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9-5-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G l41A•BF4q VICE MAYOR ROSEMARY WILSON—District 5 �4` ,r--• 'S'G MICHAEL F.BERL UCCHI—District 3 BARBARA M.HENLEY—District 2 �. N D. "ROCKY"HOLCOMB—District 1 ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS-HAMMOND—District 4 JENNIFER ROUSE—District 10 `'Qfs'`� '••f a` JOASHUA F. "JOASH"SCHULMAN—District 9 °UR N�z° CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARKD.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS September 5, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 1:30 PM A. LEGISLATIVE AGENDA PROCESS Brent McKenzie, Legislative Affairs Liaison (Requested by Vice-Mayor Wilson and Council Members Ross-Hammond and Taylor) II. CITY MANAGER'S BRIEFINGS A. SPORTS TOURISM DEVELOPMENT UPDATE 2:00 PM Nancy Heiman, Director—Convention and Visitors Bureau B. 21 st STREET LIBRARY UPDATE 2:30 PM L.J. Hansen, Director—Public Works C. PENDING PLANNING ITEMS 3:00 PM Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 3:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Joseph Varner Senior Pastor, Thalia United Methodist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS August 15, 2023 H. MAYOR'S PRESENTATION 1. DISABILITY VOTING RIGHTS WEEK Mary Mathena, Mayor's Commission of Persons with Disabilities I. PUBLIC HEARINGS 1. CHANGE THE CENTRAL ABSENTEE PRECINCT LOCATION FOR THE NOVEMBER 2023 AND MARCH 2024 ELECTIONS to Building 23 within the Municipal Center 2. LEASE OF CITY PROPERTY 2089 Indian River Road—Residential Dwelling to Haleigh Harper Krause 3. LEASE OF CITY PROPERTY 1,143 square feet of gravel parking area along Ocean View Avenue to B&J, Ltd. of Virginia J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re change the Central Absentee location to Building 23 for the November 2023 and March 2024 Elections 2. Ordinance to AMEND City Code Sections 5-311, 5-500, 5-501 and 5-520 through 5-529 re animals 3. Resolution to ADD Student Members to the Open Space Advisory Committee(Requested by City Council) 4. Resolution to APPROVE the FY-2024 Performance Contract with the Commonwealth of Virginia re mental health,developmental and substance use disorder services and ACCEPT, APPROPRIATE and TRANSFER State funds 5. Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 204A, 204B and 202 75th Street 6. Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 7406 Atlantic Avenue 7. Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to 203 75th Street 8. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 205 75th Street 9. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 209 75' Street 10. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 211 75th Street 11. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 213 75th Street 12. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 215A and 215B 75th Street 13. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 217 75th Street 14. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 7500 Atlantic Avenue 15. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 208A and 208B 76th Street 16. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 210 76" Street 17. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 214 76th Street 18. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 216A and 216B 76th Street 19. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 218A and 218B 76th Street 20. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of unimproved right-of-way adjacent to the rear of 317 45th Street 21. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the rear of 2240 Windward Shore Drive re construct and maintain a boat lift,wood dock and a portion of a wood pier DISTRICT 8 22. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Holly located at the rear of 703 Arctic Avenue re construct and maintain a vinyl bulkhead and a timber pier DISTRICT 5 23. Ordinance to CARRY FORWARD and APPROPRIATE $10,145,169 to the FY 2023-24 Operating Budget re purposes previously approved in FY 2022-23 24. Ordinance to APPROPRIATE $1,164,299 from the Tourism Investment Program (TIP) Fund Balance to the FY 2023-24 Convention and Visitors Bureau Operating Budget re conditional payment to ESM VBSC, LLC (Deferred from August 8, 2023) STAFF RECOMMENDS INDEFINITE DEFERRAL L. PLANNING 1. SHJ CONSTRUCTION GROUP,LLC/ATLANTIC SHORES BAPTIST CHURCH for a Modification of Conditions re religious use and Conditional Use Permit re car wash facility at 1861 Kempsville Road DISTRICT 7 RECOMMENDATION: APPROVAL 2. FRANKLIN JOHNSTON GROUP MANAGEMENT &DEVELOPMENT,LLC/ADDIE S. VANDERMEL REVOCABLE TRUST & ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District with Workforce Housing Overlay District and Modification of Proffers re expand and add 176 additional units for a portion of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 (Approved July 8, 2014) RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL 3. SPEEDGEARZ, LLC / COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 4. LONDON BRIDGE DEVELOPMENT,LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6 RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents)is available at https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/r40ff84e930ab8fd54e92798f6219b2ce 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 5, 2023. I. CITY COUNCIL'S BRIEFING - Conference Room- 1:30 PM A. LEGISLATIVE AGENDA PROCESS Brent McKenzie, Legislative Affairs Liaison (Requested by Vice-Mayor Wilson and Council Members Ross-Hammond and Taylor) II. CITY MANAGER'S BRIEFINGS A. SPORTS TOURISM DEVELOPMENT UPDATE 2:00 PM Nancy Helman, Director—Convention and Visitors Bureau B. 21 st STREET LIBRARY UPDATE 2:30 PM L.J. Hansen, Director—Public Works C. PENDING PLANNING ITEMS 3:00 PM Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 3:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Joseph Varner Senior Pastor, Thalia United Methodist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS August 15, 2023 H. MAYOR'S PRESENTATION 1. DISABILITY VOTING RIGHTS WEEK Mary Mathena, Mayor's Commission of Persons with Disabilities rya. ,fir z s up OUR NAr� e dill • , '.' `, . '- - ,,, ., . - r : :13. . ....t .... .. , ,.., , - , , ._ , ;, ___. _ . , ' - - - - , . toclamation. _ : , � . , ,i',''-'' --r-'-,,':-''' m as: 'There are over 61 million adrihs with disa6rlitres living in communities thmughout thre'United States,antiover 1 6 milCson adults with disabilities reside in`1)uginra,•"andover49 thousar dadults with disabilities aye in^tile City of'ihre'inra Beach,and ,-.':.-.,,,_,,,..... '1 en as 3 Over 8 milFion.r .�mencans wathdrsabtCitusare eligible voters,•and : r ' erea '' 7re;disabifity,community tuts a cntwat interest ini policies anddecrs.'.--,-'-.._:,., rons„ -.'.andenactedat,`total, state,ancfnationattevels that impact ourlsves diirectify aiuf 41 tertas ?1al ngiurepeople with dtsa6ilities have access to voting rs essential if these polities are to meet the,r , r: reatneeds of peopleiwith disabilities in o•ur communities,.gird - ' `i'errax -'Voting rs one sure way forthe,drsabils'ty commlunity-to have a say in the peoptee anctpolrcres that is impact their communities and I 4'1 iea• _. �E` V�4iirginia which stints for"Rgrsterl�Educ atel'Doter`1Use your rPowerl°is the statewide effort to 6uafd the voting power.of disa6Ced Virginians;and. > ;_,,::-,_,::,_,,,,,,, ,,,,,"` ._, ,,, 'W Iereas 9btembers of the natwnafd sabilaty'nghts.community are organu ing the 7 'annua,,,,'. 6sfity Voting,Rights`WeekSeptember11 to 15,:2023;'and 4�&nas E V'kP 'irgnua is.planning events across the Commonwealth to celebrate(Disability doting gfits inclu�ng at the Endependence"Centeron the prengSaturday Septem6er'9� 9Vow;?tierrf�;re I,Ebert�lr`Bobby'(Dyer S 1ayor of tine City of'Virginia Beach'llirguua,`da hereby prawldim. - f - : Septem6e -11-15, 2023; as Disa6. ty doting thts`Week in:'Virginia(Beach. i' • ':- ' ' " '':' '*' ' ' , ' '' '' ' -. - ,:' ' '-' - '' ' '-' 'f,,,',".,r.;' - '' -_-' In'( tnia(8taeft,I'call upon the citizens andmembersywithin government agencies public andpnvate institutions businesses;andschoots sn i)irginia Beach to also be`neighbors helping neighbors during e'tections forthe benefit and betterment of the community so tfatjututeiinintioin can appreciate an furtker.upaft our beloved City cf't"irgrnra Beach. ` i In'Wltriees I have hereunto'set hand and caused the O t Seat o the C o Vi nia Beach,. 'Virginia,to be affi dthisfifth(Day of September, - -..o-.-, and'wenty 4Tiree. 7 ` ��` ,Rp6ert 92..°(Bo66y Dyer ' , _. - I. PUBLIC HEARINGS 1. CHANGE THE CENTRAL ABSENTEE PRECINCT LOCATION FOR THE NOVEMBER 2023 AND MARCH 2024 ELECTIONS to Building 23 within the Municipal Center 2. LEASE OF CITY PROPERTY 2089 Indian River Road—Residential Dwelling to Haleigh Harper Krause 3. LEASE OF CITY PROPERTY 1,143 square feet of gravel parking area along Ocean View Avenue to B&J, Ltd. of Virginia ,...20;?‘',44.1_04\ fS�44': 1: ei PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE CENTRAL ABSENTEE PRECINCT LOCATION FOR THE NOVEMBER AND MARCH ELECTIONS The City Council of Virginia Beach,Virginia at its formal session on September 5, 2023 at 6:00 PM will conduct a public hearing upon an ordinance to change the Central Absentee Precinct location for the November General and March Primary Elections. If adopted,the Central Absentee Precinct will be located at Building 23 within the Municipal Center. After the aforementioned elections, the Central Absentee Precinct will return to Building 14, which is the Agriculture/Voter Registrar Building. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at httrw•//vhgov webex com/weblink/re picter/r4OffR4p93Oa b4fd 94pq 97,Qg f621 h2pe 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 5,2023. All interested parties are Invited to participate. Amanda Barnes,MMC City Clerk Beacon:August 27&September 3,2023 I 04yP,,,,I /; \ 4_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Move the Central Absentee Precinct for the November 2023 and March 2024 Elections MEETING DATE: September 5, 2023 • Background: Space constraints in Building 14 continue to require the Voter Registrar to seek alternatives to accomplish the necessary tasks on election day. In September 2022, the City Council authorized the temporary move of the Central Absentee Precinct for the November elections. The Voter Registrar requests a similar move for the November 2023 election and March 2024 primary election. Because precinct changes cannot be made within 60 days of the election, this item is requested to have its public hearing and vote on September 5, 2023. Building 23 is located at 2473 North Landing Road, and it has the same public transportation access as Building 14. There will be signage to direct interested persons to the appropriate location. After the March 2024 primary election, the location of the Central Absentee Precinct will return to Building 14, which is also known as the AgricultureNoter Registrar Building. • Considerations: The Building 23 location meets requirements of the Americans with Disabilities Act. The ordinance directs the Voter Registrar and the City Attorney to seek a certification of no objection from the Office of the Attorney General. Upon the issuance of such certification or if 60 days lapses without the Attorney General interposing an objection, the change will be effective. As the Central Absentee Precinct is only operative on the day of the election, there is sufficient time to seek such approval in advance of November 7th. • Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. An advertisement will be placed in the newspaper prior to the November 2023 election. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Requested by the Voter Registrar and Director of Elections 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO MOVE THE CENTRAL 3 ABSENTEE PRECINCT FOR THE NOVEMBER 2023 4 AND MARCH 2024 ELECTIONS 5 6 SECTION AMENDED: § 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. Section 10-1 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their respective 17 polling places, as set forth below: 18 19 Precinct Polling Place 20 0001 Galilee Episcopal Church 21 3928 Pacific Avenue 23451 22 0002 Museum of Contemporary Art 23 2200 Parks Avenue 23451 24 0003 Ocean Lakes Elementary 25 1616 Upton Drive 23454 26 0004 Virginia Beach Community Chapel 27 1261 Laskin Road 23451 28 0005 Mount Olive Baptist Church 29 310 N. Birdneck Road 23451 30 0006 Alanton Elementary School 31 1441 Stephens Road 23454 32 0007 King's Grant Presbyterian Church 33 745 Little Neck Road 23452 34 0008 London Bridge Baptist Church 35 2460 Potters Road 23454 36 0009 Trantwood Elementary School 37 2344 Inlynnview Road 23454 38 0010 All Saints' Episcopal Church 39 1969 Woodside Lane 23454 40 0011 Edgar Cayce's Association for Research 41 and Enlightenment 42 215 67th Street 23451 43 0012 Lynnhaven Elementary School 44 210 Dillon Drive 23452 45 0013 Windsor Woods Elementary School 46 233 Presidential Boulevard 23452 47 0014 Malibu Elementary School 48 3632 Edinburgh Drive 23452 49 0015 Calvary Baptist Church 50 4832 Haygood Road 23455 51 0016 Bayside Sixth Grade Campus 52 4722 Jericho Road 23462 53 0017 The Louis R. Jones Bayside Recreation Center 54 4500 First Court Road 23455 55 0018 Independence Middle School 56 1370 Dunstan Lane 23455 57 0019 Bayside Church of Christ 58 5025 Shell Road 23455 59 0020 Bayside Elementary School 60 5649 Bayside Road 23455 61 0021 Bettie F. Williams Elementary School 62 892 Newtown Road 23462 63 0022 Point 0' View Elementary School 64 5400 Parliament Drive 23462 65 0023 Arrowhead Elementary School 66 5549 Susquehanna Drive 23462 67 0024 St. Andrews United Methodist Church 68 717 Tucson Road 23462 69 0025 Fairfield Elementary School 70 5428 Providence Rd. 23464 71 0026 Kempsville Presbyterian Church 72 805 Kempsville Road 23464 73 0027 Kempsville Middle School 74 860 Churchill Drive 23464 75 0028 Thalia Elementary School 76 421 Thalia Road 23452 77 0029 Holland Elementary School 78 3340 Holland Road 23452 79 0030 Seatack Elementary School 80 912 S. Birdneck Road 23451 81 0031 Red Mill Elementary School 82 1860 Sandbridge Road 23456 83 0032 Oak Grove Baptist Church 84 691 Princess Anne Road 23457 85 0033 Back Bay Christian Assembly 86 1212 Princess Anne Road 23457 87 0034 Blackwater Fire Station 88 6009 Blackwater Road 23457 89 0035 Kellam High School 90 2665 West Neck Road 23456 91 0036 Red Church Steeple 92 245 S. Rosemont Rd 23452 93 0037 Bayside Baptist Church 94 1920 Pleasure House Road 23455 95 0038 Bayside Presbyterian Church 96 1400 Ewell Road 23455 97 0039 Pembroke Elementary School 98 4622 Jericho Road 23462 99 0040 Union Baptist Church 100 4608 South Boulevard 23452 101 0041 College Park Elementary School 102 1110 Bennington Road 23464 103 0042 Brandon Middle School 104 1700 Pope Street 23464 105 0043 Salem Middle School 106 2380 Lynnhaven Parkway 23464 107 0044 Centerville Elementary School 108 2201 Centerville Turnpike 23464 109 0045 White Oaks Elementary School 110 960 Windsor Oaks Boulevard 23462 111 0046 Green Run Elementary School 112 1200 Green Garden Circle 23453 113 0047 King's Grant Elementary School 114 612 N Lynnhaven Road 23452 115 0048 WAVE Church 116 1000 N. Great Neck Road 23454 117 0049 John B. Dey Elementary School 118 1900 N. Great Neck Rd. 23454 119 0050 The Gathering at Scott Memorial 120 United Methodist Church 121 409 First Colonial Road 23454 122 0051 Kempsville Area Library 123 832 Kempsville Road 23464 124 0052 Providence Presbyterian Church 125 5497 Providence Road 23464 126 0053 Kempsville Elementary School 127 570 Kempsville Road 23464 128 0054 Landstown High School 129 2001 Concert Drive 23456 130 0055 Virginia Beach Moose Family Center 131 3133 Shipps Corner Road 23453 132 0056 St. Aidan's Episcopal Church 133 3201 Edinburgh Drive 23452 134 0057 St. Matthew Catholic Church 135 3314 Sandra Lane 23464 136 0058 Glenwood Elementary School 137 2213 Round Hill Drive 23464 138 0059 Shelton Park Elementary School 139 1700 Shelton Road 23455 140 0060 WAVE Church 141 2655 Seaboard Road 23456 142 0061 Ebenezer Baptist Church 143 965 Baker Road 23455 144 0062 Restoration Church at Landstown 145 3220 Monet Drive 23453 146 0063 Ocean Lakes High School 147 885 Schumann Drive 23454 148 0064 Rosemont Forest Elementary School 149 1716 Grey Friars Chase 23456 150 0065 Colonial Baptist Church 151 2221 Centerville Turnpike 23464 152 0066 Princess Anne Recreation Center 153 1400 Nimmo Parkway 23456 154 0067 Eastern Shore Chapel 155 2020 Laskin Road 23454 156 0068 Providence Elementary School 157 4968 Providence Road 23464 158 0069 Unity Church of Tidewater 159 5580 Shell Road 23455 160 0070 Corporate Landing Middle School 161 1597 Corporate Landing Parkway 23454 162 0071 Salem High School 163 1993 Sun Devil Drive 23464 164 0072 W. T. Cooke Elementary School 165 1501 Mediterranean Avenue 23451 166 0073 Green Run High School 167 1700 Dahlia Drive 23453 168 0074 Rosemont Elementary School 169 1257 Rosemont Rd. 23453 170 0075 Lynnhaven Colony Congregational Church 171 2217 W. Great Neck Road 23451 172 0076 Thalia Lynn Baptist Church 173 4392 Virginia Beach Boulevard 23462 174 0077 Plaza Annex 175 641 Carriage Hill Rd 23452 176 0078 Indian Lakes Elementary School 177 1240 Homestead Drive 23464 178 0079 Emmanuel Episcopal Church 179 5181 Singleton Way 23462 180 0080 Kingdom Cathedral 181 3820 Stoneshore Road 23452 182 0081 Salem Elementary School 183 3961 Salem Lakes Boulevard 23456 184 0082 Christopher Farms Elementary School 185 2828 Pleasant Acres Drive 23453 186 0083 Strawbridge Elementary School 187 2553 Strawbridge Road 23456 188 0084 Tallwood Elementary School 189 2025 Kempsville Road 23464 190 0085 Three Oaks Elementary School 191 2201 Elson Green Avenue 23456 192 0086 Haygood United Methodist Church 193 4713 Haygood Road 23455 194 0087 New Castle Elementary School 195 4136 Dam Neck Road 23456 196 0088 Hope Haven 197 3000 North Landing Road 23456 198 0089 New Covenant Presbyterian Church 199 1552 Kempsville Road 23464 200 0090 Morning Star Baptist Church 201 4780 First Court Road 23455 202 0091 Larkspur Middle School 203 4696 Princess Anne Road 23462 204 0092 Lynnhaven United Methodist Church 205 1033 Little Neck Road 23452 206 0093 Enoch Baptist Church Family Life Center 207 5685 Herbert Moore Road 23462 208 0094 Plaza Middle School 209 3080 S. Lynnhaven Road 23452 210 0095 Corporate Landing Elementary School 211 1590 Corporate Landing Parkway 23454 212 0096 Freedom Fellowship 213 836 Regency Drive 23454 214 0097 San Lorenzo Spiritual Center 215 4556 Indian River Rd. 23456 216 0098 Windsor Oaks Elementary School 217 3800 Van Buren Drive 23452 218 0099 Parkway Elementary School 219 4180 O'Hare Drive 23456 220 0100 Tabernacle United Methodist Church 221 1265 Sandbridge Rd. 23456 222 0101 Luxford Elementary School 223 4808 Haygood Road 23455 224 0102 Diamond Springs Elementary School 225 5225 Learning Circle 23462 226 0103 Kempsville Meadows Elementary School 227 736 Edwin Drive 23462 228 0104 Woodstock Elementary School 229 6016 Providence Road 23464 230 0105 Pembroke Meadows Elementary School 231 820 Cathedral Drive 23455 232 0106 Thalia United Methodist Church 233 4321 Virginia Beach Boulevard 23452 234 0107 Linkhorn Park Elementary School 235 977 First Colonial Road 23454 236 0108 The Gala 417 237 2105 W. Great Neck Road 23451 238 Central Absentee Voter AgricultureNoter Registrar Building 239 Precinct 240 241 Notwithstanding the preceding, for the November 2023 election and March 2024 primary 242 election, the Central Absentee Voter Precinct will be located at Building 23 within the 243 Municipal Center, which has a street address of 2473 North Landing Road. The Building 244 14 location, which is also known as the AgricultureNoter Registrar Building, shall remain 245 open to the public during the customary hours required for an office of the voter registrar 246 on the date of an election. 247 248 2. The Voter Registrar and the City Attorney are hereby directed to seek a 249 certification of no objection from the Office of the Attorney General using the 250 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 251 change authorized herein. The precinct change shall not be administered unless 252 and until the Attorney General has provided such certification or if 60 days lapses 253 without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar o ey's Office CA16289 R-1 August 25, 2023 fr,-"N% c-,.:..-, 3 .. ti4, Wv PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, September 5,2023,at 6:00 p.m.in the Council Chamber,City Hall-Bldg. Ill,at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the proposed lease of the following City-owned property Residential dwelling located at 2089 Indian River Road (Part of GPIN:2403-81-7788) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works-Real Estate Office, 2473 N. Landing Road, Virginia Beach, Virginia 23456, (757) 385- 4161,PWRealEstate@vbgov.com. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at httns'//vbgov wehexrnrn/we hlink/rmgicter/r4OffR4wq30Rh ftfd54e9279Rf6214h2ry 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on September 5,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON: August 27,2023 r N �c ��J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Haleigh Harper Krause for the City-owned Dwelling Located at 2089 Indian River Road PUBLIC HEARING: September 5, 2023 MEETING DATE: September 19, 2023 • Background: In 2001, the City acquired a residential dwelling (the "Premises") as part of the small horse farm at 2089 Indian River Road (GPIN: 2403-81-7788) (the "Property"). The Police Department's Mounted Patrol facility (the "Facility") is located on the Property. The Police Department desires to provide affordable housing in close proximity to the Facility to an employee who provides for the care, safety and protection for the horses that reside at the Facility. Through a selection process conducted by the Police Department, Haleigh Harper Krause (the "Tenant"), an animal caretaker for the Police Department, was chosen as the candidate that best meets the requirements and qualifications to lease the Premises. • Considerations: The lease would be on a month-to-month basis and can be terminated by either party with thirty (30) days' written notice. In no event shall the term of the lease extend beyond August 31, 2028 without City Council's approval. As a condition of the lease, the Tenant must maintain full-time employment with the Police Department. The Tenant has agreed to pay $400.00 per month rent, which is commensurate with Tenant's earnings as an animal caretaker. The Tenant has also agreed to perform all necessary routine maintenance and repairs to keep the Premises clean and in good condition. The City would be responsible for maintenance and repair of the structural components, roofing, plumbing, septic, heating, air conditioning, electrical systems and appliances not owned by the Tenant. The Premises would be used solely as the Tenant's residence. Public Information: Notice of the Public Hearing was advertised in The Virginian-Pilot on August 27, 2023. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve lease agreement as presented, change terms and conditions of the lease agreement or deny leasing of subject Premises. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH 3 HALEIGH HARPER KRAUSE FOR THE CITY- 4 OWNED DWELLING LOCATED AT 2089 INDIAN 5 RIVER ROAD 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a residential 8 dwelling (the "Premises") located on its property at 2089 Indian River Road 9 (GPIN 2403-81-7788) (the "Property"); 10 11 WHEREAS, the Police Department's Mounted Patrol facility is located on 12 the Property; 13 14 WHEREAS, the Police Department desires to provide affordable housing 15 in close proximity to the Mounted Patrol facility to an employee who provides for 16 the care, safety and protection for the horses that reside at the Property; 17 18 WHEREAS, through a selection process conducted by the Police 19 Department, Haleigh Harper Krause (the "Tenant"), an animal caretaker for the 20 Police Department, was chosen as the candidate that best meets the 21 requirements and qualifications to lease the Premises; and 22 23 WHEREAS, the Tenant desires to enter into a formal lease agreement 24 with the City in accordance with the terms and conditions set forth in the 25 Summary of Terms, attached hereto as Exhibit A, and made a part hereof. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager, or his authorized designee, is hereby authorized to 31 execute a lease agreement between the Tenant and the City of Virginia Beach 32 for the Premises located at 2089 Indian River Road, in accordance with the 33 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and 34 such other terms, conditions or modifications as may be acceptable to the City 35 Manager and in a form deemed satisfactory to the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: pophotWorki% acilities City Attorney Management CA16073 \W bgov.com`,dfs I\applications\citylaw\cycom32\wpdocs\dO 151p047100905811.doc R-1 August 24, 2023 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Haleigh Harper Krause (the "Tenant") PREMISES: Residential dwelling located at 2089 Indian River Road (Portion of GPIN: 2403-81-7788) TERM: Month-to-month tenancy, commencing September 1, 2023, and shall not extend beyond August 31, 2028. RENT: $400 per month, with a 2.5% escalation annually. RIGHTS AND RESPONSIBILITIES OF LESSEE/TENANT: • Premises will be used solely for Tenant's residence, and for no other purpose. • Tenant will perform all necessary maintenance and repairs to keep the Premises clean and in good condition. • Tenant will pay for and maintain utilities for the Premises. • Tenant will maintain Renter's General Liability insurance coverage with policy limits of not less than $1,000,000 per occurrence and will name the City as an additional insured. • Tenant will comply with all applicable federal, state and local laws, ordinances, and regulations. • Tenant will comply with all terms and conditions set forth in the Lease. • Tenant will maintain full-time employment with the City's Police Department. RIGHTS AND RESPONSIBILITIES OF THE LESSOR/CITY: • The City would be responsible for maintenance and repair of the structural components, roofing, plumbing, septic, heating, air conditioning, electrical systems and appliances not owned by the Tenant. TERMINATION: • Either party may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. LOCATION MAP e,* ,,,,,,"`•,•-••Jr, ': poolike. . .: ., liti,,261,4,1 .. 44"'117, rCOC?- , : 41t2.1 1,00117../--./i ti ''' ,; LEASED PREMISES it i� J•'t"! /T c. ' k. r a •r y x l� . w... "Y tv d ;.. ;�, T rue 'p, • ._ - -- - c -• 4 a '' J \ 4. . . i -- 4 1 AstxA, / . 'a,A:��1 µ .it ,~L ,._, 2089 Indian River Road ;As +4 ��_ « (GPIN:2403-81-7788) ,tok, •,, { �� t:P •. �� Z j,., ram—•- 1 d'' \ ^ ,1 �t� -` A. !s ,..• _ .,,,„tt.4,44 11,44 . . r, . . �t .t k I. r * 0/.1 :r'F i,.t-q !. , t s Disclosure Statement` t tty of�ryirtict�J,x:,h ` a Planning & 03n1lntirilty. i r ,t� .n «.:...:ii�'.�...:.�.�ib.�..-,..:mac: ate°,{, _ . DevelOpmeilt 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 trottel 9V\ arc uS-C Does the applicant have a representative? ❑ Yes No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 12 No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary) or affiliated business entity relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(Hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 1 1 P a g e Disclosure-Statement - ^- r F�. C�t�nj t%�irrin Qeach wriyf Planning• &Commurl .. M Development '; .0 Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? El Yes LJ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes dNo • If yes,identify the financial institutions providing the service. 2. Does the appli ant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes Ig411 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 providedd in connection with the subject of the application or any business operating or to be operated on the property? ElYes g No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 2/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 E(No • If yes, identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e T ".K l •v i 1 ��ti �.,t 1 ':1 C_� {. i t t• i tE ` �r�y, :. i ,iy G> Disclosure Statement r 4 # � � t t S r , .�i.. y iG`Y'"� q�M .a'' yf 31 fi.t 3 i.n .� � :y. �. f �,.� �;r .{ :PlanriinQ' &j�on�nixn `i ,s •u � {c b L N- Devel pm t -...c'+►ac+sr.+`�"".cE�M�,n��r^^r"" r .-✓ "" »ck � � � l yam,` • Y � 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conyection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes z(No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. till i 9h V—ralvSe Applicant Signature Mel IA K 3 Se Print Name and Title IF1I`2'b Date Is the applicant also the owner of the subject property? ❑ Yes LJ No • If yes,you do not need to fill out the owner disclosure statement. l •y f .....-•.r,.t'• ti.' ! 5,.. '•:U '•t.�,•,�. + .:►' ._ i.• A-*Qt�t••e' �EORYQTY;'US`E•'ONL.Y/'AII disclosures:must be up 1ated`t_wo:(2):weeks•prior. o.�any Plannm Commission and.City Council me ng. ,,xx.�3! s .:N. Y,�e•�c_ . ;.i{,.i� �. ...: r.}v,.�{; a,u' :�-. ?. :.P :f: J•• +:;,.+`.d r. :.4..'41Ki•:'p1W'J'(,-:'S�,"i°:•. .,r+,' �::^.'�+ :.J •"x::.:.1:•t •'�: �.o.e.•+ti'� ;x 'f• .s','a..:Ec a,•'L'•`'' "..a•`•' _..�.. A�• ,�, .p';,i5•�,�`, :.k, :.e.r•jt;:.. •; 'ti;,�,. i.:A.�`! ':,+�4";:Pt•-':yF,• .'�a;w.•.,.�r..^ir: .r q•yxl:.., :. ;�• r �:..`^t.:'.� r' '.., '•:'. s �:. . fir! ghat rtainsfto-the•a II:CatIOnS.. �±:;�±t „,,3•. ,.'� :.:,ti• ;•° .. r:. :�¢�.: '�: �::::��.�.. �;>< .,.••.:t. ,��- �,�,:;.� .rv. ,� ti No changes as of Date Signature Print Name Ru-./.sed11.0')20%0 3 I P a p e Disclosure Statement ttp of Vtrzu�$eacr Plannin &.:Comm ni , 'F Development. - # Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 p a g e Disclosure Statement , u ° r , City of Vin inia Bench A'�. k #<+ i t yy d ai K�ya at t - •.. � ' Planning & Community en o m �Devel p t mot,. Owner Disclosure L4y , Vrria 'beaC il Applicant Name Is the Owner a corporation,partnership,firm, business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers, directors, members,trustees, etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity° relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I Disclosure Statement City of Virginu2 Becht Plnnin Corrimurii F. *v ' h •L ., � � �� '�� Jf»«lam .:_ Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes, identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure.:Statement • • � ;".{;' .{� ,peg• spa ,Dv elopment rv • 4 F 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes, identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and lease of City- owned property, at its formal session on Tuesday,September 5, 2023 at 6:00 p.m.in the Council Chamber of the City Hall Building (Building#1)at the Virginia Beach Municipal Center, 2401 Courthouse Drive,Virginia Beach, Virginia 23456. The purpose of this hearing will be to obtain public comment on the proposed lease of City-owned property located adjacent to 4536 Ocean View Avenue: 1,143 square feet of gravel parking area along Ocean View Avenue to B&J,Ltd.of Virginia If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing Impaired,call 1-800-828-1120(Virginia Relay- Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Office of Real Estate,2473 N. Landing Road, Building 23, Municipal Center at (757) 385- 4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/we hlink/reggster/r40ff84e930a b8fd54e92798f6219b2ce 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on September 5,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:August 27,2023 0 \, 4[ )I „.„ __:- .....,,..„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for five (5) years for a portion of City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue PUBLIC HEARING DATE: September 5, 2023 MEETING DATE: September 19, 2023 • Background: The City owns the right-of-way known as Ocean View Avenue. A portion of the right-of-way consisting of 1 ,143 square feet is an unimproved, gravel area in front of 4536 Ocean View Avenue (the "Gravel Parking Area"). B & J Ltd. of Virginia, a Virginia corporation ("B & J"), owns the property located at 4536 Ocean View Avenue and operates the Buoy 44 restaurant on the site. At the time B & J purchased the property in 1974, the Gravel Parking Area was in front of its building, and B & J has been using it since for customer parking. B & J leased a portion of the Gravel Parking Area from the City pursuant to ORD- 3533B adopted on February 20, 2018. Prior to that, there was no record of approval by the City for B & J to use the Gravel Parking Area. B & J desires to enter into a new lease with the City for use of the entire Gravel Parking Area. City Staff has reviewed the request to lease the Gravel Parking Area and recommends approval of same. • Considerations: B & J has agreed to pay the City $2,000.00 per year for leasing the Gravel Parking Area, to be used as parking, located at the front of Buoy 44 restaurant. On October 3, 2017, City Council conditionally approved encroachments by B & J into Ocean View Avenue and Fentress Avenue at this site, subject to B & J entering into a lease with the City for the Gravel Parking Area. • Public Information: A public hearing will be held on September 5, 2023, and public notice of the hearing will be advertised in The Virginian-Pilot Beacon and provided via the normal City Council agenda process. • Alternatives: Deny the request, or add additional conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms, Exhibit A, Location Maps, Picture and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR FIVE (5) YEARS FOR A 3 PORTION OF CITY RIGHT-OF-WAY KNOWN AS OCEAN 4 VIEW AVENUE ADJACENT TO 4536 OCEAN VIEW 5 AVENUE 6 7 WHEREAS, the City of Virginia Beach (the "City") owns right-of-way known as 8 Ocean View Avenue, which contains approximately 1,143 square foot (0.026 acre) 9 of gravel area as shown on Exhibit A attached hereto and made a part hereof 10 ("Gravel Parking Area"); 11 12 WHEREAS, B & J, Ltd. of Virginia, a Virginia corporation ("B & J"), operates a 13 restaurant establishment known Buoy 44, which is located at 4536 Ocean View 14 Avenue. B & J has been leasing a portion of the Gravel Parking Area since 2018 15 and desires to enter into a new lease agreement with the City for a term of five (5) 16 years, to occupy and use the Gravel Parking Area for additional parking for its 17 employees and customers; and 18 19 WHEREAS, B & J has agreed to pay the City $2,000.00 per year for use of 20 the Gravel Parking Area. 21 22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for the term of 26 five (5) years, between B & J and the City for the Gravel Parking Area in accordance 27 with the Summary of Terms attached hereto as Exhibit B and made a part hereof, 28 and such other terms, conditions or modifications deemed necessary and sufficient 29 by the City Manager and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 32 day of , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney ublic Works/Real Estate CA16042 R-1 August 18, 2023 EXHIBIT "A" 4536 Ocean View Avenue "Gravel Parking Area" L./. . s ‘ .,:i- Mr... r . i t' - i r 4 % f i • 4536 Ocean View Avenue .�. I • ar . I 0 ; . 4'; '- INI _ r 1 i w ., 4 _ i t , *' 'ietfr.,. =t. ! fit'. ` e. €1/2 :: tt ft •,Fr 4i tie fil)k " a A a rm . rC -. vim. = 1,143 square feet (0.026 ac.) of gravel parking area EXHIBIT B SUMMARY OF TERMS LEASE OF CITY-OWNED RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE LESSOR:. City of Virginia Beach LESSEE: B & J, Ltd. of Virginia, a Virginia corporation PREMISES: Approximately 1,143 square feet (0.026 acres) of gravel area located in the City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue TERM: September 1, 2023 through August 31, 2028 RENT: $2,000.00-per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. • The right to grant easements, franchises, and rights of way across or upon the Premises for streets, alleys, public highways, drainage, and utilities and similar uses. TERMINATION: • The City may terminate the Lease for any reason upon thirty (30) days' written notice. i( ii, WW _ - W —��— E ' r. , ti '"4 , It *!; -Ott- /.4(tit , 0.., eiiiit. _ .e,440p0 ,„ • / II.414, i_ 1 2 , ..„.. v i , , . „.„ , f,...„ it . .,.. tf., 4 t Apr. , , ro, O .w '` a ..• ��• `. :*!�'..� lam, � 'R a /y .s -Ag i :).:,..'": f (4 c..tav,..,,, 46 .. ' .41 '.'ir .. ..\ illir � �,a e•y x."' _ . o i . 4 ' _ ..C, sf •� c j-] e '� \ °/461* tea ` : ;; t ' V O �� • �, e,- . 1... t, -4 i. .,p: ,4r: . • lik-,14; \If ' v� F.' SS 9 y,1 t Jat, / ♦' Y1 ..i . �' i,} tw 'iY _ l"fie .J .. 1 ;fit i5w .,. `` , ' .�.. . .,,. .� "4 . LOCATION MAP a �7 ,' '` , ' 4410. / LEASE OF RIGHT OF WAY Legend =A 9 }, -4 4' ADJACENT TO � 1570-62-72504536 Ocean View Avenue '1 OFjQOq , •� -' 1A,...,:o �, 4536 OCEAN VIEW AVENUE '��' 4 Right Of WayTo Be Leased +l- 1 143 sq. ft. ••_. , �—"Iv fe _ 1 BY B&J LTD OF VA _... 9 ; ; F ,• „Art a Feet City Property 'k� �°'� `�. t� 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 07/26/2023 X:\CADD\Proiects\ARC Files\AGENDA MAPS11570-06-272511570-06-2725 Aerial.mxc N 1 W —,:0— E r s , , Z SIT /. ._-'.sHoRE 4, DR . oNe`v° N - //iiti ,Ikil ,0 4414ir 4, 1 41/2 4: ' f crl col col If 04 4'1 Q iv � o .71 D Oexii v b '( ' '0 iii. . / xli/ . o K LOCATION MAP Legend LEASE OF RIGHT OF WAY / ,, . ADJACENT TO D1570-62-7250 4536 Ocean VuewAvenue wv�FRD 4536 OCEAN VIEW AVENUE ►.❖.•. ��F VF BY B&J LTD OF VA �� Right Of Way To Be Leased +/- 1,143 sq.ft. .q Feet City Property _ 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 07/26/2023 X:ICADD1Proiects\ARC Files1AGENDA MAPS11570-06-272511570-06-2725.mxc tiLi iii\ 1 li- lf• , v 1 N.te... :., , t' . , . • :, . -. 1 ...... , i ... . I, i - * i .,..,..... „ .. , .. . ,. . . . , , . . .11,40. . e-- ,.. .,... .: ;. ...., -2. ' 4 d-. --,•,- i I I I ..,..,„. .,..!. ....t. . • '14,:, •••,,_ •..,. 7 \'; • • _ , - Ksi ;.-- - - -, if 1.- i al '.:;„- ,'.--. "::::'• ..•'-' ''''. A ! %11—.-1\1* ,„.. v - Nilo '111.-, • ., I 1 1 . . . , A , . .. , . ••,.. / ...,;,.. .. ,... . ,... „.„-.... 1,.. . , -.......----- 4 ... ; foii 1 / k: I I . 1 1r [1111111.h„ Disclosure Statement 'NB City of Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure J JJ/� I Applicant Name v Q�f L) v, J 0r V/1 ii i/4-- Does the applicant have a representative? ❑Yes L4 No • If yes,list the name of the representative. -- Is the applica a corporatio artnership,firm,business,trust or an unincorporated business? des ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) y. nil a i- , 3/.��ir"" dvr C. in/0IMC. Viffs'63i.P gi r • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NoAJe-- '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I _ Disclosure Statement .\113 Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach ave an interest in the subject land or any proposed development contingent on the subject public action?0 Yes • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in nection 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 applpiican ave a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 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?0 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 provideonnection with the subject of the application or any business operating or to be operated on the property? 0 Yes C9'No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?Cl Yes RAP • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 • 2 Disclosure Statement VB Planning&Community Development 6. Does the applicant have a construction contractor connection with the subject of the application or any business operating or to be operated on the property?❑Yes o • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent In tonne with the subject of the application or any business operating or to be operated on the property? 0 Yes o • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in co ection with the subject of the application or any business operating or to be operated on the property?El Yes o • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or an ublic bod committee in connection with this application. Applicant Si atu G • ' ,'0 /fi 2ailGr-- Print Name and die 24 Date I Is the applicant also the owner of the subject property? ❑ Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting- that pertains to the applications ❑ No dumps as of Date signature Print Name Revised 11.09.2020 3 I P a g e Disclosure Statement \43 ir My ceirnittio Bench Planning' &Community Development Owner Disclosure Owner Name A 4-U V rb OrG v2Aidir Applicant Name ` / L ./n)4-1 - Is the Owner corporatio rtnershlp,firm,business,trust or an unincorporated business? Lid'1/e5 El No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) ,Leal L Niatil , f dei1 0 • Ac+ 25, Vie psi " • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach ve an interest in the subject land or any proposed development contingent on the subject public action? ❑Yes O • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "`Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage ,...misciosure StatementAB City of*pinta Beath Planning&Community Development .- Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in conn ion with the subject of the application or any business operating or to be operated on the property? ❑ Yes o • If yes,identify the financial institutions providing the service. 2. Does the Owner ha a real estate broker/agent/realtor for current and anticipated futuresales of the subject property? ❑ Yes o • if yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in co ection with the subject of the application or any business operating or to be operated on the property?0 Yes • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in nection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑-o • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes iaNO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in nection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ O • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent In nnection with the subject of the application or any business operating or to be operated on the property?0 Yes o • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P i, Disclosure Statement NA3 Planning&Community Development 8. Is the Owner receiving legal services in conn ion 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 legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or arty p blic body or committee in connection with this application. I Act, Owner Signatu Print Name and Title 0 l 2 Date • Revised 11.09.2020 7 I Pa g e J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re change the Central Absentee location to Building 23 for the November 2023 and March 2024 Elections 2. Ordinance to AMEND City Code Sections 5-311, 5-500, 5-501 and 5-520 through 5-529 re animals 3. Resolution to ADD Student Members to the Open Space Advisory Committee(Requested by City Council) 4. Resolution to APPROVE the FY-2024 Performance Contract with the Commonwealth of Virginia re mental health,developmental and substance use disorder services and ACCEPT, APPROPRIATE and TRANSFER State funds 5. Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 204A, 204B and 202 75th Street 6. Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 7406 Atlantic Avenue 7. Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to 203 75th Street 8. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 205 75th Street 9. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 209 75th Street 10. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 211 75th Street 11. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 213 75th Street 12. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 215A and 215B 75th Street 13. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 217 75th Street 14. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 7500 Atlantic Avenue 15. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 208A and 208B 76th Street 16. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 210 76th Street 17. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 214 76th Street 18. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 216A and 216B 76th Street 19. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 218A and 218B 76th Street 20. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of unimproved right-of-way adjacent to the rear of 317 45th Street 21. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the rear of 2240 Windward Shore Drive re construct and maintain a boat lift,wood dock and a portion of a wood pier DISTRICT 8 22. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Holly located at the rear of 703 Arctic Avenue re construct and maintain a vinyl bulkhead and a timber pier DISTRICT 5 23. Ordinance to CARRY FORWARD and APPROPRIATE $10,145,169 to the FY 2023-24 Operating Budget re purposes previously approved in FY 2022-23 24. Ordinance to APPROPRIATE $1,164,299 from the Tourism Investment Program (TIP) Fund Balance to the FY 2023-24 Convention and Visitors Bureau Operating Budget re conditional payment to ESM VBSC,LLC (Deferred from August 8, 2023) STAFF RECOMMENDS INDEFINITE DEFERRAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Move the Central Absentee Precinct for the November 2023 and March 2024 Elections MEETING DATE: September 5, 2023 • Background: Space constraints in Building 14 continue to require the Voter Registrar to seek alternatives to accomplish the necessary tasks on election day. In September 2022, the City Council authorized the temporary move of the Central Absentee Precinct for the November elections. The Voter Registrar requests a similar move for the November 2023 election and March 2024 primary election. Because precinct changes cannot be made within 60 days of the election, this item is requested to have its public hearing and vote on September 5, 2023. Building 23 is located at 2473 North Landing Road, and it has the same public transportation access as Building 14. There will be signage to direct interested persons to the appropriate location. After the March 2024 primary election, the location of the Central Absentee Precinct will return to Building 14, which is also known n as the Agriculture/Voter Registrar Building. • Considerations: The Building 23 location meets requirements of the Americans with Disabilities Act. The ordinance directs the Voter Registrar and the City Attorney to seek a certification of no objection from the Office of the Attorney General. Upon the issuance of such certification or if 60 days lapses without the Attorney General interposing an objection, the change will be effective. As the Central Absentee Precinct is only operative on the day of the election, there is sufficient time to seek such approval in advance of November 7th • Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. An advertisement will be placed in the newspaper prior to the November 2023 election. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Requested by the Voter Registrar and Director of Elections 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO MOVE THE CENTRAL 3 ABSENTEE PRECINCT FOR THE NOVEMBER 2023 4 AND MARCH 2024 ELECTIONS 5 6 SECTION AMENDED: § 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. Section 10-1 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their respective 17 polling places, as set forth below: 18 19 Precinct Polling Place 20 0001 Galilee Episcopal Church 21 3928 Pacific Avenue 23451 22 0002 Museum of Contemporary Art 23 2200 Parks Avenue 23451 24 0003 Ocean Lakes Elementary 25 1616 Upton Drive 23454 26 0004 Virginia Beach Community Chapel 27 1261 Laskin Road 23451 28 0005 Mount Olive Baptist Church 29 310 N. Birdneck Road 23451 30 0006 Alanton Elementary School 31 1441 Stephens Road 23454 32 0007 King's Grant Presbyterian Church 33 745 Little Neck Road 23452 34 0008 London Bridge Baptist Church 35 2460 Potters Road 23454 36 0009 Trantwood Elementary School 37 2344 Inlynnview Road 23454 38 0010 All Saints' Episcopal Church 39 1969 Woodside Lane 23454 40 0011 Edgar Cayce's Association for Research 41 and Enlightenment 42 215 67th Street 23451 43 0012 Lynnhaven Elementary School 44 210 Dillon Drive 23452 45 0013 Windsor Woods Elementary School 46 233 Presidential Boulevard 23452 47 0014 Malibu Elementary School 48 3632 Edinburgh Drive 23452 49 0015 Calvary Baptist Church 50 4832 Haygood Road 23455 51 0016 Bayside Sixth Grade Campus 52 4722 Jericho Road 23462 53 0017 The Louis R. Jones Bayside Recreation Center 54 4500 First Court Road 23455 55 0018 Independence Middle School 56 1370 Dunstan Lane 23455 57 0019 Bayside Church of Christ 58 5025 Shell Road 23455 59 0020 Bayside Elementary School 60 5649 Bayside Road 23455 61 0021 Bettie F. Williams Elementary School 62 892 Newtown Road 23462 63 0022 Point 0' View Elementary School 64 5400 Parliament Drive 23462 65 0023 Arrowhead Elementary School 66 5549 Susquehanna Drive 23462 67 0024 St. Andrews United Methodist Church 68 717 Tucson Road 23462 69 0025 Fairfield Elementary School 70 5428 Providence Rd. 23464 71 0026 Kempsville Presbyterian Church 72 805 Kempsville Road 23464 73 0027 Kempsville Middle School 74 860 Churchill Drive 23464 75 0028 Thalia Elementary School 76 421 Thalia Road 23452 77 0029 Holland Elementary School 78 3340 Holland Road 23452 79 0030 Seatack Elementary School 80 912 S. Birdneck Road 23451 81 0031 Red Mill Elementary School 82 1860 Sandbridge Road 23456 83 0032 Oak Grove Baptist Church 84 691 Princess Anne Road 23457 85 0033 Back Bay Christian Assembly 86 1212 Princess Anne Road 23457 87 0034 Blackwater Fire Station 88 6009 Blackwater Road 23457 89 0035 Kellam High School 90 2665 West Neck Road 23456 91 0036 Red Church Steeple 92 245 S. Rosemont Rd 23452 93 0037 Bayside Baptist Church 94 1920 Pleasure House Road 23455 95 0038 Bayside Presbyterian Church 96 1400 Ewell Road 23455 97 0039 Pembroke Elementary School 98 4622 Jericho Road 23462 99 0040 Union Baptist Church 100 4608 South Boulevard 23452 101 0041 College Park Elementary School 102 1110 Bennington Road 23464 103 0042 Brandon Middle School 104 1700 Pope Street 23464 105 0043 Salem Middle School 106 2380 Lynnhaven Parkway 23464 107 0044 Centerville Elementary School 108 2201 Centerville Turnpike 23464 109 0045 White Oaks Elementary School 110 960 Windsor Oaks Boulevard 23462 111 0046 Green Run Elementary School 112 1200 Green Garden Circle 23453 113 0047 King's Grant Elementary School 114 612 N Lynnhaven Road 23452 115 0048 WAVE Church 116 1000 N. Great Neck Road 23454 117 0049 John B. Dey Elementary School 118 1900 N. Great Neck Rd. 23454 119 0050 The Gathering at Scott Memorial 120 United Methodist Church 121 409 First Colonial Road 23454 122 0051 Kempsville Area Library 123 832 Kempsville Road 23464 124 0052 Providence Presbyterian Church 125 5497 Providence Road 23464 126 0053 Kempsville Elementary School 127 570 Kempsville Road 23464 128 0054 Landstown High School 129 2001 Concert Drive 23456 130 0055 Virginia Beach Moose Family Center 131 3133 Shipps Corner Road 23453 132 0056 St. Aidan's Episcopal Church 133 3201 Edinburgh Drive 23452 134 0057 St. Matthew Catholic Church 135 3314 Sandra Lane 23464 136 0058 Glenwood Elementary School 137 2213 Round Hill Drive 23464 138 0059 Shelton Park Elementary School 139 1700 Shelton Road 23455 140 0060 WAVE Church 141 2655 Seaboard Road 23456 142 0061 Ebenezer Baptist Church 143 965 Baker Road 23455 144 0062 Restoration Church at Landstown 145 3220 Monet Drive 23453 146 0063 Ocean Lakes High School 147 885 Schumann Drive 23454 148 0064 Rosemont Forest Elementary School 149 1716 Grey Friars Chase 23456 150 0065 Colonial Baptist Church 151 2221 Centerville Turnpike 23464 152 0066 Princess Anne Recreation Center 153 1400 Nimmo Parkway 23456 154 0067 Eastern Shore Chapel 155 2020 Laskin Road 23454 156 0068 Providence Elementary School 157 4968 Providence Road 23464 158 0069 Unity Church of Tidewater 159 5580 Shell Road 23455 160 0070 Corporate Landing Middle School 161 1597 Corporate Landing Parkway 23454 162 0071 Salem High School 163 1993 Sun Devil Drive 23464 164 0072 W. T. Cooke Elementary School 165 1501 Mediterranean Avenue 23451 166 0073 Green Run High School 167 1700 Dahlia Drive 23453 168 0074 Rosemont Elementary School 169 1257 Rosemont Rd. 23453 170 0075 Lynnhaven Colony Congregational Church 171 2217 W. Great Neck Road 23451 172 0076 Thalia Lynn Baptist Church 173 4392 Virginia Beach Boulevard 23462 174 0077 Plaza Annex 175 641 Carriage Hill Rd 23452 176 0078 Indian Lakes Elementary School 177 1240 Homestead Drive 23464 178 0079 Emmanuel Episcopal Church 179 5181 Singleton Way 23462 180 0080 Kingdom Cathedral 181 3820 Stoneshore Road 23452 182 0081 Salem Elementary School 183 3961 Salem Lakes Boulevard 23456 184 0082 Christopher Farms Elementary School 185 2828 Pleasant Acres Drive 23453 186 0083 Strawbridge Elementary School 187 2553 Strawbridge Road 23456 188 0084 Tallwood Elementary School 189 2025 Kempsville Road 23464 190 0085 Three Oaks Elementary School 191 2201 Elson Green Avenue 23456 192 0086 Haygood United Methodist Church 193 4713 Haygood Road 23455 194 0087 New Castle Elementary School 195 4136 Dam Neck Road 23456 196 0088 Hope Haven 197 3000 North Landing Road 23456 198 0089 New Covenant Presbyterian Church 199 1552 Kempsville Road 23464 200 0090 Morning Star Baptist Church 201 4780 First Court Road 23455 202 0091 Larkspur Middle School 203 4696 Princess Anne Road 23462 204 0092 Lynnhaven United Methodist Church 205 1033 Little Neck Road 23452 206 0093 Enoch Baptist Church Family Life Center 207 5685 Herbert Moore Road 23462 208 0094 Plaza Middle School 209 3080 S. Lynnhaven Road 23452 210 0095 Corporate Landing Elementary School 211 1590 Corporate Landing Parkway 23454 212 0096 Freedom Fellowship 213 836 Regency Drive 23454 214 0097 San Lorenzo Spiritual Center 215 4556 Indian River Rd. 23456 216 0098 Windsor Oaks Elementary School 217 3800 Van Buren Drive 23452 218 0099 Parkway Elementary School 219 4180 O'Hare Drive 23456 220 0100 Tabernacle United Methodist Church 221 1265 Sandbridge Rd. 23456 222 0101 Luxford Elementary School 223 4808 Haygood Road 23455 224 0102 Diamond Springs Elementary School 225 5225 Learning Circle 23462 226 0103 Kempsville Meadows Elementary School 227 736 Edwin Drive 23462 228 0104 Woodstock Elementary School 229 6016 Providence Road 23464 230 0105 Pembroke Meadows Elementary School 231 820 Cathedral Drive 23455 232 0106 Thalia United Methodist Church 233 4321 Virginia Beach Boulevard 23452 234 0107 Linkhorn Park Elementary School 235 977 First Colonial Road 23454 236 0108 The Gala 417 237 2105 W. Great Neck Road 23451 238 Central Absentee Voter Agriculture/Voter Registrar Building 239 Precinct 240 241 Notwithstanding the preceding, for the November 2023 election and March 2024 primary 242 election, the Central Absentee Voter Precinct will be located at Building 23 within the 243 Municipal Center, which has a street address of 2473 North Landing Road. The Building 244 14 location, which is also known as the AgricultureNoter Registrar Building, shall remain 245 open to the public during the customary hours required for an office of the voter registrar 246 on the date of an election. 247 248 2. The Voter Registrar and the City Attorney are hereby directed to seek a 249 certification of no objection from the Office of the Attorney General using the 250 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 251 change authorized herein. The precinct change shall not be administered unless 252 and until the Attorney General has provided such certification or if 60 days lapses 253 without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar o ney's Office CA16289 R-1 August 25, 2023 C CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 5-311, 5-500, 5-501, and 5-520 through 5- 529 of the City Code Pertaining to Animals MEETING DATE: September 5, 2023 • Background: Certain provisions of state law concerning the treatment of animals, dangerous dogs, and vicious dogs have been amended, which necessitate changes to corresponding City Code sections. • Considerations: The proposed amendments are consistent with the corresponding State code sections. In several instances, text from current city code sections is merely moved from the current section to a different section in order to coincide with the arrangement of those provisions in state law. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 311, 5-500, 5-501, AND 5-520 THROUGH 5- 3 529 PERTAINING TO ANIMALS 4 5 SECTION AMENDED: § 5-311, 5-500, 5-501, 6 AND 5-520 THROUGH 5-529 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 5-311, 5-500, 5-501, and 5-520 through 5-529 of the Code of the 12 City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 13 Sec. 5-311. Pet shops; posting of information about dogs. 14 (a) Any pet shop, as the term is defined in Code of Virginia § 3.2-6500, that sells dogs 15 shall place a clear and conspicuous sign near the cages in the public sales area 16 stating "USDA APHIS Inspection Reports Available Prior to Purchase."The sign shall 17 be no smaller than eight and one-half (81/2) inches high by eleven (11) inches wide, 18 and the print shall be no smaller than one-half inch. 19 (b) Any pet shop that sells dogs shall maintain for each dog in its possession a written 20 record that includes the following information: 21 (1) The breed, age, and date of birth of the dog, if known; 22 (2) The sex, color, and any identifying marks of the dog; 23 (3) Any additional identifying information, including a tag, tattoo, collar number, or 24 microchip; 25 (4) Documentation of all inoculations, worming treatments, and other medical 26 treatments, if known, including the date of the medical treatment, the diagnosis, 27 and the name and title of the treatment provider; 28 (5) For a dog obtained from a breeder or dealer: (i) the state in which the breeder, 29 and if applicable, the dealer are located; (ii) the U.S. Department of Agriculture 30 license number of the breeder and, if applicable, the dealer; (iii) the dealer; the 31 final inspection reports for the breeder and, if applicable, the dealer, issued by 32 the U.S. Department of Agriculture from the two years immediately before the 33 date the pet store received the dog; and (iv) the facility where the dog was born 34 and the transporter or carrier of the dog, if any; 35 (6) Fora dog obtained from a public animal shelter, the name of the shelter; and 36 (7) For a dog obtained from a private animal shelter or humane society, the name 37 of the shelter or organization and the locality in which it is located. 38 (c) Any pet shop that sells dogs shall maintain a copy of the written record required by 39 subsection (b) for at least two (2) years after the date of sale of the dog and shall 40 make such record available to the Office of the State Veterinarian upon reasonable 41 notice, to any bona fide prospective purchaser upon request, and to the purchaser 42 at the time of sale. Any such pet shop shall transmit the information required by 43 subdivisions (b)(5), (6), and (7) to the local animal control officer upon request. 44 (d) Any violation of this section, except for a violation of the requirement of subsection 45 (c) to make records available to the Office of the State Veterinarian or transmit 46 information to the local animal control officer, shall also constitute a prohibited 47 practice under Code of Virginia § 59.1.200 and shall be subject to the enforcement 48 provisions of the Virginia Consumer Protection Act (Code of Virginia § 59.1-196 et 49 seq.). 50 . . . . 51 Sec. 5-500. Cruelty to animals; penalty. 52 (a) Any person who: (i)overrides, overdrives, overloads, tortures, ill-treats, or abandons; 53 any animal, whether belonging to himself of another; (ii)tortures any animal, willfully 54 inflicts inhumane injury or pain not connected with bona fide scientific or medical 55 experimentation;on any animal, or cruelly or unnecessarily beats, maims, mutilates, 56 or kills any animal, whether belonging to himself or another; (ii) (iii) deprives any 57 animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) (iv) 58 sores any equine for any purpose or administers drugs or medications to alter or 59 mask such soring for the purpose of sale, show, or exhibition of any kind, unless such 60 administration of drugs or medications is within the context of a veterinary client- 61 patient relationship and solely for therapeutic purposes; (v) ropes, lassoes, or 62 otherwise obstructs or interferes with one or more legs of an equine in order to 63 intentionally cause it to trip or fall for the purpose of engagement in a rodeo, contest, 64 exhibition, entertainment or sport unless such actions are in the practice of accepted 65 animal husbandry or for the purpose of allowing veterinary care; (iv)(vi) willfully sets 66 on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; 67 (v)(vii) carries or causes to be carried by any vehicle, vessel or otherwise any animal 68 in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary 69 suffering; or (vi) (viii) causes any of the above things, or being the owner of such 70 animal permits such acts to be done by another is guilty of a class 1 misdemeanor. 71 In addition to the penalties provided in this subsection, the court may, in its discretion, 72 require any person convicted of a violation of this subsection to attend an anger 73 management or other appropriate treatment program or obtain psychiatric or 74 psychological counseling. The court may impose the costs of such a program or 75 counseling upon the person convicted. 76 (b) Nothing in this section shall be construed to prohibit the following: 77 (1) The dehorning of cattle conducted in a reasonable and customary manner; 78 (2) Authorized wildlife management activities or hunting, fishing or trapping as 79 regulated by the Code of Virginia; or 80 (3) To farming activities as provided by the Code of Virginia or regulations adopted 81 thereunder. 82 (c) It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining 83 the hide, fur or pelt of the dog or cat. A first-time violation of this subsection is a class 84 1 misdemeanor 85 (d) Any person convicted of violating this section may be prohibited by the court from 86 possession or ownership of companion animals. 87 Sec. 5-501. Adequate space for animals; time restriction on tethering dogs animals. 88 (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate 89 space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn 90 about, and make all other normal body movements in a comfortable, normal position 91 for the animal and (ii) interact safely with other animals in the enclosure. 92 (b) When a dog an animal is tethered, "adequate space" means a tether that permits the 93 above actions and is appropriate to the age and size of the dog animal. The tether 94 must be attached to the dog animal by a properly applied collar, halter, or harness 95 configured so as to protect the deg animal from injury and prevent the dog animal or 96 the tether from becoming entangled with other objects or dogs animals, or from 97 extending over an object or edge that could result in the strangulation or injury of the 98 dog animal. Furthermore, the tether must be at least fifteen (15)feet in length, or four 99 (4) times the length of the dog animal, as measured from the tip of its nose to the 100 base of its tail, whichever is greater, except when the deb animal is being walked on 101 a leash or is attached by a tether to a lead line or when an animal control officer, 102 having inspected an animal's individual circumstances, has determined that in such 103 an individual case, a tether of at least ten (10)feet or three (3) times the length of the 104 animal, but shorter than fifteen (15) feet or four (4) times the length of the animal, 105 makes the animal more safe, more suited, and better equipped to tolerate its 106 environment than a longer tether. The tether shall not, by its material, size, or weight 107 or any other characteristic, cause injury or pain to the animal; shall not weigh more 108 than one-tenth of the animal's body weight; and shall not have weights or other heavy 109 objects attached to it. The walking of an animal on a leash by its owner shall not 110 constitute the tethering of the animal for the purpose of this definition. When freedom 111 of movement would endanger the dog animal, temporarily and appropriately 112 restricting movement of the deg animal according to professionally accepted 113 standards is considered to be provision of adequate space. The provisions of this 114 definition that relate to tethering shall not apply to agricultural animals. 115 (c) It shall be unlawful for any dog to be tethered for more than one (1) hour, cumulatively 116 in any twenty-four-hour period. 117 . . . . 118 Sec. 5-520. Defi;Tti-o-ns, as used in this division. Dangerous dogs; investigation, 119 summons and hearing. 120 (a) As used in this section, "dog" includes a hybrid canine which is any animal that is or 121 can be demonstrated to be a hybrid of the domestic dog and any other species of the 122 Canidae family; that at any time has been permitted, registered, licensed, or 123 advertised as such; or that at any time has been described, represented, or reported 124 as such by its owner to a licensed veterinarian, law-enforcement officer, animal 125 control officer, humane investigator, official of the Department of Health; or State 126 Veterinarian's representative: 127 (b) Any law-enforcement officer or animal control officer who (i) has reason to believe 128 that an animal is a dangerous dog and (ii) is located in the jurisdiction where the 129 animal resides or in the jurisdiction where the act was committed may apply to a 130 magistrate for the issuance of a summons requiring the owner, if known, to appear 131 before a general district court at a specified time. The summons shall advise the 132 owner of the nature ofthe proceeding and the matters at issue. 133 (c) No law-enforcement officer or animal control officer shall apply for a summons 134 pursuant to subsection (b) if, upon investigation, the officer finds (i) in the case of an 135 injury to a companion animal that is a dog or cat, that no serious injury has occurred 136 as a result of the attack or bite, that both animals are owned by the same person, or 137 that the incident originated on the property of the attacking or biting dog's owner or 138 (ii) in the case of an injury to a person,that the-injury caused by the dog upon the 139 person consists solely of a single nip or bite resulting only in a scratch, abrasion, or 140 other minor injury. In determining whether serious injury to a companion animal that 141 is a dog or cat has occurred, the officer may consult with a licensed veterinarian. 142 (d) A law-enforcement officer or animal control officer who applies fora summons 143 pursuant to subsection (b) shall provide the owner with written notice of such 144 application. For thirty (30) days following such provision of written notice, the owner 145 shall not dispose of the animal other than by surrender to the animal control officer 146 or by euthanasia by a licensed veterinarian. Following such provision of written 147 notice, an owner who elects to euthanize a dog that is the subject of a dangerous 148 dog investigation shall provide documentation of such euthanasia to the animal 149 control officer. 150 (e) If a law-enforcement officer successfully makes an application for the issuance of a 151 summons pursuant to subsection (b), he shall contact the local animal control officer 152 and inform him of the location of the dog and the relevant facts pertaining to his belief 153 that the dog is dangerous 154 Lf Following the issuance of a summons following an application pursuant to subsection 155 (b), an animal control officer may confine the animal until the evidence is heard and 156 a verdict rendered If the animal control officer determines that the owner can confine 157 the animal in a manner that protects the public safety, he may permit the owner to 158 confine the animal until the evidence is heard and a verdict rendered. Upon being 159 served with a summons for a dangerous dog, the owner shall not dispose of the 160 animal, other than by euthanasia, until the case has been adjudicated. The court, 161 through its contempt powers, may compel the owner of the animal to produce the 162 animal and to provide documentation that it has been, or will be within three business 163 days, implanted with electronic identification registered to the owner. The owner shall 164 provide the registration information to the animal control officer. 165 (g) Nothing in this section shall prohibit an animal control officer or law-enforcement 166 officer from securing a summons for a hearing to determine whether a dog that is 167 surrendered but not euthanized is a dangerous dog. 168 (h) Unless good cause is determined by the court, the evidentiary hearing pursuant to 169 the dangerous dog summons shall be held not more than thirty (30) days from the 170 issuance of the summons. The procedure for appeal and trial shall be the same as 171 provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 172 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the Code of Virginia. The 173 Commonwealth shall be required to prove its case beyond a reasonable doubt. The 174 court shall determine that the animal is a dangerous dog if the evidence shows that 175 it (i) killed a companion animal that is a dog or cat or inflicted serious injury on a 176 companion animal that is a dog or cat, including a serious impairment of health or 177 bodily function that requires significant medical attention, a serious disfigurement, 178 any injury that has a reasonable potential to cause death, or any injury other than a 179 sprain or strain or (ii) directly caused serious injury to a person, including laceration, 180 broken bone, or substantial puncture of skin by teeth. Unless good cause is 181 determined by the court, the appeal of a dangerous dog finding shall be heard within 182 thirty (30) days. 183 If after hearing the evidence the court finds that the animal is a dangerous dog, the 184 court: 185 (1) Shall order the animal's owner to comply with the provisions of this section and 186 Code of Virginia §§ 3.2-6540.01, 3.2-6542, and 3.2-6542.1 and City Code §§ 5- 187 521 and 5-522; 188 (2) May order the owner of the animal to pay restitution for actual damages to any 189 person injured by the animal or whose companion animal was injured or killed by 190 the animal. Such order shall not preclude the injured person from pursuing civil 191 remedies, including damages that accrue after the original finding that the animal 192 is a dangerous dog; and 193 (3) May order the owner to pay all reasonable expenses incurred in caring and 194 providing for such dangerous dog from the time the animal is taken into custody 195 until such time as the animal is disposed of or returned to the owner. 196 j If after hearing the evidence the court decides to defer further proceedings without 197 entering an adjudication that the animal is a dangerous dog, it may do so, 198 notwithstanding any other provision of this section. A court that defers further 199 proceedings shall place specific conditions upon the owner of the dog, including the 200 requirement that the owner provide documentation that the dog has been, or will be 201 within three (3) business days, implanted with electronic identification registered to 202 the owner. Registration information shall be provided to the animal control officer. If 203 the owner violates any of the conditions, the court may enter an adjudication that the 204 animal is a dangerous dog and proceed as otherwise provided in this section. Upon 205 fulfillment of the conditions, the court shall dismiss the proceedings against the 206 animal and the owner without an adjudication that the animal is a dangerous dog. 207 (k) No animal shall be found by the court to be a dangerous dog: 208 (1) Solely because it is a particular breed; 209 (2) If the threat, injury, or damage was sustained by a person who was (i) committing 210 at the time a crime upon the premises occupied by the animal's owner; (ii) 211 committing at the time a willful trespass upon the premises occupied by the 212 animal's owner; or (iii) provoking, tormenting, or physically abusing the animal or 213 can be shown to have repeatedly provoked, tormented, abused, or assaulted the 214 animal at other times; 215 a) If the animal is a police dog that was engaged in the performance of its duties as 216 such at the time of the act complained of; 217 If at the time of the acts complained of the animal was responding to pain or injury 218 or was protecting itself, its kennel, its offspring, a person, or its owner's property; 219 As a result of killing or inflicting serious injury on a dog or cat while engaged with 220 its owner as part of lawful hunting or participating in an organized, lawful dog 221 handling event; or 222 n If the court determines based on the totality of the evidence before it, or for other 223 good cause, that the dog is not dangerous or a threat to the community. 224 f If the owner of an animal found to be a dangerous dog is a minor, the custodial parent 225 or legal guardian shall be responsible for complying with all requirements of this 226 section and Code of Virginia §§ 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, 3.2- 227 6540.04, 3.2-6542, and 3.2-6542.1 and City Code §§ 5-521, 5-522, 5-523, and 5- 228 524. 229 (a) "Dangerous dog" means: 230 , 231 232 or cat. A canine or canine crossbreed is not a dangerous dog if, upon 233 , 234 235 ; 236 same person; or (iii) such attack occurred on the property of the attacking or 237 biting dog's owner er custodian; or 238 , 239 person. A canine or canine crossbreed is not a dangerous dog if, upon 240 investigation, a law-enforcement officer or animal control officer finds that the 241 ,I 242 of-a-s+nle nip-or-bit}e-resin ' n nr n h r minor iniur,, 243 r inflicting 244 245 246 , 247 t to the community. 248 " 249 inflicted serious injury to a person, serious disfigurement, serious impairment of 250 health, or serious impairment of a bodily function; or (iii) continued to exhibit the 251 &t s co irF nr nn nr before li ily 'I manna 252 , 253 provided that its owner has been given notice of that finding 254 " 255 injury other than a sprain or strain, including serious disfigurement, serious 256 impairment of health, or serious impairment of bodily function and requiring 257 significant medical attention, 258 Sec. 5-521. Enforcement proced„res-Dangerous dogs. Obligations of officer and 259 owner following dangerous dog finding. 260 (a) After an animal is found to be a dangerous dog pursuant to Code of Virginia § 3.2- 261 6540 and City Code § 5-520, the local animal control officer shall provide the owner 262 with a uniformly designed tag that identifies the animal as a dangerous dog. The 263 owner shall affix the tag to the animal's collar and ensure that the animal wears the 264 collar and tag at all times. 265 (b) Within thirty (30) days of the finding that an animal is a dangerous dog pursuant to 266 Code of Virginia § 3.2-6540 and City Code § 5-520, the owner shall: 267 (1) Provide documentation that the animal has been neutered or spayed; 268 (2) Provide documentation that the animal has been implanted with electronic 269 identification registered to the owner. The registration information shall be 270 provided to the animal control officer; 271 (3) Present satisfactory evidence to the animal control officer of liability insurance 272 coverage, to the value of at least $100,000, that covers animal bites. The owner 273 may obtain and maintain a bond in surety to the value of at least $100,000 in lieu 274 of liability insurance; 275 (4) Pay to the City a fee of$150 and under the direction of the animal control officer 276 complete a dangerous dog registration certificate issued by the Virginia 277 Department of Agricultural and Consumer Services pursuant to Code of Virginia 278 § 3.2-6542. No dangerous dog registration certificate required to be obtained 279 under this section shall be issued to any person younger than eighteen (18)years 280 of age; and 281 (5) Post the residence where the animal is housed with clearly visible signs warning 282 both minors and adults of the presence of a dangerous dog on the property. Such 283 signs shall remain posted at all points of entry to the home and yard as long as 284 the animal remains on the property. 285 (c) Any dangerous dog not confined inside a locked enclosure constructed pursuant to 286 subsection (d) shall be (i) confined inside the owner's residence or (ii) if outdoors, 287 controlled by a physical leash employed by the responsible adult owner and securely 288 muzzled in a manner that does not cause injury to the animal or interfere with the 289 animal's vision or respiration but prevents it from biting a person or another animal. 290 (d) Any owner of a dangerous dog who keeps the dog outdoors and not within the 291 immediate physical presence of its owner shall, within thirty (30) days of the finding 292 that an animal is a dangerous dog, cause to be constructed a secure, locked 293 enclosure of sufficient height and design to prevent escape by the animal or entry by 294 or direct physical contact with any person or other animal. While so confined within 295 the structure, the animal shall be provided for according to Code of Virginia § 3.2- 296 6503. 297 (e) The owner of a dog found to be dangerous shall cause the local animal control officer 298 to be promptly notified of (i) any change in the manner of locating the owner or the 299 dog at any time; (ii) any transfer of ownership of the dog to a new owner, including 300 the name and address of the new owner; (iii) any instance in which the animal is 301 loose or unconfined; (iv) any complaint or incident of attack or bite by the dog upon 302 any person or cat or dog; (v) any claim made or lawsuit brought as a result of any 303 attack; and (vi) the escape, loss, or death of the dog. 304 (f) Unless for good cause shown, the owner of a dangerous dog shall notify the animal 305 control officer at least ten (10) days prior to moving or relocating the animal, and the 306 officer shall update the dangerous dog registry accordingly. 307 (g) Any dangerous dog not reclaimed by the owner from the animal control officer within 308 ten (10) days of notice to do so by such animal control officer shall be considered 309 abandoned and may be disposed of according to the provisions of Code of Virginia 310 § 3.2-6546. 311 (h) Any contract or agreement for the use of real property, including a recorded restrictive 312 covenant, condominium instrument of a condominium created pursuant to the 313 Virginia Condominium Act (Code of Virginia § 55.1-1900 et seq.), declaration of a 314 common interest community as defined in Code of Virginia § 54.1-2345, or 315 cooperative instrument of a cooperative created pursuant to the Virginia Real Estate 316 Cooperative Act (Code of Virginia § 55.1-2100 et seq.), may prohibit the keeping of 317 a dangerous dog or otherwise impose conditions that are more restrictive than those 318 provided in subsection (b). 319 (i) The owner of a dog found to be dangerous shall maintain the liability insurance 320 coverage or bond in surety required by subdivision (b)(3) as long as he owns the 321 dangerous dog and shall submit a certificate of insurance or evidence of such bond 322 to the animal control officer on an annual basis. 323 324 a--canine or canine crossbreed with -the cityis a darngerrous dog may apply to a 325 , 326 327 328 329 , 330 location of the dog and the relevant facts pertaining to his belief that the dog is 331 dangerous. 332 333 334 , 335 336 , 337 , 338 5-525, or 5-526, the animal control officer shall confine the dangerous deg until such 339 , 340 contempt powers, may compel the owner, custodian or harborer of the animal to 341 342 , 343 ith the provisions of this section. The 344 court, upon finding the animal to be a dangerous dog, may order the owner, 345 , 346 347 , 348 349 350 351 misdemeanors. Trial by jury shall be as provided in the Code of Virginia, Article 4 (§ 352 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required 353 354 Sec. 5 ,522. Excer Ts to enfiforcement proc --Da-r ger�rvus-clogs. 355 356 it is a partic�breed, nor is + ownership „f a pr rtirlar breed of canine or canine 357 crossbreed prohibited. No animal shall be found to be a dangerous dog if the threat, injury 358 , 359 360 361 , 362 repeatedly provoked, tormented, aied, or assaul+ G-a i t-other times 363 364 acts complained--of,Ahall be fo„n _ dog Ne animal that at tshe iime 365 the acts complained of, was responding to pain or injury, or was protecting itself, its 366 ' 367 a dangerous dog. 368 Sec.-5-523 When clog owner is a minor Dangerous dogs. 369 , 370 371 Sec. 5-524 5-522. R, egis s Renewal of Ddangerous dogs 372 registration. 373 (a) 374 , 375 . 376 377 378 ' 379 wears the collar and tag at al.l By January 31 of each year, until such time as 380 the dangerous dog is deceased, the owner of an animal found to be a dangerous dog 381 pursuant to Code of Virginia § 3.2-6540 or City Code § 5-520 shall update and renew 382 the dangerous dog registration certificate all certn;Gates wined pursuant to 383 subsection shall be undated and ren wed for a fee of eighty-five dollars ($85.00) as 384 provided by Code of Virginia § 3.2-6542.1 and in the same manner as the initial 385 certificate was obtained. The animal control officer shall post registration information 386 onrthe Virginia Dangerous Dog Registry. However, if the dangerous dog adjudication 387 occurred within sixty (60) days of the end of the calendar year, the first renewal shall 388 be included in the initial registration at no additional charge to the owner. 389 (b) Prior to the renewal date of a dangerous dog registration each year, a local animal 390 control officer shall conduct an inspection of the dangerous dog and the premises on 391 which it is kept, and no certificate of renewal shall be issued without such inspection. 392 The animal control officer shall post registration information on the Virginia 393 Dangerous Dog Registry established by Code of Virginia § 3.2-6542. All dangerous 394 395 ;tit n shall only be s ed to n ns !eighteen 'I8) years of age a no n er 396 present satisfactory evidence: (i) of the animal's`v current rabies vaccination, if 397 ; 398 is and will be confined in n proper a clos ire nr is and will be confined inside the 399 ' 400 yard until the proper enclosure is constructed. In addition, owners who apply for 401 402 renewal thereof unless they present satisfactory evidence that: (i) their residence is 403 and will continue to be posted with clearly visible signs warning both minors and 404 ; 405 406 407 persons who present satisfactory evidence that the owner has liability insuranGc 408 , 409 bites. The owner may obtain and maintain a bond in surety, in lieu of liability 410 insurance, to the value of at least one hundred thousand dollars ($100,000.00). 411 (c) No dangerous dog registration certificate required to be obtained under this section 412 shall be issued to any person who is younger than eighteen (18) years of age or who 413 fails to present satisfactory evidence of(i) compliance with the provisions of Code of 414 Virginia §§3.2-6540, 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, and 3.2-6540.04 or City 415 Code §§ 5-520, 5-521, 5-523, and 5-524; (ii) the animal's current rabies vaccination, 416 if applicable; and (iii) a current city dog license. The owner shall cause the Bureau of 417 Animal Control to be promptly notified of: (i) the names, addre.ses, and telephone 418 419 ; 420Gr-Gat-e-r-de-g (i-v)-an-y-Grairns-m-ad-e-O-r--1-awsuits-b-reught-as-a-result--of-any-attac-k (v) ; 421 chip identification information; („i) proof of ins franc rety bond; and (vii) the 422 death of the dog. 423 , 424 425 , 426 the purpose of paying the expenses of training courses required under Code of 427 Virginia--§-3.2 6556. 428 429 , 430 nd 431 432 animals. While so confined within the structure, the animal-sh 433 to Code of Virginia § 3.2 6503. When-off-its owner's property, an animal found to be a 434 435 ' 436 it from biting person or another animal 437 Sec. 5 5 6 DartgeroEFs- og atu-s ificatio irements7 5-523. Notice of 438 dangerous dog finding; penalty. 439 (a) Any public animal shelter or private animal shelter, human society, animal welfare 440 organization, society for the prevention of cruelty to animals, or other similar entity or 441 home-based rescue that releases companion animals for adoption that transfers or 442 releases for adoption within the Commonwealth an animal found to be a dangerous 443 dog pursuant Code of Virginia to § 3.2-6540 or City Code § 5-520 shall notify in 444 writing the receiving party of the requirements of this section and Code of Virginia §§ 445 3.2-6540, 3.2-6540.01, 3.2-6540.03, and 3.2-6540.04 or City Code §§ 5-520, 5-521, 446 and 5-524. 447 (b) Any releasing agency transferring or releasing for adoption outside the 448 Commonwealth an animal found to be a dangerous dog pursuant to Code of Virginia 449 § 3.2-6540 or City Code §.5-520 shall notify the appropriate animal control officer in 450 the receiving jurisdiction that the animal has been so adjudicated. 451 (c) Any owner ofan animal found to be a dangerous dog in another state shall, upon 452 bringing such animal to reside within the City, notify the animal control officer of the 453 jurisdiction in which the owner resides that the animal has been so adjudicated. 454 (d) Any owner who disposes by surrender to a releasing agency, gift, sale, transfer, or 455 trade of an animal found to be a dangerous dog pursuant to Code of Virginia § 3.2- 456 6540 or City Code § 5-520 shall notify the receiver in writing that the animal has been 457 so adjudicated. A violation of this subsection is a Class 3 misdemeanor. 458 ' 459 , 460the-a-n-i-nia14-(-0-s-I0Gse-e-r-u-n-oe-nfinede-r-(-i-i)-bites-a-pecson-or-atta-oks-anothe-r-an-i-mal,,Of 461 462 463 464 the new address tine animal has been moved. 465 Sec. 5-527 5-524. First offense and subsequent offense Ppenalty—Dangerous 466 dogs. 467 (a) If an owner of an animal previously,found to be a dangerous dog pursuant to Code 468 of Virginia § 3.2-6540 or City Code § 5-520 is charged with a violation of§ 3.2-6540, 469 3.2-6540.01, 3.2-6540.02, or 3.2-6540.04 or City Code § 5-520, 5-521, 5-523, or 5- 470 524(d) the animal control officer shall confine the dangerous dog until such time as 471 evidence shall be heard and a verdict rendered pursuant to Code of Virginia § 3.2- 472 6540 or City Code § 5-520. Unless good cause is determined by the court, such 473 evidentiary hearing shall be held within thirty (30) days of the issuance of the 474 summons. The court, through its contempt powers, may compel the owner of the 475 animal to produce the animal. The owner„f an„ animal that has .bbeen found to 476 dangerous dog who willfully fails to comply with the requirements of this division is 477 gilt„ „f a Glass 1 m+sd em anoc 478 479 a: 480 481 , 482 , 483 co ; 484 485 dangerous , 486 separate and- istinct-inpiaent,bites a h„man h s a hi Oman boeing 487 488 (c)� Upon conviction, the court may (i) order the dangerous dog to be disposed of 489 pursuant to Code of Virginia § 3.2-6562 or (ii) grant the owner up to thirty (30) days 490 to comply with the requirements of Code of Virginia § 3.2-6540.01 or City Code § 5- 491 521 this section, during which time the dangerous dog shall remain in the custody of 492 the animal control officer until compliance has been verified. If the owner fails to 493 achieve compliance within the time specified by the court, the court shall order the 494 dangerous dog to be disposed of pursuant to Code of Virginia § 3.2-6562. The court, 495 in its discretion, may order the owner to pay all reasonable expenses incurred in 496 caring and providing for such dangerous dog from the time the animal is taken into 497 custody until such time that the animal is disposed of or returned to the owner. 498 (c) Any owner of a dangerous dog who is charged with a violation pursuant to subsection 499 (a) and is found to have willfully failed to comply with the requirements of Code of 500 Virginia § 3.2-6540, 3.2-6540.01, 3.2-6540.02, or 3.2-6540.04 or City Code § 5-520, 501 5-521, 5-523, or 5-524(d) is guilty of a Class 1 misdemeanor. The court may 502 determine that a person convicted under this subsection shall be prohibited from 503 owning, possessing, or residing on the same property with a dog. 504 (d) Any owner of an animal found to be a dangerous dog pursuant to Code of Virginia § 505 3.2-6540 or City Code§ 5-520, when such finding arose out of a separate and distinct 506 incident, is guilty of a: 507 (1) Class 2 misdemeanor if such dog attacks and injures or kills a cat or doq that is 508 a companion animal belonging to another person; or 509 (2) Class 1 misdemeanor if such dog bites a human being or attacks a human being 510 causing bodily injury. 511 (e) The provisions of subsection (d) shall not apply to any animal that at the time of the 512 act complained of, was responding to pain or injury, was protecting itself, its kennel, 513 its offspring, a person, or its owner's property, or was a police dog engaged in the 514 performance of its duties at the time of the attack. 515 (f) The court may determine that a person convicted under this section shall be 516 prohibited from owning, possession, or residing on the same property with a dog. 517 Sec. 5-528. ...• �. 5-525. Vicious dogs; 518 penalties. 519 (a) Any law-enforcement officer or animal control officer who has reason to believe that 520 a canine or canine crossbreed is a vicious dog and is located in the jurisdiction where 521 the vicious dog resides or in the jurisdiction where a vicious dog committed an act 522 set forth Code of Virginia § 3.2-6540.1 in the definition shall apply to a magistrate for 523 the issuance of a summons requiring the owner or custodian, if known, to appear 524 before a general district court at a specified time. The summons shall advise the 525 owner of the nature of the proceeding and the matters at issue. If a law-enforcement 526 officer successfully makes an application for the issuance of a summons, he shall 527 contact the local animal control officer and inform him of the location of the dog and 528 the relevant facts pertaining to his belief that the dog is vicious. 529 (b) The animal control officer shall confine the animal until such time as evidence shall 530 be heard and a verdict rendered. Unless good cause is determined by the court, the 531 evidentiary hearing shall be held not more than thirty (30) days from the issuance of 532 the summons. The court, through its contempt powers, may compel the owner, 533 custodian, or harborer of the animal to produce the animal. 534 (c) If, after hearing the evidence, the court finds that the animal is a vicious dog, the 535 court shall order the animal euthanized in accordance with the provisions of Code of 536 Virginia § 3.2-6562. The court, upon finding the animal to be a vicious dog, may order 537 the owner, custodian, or harborer thereof to pay restitution for actual damages to any 538 person injured by the animal or to the estate of any person killed by the animal. The 539 court, in its discretion, may also order the owner to pay all reasonable expenses 540 incurred in caring and providing for such vicious dog from the time the animal is taken 541 into custody until such time as the animal is disposed of. The procedure for appeal 542 and trial shall be the same as provided by law for misdemeanors, except that unless 543 good cause is determined by the court, an appeal shall be heard within thirty (30) 544 days. Trial by jury shall be as provided in Code of Virginia, Article 4 (§ 19.2-260 et 545 seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its 546 case beyond a reasonable doubt. 547 Sec. 5-529 5-526. Exceptions to enforcement procedures—Vicious dogs. 548 No canine or canine crossbreed shall be found to be a vicious dog solely because it 549 is a particular breed, nor is the ownership of a particular breed of canine or canine 550 crossbreed prohibited. No animal shall be found to be a vicious dog if the threat, injury, 551 or damage was sustained by a person who was (i) committing, at the time, a crime upon 552 the premises occupied by the animal's owner or custodian; or (ii) committing, at the time, 553 a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) 554 provoking, tormenting, or physically abusing the animal, or can be shown to have 555 repeatedly provoked, tormented, abused or assaulted the animal at other times. No police 556 dog that was engaged in the performance of its duties as such at the time of the acts 557 complained of shall be found to be a vicious dog. No animal that, at the time of the acts 558 complained of, was responding to pain or injury or was protecting itself, its kennel, its 559 offspring, a person, or its owner's or custodian's property, shall be found to be a vicious 560 dog. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROV AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ek: Cap Police epartment City Attorn s Office R-5 August 15, 2023 S��f iki" n I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add Student Members to the Open Space Advisory Committee MEETING DATE: September 5, 2023 • Background: The City Council established the Open Space Advisory Committee ("OSAC") on May 15, 2001 to advise the City Council. During their June 26, 2023 meeting, the OSAC unanimously approved a motion requesting that the City Council add to the Committee's current membership two high school students—a junior and a senior—as nonvoting members, with each appointed to one-year terms. Providing students who have a demonstrated interest in the City's open space program with the opportunity to serve on the OSAC would benefit the City, the OSAC, and the students. • Considerations: This resolution provides that the membership of the Commission shall include two high school students—one junior and one senior—as voting members, with each appointed to a one-year term, provided, however, that the initial appointees shall serve until June 30, 2024, and subsequent appointments shall be made on a fiscal-year basis, beginning July 1st and ending June 30th of the following year. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by the City Council REQUESTED BY THE CITY COUNCIL A RESOLUTION TO ADD STUDENT MEMBERS TO THE OPEN SPACE ADVISORY COMMITTEE 1 WHEREAS, on February 13, 2001, the City Council adopted a resolution to 2 accept the Virginia Beach Outdoors Plan 2000 Update as a guidance document for 3 open space and recreational planning; 4 5 WHEREAS, one of the Plan's recommendations was the creation of a citizen 6 advisory committee, and on May 15, 2001, the City Council adopted an ordinance 7 establishing the public body that since 2016 has been known as the Open Space 8 Advisory Committee ("OSAC"); 9 10 WHEREAS, the committee currently consists of eleven members, but during their 11 June 26, 2023, meeting, the OSAC voted unanimously to request that the City Council 12 amend the OSAC membership to add two high school students as non-voting members; 13 14 WHEREAS, providing students who have a demonstrated interest in promoting 15 the City's open space program with the opportunity to serve on the OSAC would benefit 16 the City, the OSAC, and the students. 17 18 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA THAT: 20 21 In addition to its current membership, the OSAC shall include two high school 22 students—one junior and one senior—as nonvoting members, with each appointed to a 23 one-year term, provided, however, that the initial appointees shall serve until June 30, 24 2024, and subsequent appointments shall be made on a fiscal-year basis, beginning 25 July 1st and ending June 30th of the following year. A student member appointed as a 26 high school junior may be reappointed by the City Council for an additional term. A 27 quorum of the membership of the OSAC shall continue to be determined based solely 28 on the number of voting members present (and thus will not include the student 29 members). Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16286 R-1 August 22, 2023 �Hw '� �c�G7 .t- r' 4 s� 441_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use Disorder Services, to Accept and Appropriate State Funds, and to Transfer Funds MEETING DATE: September 5, 2023 • Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for mental health, developmental, and substance use disorder services through a performance contract with local Community Services Boards (CSBs) and Behavioral Health Authorities. This contract specifies the services to be provided by the CSB, the costs of those services, all revenues used to support the services, lists all state and federal statutory and regulatory requirements applicable to the CSB, and contains outcome and performance measures for the CSB. Under the provisions of Virginia Code § 37.2- 509(A)(5), DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. In addition, this action will reallocate funding previously budgeted for the Pathways program to Peer Supported Drop-in Center and Substance Use Intensive Outpatient Services, which will be operated from the same facility. These two programs replace the Pathways program, but the programs support the same purpose — alternative addiction strategies. Per the Performance Contract, an additional $1 ,085,616 must be accepted and appropriated by the City Council. These funds will support a variety of programs including Administration, Case Management, and Permanent Supportive Housing. • Considerations: The annual performance contract provides a substantial amount of funding needed to maintain important CSB services. The funding sources that support the $71,814,121 contract consist of: o $25,047,272 in total fee revenue, o $25,290,409 in local matching funds from the City, o $16,301,909 in revenue from the Commonwealth, o $2,864,190 in federal revenue, o $1,887,533 in revenue from other sources, and o $422,808 of regional state funding paid directly to vendors on behalf of the Virginia Beach CSB. The FY 2024-25 Performance Contract was approved by the Virginia Beach CSB at its board meeting on August 17, 2023. • Public Information: This item will be advertised as part of the regular Council Agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. The 30-day window expired on August 7, 2023. • Attachments: Resolution; Exhibit A (Performance Contract Summary) Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDER 4 SERVICES, TO ACCEPT AND APPROPRIATE STATE 5 FUNDS, AND TO TRANSFER FUNDS 6 7 WHEREAS, the Virginia Department of Behavioral Health and Developmental 8 Services provides funding for mental health, developmental, and substance use disorder 9 services through a performance contract with local community services boards; 10 11 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 12 Virginia mandated minimum local match share for these services; and 13 14 WHEREAS, the Virginia Beach Community Service Board, at its August 17, 2023 15 meeting, approved the FY 2024 Performance Contract between the Virginia Beach 16 Community Service Board and the Commonwealth of Virginia. 17 18 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA THAT: 20 21 1. The City Council of Virginia Beach hereby approves the Fiscal Year 2024 22 Performance Contract with the Commonwealth of Virginia for a period concluding 23 June 30, 2024, a summary of which is attached as Exhibit A. 24 25 2. In accordance with the Performance Contract, $1,085,616 is hereby accepted from 26 the Virginia Department of Behavioral Health and Developmental Services and 27 appropriated, with revenues increased accordingly, to the FY2023-24 Operating 28 Budget of the Department of Human Services. 29 30 3. $2,717,811 is hereby transferred within the FY2023-24 Operating Budget of Human 31 Services to re-align funding previously allocated for the Pathways Program, in 32 accordance with the Performance Contract. 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services City neyffice CA16285 R-1 August 15, 2023 FY2024 Community Services Performance Contract FY 2024 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget (Pages AF-3 through AF-12) Funding Sources Mental Health ;Developmental;: Substance TOTAL (MH) Services! (DV) Services Use Disorder (SUD) ' Services State Funds 1,055,1581 2,259,365' 12,987,386 16,301,909 1 Local Matching Funds 12,730,508 10,971,891 1,588,010 25,290,409! Total Fees 5,421,314` 18,720,131 ' 905,827 25,047,2721 , Transfer Fees In/(Out) f 0, 0 0 Y 0; Federal Funds 418,820 0 2,445,3701 2,864,190 Other Funds ; 975,023 363,467 97,168 1,435,658 ? State Retained Earnings 201,875 0 i 0 201,875 Federal Retained Earnings 0 0 0 Other Retained Earnings 250,000 � 0� � 0 250,000 Subtotal Ongoing Funds t 32,984,926 ' 31,110,647 7,295,740, 71,391,313 State Funds One-Time , 0; 0 0 0 0 Federal-Funds One-Time - 0 0 Subtotal One-Time Funds 0 1 0' 0 0 _` TOTAL ALL FUNDS 32;984,926 31,110,647: 7,295,740 71,391,313 Cost for MH/DV/SUD Services 30,049,424 - - . ___ti ._ 30,835,503 5,176,359 66;061,286! Cost for Emergency Services(AP-4)1 4,157,805 Cost for Ancillary Services AP-4 1,595,030• Total Cost for Services 71,814,121 Local Match Computation p I CSB Administrative Percentage Total State Funds 16,301,909 1 Administrative Expenses 107180,136 Total Local Matching Funds 25,290,4091 Total Cost for Services ' 71,814,121 . . .- Total State and Local Funds 41,592,318: Admin/Total Expenses 14.18/° Total Local Match % 6-0.81 (Local/Total State+ Local Report Date 7/5/2023 AF-1 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments MH Other Federal: $47,405 from USA Fees Contmentl I -- - omment2 MH Other Funds: $34,500 from Probation and Paraole,$15.477 from EVMS Resident I comment3 Settlement,$8,200 from PSR Snack Receipts,$780 rental refunds for PSH, Comment4 and$916,066 from Jail Reentry Pathway grant fora total of$973,023. Comments 1 MH State Regional Retained Earnings: $200,000 for MH Other Merged PY funds Comment6 from HNNCSB,and$1,875 from MPNNCSB for MH First Aid Retained—Earnings for ,Comment7 :total of$201,875. Comment8 MH Other Retained earnings at$250,000 fro local carry over for Complex Care Comment9 DV Other: $323,000 from DARS,$750 in nor ear contract revenue,and$39,717 iCommentl©- P� y • Commentllbudgetp ecfiic for client s purchases as needed for total of$363,467. I Commentl2 ,Commentl3'SUD Other Federal:$300,000 anticipated grant funding for SOR Treatment, Cornment14 $127,074 anticipated grant funding for SOR Prevention,$90,244 antici atedgrant for Womens Services,$175,740 anticipated for comment'S� P grant Comment16'SOR Recovery,and$12,791 for Department of Health for HIV education lasses ornmentl7 for total of$705,829 'Cammentl8 SUD Other: $12,328 from EVMS Resident Settlement,$30,200 Fees from other Comment19,CSB's,and$54,640 for SAIP classed provided to VB Public Schools for total Comment20;of$97,168. Comment2l Comment22 Comment23 u._ ,Comment24 Comment25 Report Date 7/5/2023 AF-2 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,828,560 MH Fees:Other 592,754 Total MH Fees 5,421,314 MH Transfer Fees In/(Out) 0 Total Net MH Fees 5,421,314 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG Crisis Services(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 129,746 MH Federal COVID Emergency Grant(93.665) 0 MH Federal State&Local Fiscal Recovery Fund(21.027) 0 MH Other Federal-DBHDS 0 MR Other Federal-COVID Support 0 MH Other Federal-CSB 47,405 Total MH Federal Funds 418,820 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MN Acute Care-Transfer In/(Out) 0 Total Net MH Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP-Transfer In/(Out) 2,689 Total Net MH Regional DAP-Restricted 2,689 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 0 Total Net MH Crisis Stabilization-Restricted 0 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities-Restricted 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity-Transfer In/(Out) 302,709 Total Net MH Expanded Community Capacity-Restricted 302,709 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention-Transfer In/(Out) 11,528 Total Net MH First Aid and Suicide Prevention-Restricted 11,528 Report Date 7/5/2023 AF-3 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH STEP-VA Outpatient(Fiscal Agent) 608,975 MH STEP-VA Outpatient-Transfer In/(Out) 10,000 Total Net MH STEP-VA Outpatient-Restricted 618,975 MH STEP-VA Crisis(Fiscal Agent) 600,000 MH STEP-VA Crisis-Transfer In/(Out) 632,500 Total Net MH STEP-VA Crisis-Restricted 1,232,500 MH STEP-VA Clinician's Crisis Dispatch(Fiscal Agent) 0 MH STEP-VA Clinician's Crisis Dispatch-Transfer In/(Out) 0 Total Net MH STEP-VA Clinician's Crisis Dispatch-Restricted 0 MH STEP-VA Peer Support(Fiscal Agent) 142,482 MH STEP-VA Peer Support-Transfer In/(Out) 2,222 Total Net MH STEP-VA Peer Support-Restricted 144,704 MH STEP-VA Veterans Services(Fiscal Agent) 102,108 MH STEP-VA Veterans Services-Transfer In/(Out) 0 Total Net MH STEP-VA Veterans Services-Restricted 102,108 MH Step-VA Regional Management(Fiscal Agent) 0 MH Step-VA Regional Management-Transfer In/(Out) 0 Total Net MH STEP-VA Regional Management-Restricted 0 MH Forensic Discharge Planning(Fiscal Agent) 252,830 MH Forensic Discharge Planning-Transfer In/(Out) 0 Total Net MH Forensic Discharge Planning-Restricted 252,830 MH Permanent Supportive Housing(Fiscal Agent) 2,507,672 MH Permanent Supportive Housing-Transfer in/(Out) 0 Total Net MH Permanent Supportive Housing-Restricted 2,507,672 MH CIT-Assessment Sites 348,668 M H CIT-Assessment Sites-Transfer In/(Out) 0 Total Net MH CIT-Assessment Sites-Restricted 348,668 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH State Regional Deaf Services(Fiscal Agent) 0 MH Total Regional-Transfer In/(Out) 0 Total Net MH Unrestricted Regional State Funds 1468 833 Total Net MH Regional State Funds 6,993,216 Children State Funds MH Child&Adolescent Services Initiative-Restricted 338,661 MH Children's Outpatient Services-Restricted 75,000 MH Juvenile Detention-Restricted 111,724 Total MH Restricted Children's Funds 525,385 MH State Children's Services 25,000 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry-Transfer In/(Out) 144,369 Total Net MH Crisis Response&Child Psychiatry-Restricted 144,369 Total State MH Children's Funds(Restricted for Children) 694,754 Report Dote 7/5/2023 AF-4 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds MH Law Reform -Restricted 397,790 MH Pharmacy-Medication Supports-Restricted 29,949 MH Jail Diversion Services-Restricted 241,670 MH Rural Jail Diversion-Restricted 0 MH Docket Pilot JMHCP Match-Restricted 0 MH Adult Outpatient Competency Restoration Services-Restricted 0 MH Expand Telepsychiatry Capacity-Restricted 0 MH PACT-Restricted 850,000 MH PACT-Forensic Enhancement-Restricted 200,000 MH Gero-Psychiatric Services-Restricted 0 MH STEP-VA SDA,Primary Care Screening and Ancillary Services-Restricted 737,129 MH STEP-VA Psychiatric Rehabilitation Services-Restricted 95,500 MH STEP-VA Care Coordination Services-Restricted 155,304 MH STEP-VA Case Management Services-Restricted 101,962 MH STEP-VA Data Systems and Clinicians Processes-Restricted 0 MH Young Adult SMI-Restricted 0 Total MH Restricted Other State Funds 2,809,304 MH State Funds 2,490,112 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 2,490,112 Total MH Other State Funds 5,299,416 Total MH State Funds 12,987,386 OTHER FUNDS MH Other Funds 975,023 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MU State Retained Earnings-Regional Programs 201,875 MH Other Retained Earnings 250,000 Total MH Other Funds 1,426,898 LOCAL MATCHING FUNDS MH Local Government Appropriations 12,730,508 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 12 730,508 Total MH Funds 32,984,926 MH ONE-TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH FBG Young Adult SMI(93.958) 0 • MH FBG Geriatrics(93.958) 0 Report Date 7/5/2023 AF-5 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH FBG Crisis Services(93.538) 0 MH One Time Funds 0 MH One Time Restricted State Funds 0 Total MH One-Time Funds 0 TOTAL MH ALL FUNDS 32,984,926 AF-6 Report Date 7/5/2023 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Developmental(DV)Services Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 6,647,781 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 11,535,593 DV Fees:Other 536,757 Total DV Fees DV Transfer Fees In/(Out) 18,720,131 0 Total Net DV Fees 18,720,131 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-COVID Support 0 DV Other Federal-CSB p Total DV Federal Funds 0 STATE FUNDS Regional Funds DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization-Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Restricted 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children-Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Children-Restricted 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net DV Transfers from DBHDS Facilities-Restricted 0 Total Net DV Regional State Funds 0 DV Trust Fund-Restricted 0 DV Rental Subsidies-Restricted 0 DV Guardianship Funding-Restricted 0 Total DV Restricted State Funds. 0 DV State Funds 1,055,158 DV OBRA Funds 0 Total DV Unrestricted State Funds 1,055,158 Total DV State Funds 1,055,158 Report Date 7/5/2023 AF-7 FY2024 Community Services Performance Contract FY2024 Exhibit A: Resources and Services Developmental(DV)Services Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS DV Workshop Sales 0 DV Other Funds 363,467 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 363,467 LOCAL MATCHING FUNDS DV Local Government Appropriations 10,968,447 DV Philanthropic Cash Contributions 3,444 DV In-Kind Contributions 0 DV Local interest Revenue 0 Total DV Local Matching Funds 10,971,891 Total DV Funds 31,110,647 DV ONE-TIME FUNDS DV One-Time State Funds 0 DV One-Time Restricted State Funds 0 Total DV One-Time Funds 0 TOTAL DV ALL FUNDS 31,110,647 • Report Date 7/5/2023 AF-8 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 905,028 SUD Fees:Other 799 Total SLID Fees 905,827 SUD Transfer Fees In/(Out) 0 Total Net SUD Fees 905,827 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 1,250,920 SUD FBG Recovery(93.959) 0 Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 301,342 Total SUD FBG Prevention Funds 301,342 SUD Federal COVID Emergency Grant(93.665) 0 SUD Federal SBIRT Youth(93.243) 0 SUD Federal State&Local Fiscal Recovery Fund(21.027) 0 SLID Federal Oploid Response—Recovery(93.788) 0 SUD Federal Opioid Response—Treatment(93.788) 0 SUD Federal Oploid Response—Prevention(93.788) 0 Total SUD Federal Opioid Response Funds(93.788) 0 SUD Other Federal-DBHDS 0 SLID Other Federal-COVID Support 0 SUD Other Federal-CSB 705,829 Total SUD Federal Funds 2,445,370 STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SLID Facility Reinvestment-Transfer In/(Out) 0 Total Net SLID Facility Reinvestment-Restricted 0 SLID Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities-Restricted 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification-Transfer In/(Out) 0 Total Net SUD Community Detoxification-Restricted 0 SUD STEP-VA(Fiscal Agent) 0 SUD STEP-VA-Transfer In/(Out) 0 Total Net SUD STEP-VA-Restricted 0 Total Net SLID Regional State Funds 0 Report Date 7/5/2023 AF-9 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds SUD Women(includes LINK at 4 CSBs)-Restricted 1,800 SUD MAT-Medically Assisted Treatment Restricted 130,000 SUD Permanent Supportive Housing Women-Restricted 0 SUD SARPOS-Restricted 76,097 SUD Recovery-Restricted 0 Total SLID Restricted Other State Funds 207,897 SUD State Funds 1,862,145 SUD Region V Residential 131,215 SLID Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 30,892 Total SUD Unrestricted Other State Funds 2,051,468 Total SUD Other State Funds 2,259,365 Total SUD State Funds 2,259,365 OTHER FUNDS SUD Other Funds 97,168 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SLID State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SLID Other Funds 97,168 LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,588,010 SUD Philanthropic Cash Contributions 0 SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 1,588,010 Total SLID Funds 7,295,740 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 0 SLID FBG Women(includes LINK at 6 CSBs)(93.959) 0 SUD FBG Prevention(93.959). 0 SUD FBG Recovery(93.959) 0 SUD One-Time State Funds 0 SUD One-Time Restricted State Funds 0 Total SUD One-Time Funds 0 TOTAL SUD ALL FUNDS 7,295,740 Report Date 7/5/2023 AF-10 FY2024 Community Services Performance Contract FY 2024 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 25,286,965 Total Local Government Tax Funds: 25,286,965 Report Date 7/5/2023 AF-11 FY2024 Community Services Performance Contract FY2024 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 32,984,926 31,110,647 7,295,740 7I,391,313 Cost for MH,DV,SUD, 30,049,424 30,835,503 5,176,359 4,157,805 1,595,030. 71,814,121 Emergency,and Ancillary Services Difference 2,935,502 275,144 2,119,381 -4,157,805 -1,595,030 -422,808 Difference results from Other: 422,808 Explanation of Other in Table Above: Difference is amount budgeted to be paid on behalf of VB CSB by WTCSB totalling$422,808 made up by$4,675 in 100-425,$242,391.50 in 100-551,and$175,741.50 in 100-581, Report Date 7/5/2023 AF-12 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A:Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services ___ __ _ __- --_:- 45.14 FTEs 2150 $7,257,902 312 Medical Services 25 FTEs 2650 $4,889,204 �350 Assertive Community Treatment 12.93 FTEs 100 33 $2,475,7 320 Case Management Services 62.58 FTEs 1500 $7,719,881 410 Day Treatment or Partial Hospitalization 6 Slots 18 $20,263 , �425 Mental Health Rehabilitation 41 Slots 100 t Individual Supported Employment $466,479 1 3.75 FTEs 40 521 Intensive Residential Services 4 Beds 4 $240,000 551 Supervised Residential Services ,18 {'58 32 Beds 40 $916,183 1 Supportive Residential Services . _ ._- _ _796 79 16.88 FrEs 145 $4064, , ,610 Prevention Services 0.6 FTEs $91,437 1 I Totals 6,747 $30,049,424 Form 11A:Pharmacy Medication Supports Number of Consumers '803 Total Pharmacy Medication Supports Consumers 420 Report Date 7/5/2023 AP-1 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A:Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 0 Case Management Services ` 30.52 FTEs 980 $4,338,477 425 Developmental Habilitation • ___ ______ _. ____ 43 Slots 100 $4,349,179 465 Group Supported Employment 10 Slots 38 $775,046 460 Individual Supported Employment 11.8 FTEs 175 $1,064,674 501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 42 Beds 42 $13,432,025 521 Intensive Residential Services � 25 Beds 25 $3,819,770 '551 Supervised Residential Services 7 Beds 7 $1,177,342 1581 Supportive Residential Services 23.7 FTEs 55 $1,878,990 Totals 1,422 $30,835,503 Report Date 7/5/2023 AP-2 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A:Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 18.93 FTEs 350 $3,075,230 335 Medication Assisted Treatment Services 2.75 FTEs 150 $755,694 Case Management Services 1.95 FTEs 60 $453,661 '410 Day Treatment or Partial Hospitalization 4 Slots 12 ,610 Prevention Services 5.4 FTEs $784,385 Totals 572 $5,176,359 Report Date 7/5/2023 AP-3 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 00 Emergency Services _ 34.05 FTEs 3175 $4,157,805 318 Motivational Treatment Services 0.25 FTEs 27 $50,655 390 Consumer Monitoring Services 7.65 FTEs 300 $1,426,197 '720 Assessment and Evaluation Services 1.05 FTEs 500 $118,178 Totals 4,002 $5,752,835 Report Date 7/5/2023 AP-4 FY2024 And FY2025 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY2024 Table 2a: FY 2024 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $126,206.00 $195,620.00 $176,359.00 5.00 Integrated Behavioral and Primary Table 2• e gHealth Care Question s 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? El a federally qualified health center Name: El a free clinic Name: Ell a local health department,or Name: another organization { Name: 3.Where is primary health (medical)care provided? E on-site in a CSB program, on-site at the primary health care provider, or C another site--specify: 4.Where is behavioral health care provided? on-site in a CSB program, ID on-site at the primary health care provider,or Ei another site—specify: Report Date 7/5/2023 AP-5 f[ 444-6.iiry:‘,,,, - ' _ t., c: `,':.:.:;.‘2,.,- CITY CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinances Extending the Date for Satisfying the Conditions in the Matters of Closing an Improved Portion of Right-of-Way Adjacent to Properties on the South Side of 75th Street and West of Atlantic Avenue MEETING DATE: September 5, 2023 • Background: On September 15, 2020, by Ordinances ORD-3639EE & ORD-3639FF, City Council approved the request by James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation (the "Applicant"), to close approximately 1 ,275 total sq. ft. of an improved portion right-of-way (collectively, the "Right-of-Way"), adjacent to 2 residential properties located on the south side of 75th Street and west of Atlantic Avenue. • Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcel(s). The resubdivision plat or plats must be submitted and approved for recordation prior to the final street closure approval. Said plat or plats shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat or plats are not approved for recordation within one year of the City Council approval, said approval shall be null and void. On July 30, 2021, the Applicant requested additional time to, satisfy the conditions set forth in Ordinances ORD-3639EE and ORD-3639FF. Staff concluded that the request for additional time was reasonable, and City Council approved the extension until September 14, 2023 by Ordinances ORD-3674Q and ORD-3674R. The Applicant is in the process of submitting a resubdivision plat, as required by Condition 2, to the Planning Department for review. Therefore, on July 17, 2023, the Applicant requested additional time to satisfy said conditions. Staff concluded that the request for additional time is reasonable. ■ Recommendations: Allow an extension of two (2) year for satisfaction of the conditions. • Attachments: Ordinances (2) Location Map. Disclosure Statement Form List of Adjacent Property Owners Recommended Action: Approval. r Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 204A & 204B 75TH STREET AND 202 6 75TH STREET 7 8 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 9 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 10 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 11 1 ,170 sq. ft. of an improved portion of right-of-way adjacent to property located at 204A 12 & 204B 75th Street and 202 75th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3639EE) to close the 15 aforesaid portion of right-of-way, subject to certain conditions being met on or before 16 September 14, 2021 ; 17 18 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 19 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 20 September 7, 2021 (ORD-3674Q), City Council approved the extension of time until 21 September 14, 2023; and 22 23 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 24 extension of time to satisfy the conditions of the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639EE), upon application of James 31 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 35 of , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPINs: 2419-66-2825-0001, 2419-66-2825-0002 and 2419-66-2899 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: tua4 te/tagnv „et City Attorney lanning Department CA16075-1 \\vbgov corn\dfs l\a ppl icationslcitylaw\cycom 32\wpdocs\d 0251p042100901345.doc R-1 August 24, 2023 Location Map \ PI \ _ — isth Street R=5R( E ),-V �_, 5 .0‘VP ij1. d ; \n---\\ ci\ ter_y:\ -,• . 'c___ Y �I °Li- . . R R "- 1 ,��/ire (gyp r,� .r"�' , �t0 �rrii�r L. sr IQ 0:3 V.,5 r r • r�r� '- �� $tf6SC 1 �� 75th_ , 9 P-1 \ '�`"� ari••fi Rom_ kl.,s-\ - - c- \ a 0 co n _4.T , n • • _----‘ Q treat 0 U 0 0 \----1 440014g -- �, R- { E) \. R(N"E) N ® Site James T. Cromwell, Esq. .4 Property_Polygons Alleys and lanes adjacent to properties f Zoning located along 75th & 76th Streets S j Parking Lot Drive Aisle eet i 1 Building 0 2040 80 120 180 200 240 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Hall, Jr., Emory O. & Hall, Susan M. Address: 202 75th Street - ORD-3639EE, ORD-3674Q GPIN: 2419-66-2899 (Lot 4A)* Owner Name: Hall, Jr., Emory O. & Hall, Susan M. Address: 204A & 204B 75th Street - ORD-3639EE, ORD-3674Q GPINs: 2419-66-2825-0001* & 2419-66-2825-0002*; 2419-66-2825 (Lots 47, 48 & 49)* Owner Name: Blevins, Valerie G. Address: 7406 Atlantic Avenue - ORD-3639FF, ORD-3674R GPIN: 2419-66-3824 (Lot 3A)* Disclosure Statement 1/13 Virginia ffnlch APPLICANT'S NAME James T Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property i Disposition of City Modification of by City _ Property Conditions or Proffers Alternative j Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals — ._. ., Certificate of Floodplain Variance Appropriateness — ` Street Closure (Historic Review Boardl Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property 1 Subdivision Variance Board 1 Conditional Use Permit i License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE r ION a l Y USE ONLY/NI d sc;oS.a es.hut be uVdated t' 't2,:v?eas piict to imp 1 Page 1 of 7 i PIAUii riq r o11Y111Ss1W11fld cis.CuUtM.d meetittu Mat,,et!AIM so the:.1wditaucnfs). t ❑ APPLICANT WHIM)Vf MEANING DATE' i Ni CHANCES AS q OATE 1, —• --t 7j P`~Y�� f~ .�' I Q REVISIONS SUEMI19EO OAIE ; I James T. Cromwell, Esq. Agenda Items 2 &3 Page 11 Disclosure Statement 71/41/3 V Mini*Beach 112 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT a a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's ___________ _______ If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 path,if pi-overly owner is different from Appikant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here If the PROPERTY OWNER 15 a corporation, partnership, firm, business. or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 Disclosure Statement 113 Virginia Beach If a Corporation, list the names ofall officers,directors,members,trustees, etc. below: (Attach list if necessary) (B) list the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ill a controlling owner in one entity it also a controlling owner in the other entity,or fill) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101 • a SECTION 3,SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratinu or to be operated on the Property, If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 • James T. Cromwell, Esq. Agenda Items 2 &3 Page 13 Disclosure Statement V13 APPLICANT Virginia Beach YES 1 1 NO, SERVICE l PROVIDER lute additional sheets If needed) D ® Accounting and/or preparer of your tax return Architect/Landscape Architect/ u Land Planner Contract Purchaser f if other than the Aoolicantl-identify purchaser and purchaser's service providers Any other pending or proposed D E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) DConstruction Contractors .. d Engineers/Surveyors/Agents WPL Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) j E0 Legal Services Sykes,Bourdon,Ahem&Levy,P.0 Real Estate Brokers ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest In the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T. Cromwell,Esq. Agenda Items 2&3 Page 14 • Disclosure Statement Ni3 Virginia Bat CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information I provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ;Application. James T.Cromwell,Receiver 17/06/2020 JUUNT S SIGNATURE "T 'PRINT NAME BATE Page 5 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 7406 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 105 sq. ft. of an unimproved right-of-way adjacent to property located at 7406 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639FF) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021 ; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674R), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions of the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639FF), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-3824 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: lie Gt%hi v City Attorney Planning Department CA16075-2 \\vbg ov.co m\dfs l\applications\citylaw\cycom 321wpd ocs1d 0251p04 2100 9 0 1 34 3.doc R-1 August 24, 2023 Location Map ri, 1 t ■ r S /Sill5"eet R.51 (NE t nO'V c-\_, vi,sL--,c_:!,. ,.__J \ __ , \----- ---\\, 0 \ \--lo=77 ,-\ 1$th�tre 1 ,,, _ pp ww'' % 9? Y o \3 3-‘-- r.e.e-°##'vA' 1----1 ,&, V__D • vD,.\D , _ �' Stceet - o � � } i R� NE) P-1 C3,,____ 0 '. f, \, ` ‘-\____si -c---3p - o -0- 0 R= R _M:E) . 0 . t tree0 \. • . _0- ,--":7-31,3031°° st et `+ �"`-� C l. R-5R{-N E) \ ( ® Site James T. Cromwell, Esq. oit. E Property_Polygons Alleys and lanes adjacent to properties 'i►%' Zoning located along 75th & 76th Streets S n L i Parking Lot Drive Aisle —]Feet Building 0 2040 80 120 160 200 240 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Hall, Jr., Emory O. & Hall, Susan M. Address: 202 75th Street - ORD-3639EE, ORD-3674Q GPIN: 2419-66-2899 (Lot 4A)* Owner Name: Hall, Jr., Emory O. & Hall, Susan M. Address: 204A & 204B 75th Street - ORD-3639EE, ORD-3674Q GPINs: 2419-66-2825-0001* & 2419-66-2825-0002*; 2419-66-2825 (Lots 47, 48 & 49)* Owner Name: Blevins, Valerie G. Address: 7406 Atlantic Avenue - ORD-3639FF, ORD-3674R GPIN: 2419-66-3824 (Lot 3A)* BiscipsiireStatemit.nt 'NB Virginia Mich APPLICANT'S NAME James T. Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property li3isposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of i Floodplain Variance i Appropriateness - , Street Closure (Historic Review BoardLI Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement (Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE 11)It C11Y USE ONLY/Ad U1N:05::+c5 md'st Le uvifaied iiw+2.iviea5 pile:to:.ny ! Page 1 of 7 Ha nniny(mmuu5+mi end Cil.Cuuutd,e,eu+u+Yl,at y.p,lauis 10 dte:.jadi:au+:n!s). j I _ � 1 0 APPLICANT NO11111.0 VI HEARING DATE. i r0U(NANC.ES AS O1 J)ATE �f4j 3 2 REVISIONS SU6�511'ILU CAIE 1� /J James T. Cromwell, Esq. Agenda Items 2 &3 Page 11 Disclosure Statement 143 tri niaia Reach '0 Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. aCheck here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: If a CORPORATION, Ilst the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if orovert v owner if different from Arlknnt. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here If the PROPERTY OWNER f5 a corporation, partnership, firm, business. or other unincorporated organization,,JVD THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 I -- — — James T. Cromwell, Esq. Agenda Items 2 & 3 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent•subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 -Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (ill) there Is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a dose working relationship between the entities.'See State and Local Government Conflict of interests Act. Va Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject_ of the Application or any business operating or to Ile t2peraSed on the Prooertv. If the answer to any Item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 13 Disclosure Statement \B APPLICANT Vitgiuia Beach additional shoats If YES 1 NO I_. SERVICE _PROVIDER fuss 0 ® Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner • D ® Contract Purchaser(if other than the Aoolicantl-Identify purchaser and purchaser's service providers — Any other pending or proposed [K purchaser of the subject property (identify purchaser(s)and purchaser's service providers) L bil ElConstruction Contractors _ ry EiEngineers/Surveyors/Agents WPL Financing(include current 0 �j mortgage holders and lenders [El selected or being considered to provide financing for acquisition or construction of the property) EID Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ Z Agents/Realtors for current and anticipated future sales of the 1 subject property { y — 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development ra contingent on the subject public action? 1 If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 — _l lames T. Cromwell,Esq. Agenda Items 2&3 Page 14 •OPIIIPEWP. Ph),‘ AAB 'Virginia Beech CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information ;provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. James T.Cromwell,Receiver l 7/06/2020 y{OCANT'S StCNATURE PRINT NAME DATE Page 5 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 15 ( Nu 1% % r ..` �s yYY Iu �i i CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: Ordinances Extending the Date for Satisfying the Conditions in the Matters of Closing Portions of Unimproved Rights-of-Way Adjacent to Properties Along 75th and 76th Streets and West of Atlantic Avenue MEETING DATE: September 5, 2023 • Background: On September 15, 2020, by multiple Ordinances (ORD-3639E through ORD- 3639M and ORD-3639AA through ORD-3639DD), City Council approved the request by James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation (the "Applicant"), to close approximately 5,238 sq. ft. of portions of unimproved rights-of-way (collectively, the "Right-of-Way"), adjacent to 13 residential properties located along 75th and 76th Streets and west of Atlantic Avenue. • Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcel(s). The resubdivision plat or plats must be submitted and approved for recordation prior to the final street closure approval. Said plat or plats shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat or plats are not approved for recordation within one year of the City Council approval, said approval shall be null and void. On July 30, 2021, the Applicant requested additional time to satisfy the said conditions. Staff concluded that the request for additional time was reasonable, and City Council approved the extension until September 14, 2023, by Ordinances ORD-3674D through ORD-3674P. The Applicant has submitted a resubdivision plat to the Planning Department for review; however, because the closed portions of the rights-of-way will be added to the lots abutting the closed rights-of-way, the owners of each of the 13 abutting lots must sign the resubdivision plat. The Applicant is in the process of obtaining the signatures of the abutting lot owners; however, due to the number of abutting lot owners who need to sign the plat, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. Therefore, on July 17, 2023, the Applicant requested additional time to satisfy said conditions. Staff concluded that the request for additional time is reasonable. • Recommendations: Allow an extension of two (2) year for satisfaction of the conditions. • Attachments: Ordinances (13) Location Map Disclosure Statement Form List of Adjacent Property Owners Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING PORTIONS OF UNIMPROVED 4 RIGHTS-OF-WAY ADJACENT TO 203 75TH STREET 5 6 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 7 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 8 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 9 1 ,763 total sq. ft. of unimproved rights-of-way adjacent to property located at 203 75th 10 Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639K) to close the 13 aforesaid portions of rights-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674J), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639K), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPINs: 2419-66-1978, 2419-67-2076, 2419-67-1078-1840, 2419-67-1078- 38 1850 and 2419-67-1047 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: bUbtlq- City Attorney Planning Department CA 16074-7 1\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs1d0251p042\00901324.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernell & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map 1 se 0 Os t R-SCR(,NEE 0L--ij -' + C 0 V), L th��e� I 0_,,r----\ �, . 1 ,,. , ,,, C , •---1, . -,Eft(14 ' r...,--\C\ 4111 if,,,..„.-,---„,,,,,,,,OQI\-3 75t-----1--\ ' 0\---ri r,..ml#''''' ,c3 03 v_____? -ir_____„D re____--\--6- '-r ._,,....\,.'- '#'60to R NE P-1 0 ` \ a -..- r C o ,-9- 0 , 00° _..---. 53 R5R .M:E) 4 -stceet 0 0\0.--‘, 000 % _..r R-5R(-NE) -� . 5R(N.Ey , t N ® Site James T. Cromwell, Esq. ,4i►. Property_Polygons Alleys and lanes adjacent to properties w *4V E Zoning located along 75th & 76th Streets S n Parking Lot Drive Aisle of �_AFeet i Building 0 2040 80 120 160 200 240 i'Vt•••• ''.I+'.`‘.,kog '.-.:11t-101.0.m .,, .cd�al�+,•, 7 � a��- y�,.��n','-"2 r1+ss r w_r.,c., 77 '.-r 'c'w'$ •y �K � �'Vl . ,iw A.'it :',i _ rz t 1 " 7 t A*jki1i.'i1 Y}9 APPLICANT'S NAME James T.Cromwell, Receiver _1. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications - that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Aetitei rition of Property Disposition of CityF.- Modification of y' by City Property Conditiohs or Proffers Alternative J Economic Development Nonconforming UseY Compliance.Special Investment Program Changes Exception for __ __ (EDIT) r.-a--- ______ Board of Zoning 'Encroachment Request Rezoning Appeals _ ___ _____ ___�_ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board Franchise Agreement ___ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement ; I Wetlands Board —. x .--,. ...�,. The disci(,Lures contiipacl in t�4 form Eire (accessary to inform gmb k officials whw; Ay vrte on the : pplication ES to whegtidev 6Wy have a conflict of Interest ticker Virginia law. SECTION I / APPLICANT DISCLOSURE j I OII`CIii USE ONLY/A.1 disc=os::rcs'+List be 6i)-claieri ivrE,12.,?eel pilot to Gny r Page 1 of 7 P1,,,ip).9 t.a2rnSiari dnd Cir.CoLiud mretiiu'Mal�eilauis If)lire L_ di:aucnrs).__] 0 I APPLICAN1 NOM ILO Of HEATING PATE' j i �� 1 � NO NCltANGF.$AS(1F f3AT1 zzl3_ l flEISIOe S s(J i0711 C CAI t I , �"�� James T. Cromwell, Esq. Agenda Items 2&3 Page 11 +:rR :••+. •. .'r..'.� •r s .bi" w,.','�:t;: "C' -,.tom�••' 4 :r:..• .� �a ■ tt�' y}T•l_ '�:}t is� .+r c � .,ts,•,'�"i�,�.::. RciA �. ',� Va'?' � .SPY °'�'�ti�.,,:�'•d=" _,.�_Y,.•�'.:a •'n.ti:-,.�4 { roCheck here if the APPLICANT_J _ridQT ,a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_________________—_______ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (IB) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroverfv owner is different ,fro► Apljcatt. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here If the PROPERTY OWNER 15 a corporation,partnership, firm, business. or other unincorporated organization,J V TtgA complete the followong. (A) List the Property Owner's name:___ If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 . •. ~� i' d:;i:o is t, � '-4,: n;.,. .f�-�s6i`s _%� '!::,-'y, A ;5 a ,, y ..1 4 k.� r f •y i Iti. fr i?: t . neJ s 'dbS...ia __ - r _ ,.......__ ____, . ._ . ,, , . ,,_,.. i..,,. , . . . . .. . _ , , ,,,,,,,a, , ....,,, ,_ .., _ vi-„i BiaB l rb If a Corporation,list the names ofall officers, directors. members,trustees, etc. below: (Attach list if necessary) (B) list the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1-Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting pouter of another corporation' Sep State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business .entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity it also a controlling owner in the other entity, or (it) there Is shared management or control between the business entity. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101 SECTION 3.SERVICES TNISCLOSURE Are any of the following services being provided in connection with the subject of the gmilication or Any business ooeratiou or to be Qaerated on the Property, If the answer to any Item is YES, please Identify the firm or individual providing the service:IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Jaynes T. Cromwell, Esq. Agenda Items 2 at 3 Page 13 • 1119.,P .PRO i1i** ti .aw . a yaa.ah3 - 'y APPLICANT v Beach ¢6pnai shouts if rYIES] I hJO1 fb�F?l I maedi `ij Accounting and/or preparer of 61 your tax return ri ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers - - Any other pending or proposed -- Mpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) ®_ Construction Contractors Engineers/Surveyors/Agents WPL Financing(include current nortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Eykes,Bourdon,Ahern li,Levy,P.C. Real Estate Brokers F Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFBO AL OR EMPLOYEE YES NO Does an official or employee of the City of_4lirginia Bauch have Man interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T.Cromwell, Esq. Agenda Items 2&3 Page 14 tt-d$ a_.i.'�r• ..�. T..,a1� ^+,�w^' !'yyM.:.r:`,.1Y..' I Duo: Fr..,Y'4-� r :i .�e' g,.,....L_ .v-.•-.¢e.,...,, nt.?G,; .�•7. ..r.�• f'' I CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA 'meeting, or meeting of any public body or committee in connection with this Application. /1 1, 1 � James T.Cromwell,Receiver 7/06/2020 ;gIDXttatIt'S SIGNATURE ` I PRINT NAME DATE - I Page 5 of 7 James T.Cromwell, Esq. Agenda items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 205 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 205 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639J) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674K), City Council approved the extension of time until 19 September 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639J), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-1927 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: a—K-461A City Attorney lanning Department CA16074-6 1\vbgov.corn\dfs1\applications\citylaw\cycom32\wpdocs\d025\p042\00901323.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernett & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon; John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N G P I N: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, .ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. &Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map \ r\_.\-) \ ____-u -,- ___1 ‘ ,1 - _.A , 6ttt tre'�t , k\-0-3 C.,, ic)b . n t .°R-5,8,rn ‘ Tahtr C.T.-Th \ I! OU to . • _j__I c A 011 6,;); .1:t 24 )\ z --1- ' \31\_ rt3 #'''''A.-. D. , ,k_.3 C-1- \ - s'1## Ill 0 C3 03 A ' a -'- ______--P - 75 s 9 "_____-\Ca ,S 00 P1 0 S---i- ‘. (-3 (:...-). %10, os, WANE) 9 ‘ )si ; \—,__J--- C -.\1 \-13, R .NE) c s _—: 5-_ 0 treet 0 ---3\.- \ Di_ '' 6-t-- -------\ s - iio \ r----,j_ R-5" -(N E) t f' (CISR(14, E) N ® Site James T. Cromwell, Esq. w 4., E Property_Polygons Alleys and lanes adjacent to properties v.Po 1 Zoning located along 75th & 76th Streets s Parking Lot Drive Aisle 3Feet Building 0 2040 80 120 160 200 240 , _ _ , , _. N: .„.,„,rA,„ . - : Pr"til; :., e V 1l ylyl'Yii t6i' l APPLICANT'S NAME James T.Cromwell, Receiver x. DISCLOSURE STATEMENT FORM The conphtion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification o_f by City Property Conditions or Proffers_ Alternative - Economic Development Nonconforming Use i ' Compliance,Special Investment Program Changes Exception for }(EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certifica&e of Floodplain Variance Appropriateness Street Closure • (Historic Review Board1 1 Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ __ - _• . = ___ _ -- ConditionalUse Permit , License Agreement I Wetlands Board * - _ The ditcbisttre5 contained In this foray are necessa y to iriform punk of citflh who may vote to the applicatirn AS to Mlether , they have a conflict of interest Ulcer Virgule taw. SECTION 1 / APPLICANT DISCLOSURE j 1 i C1i' USE ONLY/Ail dtsc,os):,es°List be updated ir�,t2,ioees pile,to raw ! Page 1 of 7 , Planniny(unu)tusw,t and Cit.Cut:,u.11 n,retitu,t1,J,0rc,ta Q?IO file ilicaucn!sl •„ i 0 APPLICANT NOt it il0 Ot MEANING DAIL j 1 /' N)CHANGES AS(1F 1lATE .I��Z3- 1 n REVLSIOPIS SUEMt1"IC0 PAIL i [% James T. Cromwell, Esq. Agenda Items 2&3 Page 11 yy u. ti k.f Check here if the APPLICANT 15 NOT a corporation, parinerslhip, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:________________ If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (R) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 ant'If oranerty Wafer Is Offerent from Arecetas. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here If the PROPERTY OWNER g a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, fist the member's names: Page?of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 /,____, A7 r"4, `►iiig t `tiaeh If a Corporation,list the names ofall officers,directors,members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t-Parent-subsidiary relationship'means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when U)one business entity has a controlling ownership interest in the other business entity, (if)a controlling owner in one entity it also a controlling owner in the other entity,or (it) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there 1S otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101 • SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or Any business ooeralinQ or 10 In operated on the Property. If the answer to any Item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 13 ' ..1;11 : • `1E - •'''; jt•T/04,,,440,4:.4P111' v...4 4.4',.--.':',‘')-T4, APPUUCA1 T v;:.a v. ttgu%e c}, Fs] 1—Nol I.. SERVICE _.__ 1 [PRoVDEht;Ir ee6edl J Accounting and/or preparer of 1 your tax return El 1 Architect/Landscape Architect/ Land Planner Contract Purchaser fif other than the Applicant)-identify purchaser and purchaser's service providers • Any other pending or proposed EEl purchaser of the subject property L- f/�[ (identify purchaser(s)and purchaser's service providers) liConstruction Contractors I 1 Engineers/Surveyors/Agents l WPL _ . Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) F1C Legal Services Sykes,Bourdon,Ahern 8,Levy,P.C. — -- Real Estate Brokers / — D f Agents/Realtors for current and anticipated future sales of the subject property SECTION! 4. KNOWN INTEREST BY PUBLIC OFFICIAL .i;R EMPLOYEE YES 1 O ` Does an official or employee of the City of Virginia Reach have n m an interest in the subject land or any proposed development contingent on the subject public acition? if yes,what is the name of the official or employee and what is the nature of the interest? Page 4of7 I James T.Cromwell, Esq. Agenda Items &3 Page 14 tWPMA ]Ird.; <:t X U �tia'B�cli Y CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement-Form is {'complete,true,and accurate. i.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information I,provided herein two weeks prior to the Planning Commissi0n, Council, VEDA meeting, or meeting off arty public body or committee In connection with this • Application. ' "frf James T.Cromwell,Receiver 7/06/2020 . IrtitANT'S StCNATURE PRINT NAME DATE Q� � c�-. -.-�zua�- �: r�. -•::��- -fir-a: ':� ss.,r,'"Lt' gi "s`^�c"fi..T'�..•x- "-+rz.� Page 5 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 209 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 209 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-36391) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674L), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-36391), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-0975 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney anning Departme CA16074-5 \\vbgov.com\dfs 1\appl'cations\citylaw\cycom32\wpdocs\d025\p042100901326.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernett & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West,Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington,Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street- ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map \ r \E_Oc_Irs-1 et ' 76tri Str$ ti.\\Oc.\.\-r-' . CS' P- 1-- f; , AIPP\ \ ',_,,,,, ,n, \ ,,,. 0,,,,,,- , \ 1 — ' 4 -R -N )\ c , .\ . _ '\___...___.—\ vx,\II.J3#0.0., ' ' CD- 0 ,,..-e-e# ,c3 L/ Q , Ct ., 75th r NE J - f'- \e,__ .\9cf) CJ oC {_ - R-�SRINE) c . 0 \__ ,..) 9-- 3010 trees \CA\C �-,--\ 1, St 1 — \ r..r' . cr-A U7�1t1� ------- r''''' ''''''.-S:\____ rn R- -(NE) kr,1ZR NE) A ® Site James T. Cromwell, Esq. E Property_Polygons Alleys and lanes adjacent to properties Zoning located along 75th & 76th Streets s I Parking Lot Drive Aisle 81-11 )Feet Building 0 2040 80 120 160 200 240 w y..y:�,, 3 ' R yr, T. 4 ii � •lq > ;. �'7C f-�� '.ti �!!Ii'{{��fjj:.iK�� ,•�•,'��~� '�Jig^ •. t • •,� Z j' � °,r,',-; �•ram. fir ' t- . APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property {Disposition of City Modification of by City a _ (Property Conditions or Proffers Alternative 1 Economic Development Nonconforming Use I' Compliance,Special Investment Program Changes Exception for _- — j(EDIP) _ Board of Zoning 'Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure • (Historic Review Boardl_ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board I Conditional Use Permit License Agreement _ -. f Wetlands Board 1�'r'c""rsrr atz- .ac..cs' .•Yux�w�'a+i•. ...._ •' ...... ..._.-The disclosures contained of this form are necessary to inform pub k 0ffkia s who may vote on the application s to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE 151t C17Y USE ONLY/Ail t sc-os::res el.151 be updated trees t2 w?ees piior to t ny Page 1 of 7 ridmorN t ouuuusru; drul C-it.Cuwu.d nrretirut that yerlduls Iv the L. /11f.at11:11('S) r i 0 APPLICAN1 No1I1 ILU UI HEARING DATE I rti NO CHANGES AS OF — f)ATI Z ®Z3 / - n REVISIONS SU®�s11-11 CAUL i James T.Cromwell, Esq. Agenda Items 2& 3 Page 11 0 2 Check here if the APPLICANT LS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:___= If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (®) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 .r . ,rovert v owner is different frora ApplIcall. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here If the PROPERTY®1hfNirR lS a corporation, partnership, firm, business. or other unincorporated organization,AND TIMER!,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 • M ' a r ly w ry. Ito 1.7 it P 77 cc i^ y.ti �'is�aetie' h If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t-Parent-subsidiary relationship'means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent•subsktlary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ill a controlling owner in one entity it also a controlling owner in the other entity, or OW there is shared management or control between the business entitles. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the satire offices or employees or otherwise share activities, resources or personnel on regular basis; or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act. Va. Code§ 2.2.3101 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or pnv business operating or is in operated on the Property, If the answer to any Item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 13 '.i<Ce-, -. ��+: ��w*;fCrt. X•, !4 .t+.«�Y4i�,e.'rYat� r 7t.. UT ',�' � ,,. APPLICANT �ttiniie cly NiES f IVO 1 I SE-RVICE_ l PROV4Diii lush adcSeinnzl sheets It [_. need) I ❑ to Accounting and/or preparer of I your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser iif other than E VI the Applicant) identify purchaser and purchaser's service providers Any other pending or proposed Lil fw purchaser of the subject property (/�I (identify purchaser(s)and purchaser's service providers) ® Construction Contractors Engineers/Surveyors/Agents I WPL _ Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Sykes,Bourdon,Ahem&Levy.P.C. Real Estate Brokers ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST RY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject publkc action? If yes,what is the name of the official or employee and what is the nature of the interest? . - ..- ---- - - ._ - . -.. _. Page 4 of 7 _ I James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 ids g j}�r Vitt* CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is 'complete,true,and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting off any public body or committee In connection with this AP lication. James T.Cromwell,Receiver 7/06/2020 PyfiLANT'S SIGNATURE rPRINT NAME DATE Page 5of7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 211 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 211 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639H) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021 ; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674M), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639H), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-0933 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: LuL't qzuk,74,) _ City Attorney lanning Department CA16074-4 1\vbgov com\dfs 1\applications\citylaw\cycom 32\wpd ocs\d0251p042100901322.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernctt & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, Gcorge B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street- ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD=3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map \ f\ -v1 \ \.,1\....______S- ___I \I.......t..j ? '---- % 760 Street -" R=SA( E 0 v_r_ri C):V3t1 L.-\ i ? U istrdstost-- , , ' _.--- , 5 r , .NE W 0 ' : vc 0 I -,,,#,Q,,, IL/ �f��/.Q1\-:\i ��"may,,., t3C--) jNE) / c3 03 �, ;'/// i $tfe / ,.__ ,,0 _-,, 0 • 0 \ 0 c\J - - 9 :3 1 ----) r-_,\__ ___,-, -,\,:_. \13\3 ‘} fSR c y� 0 A... ...,..,...\-- ri; ---, r treat n\ \u'-‘, 64.0. - , ---_-7' cs--\ --3\.,‘\ OL-- --. R_ 44E).f, \ !IlisR(NE . t N ® Site James T. Cromwell, Esq. Ail It. Property_Polygons Alleys and lanes adjacent to properties w 14V E ED Zoning located along 75th & 76th Streets S Parking Lot Drive Aisle )Feet Building 0 2040 80 120 160 200 240 c'e t-$ • r . ,ir . : 1 j` 2 T r cl .k. 1te}} du4y v ' `,.,:if, P y y vz+a � v.:ir,oit.,..'...:*iti4%,,,,,., APPLICANT'S NAME James T.Cromwell, Receiver .._,_. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative —1 Economic Develop ment �_ z�..._ _I Nonconforming use Compliance,Special i Investment Program Changes - Exception for ___. )(EDIP) Board of Zoning .Encroachment Request Rezoning Appeals � ______ Certificge of Floodplain Variance 1 1 Appropriateness Strut Closure (Historic Reviews Board). 1 Franchise Agreement 1 Chesapeake Bay- 1 Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The Osct® Dyes costtaineil in this gr!Peni Are crlcessary t e inform plthtk ofi iahs wit* may vote on the application ks to whegtter they have a conflict of Interest i cider Virginia lit,. SECTION 1 / APPLICANT DISCLOSURE i Ii)R CITY USE ONLY/Ail disc-os:aCs must be updated the 12.w?e,s pito,to..ny Page 1 of 7 Plelltliny(ouul+uStctl en(l Cif.CUL'1111J Ittretitut drat}ettalti5 11.7 lilt 1 i)i^allt;ll?s)._i i ® APPLICANT NO11I ILU UI HEARING DATE J I ,64, N}()CHANGI;S AS OF fUl t .. l3_. 1 REVISIONS SUEMITII ID CAIL 1 �% I James T. Cromwell, Esq. Agenda Items 2&3 Page 11 Y x - - , @ ao __F;:•1,.. tit---}. a7;<.. ' ,i .r]:.t=x .n`4'G',1L��.. C- yti T'r ter•- ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the,APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:________________—_______ _____ If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (R) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if provetrty owner is efferent frorj Appliscmt, n Check here if the JROPER7Y OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER a a corporation, partnership, firm, business. or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 813 Page 12 v+Alyt '. Vilififiii i ft• If a Corporation,list the names ofall officers, directors, members,trustees, etc. below: (Attach list If necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) 'Parent-subsidiary relationship"means 'a relationship that exists when one corporation directly or indirectly owns shares possessing mace than 50 percent of the voting power of another corporation,- See State and Local Government Conflict of interests Act,Va. Code§2.2.3101- 2 -AHliiated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that eulsts when(I)one business entity has a controlling ownership interest in the other business entity, (ill a controlling owner in one entity It also a controlling owner in the other entity,or (it) there Is shared management or control between the business entitles, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of interests Act, Va.Code§ 2.2-3101' ••`�ilOtC:Y.iQtas2fY� . SECTION 3.SERVICES ®BSCLOSUI E Are any of the following services being provided in connection with the subject of the gnplicatiot' or nv btasines_s ooeriit tpr to be operated on the Property, If the answer to any item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 13 '+A+tE :cax;_'ii. M!7 x Y .N YSn ��S i it Y w Lam" 70'i:5:el, [YES [PR0VEt4IdkPJ5hetiIf _ 1 -[ °i 1 SERVICE in_ Accounting and/or preparer of �. your tax return ri Architect/Landscape Architect/ ' f Land Planner Contract Purchaser(if other thart EFri the Apnlicantl-Identify purchaser and purchaser's servke providers Any other pending or proposed [ f purchaser of the subject property LL _ (identify purchasers)and purchaser's service providers) Construction Contractors I ^ I Engineers/Surveyors/Agents l WIN_ Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) VIC Legal Services Sykes,Bourdon,Ahern 8 Levy,P.C. Real Estate Brokers / — _ 0 ® Agents/Realtors for current and anticipated future sales of the subject property SEC iON 4. KNOWN INTEREST BY PtiBitC OFFPO AL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ' V an interest in the subject land or any proposed development a coneingertt on the subject pubik actiort? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 T James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 _ Weer a . yi ( r� N' Pr yam. �•� -i `t' [' 2 •�43u.-f_.F--_..-+�.'�;'f�''.�..k-'�` �.�i-,[2.-�S? � ��. } CERTIFICATION: uu 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 I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VCDA meeting, or meeting of any public body or committee In connection with this Application. f James T.Cromwell,Receiver 7IO6I2020 { Q,CItANT'S SIGNATURE PRINT NAME ,-- DATE W a�ia�--- - y'.�rozar�-�r '3 '� ."^ril Hr7 .r..'+fm •;+s,.y,, �tiiWI Page 5 of 7 James T.Cromwell, Esq. Agenda items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 213 75T" STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 213 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639G) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674N), City Council approved the extension of time until 19 September 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant has requested an additional two-year 22 extension of time to satisfy the conditions of the aforesaid street closure action. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 That the date for meeting the conditions of the street closure, as stated in the 28 Ordinance adopted on September 15, 2020 (ORD-3639G), upon application of James 29 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 30 extended to September 14, 2025. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 33 of , 2023. 34 35 No GPIN assigned (Right-of-Way) 36 Adjacent to GPIN: 2419-56-9993 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: l, Attorney� Q to ��City tanning Department CA16074-3 11vbgov.corn\dfs 1\applications\citylaw\cycom32\wpdocs\d0251p042100901331.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernett & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, Gcorgc B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street- ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map t__ ' `1 V 76th Stt$et ROE 0 \il_ k _s--:\ O'c\P L-31 � o• - � 1 `OR4 ,76th tt 91. , 1 .c.r\c ,3., / ,.. /// , , ...„ ~ //.;* • 03 0 v_i_, , 0\---r'i kr) \--0 ---- ,....° \ ... , it ici stree7cm - NE P-1 C3 'C), . 0 0 p rl 1 OC _'.' R 5R'(N:E)\•\:;---303 y ,� • 0 0\3,, \ \ 41 1\U i sit. __. ---,_ _._.... j"131 \:\ • ° \41:0"st C\ 0\\:\ D -"1---5' ------1 \31° R- rn•1 .---4 E) I, RtN 1 x�1 r r N ® Site James T. Cromwell, Esq. w A*.. E Property_Polygons Alleys and lanes adjacent to properties *4v Zoning located along 75th & 76th Streets S Parking Lot Drive Aisle as bs --Ammi----iam��1Feet Building 0 2040 80 120 160 200 240 ,• ., .. • „.: .,• Ei:.` ..cf `" ri.q7''^ t V�' ' . •.,...4 is ..i 'r{'•.... i., +, .��,'i .)w '.'P „s. ^a;Iy4 e'�.:�. _:, Y:" .4o(-;� :;• s -;;Rid...-- R7.4 rz_ � 3,1 stiY :sy,.,: ..1'' VirYZigiiktaiel APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Coigne': or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property I Disposition of City Modification of by City j Property _ Conditions or Proffers Alternative —1 Economic Develop— ~ Nonconforming Use~ Compliance.Special i Investment Program Changes Exception for 1(EDIP) _�..�.__., Board of Zoning • Encroachment Request Rezoning Appeals . _._._.. Certificate of Floodplain Variance �^ Appropriateness Street Closure (Historic Review Board_ i Franchbse Agreement �� Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance` hoard �• _. _. Conditional Use Permit 1 License Agreement I Wetlands Board The dimsiostres contained in this form Ere necessary tv., inform fltlbAkk oifci&&g whA ratay vote ea the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE • • i C17Y USE ONLY/Ad discos::,es Quist be UPdatefifvr t2,:v?eel poor to my ' Page 1 of 7 Ptditttint.(mLniiSSioti drill Cil.Cs um.fl ihretitut tlidt}-rtIllcil so sit LpOicdUCi?5). j 0 APPLICANT N01II 1LU U1 HEARING DATE'1 j I /!:.6 NO CHANGES AS OF DATE ,,i 3_g2090„,(t-- Lja fiEVLSIOfJS SU6f,111"rl'tJ CAIL 1 1 James T. Cromwell, Esq. Agenda Items 2&3 Page 11 • f - L •a 0'f• 4..-i•r �i 1 i-.[-...4.V. " •1 ...: •'d .y.•fi:i `.--kt_ 'G,. `Z�l. ��s F..s 4s r..•?4-0' .4'S •sue` ti. - .i tffiWai Reba ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:____._____________________ If an LLC,list all member's names: If a CORPORATION, Ilst the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes r and 2 {y.--i....ca:s-:.0 ac�rl.m a..n.t._.a.�.. w..-.c-..nt,mot-.... ,..,c-w-aam>. -........,._.a •s.v.+.x--�-v.,.-r.-,+,..�+:..<a..�.ne-r,� SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 ply if vronerfv owner Isjifferent frogs ApIjcc e;. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 1 Check here If the PROPERTY OWNER IS a corporation, partnership,firm, business. or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 -.,.--0,--P-YR,---f-fonviar',..,,--..,sic,,,,-4-61,-.Leil,:.i::;....,.-_, -.5:1.?.7.::::),...4...;:i:-,:-..,, 4 ,J/1jL_ li•r}, viiiii ii l3e$c4) If a Corporation,fist the names ofall officers,directors. members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t-Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation.' Set State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent•subsidlary 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 it also a controlling owner in the other entity,or (ill) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular bash; or then Is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3.SERVICES !DISCLOSURE Are any of the following services being provided in connection with the subject of the licatiort or Anv business operating or to In operated on the Property, If the answer to any Item Is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 13 4..... v6+. •• I.- '.4*. 1, % * fiF 'ri Ti }.14* ,o,s? ,4„ . • APPLICANT T btt nut cPa ryES f NO, 1._ SERVICE __ �___ [PROVIDEitiusedadtSeco MMMnatsheets It =; Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser Of other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed (� { purchaser of the subject property L� �1 (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors EjEngineers/Surveyors/Agents J WPL _ Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property/ CLegal Services Sykes,Bourdon,Ahem li,Levy,P.C. Real Estate Brokers / — -- ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO + Does an official or employee of the City of Virginia Beach have an interest In the subject land or arty proposed development n M{ contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? Ji page 4 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 , uIz t , CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is 'complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA ` meeting, or meeting of any public body or committee in connection with this Application./4 , / James T.Cromwell,Receiver 7/06/2020 itiOLANT'S SIGNATURE `". l _ 1PRINT NAME _ DATE __ Page 5 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 215A AND 215B 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 215A and 215B 11 75th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639F) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021 ; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-36740), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions of the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639F), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPINs: 2419-56-9954-0001 and 2419-56-9954-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: !fita 4.Gi/iv City Attorney Planning Department CA16074-2 1\vbgov corn\dfs l\a ppl ications\citylaw\cycom 32\wpdocs1d 025\p042\00901335.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bcrnett & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N G P I N: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit.B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: H4- Maureen P.Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map f.\ v1r\..\L__3______, ___, 6th Stre'�t R R( 0 s\ IJ \-rI.r—' 0.'cl_3 . i ‘ 5 R,,,r , 0_5 , ett treat ,�1 ' .\_--a ‘-.3 p 1\ ' p \.303Q C) . . �� —' gtreet \ a � CPO 7�tr A \ �► 5� N E P-10 1 .. ) treat I 0 °° ‘‘,5:‘: RZ RX7rn 0 --1. cli Li_A_____\ -1 ,----A Vo 0 V-3\,-\\ 5,:\_.. R- �(-N E) tost. --- \ `.--\ q ft i R(NE) N ® Site James T. Cromwell, Esq. w ii4 E Property_Polygons Alleys and lanes adjacent to properties *4V Zoning located along 75th & 76th Streets S J Parking Lot Drive Aisle w 3 Feet Building 0 2040 80 120 160 200 240 . .w;.L•j ^ r •v,', r.tr;fi.. .' i •••, v. r! .::."'!'•ram°'. M '. "'�FFF'"`"S J OVA. y}�!4 �.a•i.n.Fjt}i.�y iVi `• �r',G+•�•a9!, �y' ~•^t +i.1.Y '•, ••h.• .r..ATSn L[,.t•YSY r. 41jt�p�"l1 APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications . that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of •" by City Property � Conditions or Proffers Alternative —1 Economic Development Nonconforming Use t • Compliance.Special i Investment Program Changes Exception for i(EDIP) - __q - Board of Zoning 'Encroachment Request Rezoning Appeals _ .______ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board_ 1 Franchise Agreement �� 1 Chesapeake Bay I Preservation Area Lease of City Property Subdivision Variance Board = ---_�.�_-__ -- Conditional Use Permit , License Agreement . I Wetlands Board ,r _cr -,- .uc..rs-r...o.,-.-...'x-mxeme as,... oa4a4,Gx ......... ..........��,. ...._ .—..—.... The dimcit ures contgined in th1ig ':,,run axe necessary to inform pub k officials who r tay vote on the applicati+h=n ES $o WheitteF they have a conflict of interest under Virginia law. �:�i_i-aa.Pi'L�+G�s?GY.r PIsa�F�'_^-.Dt+,rGrl:{.a• i..t tae,v..Li%�a�-Z_i�v�i- ^Rr"'r^n._'r.-.....�.sn "i?a'�Ys'3�_,�w u.+r.i+a.'�-..JS SECTION 1 / APPLICANT DISCLOSURE j iiiii CITY USE ONLY/Ail disc-of:;,es most be updated irit,12.w?ees psi0t to any Page 1 of 7 Pidnniny(tielitinSSICIII elntl cit.cowl,11 Mretillll 111,31 yrtldltiS 10 lilt..likIica111:0:5). 1 i ❑ APPLICANT NU1111LU UI HEARING DATE' i 1 tg NI)CHANGES AS Of DATE •,. j/ % Z3— � •,� .l 1 _REVISIONSsuEf�UTR'D CAIL 1 / James T. Cromwell, Esq. Agenda Items 2&3 Page 11 -.k,:�,. .. a.- �:.Q•l' 1,' :5.rr '1 ',,:_.•7'.Ii 'i25 4'ri.�. "YS r> h R Si,�tiY { O O Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the'APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__________________________ if an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (R) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 #..n._.n,.Np,,_��-:4..�.....z-.<.._tom_.�..:...�.-..a,,.�....,�.-.:.�.,v� ,._ ,�.a.-...,�.�.t._- —�.'•--..,.,�.�....�e•cs SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pnly if property owner is AMMO,i front Applfcept. n Check here if the FROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here If the PROPERTY OWNER a a corporation, partnership, firm, business. or other unincorporated organization,AND THEM,complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 PI.* �,.6 , Fr"- L.Y.. .,r 'K•.,:'.,, :.iy-:,..; .l-Ii,„�•. +_ -.o�.�•,�:.i1..:,- I�� I �N l . .!et ••�r, ;t; `'S.1' iY1:V-. 5�/r• + ;'y` y' .c'., _�?t�--vr',;.:. -.,.• _l: ; •'O,iti.��i:t4�s,t- .4a%frte7a ;5. +v- C— _ ,? ' ^;s:, �'►aR , carb 3a1ta If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Arrech list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) i 1'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' Sea State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means `a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity, (if)a controlling owner in one entity it also a controlling owner in the other entity,or t1W there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there Is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any bu_sirles$ oaerAtionsK to In operated on the Prot:terty, If the answer to any Item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 13 A. +G iPT''r .n�f� .w�r,.iF:�1.a't R•:,mot.. .�1�'I r. +-y. APPLICANT Vi in Q c. YES l I ®� �_. SERVICE - l 1 [PROW.DER Iusa ackStt9nai sheets it I JI nQe ) 0 Accounting and/or preparer of your tax return fl El Architect/Landscape Architect/__.. Land Planner y Contract Purchaser(if other than the Agglirant)-identify purchaser and purchaser's service providers • Any other pending or proposed I 1 [Elpurchaser of the subject property �J (identify purchasers)and purchaser's service providers) ® Construction Contractors nEngineers/Surveyors/Agents l WPL ._. Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ULegal Services Sykes,Bourdon,Ahem 8 Levy,P.C. Real Estate Brokers/ — ® Agents/Realtors for current and anticipated future sales of the —� subject property SECTION 4. KNOWN INTEREST HY PUBLIC OFFICIAL OR EMPLOYEE YES �p s______�v_._._�._.___._.�.y_ _�_ ______ ._,4 � __ Does an official or employee of the City of Virginia Reach have { an interest in the subject land or any proposed demelopment contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 ..r` I ::M• is -'.1i : •• �•='• r .r • k 5'e.. .�e3� , .r tr:. J, if 1 CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is r 'complete,true,and accurate. !i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this jApplication. f I James T.Cromwell,Receiver 7/06/2020 i /A4,(/7-7.—. I ImytiUN S SIGNATURE _ PRINT NAME MATE Page S of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 217 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 375 sq. ft. of an unimproved right-of-way adjacent to property located at 217 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639E) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021 ; 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674P), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions of the aforesaid street closure action. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 That the date for meeting the conditions of the street closure, as stated in the 28 Ordinance adopted on September 15, 2020 (ORD-3639E), upon application of James T. 29 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 30 extended to September 14, 2025. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 33 of , 2023. 34 35 No GPIN assigned (Right-of-Way) 36 Adjacent to GPINs: 2419-56-8972 and 2419-56-9902 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: hit6t- W/4/401/V a City Attorney Planning Department CA16074-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 321wpd ocs\d025\p042\00901325.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernett & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, Gcorge B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P7 Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD=3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map \ \ \___:3'sVta:. V /6th Str$et RiOR(N E . yCI 1 S"i C CSc-1-, Q 1---\ _?, oi.,;\ u.-1 . o r\ c -nth-�tl� .clir\) \ V , - ...._ ... ____,. \ , ---' - — '-'------;-\— j\ \,) L-,,,„.0,C1' ..Q6 ic\e3 V---) . l 1 Y 1 75 ' o NE P-1 0 , ic:3, ,\._.i R R5RF -t---3- e��:E) c 0 Al t �-, , tree \\13..„0 i„,,,s _ ,\----;----- R-s ((\ G.--,'\ Cli\--3 ' ig. , , nl E) N ® Site James T. Cromwell, Esq. A i N��I�� E Property_Polygons Alleys and lanes adjacent to properties [ Zoning located along 75th & 76th Streets S [ Parking Lot Drive Aisle i3Feet Building 0 2040 80 120 160 200 240 r 1-hr_if _�s.. .•�•'.li''•�'!:ti''._�:rr.'K"`i : � . •;�"� •.}'. r r. • !,.'S` u•r ,. ��.31`,w:• 7 r•d:}' •.Y.rt. Veit, • - - 4 ViEjziyst��air21 APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City, Council. Such applications and matters include,but are not limited to,the following: Ac uisition of Property Disposition J •_,__.. q pe of City Modification of by City Property Conditions or Proffers Alternative i Economic Development Nonconforming Use Compliance.Special Investment Program Changes Exception for _ — (EDIP) Board of Zoning 'Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City•Property Subdivision Variance Board • I _ • _ _ Conditional Use Permit License Agreement I Wetlands Board The discloswes contained in this form are necessary to inform pmtikk offizi&s who, may v:,:ce on the application as to tvheefter they have a conflict of interest uttder Virginia law. SECTION 1 / APPLICANT DISCLOSURE r 1 Olt CI)Y USE ONLY/All diSc;01::r es mast l,e UPdateri WA:,12.iv?eks piill to..ny Page 1 of 7 r.0 ni,, (onrrUu5luu end Cil.Council_yell_foal -ti(anis IU tile i• ® APPLICANT 1,201111L0 o1 HEARING DATL• I / IJ()CHANGES As al- DATE REYISIONs SUEL511"R'.t CAIE 1 1 James T.Cromwell, Esq. Agenda Items 2&3 Page 11 L •Y'o:tiy' ..-..``�. 1 •:,:,a�T..^yr.7 .°.. y 1 . ;yy':. ;ern Y r ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: if a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (13) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Sea next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 0t,(a pro arty owner is t6i feierot f�o�Apaldcant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. l__J Check here If the FROPERTY OWNER I4 a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (4) List the Property Owner's name: If an LIC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 "Ck".r.•; j- v. •�.. • 47, f fit•�.5 lt"•.�.+' r' +•tiyM.ry'�.f. N�;3"r::r� ''.:if[ .�1,,4• •�•S ., l ��'.' ',L a, w�5 �•: ,:"1�..:�:..3�.,i..'•,: t):f[•..: .i 8 e bpjpe " 4• r4V- ,+ Z 't' rn a�S r,�•+ JS• _ . �C Y. y• f- r s .S Qt .�.� ti .'Y�:• tii. kl r 7 tY�gpttB�f8['h If a Corporation,fist the names ofall officers,directors, members,trustees, etc. below: (Attach list If necessary) (8) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Properly Owner: (Attach list if necessary) 'Parent-subsidiary relationship'means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than pa►ent•subsldiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity, Oil a controlling owner in one entity it also a controlling owner in the other entity,or (it) there Is shared management or control between the business entitles, Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3.SERVICES !DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or pm/ business oneratiri_i or to be operated on the Property, If the answer to any Item is YES, please Identify the firm or individual providing the service_ IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Jaynes T. Cromwell, Esq. Agenda Items 2 &3 Page 13 • �r i t z� �� r - i 4 r eat 1, y : 4? c mMt APPLICANT vii Bch ryEsi I NO1 r sERvia e aa� [PROVERluiddtuonJsh:euir Dog Accounting and/or preparer of r. your tax return ^ El ® Architect/Landscape Architect/ Land Planner ® Contract Purchaser Jif other that! _ the Agnlirant)-identify purchaser and purchaser's service providers Any other pending or proposed (� purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) NIConstruction Contractors _ nEngineers/Surveyors/Agents I V11PL ._. _ .. Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) L1C Legal services Sykes.Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ __.---.— 1 ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO i_.___._._ _Y_�-_____ Does an official or employee of the City of Virginia Beach have f{ I an interest in the subject land or any proposed development (contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 i '• - t :v. �•. 7 'Y v:far:•ir'•` '[ rgit i ?Y ,ty y yt #'}..r q 1 C�` f Y � A• v.ii�f...,.k e'"h F - - _-r•--- CERTIFICATION: k I certify that all of the Information contained in this Disclosure Statement Form Is 'complete,true,and accurate. r I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this Application. James T.Cromwell,Receiver 7106/2020 jmytit-A tit 1 SIGNATURE PRINT NAME DATE 1 Page 5 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 7500 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 413 sq. ft. of an unimproved right-of-way adjacent to property located at 7500 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639DD) ,to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674D), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions attached to the aforesaid street closure 24 action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639DD), upon application of James 31 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 35 of , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPIN: 2419-66-2998 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: ‘eita tali*-1^1 F r City Attorney anning Depaent CA16074-13 11vbgov comldfs11applicationslcitylaw1cycom321wpdocs1d0251p042100901333.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchrum, Alex-Beeirrne & Mar„ Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map \: pl \ U 'L.;'. — A 1sth Street ..- 0 0, R15�R� � 9 � s_ n treet " i : R4S,R,n. Tett% ' c_Vii C--‘) \ Is\' OU i , . c ,11\ _ ,,o, ;0 .R.,, ‘ . o,... ___,,,,,, __ -v_I-\ ' \:1V 1\f.e.e.fx.e. rn_ \ i 0 "��.' 1C-A 0 AStree 0 -". -1 ---\\ \\--1-S 0 , ._--, , 0 i- — P-1 l_s r\ p3c9 0 , ___,__J o( 4 • 0--; 00 \ R-5R N:E) c G) 0 A 30-\______\ - trees 1 -1 \ 63\---3 '5-18t- -- \ i,--\ r_,ros R {NE) �- V5R( VE) N ® Site James T. Cromwell, Esq. A% Property_Polygons Alleys and lanes adjacent to properties w``V E Zoning located along 75th & 76th Streets S Parking Lot Drive Aisle a.C"aa_.r..a— '".®..ak=)Feet Building 0 2040 80 120 160 200 240 ''r • �. p y1.. • 71 i• ter"..:: 0--. 6-i.,...;:4 '3.,k•• �: ,"OUP 1a �.,�. °' ' .a,..'ft,- ,, ;, e� - y u. r-Lred�K:.:0 N .:r ,S.d r ""s ' it .. 1f2." � r - '� S_ tom a li hiViP$'i }C,i, APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The:completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property I Disposition of City Modification of by City Property Conditions or Proffers Alternative 1 Economic Development Nonconforming Use Compliance,Special 1 Investment Program Changes Exception for _ i(EDIP) _ - Board of Zoning 'Encroachment Request Rezoning Appeals _._.._ Certificate of Floodplain Variance 1 Appropriateness Street Closure (Historic Review Board i Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board • _ . ... __ _ _,_. ,_.._ ___ �._______.__ Conditional Use Permit i License Agreement ' I Wetlands Board The ediiciosuves contained in ttir form are necessary to Inform pth1k of#feklWls who.: may vote on the application as to w19ethe8 they have a conflict of Interest under Virginia lave. SECTION 1 / APPLICANT DISCLOSURE j 1 i C17Y USE ONLY/M t7isc:Os::ic5 oust be tip Led ivX 12 ;v?('es pile tti my Page 1 of 7 ' Flan„iny(ummus,un end Cit.CuLiu.0 nireti,u,that to it,r:.pli;attrns). i 0 APPLICANT 1''iO1 II ILO VI HEARING DAIL j I �1�4 NC)CHANGES AS OF HATE r.f/Z Z./Z3_ 7 ,,-- L n REVISIONS SUEIMIVII'.t) CAI I: I __, 1 James T.Cromwell, Esq. Agenda Items 2&3 Page 11 ,..� .ti . e4 r•f a• ;,:. ti . ....'" .yam; E.: 96PiT14.OS ke....trtitra.i,p,:,. ...:.*..,,-;.;:.::,.,.:1-.• .....i,..f ,y- 1 ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. • Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:___________________________ If an LLC,list all member's names: If a CORPORATION, Ilst the the names of ail officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 ��-..�.�a�..,�:�R�•r,..�.�...�ti_.�........,A�,.�,,...:�� .._._,...tea«-.:�,x.:i.a._r..-�,�.�,��,�,� SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 liaronerty owner is 4I etse i?roj I4yn1lce.v n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here If the PROPERTY OWNER a a corporation, partnership,firm, business. or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name:__ If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 Viil E� ..r,„ V b2 1 .) ]:r ti t`•".a sik4 i,;;k .-:_ , r. ,, -._•.' :-c If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) • (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1'Parent-subsidiary relationship'means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (iil a controlling owner in one entity it also a controlling owner in the other entity,or (it) there Is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities:See State and Local Government Conflict of interests Act, Va.Code§ 2.2-3101 .rII�G��.e_T�c.IQ�A�[rcFi'••-••-•••,,•�-.r*--c+--•rDae�t�.amsccxrec�c _ SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Agplic tion or gnv business operatiau or to be operated on the Property, If the answer to any Item Is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 13 p :r 1;7", =� *`ti`�.:4.:.'I'a��..+...'`Y•+ '. `• ice..ek; J- .�: �ie'�i5 xYe. v t i APPLICANT '_{fi �t�lIljeTai4C}, ry.i ii SERVICE ��___ PROVIDER Ivsu Donal sheets ifj D '„; Accounting and/or preparer of your tax return ^El ® Architect/Landscape Architect/ ' Land Planner Contract Purchaser fif other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed E Fl purchaser of the subject property (identity purchaser(s)and purchaser's service providers) —6 _____1 ® Construction Contractors ^___ nEngineers/Surveyors/Agents WPL Financing(include current n ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IX U Legal Services Sykes,Bou►don_Ahern&Levy,P.C. Real Estate Brokers / D ® Agents/Realtors for current and anticipated future sales of the subject property ---W SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE IfES 1 O Does an official or employee of the City of Virginia Mach have '1 an interest in the subject land or any proposed development 1 contingent on the subject public aceio t? if yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 • , ..-..:I.-s;4.;;;,.; ''.:,:iiiiii,it:4.,`01‘...,,,..'•••%:.v.,.1.,t959rjr .:".,1:110'..t.-,'...;'.' ' • g+lr` __Ale z+",- ' i 11 ',Al -.4.ckg t of•t,:t,.`;.cif jt t p'h..'''d% v.11a lw[11 CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form Is , 'complete,true,and accurate. I understand that, upon receipt of notification that the application has been ti scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA t meeting, or meeting of any public body or committee In connection with this Applicati4on. ?' i; / James T.Cromwell,Receiver 7/06/2020j I CILANTS SICP iTURE 1 PRINT NAME DATE E ` I I Page 5of7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 208A AND 208B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 312 sq. ft. of an unimproved right-of-way adjacent to property located at 208A and 208B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639CC) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; 16 17 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674E), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions attached to the aforesaid street closure 24 action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639CC, upon application of James 31 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 35 of , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPIN: 2419-67-0055 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 1(1(12;- la4/61141 City Attorney Planning Department CA16074-12 11vbgov.com\dfs 1\applications\citylaw\cycom 32\wpd ocs\d025\p042100901329.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, nlexe;e & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map \ 0.1,_) 0 J . . ' /SO Street R4RINE ------'------ri).,,V C._ O'' P. . t� , \ .t ., 8\45Ar ou 7$th�tr�t . 0, . .' _,,.clii . c----1) 0 c ..R 14 o i0,.# / \ , .° !f, �.�+.+- S - ' 00 . ., .,#-'""."--- vi t :r��i A \01UA street ro rNE) P-1 .—� 0,- (. 1 S: ---n W5F4NE) % Ilk 111- - 010 4\ ___.- \-- }4I a 0 0 \lab-street Q • 1 t+`1- \„\. { �,��lll-+1-"�LL�.�JJJJ?\ __\ v..- �t\ L % ��1l \L�91 It lJ6`iR� , ( R. A.NE) 1 (C5R(NI) ® site James T. Cromwell, Esq. ,�i w , l�., F Property_Polygons Alleys and lanes adjacent to properties Zoning located along 75th & 76th Streets s Parking Lot Drive Aisle aiimilikram=amem_—=)Feet Building 0 2040 80 120 160 200 240 4,113:4V4-Peolik'i;Vica.t....;;:_kii:_-_-„Yj.,,'„:::4,4.4�.l}Y�:�P:.•'=�aai, ,y_Ga i.. , ,4oli "i� ...Y&�. d 1's{ .kii;-g al« 3 '��a°'�.lv,'�1;'f .d*o- '8 {• Vi vi ``" APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board,'commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property I Disposition of City Modification of -" by City (Property ti Conditions or Proffers Alternative ----I I Economic Development— � �- • Compliance,Special i Investment Program ChangesNon coforming Use Exception for, _ j(EDIP) — Board of Zoning I 'Encroachment Request Rezoning `�_ Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Boardl_ i Franchbse Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board • • _ _ Conditional Use Permit I License Agreement _ ' I Wetlands Board Th cIo t res contained in thiv form are necessary to inform imistk cfficiats who may vote on the application aS to Mleetlii:F they have a conflict of Interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE OI(Cirr USE ONLY/n'I thsc-o:;'cs mast be updated ii.t 12 iv?ens p:k,to orty Page 1 of 7 Pidimin9(mun+istun end CO.Cuwu.d Iii,,etilut that 3,klialcis to llle:. licaurnrs)._I 0 APPLICANT N01111LO Of HEARING DATE' j ia AO CH =teANCES AS OF DATE I.. iz REYlsions SUBMIT-CID CA1L 1 1 i fr'''",074—' James T. Cromwell, Esq. Agenda Items 2&3 Page 11 '�:'� "�'1^a dty. '•102�k1 r".- ., �•.Fi.:,11.,•:.:`,'.r ,r:;.',y:i'.••- ,..+• *}cy...: p .5 31- , iy + 5F`t}: —• :-r"-'. byz.-..Al - i S r S'Ja. ""4~ .n_ 4'' y;. ."...Y.y.t•4 i,s t,r�:•1..?,, - • ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. U Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_____________________-____ If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes l and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 Dilly if nroreriv owner Is 0iffgrenl fropji Apyljcant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here If the PROPERTY OWNER a a corporation, partnership,firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 'm. `{i• fir' , Vii$3it18�VII If a Corporation,list the names ofall officers, directors, members.trustees, etc. below: (Attach list If necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list/f necessary) I`Parent-subsidiary relationship"means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.. See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 2 'Affiliated business entityrelationship' means `a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,Oil a controlling owner in one entity it also a controlling owner in the other entity,or (It) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the gnplicatiort or nv business oototim or to be orierated on the Property, If the answer to any Item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 i James T. Cromwell, Esq. Agenda Items 2 &3 Page 13 INFtlip y tr .nr-' ''d'4.-- :.s'�-.,',A.", ,A. t?•::S'ir'_?+ :ii"ire' ; • 3:(,-.::),,;:. APPLICANT btcg n3 -- A ry.i i NO1 I sERvia 1 rPROVIDEiTtscedackSte)ilononal sheets if j iiiAccounting and/or preparer of g2. your tax return El ® Architect/Landscape Architect/ ^ Land Planner Contract Purchaser f if other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed H Ix/ purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ® Construction Contractors riEngineers/Surveyors/Agents l WPL -_- • .. Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IXU Legal Services Sykes,Bourdon,Ahern&Levy,P.0 Real Estate Brokers/ n ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST EY PLIRLIC OFFICIAL OR EMPLOYEE YE5 NO Does an official or employee of the City of VirgOnla peach have .4 an interest In the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? I l Page 4 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 • t ? ii* , ,µ. :;y''s:,..- -. 'fir:;yrrzy.'�Yee ''� !•k,--- r- !:.PA Vrr ,ie'O ach CERTIFICATION: • I certify that all of the Information contained in this Disclosure Statement Form is 'complete,true,and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this Application. s _ —_ James T.Cromwell,Receiver 7/06/2020 , , 64(',--/..,-.. "itfjoytttANT5 StCA&ATURE f I PRINT NAME _ DATE I Page 5of7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 210 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 325 sq. ft. of an unimproved right-of-way adjacent to property located at 210 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639BB) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021 ; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674F), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639BB), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-67-0003 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA16074-11 1\vbgov.corn\dfs 1\applications\citylaw\cycom 32\wpd ocs\d 025\p04 210 0 9 01 32 8.d oc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernett & Mary Elizabcth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217& 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map \ , 1 U 1 76th St+r$et _,Y l--v" R15�R(NE 0 1n 'I.— C) \-5T--- ‘_rj 7gthtr'Li i. , R=5:R in , \:3,* , v 1, ou 0 .. • c \\ , ,. ..R 14 4 ---''''' / \ •_,,) L. - . 0 V61 - f # ## C3 \ ,e''I "##'1° *r\ 10 Vj ° A>- . 3A ‘1 1 'WI$ 74 , ,a--- '°1 .• ..." 1 0 '-�-r , \ 0 - NE) P1 a C \� U U o Cri C r----1 \—y3 [... A,____ 0 00[ RSR NE) 0..---, % l'4 tree • ‘.---v 6.- C\ ------3\_..---\ -"--f ttS ---- Ct-----t ----; -�-- R_9R-(N E) , , \' _, !IP5R(N.E \ t ® Site James T. Cromwell, Esq. •toik E Property Polygons Alleys and lanes adjacent to properties `;o' i Zoning located along 75th & 76th Streets s Parking Lot Drive Aisle se"v.--1....----rm-Feet Building 0 2040 80 120 160 200 240 .4 ,.Oil •..f 6$ .1!ems .. •' i •(.y1"•"w. e . • f•`�l� mi. 1—.- ._ fe.wL } 7 y 4 V Tk2yTh c 1 APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council Such applications and matters include,but are not limited to,the following: Acquisition of Property I Disposition of City Modification of by City `Property Conditions or Proffers_ Alternative 1 Economic Development Nonconforming Use~ Compliance,Special i Investment Program Changes Exception for i(EDIP) .___._ Board of Zoning 'Encroachment Request Rezoning Appeals �- — Certificate of i Floodplain Variance Appropriateness Street Closure (Historic Review Board). 1 Franchise Agreement 1 Chesapeake Bay Preservation Area ! Lease of City Property Subdivision Variance Board _ _ _ Conditional Use Permit License Agreement T ' 1 Wetlands Board The esciostres contained in thin form are necessary to inform pibtkc officIats wh:•: may vote on ehe application as to whether they have a conflict of interest smc er Virginia law. (b'r.._,.,.<-.s..ar.-..as rm+.c�sas--,• - n.a..ra.+.aw-ers casuus=___�:s_�„••'.:...-•............. .,.... - _�e�-L•..:..n-x-'j SECTION 1 / APPLICANT DISCLOSURE J 1 ORt eiii USE ONLY/Atl discos::,cs mast be updated Jsv,t2.w?ees pilot to any ' Page 1 of 7 ' Fidnniny(uun,tSSIu!i dnd Cit.Cuwu.il turetitw that}[!Idols 10 lire:43.kilicaurn!s). i 0 APPLICANT NO111110 O1 HEARING DATE' P'ti NO Ff]ATE ��fi Z 1!. ;: c"tt'.0 CA1L I James T.Cromwell, Esq. Agenda Items 2& 3 Page 11 yr'4� yr .3 x I t n r ® Check here if the APPLICANT l,S NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:________________ If an LLC,list all member's names: If a CORPORATION, list the the names of ail officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY. OWNER DISCLOSURE Complete Section 2 pijly if vrooerly owner is different from AMicane. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IT Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business. or other unincorporated organization,ANC THEN,complete the following. (A) List the Property Owner's name: if an RC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 [-,-,, f• is y ,� b ; _' ' 1 k ...s � .. ^;:,r�. .:.t_ a tit -• 1.,_, _ r x. r • k".1,=• I .- t Vii ieii Desch If a Corporation,fist the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t"Parent-subsidiary relationship"means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entityrelationship' means 'a relationship, other than P parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, Oil a controlling owner in one entity is also a controlling owner in the other entity,or WO there is shared management or control between the business entities. factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities."See State and Local Government Conflict of imerests Act, Va.Code§ 2.2-3101 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the applic.stion or Any business ooeretltlq Pr to In operated on the Prt111e126 If the answer to any Item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 13 • of APPLICANT eil' rc� flifES l�l� I Sl�i(VICt _ ' [PRovtDEij Ivs+3l��nalshoats f�U _._ necgedt D. 0 - Accounting and/or preparer of your tax return ri .Ili Architect/Landscape Architect/ '," Land Planner- Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed - I j� purchaser of the subject property [aJ i�� (identity purchaser(s)and , purchaser's service providers) - ® Construction Contractors Engineers/Surveyors/Agents WPL Financing(include current Rimortgage holders and lenders selected or being considered to provide financing,for acquisition - or construction of the property) iC Legal Services Sykes,Bourdon,Ahern&Levy.P.C. • . Real Estate Brokers/ — -- 0 N Agents/Realtors for current and 'anticipated future sales of the ' . �� I subject property SECTION 4. KNOWN INTEREST-HY PUBLIC OFFICIAL OR EMPLOYEE V E5 NO Does an official or employee of the City of Virginia i!.ealch have an interest in the subject land or any proposed development I h contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the - interest? • Page 4 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 } y ', H;• ; T 1 , I . V'tt0t:l CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is a 'complete,true;and accurate. x I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of arty public body or committee in connection with this Application. :' /14e'r-z il James T.Cromwell,Receiver 7/06/2020 Qytitort'sSIGNATURE ."-bf LP1M E DATE i P&ge 5 o1 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 214 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 214 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639AA) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674G), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639AA), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-57-9052 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 17) City Attorney Planning Department CA16074-10 \\vbgov com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p04 210 09 0 1 3 27.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Romao* & Hoar, Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street ORD-3639G, ORD-2674N G P I N: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarkc, Gcorgc B. Temple, Robert & Widgeon, Shannon Address: 7500,Atlantic Avenue ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name- Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map 1, t�, j /�jt�1 St(eet 141 .!\OL O'\r‘3,..... ---- _,,A % i -s)A - v FlaSAIM\ —`5---- 14:D\ e'Ls ' '\ Xj----3 :\ O'ir'e#'....' CO •,,,Th•••- k3, .R :N ) o "---1-\ ' 0 X--- //// ,mil/ e3 L - OD /'� 75th S•trast ' y\ _- 0 t ti ifl- NE) P-1 0s i- \ , %� �". \-_\___s-- ory_ R 5R NE)\_____.\..._:....„___,.._ , 0 , 3, 0 0 0 �.�} � trees ,,,, . ____t _, : , , . , \\----------c,, - G v-3u ,_,_---f,,____------ ,4,,st — R- (-NE) �"` _ I' ft)ZROSIE) N ® site James T. Cromwell, Esq. w . i E Property_Polygons Alleys and lanes adjacent to properties ',.. [ zoning located along 75th & 76th Streets s Parking Lot Drive Aisle tocam---Amm.----��-;]Feet Building 0 2040 80 120 160 200 240 • �,jf� z �4.i �r i�4- f rt t' •. r-{r'ti,e.J 4 AT' ;`L.i.-'" �. = t." - - '�` � z''� sh R•� 1"4.L. i�� s, �''•',. r�r,.�:'.n<e4 d�e.rl:.S �$.'kt:.;^:su:/ APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property I I Disposition of City Modification of by City — (Property __ Conditions or Proffers Alternative 1 Economic Development Nonconforming Use Compliance.Special i Investment Program Changes - Exception for _ .— , 1(EDIP) __ Board of Zoning Encroachment Request Rezoning Appeals — Certificate of Floodplain Variance Appropriateness i-- -_ _ ..... -----.... :...._....._. Street Closure (Historic Review board 1 Franchise Agreement 1 Chesapeake Bay � IPreservation Area Lease of City Property Subdivision Variance Board I Conditional Use Permit { [ cense_Agreement _ : 1 Wetlands Board The disclosures contained in this form are necessary to inform pub&el trials wh" may vie on the application as to, vsbettice they have a conflict of interest under Virginia tam/. SECTION 1 / APPLICANT DISCLOSURE r I Olt Uii USE ONLY/A.I disc-os::.es mast be Ot dateri IrX�t2 rv?ess pilot to r.ny ! Page 1 of 7 Fla m..9(umniuSiu,i.antl cit.Cuwu.tl mretitu i that uis to 1) .-p1jIiralu;n±5) i ! i 0 APPLICAWl VON ILI)OI MEANING DATE 1 j i ,r INK)f_HANGES AS OF i}ATE ,j . fZ3- y,-__•F: . REVISIONS SU6t+511"rl`D CAIk l James T.Cromwell, Esq. Agenda Items 2&3 Page 11 • j:r . `c:' Re , !,. yTie.. q^ : 4 T Y °1a S fZ �"� at ' i ` !,:: , ! c ..A.-`k :. .'4 i, i 4dJ'•4• k t t !7 tp. tl'�'jai."IXCS W l ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. DCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:____—____________________ If an LLC,list all member's names: If a CORPORATION, Ilst the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 WAY if pronert v rimer is offer pt from App1kcitt. n Check here if the PROPERTY OWNER lc NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here If the PROPERTY OWNER 4 a corporation, partnership, firm, business. or other unincorporated organization,AND TF'Oat', complete the followong. (Al List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 -.oat- ,'� i n•�mx • a tii7F-ia•:`f, �TW�•' l :i"'{.Y:i� � :' �'. . .f gi-` 1 -� '.,.:As fi:• "y 'w.�"in.''.ice bC •3 .;:,„.--,..—._-:;.7,_'c-,,...:_-',:,::..7. -- Vlifniu$earn If a Corporation,list the names ofall officers,directors. members,trustees, etc. below: (Attach list If necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1-Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity.Oil a controlling owner in one entity it also a controlling owner in the other entity, or (it) there Is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or Anv business operating or to in prkerajed on the Property, If the answer to any Item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 13 APPLICANT �lftgnae B cP, _ YES NO SERVICE [PODEIT tusc trona!sheet:If , Dirj Accounting and/or preparer of your tax return n M Architect/Landscape Architect/ Land Planner Contract Purchaser cif other than I ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 1 1 Rij purchaser of the subject property t��i (klentify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents I WPL _ . Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElC Legal Services Sykes,Bourdon,Ahern 8,Levy,P.C. Real Estate Brokers/ -- -- ® Agents/Realtors for current and anticipated future sales of the subject property �'.y ..il fir...c.....z. -r .c(c..lrrnt,rr•-w. • -- -_ x.YW r•n'r---�acRrv.mr_.res>csT1A[tzc'ufY+a.J`.•w.w+u...¢r-...�ri SECTION 4. KNOWN INTEREST-PitY PALDC OFFlCOAL OR �^4' EMPLOYEE YES �� ,_____.__ .__ „_..._. _._.__ ._tl. _.. ._y Does an official or employee of the City of Virginia Leach have n ® an interest In the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? 1 _ 1I _ Page 4 01 7 ! 1 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 i, CERTIFIC.ATIOP1: I certify that all of the a 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 Manning Commission, Council, VEDA meeting, or meeting off any public body or committee In connection with this Ao lication. Ale James.T.Cromwell,Receiver 7/0612020 Aoya AWI C tiATUR t PRINT NAME DATE { Page 5 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 216A AND 216E 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 300 sq. ft. of an unimproved right-of-way adjacent to property located at 216A and 216B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639M) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021 ; 16 17 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674H), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions of the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639M), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPINs: 2419-57-8093-1216 and 2419-57-8093-2216 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: tuil bo. )a,A-a—P- L_ACLU City Attorney tanning Department CA16074-9 \\vbgov com\dfs l\a ppl ication s\citylaw\cycom 32\wpdocs\d0241p035100746979.doc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name:Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernett & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street - ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street- ORD-3639G, ORD-2674N G P I N: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67.0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. Address: 210 76th Street ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrstcn M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map 1, r\ \E\::6CISJ �,�' - 76thstseet R=S�R( � t s";__\1- :)‘V3, . 1-ii t 0.,, .\1.----\ . \:_t_ I--\ st oR,sfi _el ‘ ._ treet-- 01 Tel ,.\ c\li c_.--‘) 1\ no \ - ..R ..N E 0 ' -1-r-j-3 ' '''AI'..--�� c W µ,".*- —1-.\ ' ° --) ,_ . "_:---,-t30C--.Th--3 \D3 i•/re?"" ‘icit 0r V % treat 75th S Y- 7. c;), 0 \_:,-, \-- , • . • ... •i \ to RTNE) P-1 . a r----\ Cl\ ' 4 oC 0,_ 53, ` --� ? 0 at Dr--- 0 tree ci---\ _mil 7 --- op St VII-- c R-5 (NE) -SR N.E) N ® Site James T. Cromwell, Esq. �, �`;` � E Property_Polygons Alleys and lanes adjacent to properties C Zoning located along 75th & 76th Streets 3 Parking Lot Drive Aisle Feet Building 0 2040 80 120 160 200 240 gip.,,- R . �A.�''t k rbS�3 1+"��',:.?it ��"y��.{+�y'�� rr" a?�'r' E a - S��o c -_ r 4414i . "1"`1-140:�T.v a: �5 i , -"' il- VtfViiiiil' APPLICANT'S NAME James T.Cromwell, Receiver __.,,i._ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council, Such applications and matters include,but are riot limited to,the following: Afquisition of Property l Disposition of City Modification of��" I by City l Property Conditions or Proffers_ Alternative --� }Economic Development Nonconforming Use I Compliance,Special I Investment Program Changes . .J Exception for _ l(EDIP) -__.�_ Board of Zoning 'Encroachment Request Rezoning Appeals , _._._ Certificate of I Floodplain Variance Appropriateness Street Closure • (Historic Review Boardl_ Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board - _ _ Conditional Use Permit License Agreement Wetlands Board The enclosures contained in train co,rm are necessary to inform pubik officials who may vote en the application AS to vvbeitter they have a conflict of interest under Virginia law. iMs.x-.o..R1.i:.Er..__n.r p...]")vrC_..•n JaAti.CrNY.:u.t.. ....T-'JZ"n'..-.. . .......u........- -. n..... .�kisR+u.rlit. .iv.iJ.y_x.., SECTION 1 / APPLICANT DISCLOSURE bit CITY USE ONLY/Ad thsc-os::res mast be updated trn�Q.w?ees piinr to r.ny_ ' Page 1 of 7 Pirnunny(umniusw,i dad Cir.Cuwu.tl niretuur that certauls to ti,e:f,licaur'nr-s). ❑ APPLICANT NON ILO UI HEARING DATE y j -NO CHANCES AS OF DATE ;�/z.3"2„,,,,,,,,0 1 n_ -_ _REvtsioes sawn' CAIE I I James T.Cromwell, Esq. Agenda Items 2 8 3 Page 11 .'s.*' 1tr.7 y! 'T�"fxL" <" �.;o S•3{ - . :7f' ;l'u '"''�@tom 'reta.a•` s ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: If a CORPORATION, list the the names of ail officers, directors, members, trustees, etc.below: (Attach list if necessary) (R) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary). See next page for information pertaining to footnotes t and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if aronerty owner Is different from AIkcjet• n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here If the PRQPPRTY OWNER IS a corporation, partnership, firm, business. or other unincorporated organization,AND THEN, complete the followsng. (Ai List the Property Owner's name: If an LLC,fist the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 -if. a'*".i... :u ili•.c..... :7s, r 4 : •.'. tti =..:--.z'-1: .a_.. .s,.i .3i-'..7"1,,1.l 4s4.•F��' Ott ti.' _'r; i,-, 3 ' .C.:4:'.1/14.;;. '6'isilia teiA it If a Corporation,list the names ofall officers,directors. members,trustees, etc. below: (Attach list if necessary) • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t-Parent-subsidiary relationship' means 'a relationship that exists when one corporation directy or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 -Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity it also a controlling owner in the other entity,or (Ili) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or thert Is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 �.-4>y.r..-.T,�r-err•--..--.,.(..i4.�IIA-21'IF..�z-��..�.-T.rvsGn=�4't t. .Oca�. G.T' SECTION 3.SERVICES ®ISCLOSU1 F Are any of the following services being provided in connection with the subject of the miJicatiori or nv business ooeratinn or to be overaied on the Property, If the answer to any Item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3of7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 13 't�. $; .y'L' l..-. 5► "aa.. .T..:{, ir.�+.r � a�Fi�� qu. �. tiS� �:.�'r1 '.' 7. .i. S,t...'s;`37'.- Lt'i;+{ilk," •.r .0 ". . ter:, APPLICANT Yttg n)c Bch [cij i fd0] 1 SERVICE 1 [PROVIDER lose snIdBtional sheets if �_ needed) D0 Accounting and/or preparer of your tax return r] ( l Architect/Landscape Architect/ I Land Planner D ® Contract Purchaser(if other than T V the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I 1 IX) purchaserof the subject property I (Identify purchaser(s)and purchaser's service providers) RIConstruction Contractors rI1 Engineers/Surveyors/Agents l WPL Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ixC Legal Services Sykes,Bowdon,Ahem&Levy,P.C. Real Estate Brokers/ — Df Agents/Realtors for current and anticipated future sales of the subject property SEC iON 4. KNOWN INTEREST 11Y PUBLIC OFFICIAL OR EMPLOYEE YES NO i Does an official or employee of the City of Virginia Beach have �j an interest in the subject land or any proposed development l�l i contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? r I I Page 4 of 7 1 l James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 '4:v •;f:z0V.4' '- 'X.,,, • ' '' L I - _ . ______ __ _____ _, ,.,„, ,....,„..,,,.. _,,,,,, ,„ t., ,,, ,, , ,r CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is 'complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this v Application. f . , 1/ fJames1cromweRec&ver7Jo6/2o2o. ll, 'I-' n� .4. ttANt'S SIG NATURE �.. PRINT NAME DATE inneerdim Ce.wary _ +. ,,x,.r ( Page S of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 218A AND 218B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 218A and 218B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639L) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-36741), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions attached to the aforesaid street closure 24 action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639L), upon application of James T. 31 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 35 of , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPINs: 2419-57-8032-0001 and 2419-57-8032-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: r?. t/1411-Ztrki City Attorney Planning Dep rtment CA16074-8 \\vbgov.com\dfs 1\applications\cityl aw\cycom32\wpd ocs\d025\p042100901330.d oc R-1 August 24, 2023 LIST OF ADJACENT PROPERTY OWNERS Re: Street Closure/James T. Cromwell, Esq. Receiver for Shore Realty Corporation (defunct) Owner Name: Short, Jr., Winthrop A. & Short, Jane R. Address: 203 75th Street - ORD-3639K, ORD-3674J GPINs: 2419-66-2926 (Lot 46); 2419-66-1995 (Lot 45); 2419-66-1978 (Lot 44)* Owner Name: Shotton, Patricia J. Address: 205 75th Street - ORD-3639J, ORD-3674K GPINs: 2419-66-1944 (Lot 43); 2419-66-1927 (Lot 42)* Owner Name: McClellan, Robert C. & Jane K. Address: 209 75th Street - ORD-36391, ORD-3674L GPINs: 2419-66-1903 (Lot 41); 2419-66-0975 (Lot 40)* Owner Name: Mitchum, Alex Bernell & Mary Elizabeth Catherine R. Mitchum, Trustee of the Catherine R. Mitchum Trust, dated August 31, 2010 Address: 211 75th Street -. ORD-3639H, ORD-3674M GPINs: 2419-66-0952 (Lot 39); 2419-66-0933 (Lot 38)* Owner Name: Hushon, John Daniel & Hushon, Christa Dallolio Address: 213 75th Street - ORD-3639G, ORD-2674N GPIN: 2419-56-9993 (Lot 36A)* Owner Name - Condo Unit A: Fields, Helen C. Owner Name - Condo Unit B: Morrison, Laura A. Addresses: 215A & 215B 75th Street - ORD-3639F, ORD-36740 GPINs: 2419-56-9954-0001 (Lot 35)* & 2419-56-9954-0002 (Lots 34)* Owner Name: West, Gerrie K. & West, Jr., Walter Herbert Address: 217 & 217A 75th Street - ORD-3639E, ORD-3674P GPINs: 2419-56-9902 (Lot 33)*; 2419-56-8972 (Lots 31 and 32)*; 2419-56-8950 Owner Name: Clarke, George B. Temple, Robert & Widgeon, Shannon Address: 7500 Atlantic Avenue - ORD-3639DD, ORD-3674D GPINs: 2419-66-2998 (Lots 8 and 9)*; 2419-67-3021 Owner Name: Arrington, Sam B. & Jane N. (Trustees) Address: 208A & 208B 76th Street - ORD-3639CC, ORD-3674E GPINs: 2419-67-0076; 2419-67-0055 (Lots 21, 20 and W. 1/2 Lot 19)* Owner Name: Koval, Patricia G. & Barry D. . Address: 210 76th Street - ORD-3639BB, ORD-3674F GPINs: 2419-67-0024; 2419-67-0003 (Lots 22, 23 and E. 15' Lot 24)* 1 Owner Name: Copley, Patricia H. Address: 214 76th Street - ORD-3639AA, ORD-3674G GPIN: 2419-57-9052 (Lots 25, W. 10' Lot 24 and E. 15' Lot 26)* Owner Name - Condo Unit A: Eysaman, Michael Joseph & Loree G. Owner Name - Condo Unit B: Dillard, Ray H. & Maureen P. Zapatero, Enrique G. & Mariella G. Addresses: 216A & 216B 76th Street - ORD-3639M, ORD-3674H GPINs: 2419-57-8093-1216 (Lot 27 and W. 10' Lot 26)* & 2419-57-8093-2216 (Lot 28)* Owner Name - Condo Unit A: Gill, Lorraine P. & Walsh, Joyce K. Owner Name - Condo Unit B: Worrall, Kristen M., Joyce C. & Douglas M. Grabill, Scott E. & Kristin H. Addresses: 218A & 218B 76th Street - ORD-3639L, ORD-36741 GPINs: 2419-57-8032-0001 (Lot 29)* & 2419-57-8032-0002 (Lot 30)* 2 Location Map , \ \. E\ -- S — 76' Street R' ,R( 0 S ill t . 1..... cr)R.0 ‘ thtre . c---.1) \ ;\ 0 ' 0 c *RN o ,,, ,01-_,'-,0. --.i-rS_.3\1...0\1-.--.--ic-°P-,"g- , ' C Y S qa � � 1-� tcee 1 ‘ IWANE) p-1s' \----rc i \---,- - &-\ Os ._ 53 _` `-1 --�‘ \3100 , treet y--t-t.-:\ FtriZIR . E) cr-\\ V- V.,_\ 3 ---1 DOVi <-1 cr7-1,_, Cr, �- De_ !i____......::-,:::_______-%------"'.44"stlibit. -- R-9 tNE) r1 r r 1 N ® Site James T. Cromwell, Esq. IV .4i E Property_Polygons Alleys and lanes adjacent to properties *3.F t Zoning located along 75th & 76th Streets s i Parking Lot Drive Aisle waa-'-llmit=..ma=l Feet Building 0 2040 80 120 160 200 240 p'�� =�•'fir• +: ',. ."� �yY'p. ' '�t: .'�:'- 'r�'.Lv::. 1r:•:: • �, 8..'�-r, '�i�.7:� �M iL-�:��''e.ei•••,�.:?.f��;�_ytf 4�� .,..'•,...•'.ifl`yl .r.11 .¢Ali'._. .'}�•. .s:. f+./�sa`dfr •f iw.• i. 1e-^,.y,„?:i'.:+C�Xr:ii ie,,,�v::$'t'i • w•i.� s ..� �_.' t tom✓`� APPLICANT'S NAME James T.Cromwell, Receiver DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Coundl or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of�� by City Property Conditions or Proffers Alternative Economic Development~ Nonconforming Use Compliance,Special Investment Program Changes Exception for_ ___._ (EDIP) _W Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness i • - Street Closure (Historic Review Board)_ Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board I _ - - Conditional Use Permit i [ e_Agreement ,Wetlands Board The disrlostIves contaitrtee ira thin form are necessary to inform pnbk offficithh who may vote Mil tthe application ES to whether they have a conflict of interest wider Virginia law. �'_1c_i'`t^'1•+' , .,— __ -.�•�c,Y.1'.L1�IS.G�.•tiJat Y L1'.i'� `vL-n:t -L.az++.as.11 SECTION 1 / APPLICANT DISCLOSURE j 1 Olt Ci1Y USE ONLY//ul disc:os::,es ot;lsl be updateri ivrc,i2.:v?ers piicr:to any ' Page 1 of 7 Pldn�tiny(on)1:pissrop:dnd Cuf.Cuwu.il inretitw that lau)s IU t)te izatcatu;nfsl. j 0 APPLICAN1 NO11I MD OE HEARING DATE' NO f_NANC13 AS OF. DATE . Z3 REVISIONS SU6f,5I ITD CAI L `% James T. Cromwell, Esq. Agenda Items 2&3 Page 11 Ay xN. sue. �t `B�eh 02- Check here if the APPLICANT. IS NOT a corporation, partnership, firm, business,or other unincorporated organization. DCheck here if the,APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_____.____________ _______�____ if an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 raj),If property owner Is Offerient froj p Ikant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ei Check here if the PROPERTY OWNER L5 a corporation, partnership, firm, business. or other unincorporated organization,ARID THEN, complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's names: Page 2 of 7 James T. Cromwell, Esq. Agenda Items 2 &3 Page 12 " ` �• rd r 'fit r ' � ✓S` 9 ' TX:t � 3_ rX y , - 7s:Y.i S.i 42r}pl..', ti.:E Viiii ante If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (E) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Aerach list if necessary) t`Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity it also a controlling owner in the other entity,or (It) there Is shared management or control between the business entitles, factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular bash; or there Is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the goplicatiorl or pnv business oneratirr4 or to be operated on the PronertY, If the answer to any Item is YES, please Identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 13 • ',0 'F ' .k • 't:• 1•1 1 ..� {a K .r'r 1 >t,ii -;. [ii ): f APPLICANT v is ryES1 I NO 1 r .-. SERVICE _ [PEuhts It 0 '!4 Accounting and/or preparer of your tax return El (5 Architect/Landscape Architect/ 1," Land Planner Contract Purchaser f if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed r l RI purchaser of the subject property �JE (identify purchaser(s)and purchaser's service providers) ® Construction Contractors rIs I Engineers/Surveyors/Agents WPL Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) N' L Legal Services Sykes,Bourdon,Ahem&Levy,P.C. ~ Real Estate Brokers/ 0 ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL®R EMPLOYEE Y S N O i Does an official or employee of the City of Virginia leech have M an interest In the subject land or any proposed development l contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 14 f r i .r y Y i::'a09 Y CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form is 'complete,true,and accurate. k I understand that, upon receipt of notification that the application has been t scheduled for public hearing, I am responsible for updating the information i provided herein two weeks prior to the Planning Commission, Council, VEDA meeting. or meeting of any public body or committee In connection with this • Application. Ac4(fin— /II James T.Cromwell,Receiver 7/06/2020 !, giwItAIVT'S SIGNATURE s`- j I PRINT NAME DATE c1aL+s- ^>. as... cin7a;'fi ''''r..,Tc...."' Page 5 of 7 James T.Cromwell, Esq. Agenda Items 2 &3 Page 15 .4-( nor.,,,,•:Li,�T r.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 Sq. Ft. Portion of an Unimproved Right-of-Way Adjacent to the Rear of 317 45th Street MEETING DATE: September 5, 2023 ■ Background: On September 7, 2021, by Ordinance ORD-3674A, City Council approved the request by Jeffrey and Paige Madrigal (the "Applicants") to close an approximately 334 sq. ft. portion of an unimproved right-of-way (the "Right-of- Way"), adjacent to the rear of their property located at 317 45th Street (GPIN: 2418-87-5164), for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. It has been determined that the purchase price to be paid to the City shall be $12,358.00. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicants shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. On August 2, 2022, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3674A. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinance ORD-3708E, approved the extension until September 6, 2023. The Applicants have submitted a resubdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 21, 2023, the Applicants requested additional time to satisfy said conditions and staff concluded that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department 0 (C/ City Manager: 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 334 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 ADJACENT TO THE REAR OF 317 45TH STREET 6 7 WHEREAS, on September 7, 2021 , the Council of the City of Virginia Beach 8 acted upon the application of Jeffrey and Paige Madrigal (the "Applicants") for the 9 closure of an approximately 334 sq. ft. portion of an unimproved right-of-way, adjacent 10 to the rear of their property located at 317 45th Street (GPIN: 2418-87-5164); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3674A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 6, 2022; and 15 16 WHEREAS, on August 2, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure and, by Ordinance ORD-3708E, 18 City Council approved the extension until September 6, 2023; and 19 20 WHEREAS, on August 21, 2023, the Applicants requested an additional 21 extension of time to satisfy the conditions of the street closure. 22 23 NOW, THEREFORE. BE IT ORDAINED by the Council of the City of Virginia 24 Beach, Virginia: 25 26 That the date for meeting conditions of closure, as stated in the Ordinance 27 adopted on September 7, 2021 (ORD-3674A), upon application of Jeffrey and Paige 28 Madrigal, is extended to September 6, 2024. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 31 of , 2023. 32 33 No GPIN Assigned (Right-of-Way) 34 Adjacent GPIN: 2418-87-5164 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 6Q_a ukt,-/-tomi City Attorney Planning Department CA16234 1\vbgov com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p046\00908609.doc R-1 August 29, 2023 Location Map \r- \ K R-7.5 i ' L__________________-- C. I I : 0 -7.5 R-20 __ 4.ii% \ 1 Legend Jeffrey & Paige Madrigal ®see Alley adjacent to 317 45th Street n Zoning ParkingLol Drive Aisle a_' 0 60 80eet 14$1i 0 10 20 40 60 80 I I Building S - .,Ya.'4 ;. .q• per. . ..... 'l. �.. ..+`, rt 4f^^'V - Tsctogul':e::$ta`.t'em:e:ntt•F,:' . ti .�.. C i•�ti.f.Y�a .:"'' 'kv. ^l�..f..J, l APPLICANT'S NAME Jeffrey&Paige Madrigal` DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications. that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) _ Board of Zoning Encroachment Request Rezoning A eats E Certificate of Floodplain Variance Appropriateness - --- - Street Closure (Historic Review Board) E Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board Tate disclosures container in this form aka, uectdsesy inform ptbisc officiass who ray vote on the appIkkiatIon as to whether hey hitve z.:confiict of interest under Virgins SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/MI disclosures roust be updated two(2)weeks prior to any Page 1:of 7 Plannin Commission and Co Council merlin that erteins to the a licalion(s) APPLICANT NOT1f1ED Of HEARING DATE: NO CHANGES AS OF. f=� OAT . ZZ 0 1 REVISIONS SUBMITTE❑ I DArE Jeffrey&Paige Madrigal Agenda Item 6 Page 7 OisclosureSX•a".tei e;n-t 4. • Virginia 13eec11 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ID Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jeffrey&Paige Madrigal Yw_! If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes] and 2 /� .. . n .w._...sa.w.�., .•.�_......_*--.._..v...-�-r.a-wr#x..+�+rr.��.�u,_..._.�.........-...�.i:t4r+_.,-.� -....s. __ -..-wwr�r+.u�uy ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different Irons Ada ® Eij Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's _________� If an LLC,list the member's names: Page 2 of 7 Jeffrey& Paige Madrigal Agenda Item 6 Page 8 Di•sc1os ire.S3t�atement *_.. • y •._. n. \" S•• .. .4':4. ,w 7 +ri 4 wM ••••. Ve inia each If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (b) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity. (li)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets:the business entities,share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or.there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or an business o ratina or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF.THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Jeffrey&Paige Madrigal Agenda Item 6 Page 9 ®`ititait reStatem.ent :) ;:.:; •- xf • 4 r r • i .✓- �:� - Sf' � S - S h 1 •b,- n - - , APPLICANT v! cgataia Seach YES NO SERVI CE PROVIDER^(use additional sheets If needed) Z Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect Land Planner Contract Purchaser(if other than, ® the Applicant) identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 151 Construction Contractors E ❑ Engineers/Surveyors/Agents WPL Financing(include current mortgage holders and lenders FedeadthectIRlfriterh ,AiEr xf selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Jeffrey&Paige Madrigal Agenda Item 6 Page 10 • Dis;c:1:osur=e.bSta:t:e.me�nt' �. }r. . • ;t. 5: ::.;.. v, ••<> '" i •. i,t "ifs' '{;c `'�+,,.. •� Vieginie Beach i CERTIFICATION: I certify that all of the information contained in this Discbsure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been "scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication. p aniz " Jeffrey Madrigal G_2 fl7 CANTS IGNATURE I PRINT NAME. DATE Paige Madrigal • Page 5 of 7 Jeffrey&Paige Madrigal Agenda Item 6 Page 11 [ ro'uty".stik, (.: 4. "`w�lea CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal, located at the rear of 2240 Windward Shore Drive MEETING DATE: September 5, 2023 • Background: Gretchen H. Fisher and Albert Teal Fisher, Jr., Trustees of the Survivor's Trust created under the Albert and Gretchen Fisher Joint Revocable Trust under Agreement dated December 19, 2017 (the "Applicants") have requested permission to construct and maintain a boat lift, a wood dock, and a portion of a wood pier (collectively, the "Temporary Encroachments") into City-owned property known as Treasure Canal, located at the rear of the Applicants' property at 2240 Windward Shore Drive (GPIN: 2409-09-8146). • Considerations: City Staff reviewed the Temporary Encroachments and recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map, and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 0 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 TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2240 WINDWARD SHORE DRIVE 9 10 WHEREAS, Gretchen H. Fisher and Albert Teal Fisher, Jr., Trustees of the 11 Survivor's Trust created under the Albert and Gretchen Fisher Joint Revocable Trust under 12 Agreement dated December 19, 2017 (the "Fisher Trust") have requested permission to 13 construct and maintain a 12.5' x 12.5' boat lift, a 49.2' x 6'wood dock, and a 4.02' portion of 14 a 4'wide wood pier(collectively,the"Temporary Encroachments")within the City's property 15 known as Treasure Canal, located at the rear of the Fisher Trust's property at 2240 16 Windward Shore Drive (GPIN: 2409-09-8146); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Fisher Trust, its 27 beneficiaries, assigns and successors in title are authorized to construct and maintain the 28 Temporary Encroachments as shown on the map entitled: "EXHIBIT A ENCROACHMENT 29 EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. 30 FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S TRUST 31 CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST 32 UNDER AGREEMENT DATED DECEMBER 19, 2017 LOCATED ON LOT 56, BAY 33 ISLAND, SECTION ONE M.B. 45, PG. 37 GPIN: 2409-09-8146 CITY OF VIRGINIA 34 BEACH, VIRGINIA," Scale: 1" = 50', dated March 1, 2023, and prepared by Gallup 35 Surveyors & Engineers, a copy of which is attached hereto as Exhibit A, and on file in the 36 Department of Public Works and to which reference is made for a more particular 37 description; 38 39 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 40 expressly subject to those terms, conditions and criteria contained in the agreement 41 between the City of Virginia Beach and the Fisher Trust(the"Agreement"), an unexecuted 42 copy of which has been presented to the Council in its agenda, and will be recorded among 43 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as the Fisher Trust and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ti4 A efi - ()(Va P1LJBLIC WORKS, REAL ESTATE NELL L. FORD J ASSOCIATE CITY ATTORNEY CA16055 R-1 Prepared: 05/5/2023 11vbgov.comldfsllapplicationslcitylawlcycom321wpdocs\d0011p041100882802.doc p0 P� SEE SHEET 3 FOR ADJACENT OWNERS, \,� GP� LINE TABLE &CURVE TABLE. ''S''S N EX. 6' WOOD 1 , ' DOCK TO BE/ PS QG•5 j REMOVED r j Vv� APPROX. MHW EX. WOOD 8" WOOD N BULKHEAD i- in- APPROX. MLW PIER TO BE AD ,ie. REMOVED i . m MLW—MHW ALONG v 2" WOOD 0 () EX. BULKHEAD BULKHEAD cpr c MHW ALONG BULKHEAD O �I 2" WOOD BULKHEAD 3 01 6" WOOD BULKHEAD cc% () 2" WOOD BULKHEAD A 8" ALUMINUM EX. BULKHEAD BULKHEAD LOT 56 aN-3 I.N. 202103042347 O ul c3`� VD 2. 2 STORY Oi RESIDENCE # 2240 cP 3 C� sC) sr. 10 �.` G !' �p,LT$O 0 1st �I ,� S`:` A`) cktO eik dR. � �,0 31 O � �5d S ��co �� \ 9 �` 5'U ' - O g'DA IIUTLER Q • c.No. 38395 �QO ,,23,,,,, EXHIBIT A sl �C ENCROACHMENT EXHIBIT SHOWING WOOD PIER, ONAL -- WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL 0 50 100 FISHER, JR., TRUSTEES OF THE SURVIVOR'S Wiiim=miml TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DEC EMBER 19, 2017 LOCATED ON GALLOP LOT 56, BAY ISL AND, SECTION ONE SURVEYORS & ENGINEERS M.B. 45, PG. 37 GPIN:2409-09-8146 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 'v+ (757)428-8132(757)425-2390 FAX „_ Scale: 1 -50, I Date: MAR. 1, 2023 I Sheet: 1 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 4c,ALIti 0, O � % 1 ri ) DA UTLER '�5,31' ieq 4. c.No. 38395 N if O .44 - A, �8� PROPOSED 13�p6, i ,4- m `YIONAL P4 12.5'x12.5 BOAT LIFT 24.60• `''o PROPOSED 6'WIDE WOOD DOCK wo� 'ao. (IN SAME FOOT PRINT AS EXISTING) • '``'o. `co. b'S • ® �Q' �, • *la o, 6.96 000 CT "7 • O0�� 10 4 000 4& 146 tr) Q 7 Q�.Q cP 4 -" ato Q� o� 00 .q, 00 , p. _is - gyPROPOSED 4, rk w3 V` ***4• 4'WIDE 0 -� • WOOD �l�j PIER 0..4 la cb a3 APPROX. MHW o + low APPROX. MLW EX. BULKHEAD LOT 56 I.N. 202103042347 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S 0 50 100 TRUST CREATED UNDER THE ALBERT AND 11%elmimUmmimil GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 LOCATED ON GALLUP LOT 56, BAY ISLAND, SECTION ONE SURVEYORS & ENGINEERS323 M.B. 45, PG. 37 GPIN:2409-09-8146. FIRST COLONIAL ROAD CITY OF VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: MAR. 1;2023 I Sheet: 2 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 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 dUS- day of IU‘ 2023 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GRETCHEN H. FISHER and ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017, ITS 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 "56," as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February 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 45, at page 37, and being further designated, known, and described as 2240 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 12.5' x 12.5' boat lift, a 49.2' x 6' wood dock, and a 4.02' portion of a 4' wide wood pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPINs: CITY PROPERTY KNOWN AS TREASURE CANAL(NO GPIN ASSIGNED) 2409-09-8146 (2240 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S TRUST CREATED L UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 LOCATED ON LOT 56, BAY ISLAND, SECTION ONE M.B. 45, PG. 37 GPIN: 2409-09-8146 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 1, 2023, 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. 2 Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments 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 Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 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. 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Encroachments 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 Encroachments; 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 Encroachments are 4 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, Gretchen H. Fisher and Albert Teal Fisher, Jr., Trustees of the Survivor's Trust created under the Albert and Gretchen Fisher Joint Revocable Trust under Agreement dated December 19, 2017, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GRANTEE: SURVIVOR'S TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 By: 04- va Gr chen H. Fisr, Trustee By: .7'ivee Albert Teal Fisher, Jr., TruOht1aLD4(/ STATE OF Ntif ih1 CITY/ OF\J . to-wit: The foregoing instrument was acknowledged before me this t`_h day of , 2023_, by Gretchen H. Fisher and Albert Teal Fisher, Jr., Trustees of the Survivor's Trust Created Under The Albert and Gretchen Fisher Joint Revocable Trust Under Agreement Dated December 19, 2017. (SEAL) N` ,�►�bIic LEE <• Notary Registration Number: 1.31p1Imo, _ :0 OF Z; \yel\-.1.?":?Gile:1/0 •My Commission Expires: lb 31 ,RnoR3 lgRYPv......, ►►$g$S APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM . . 1--j\(„/0 P BL C WOR S/REAL ESTATE N L L. FORD ASSOCIATE CITY ATTORNEY 7 Op0 P�, SEE SHEET 3 FOR ADJACENT OWNERS, V��, GP� LINE TABLE& CURVE TABLE. �� EX. 6' WOOD �� -1 / DOCK TO BE N P`•" QG•�' j REMOVED ro �c c o� C�. t 6 APPROX. MHW 8" WOOD N • EX. WOODBE BULKHEAD dt- APPROX. MLW PIER TO -0 ,/� REMOVED i . cd MLW—MHW ALONG 2" WOOD tf) O' EX. BULKHEAD BULKHEAD P. MHW ALONG BULKHEAD 0 J '+ 2" WOOD BULKHEAD 3e O, 6" WOOD BULKHEAD 10 2" WOOD BULKHEAD A 8" ALUMINUM EX. BULKHEAD y BULKHEAD LOT 56 N� I.N. 202103042347 O ti O. C3cP„ ul t,0i a. 2 STORY RESIDENCE # 2240 %.9 % (.0 '?'- 1--) c'\ 4./vp,LT$O� Cj'�`O ). , 'co �1 gyp , l 0 ci \1Ae°;V "D- NIN\ (.3::C'C'.51 A rER O Q • c.No. 38395 '0 �\ 2��,w� EXHIBIT A 4.�s ENCROACHMENT EXHIBIT SHOWING WOOD PIER, sIONAL �� WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL 0 50 100 FISHER, JR., TRUSTEES OF THE SURVIVOR'S 11%.6.1iiiiiml TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 '' GALLUP LOCATED ON LOT 56, BAY ISLAND, SECTION ONE SURVEYORS ENGINEERS M.B. 45, PG. 37 GPIN:2409-09-8146 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH,VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=50' I Date: MAR. 1, 2023 I Sheet: 1 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 ��ALTIi o O� G1 o DA j 1 '. UTLER 1y,3N• _ c.No. 38395 N7.0 N Sri it o•> �/ �w PROPOSED NS 06• m sSIONAL v,�� 12.5'x12.5 BOAT LIFT \ cr.:61: tft,:-\\ PROPOSED 6 WIDE WOOD DOCK o(IN SAME FOOT PRINT AS EXISTING) • aS.�� `,d'. \,/ Q0 • .4, (3 Q' Cr o3. `( . 4' •S 66' cp. Ac � A61°1� N,. •u 11 z- ate° Z4io•Poo 00 •`- mg). *N. . ..4 PROPOSED 'Po, Ok w 4'WIDE 0 s� •A`� � WOOD PIER oN la ^3 APPROX. MHW + o �co. APPROX. MLW EX. BULKHEAD LOT 56 I.N. 202103042347 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S 0 50 100 TRUST CREATED UNDER THE ALBERT AND Miiiill.6m6m GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 GALLUP LOCATED ON LOT 56, BAY ISLAND, SECTION ONE SURVEYORS&ENGINEERS323 M.B. 45, PG. 37 GPIN:2409-09-8146 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 I ' (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: MAR. 1, 2023 I Sheet: 2 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 ADJACENT OWNER. KEY NOW OR FORMERLY LEGAL GPIN INSTRUMENT INSTRUMENT ODAVID H. & BETH B. DARROW LOT 55, BAY ISLAND, SECTION ONE 2409-09-7055 I.N. 200509020140924 M.B. 45, PG. 37 DON A. & JANE E. MYERS LOT 53, BAY ISLAND, SECTION ONE 2409-09-6220 Al‘ I.N. 200207313010058 M.B. 45, PG. 37 JAMES it G. CURRIER LOT 57, BAY ISLAND, SECTION ONE 2409-09-9252 I.N. 202103093748 M.B. 45, PG. 37 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD C 1 05'33'46" 400.00' 38.84' 19.43' S 62'11'27" W 38.82' LINE TABLE 1. THIS PLAN WAS PERFORMED WITHOUT THE LINE BEARING DISTANCE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN L1 S 59'24'34" W 66.17' ENCROACHMENT REQUEST ONLY. L2 N 17'34'37" E 42.46' 3. THE PHYSICAL FEATURES.SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY L3 N 38'14'37" E 41.00' COMPASS & CHAIN, LLC DATED NOVEMBER 16. L4 N 67'11'07" E 56.95' 2021 AND BY AERIAL IMAGERY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. /tp,LTr O� O EXHIBIT A v A Ili . UTLER ENCROACHMENT EXHIBIT SHOWING WOOD PIER, c.No. 38395 WOOD DOCK & BOAT LIFT ,c_ 'PP \�2 ,w FOR GRETCHEN H. FISHER AND ALBERT TEAL ss 6ti FISHER, JR., TRUSTEES OF THE SURVIVOR'S ZONAL TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 ; GALLUP LOCATED ON iVIRGLOT 56, BAY ISLAND, SECTION ONE SURVEYORS &ENGINEERS 323 FIRST COLONIAL ROAD M.B. 45, PG. 37 GPIN:2409-09-8146 CITY OF VIRGINIA BEACH, INIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: NA I Date: MAR. 1, 2023 I Sheet: 3 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 ADJACENT OWNER KEY NOW OR FORMERLY LEGAL GPIN INSTRUMENT INSTRUMENT lapDAVID H. & BETH B. DARROW LOT 55, BAY ISLAND, SECTION ONE 2409-09-7055 I.N. 200509020140924 M.B. 45, PG. 37 DON A. & JANE E. MYERS LOT 53, BAY ISLAND, SECTION ONE 2409-09-6220 0 I.N. 200207313010058 M.B. 45, PG. 37 et JAMES G. CURRIER LOT 57, BAY ISLAND, SECTION ONE 2409-09-9252 I.N. 202103093748 M.B. 45, PG. 37 CURVE TABLE CURVE DELTA RADIUS. LENGTH TANGENT CHD BEARING CHORD Cl 05'33'46" 400.00' 38.84' 19.43' S 62'11'27" W 38.82' LINE TABLE 1. THIS PLAN WAS PERFORMED WITHOUT THE LINE BEARING' DISTANCE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN L1 S 59'24'34" W 66.17' ENCROACHMENT REQUEST ONLY. L2 N 17'34'37" E 42.46' 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY L3 N 38'14'37" E 41.00' COMPASS & CHAIN, LLC DATED NOVEMBER 16. L4 N 67'11'07" E 56.95' 2021 AND BY AERIAL IMAGERY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. ��NITH 0�' O÷ I, G� EXHIBIT A A illjii- �li '4. UTLER ENCROACHMENT EXHIBIT SHOWING WOOD PIER, c.No. 38395 WOOD DOCK & BOAT LIFT 16,c. 0 -5'\ ,�,�' FOR GRETCHEN H. FISHER AND ALBERT TEAL 4ss 0 FISHER, JR., TRUSTEES OF THE SURVIVOR'S TONAL E�. TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 LOCATED ON `` AlGLUP LOT 56 BAY ISLAND- SE CTION CTION ONE SURVEYORS &ENGINEERS M.B. 45, PG. 37 GPIN:2409-09-8146 7)4 FIRST COLONIAL-ROAD CITY OF VIRGINIA BEACH, VIRGINIA - VIRGINIA BEACH,VIRGINIA 23454 4 (757)42s-s1 32(757)425-2390 FAX Scaler NA I Date: MAR. 1, 2023 I Sheet: 3 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 , — ,., , _ _ , e .-, -.`7,75 .-t„)Ifsiiiity.1,;:-/i...•.,, ....,..;--;.:',...--,i'v• -Igig.S.,s• .,,:t.,..• ...,42,.."-v._•,--e_ N. ..- 1-4., 1 \, - . - ,. -• - ', -.. , -- -- ,,,,A.,- Nr--..,...-i.‘,4::: i. ---- • -/-- 1 f.„:, ,,,,,g.4-.,-...4,,,„.... _,..,":"....,,, .- ',4". - • I '',',..1... , ...e.,*... ,:.--.-,,.z,.:.x:, -.„ ..:„z, _,.1•.-..-...1. ---.• , .4 r,1 04. .:-., ,^e.enct,„,...--,w,o,hlts.. -,..-.., ,. . ...: , .... , ,,,r;f.,-'‘`-'i, .,,-?:-,. ‘;C'tC-' -,' I."'--'.1;,1 - ..,. . ,' "--‘'t ": -•,i4,:ltia7071:0.6.1*A VE,----a%t: ,r,Z_:',.7 4 --&.! -• i. !kit, ,,,t,-•" *••!,-•,..-,,,-,.••.1. , .:.;4.:1:._, Nk ,.,,,t,' . ,. -, .• . . . . 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I ar rr �.- W E � Y S ♦r • "� _ .,t t_ ha• ,* ' iiri;•: -• ,•,...{.7-,2„.„ - — • • ' G '` - ,.` 'j� :::,.i.,'',:ie . �, r art 1 41 .. ._.,. -4,vc - • ,I. a. _ y ' ' • i V! ...,,ts gin`: �� ii ,, /1 .. y Iiiiior �" fr b +�. s �r,�ar, �j r + e-:. yam, .. WIND* , ': _ 1�t' r f. e Ak v. a , b; :tl ¢ �'tom, 41k 1 iti !f 4, !•, 4'. i-rr1 'tom"`. •,° 4 tt P� .,,,"'. , '" t y4 " e ` 45 w 3M ' w� rr-• ,.,4114".rg`TORITi. ''''gfitiSa • RD , 1110 olit, t 1 D -peer inn ^ , : b; , ti ,, ASHORE v . , .0 ,0 , , .4, , , , • , ,„ .., . ..,,,„ , .. ,li'0.41%,;, ' .', ''''' 0 .` -- ' .. A t . , /' r ,,� LOCATION MAP v, 'b � { *� ti,. .. ENCROACHMENT REQUEST OAP,aI. • `e-` tz a.- ?.� ,•F , �` r FOR GRETCHEN H. FISHER c. r w"; , : AND ALBERT TEAL FISHER, JR. 1 TRUSTEES OF THE SURVIVORS TRUST Legend e• ?` t -'1 't 2240 WINDWARD SHORE DRIVE i " "'�� t GPIN 2409-09-8146 2409-09-8146 �: City Property w - Feet 4 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 03/17/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS12409-09-814612409-09-8146 Aerial.mxc Disclosure Statement Ni3 City of YUginza&rich 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 6r2VC ,0 R- hS her , 1�z�'t �e�� V-6hAQ f. TrJS TeeS 0�Thy vftd«T,e AIh "Ta-Ills‘,crald 6LWi e"i 1-1-.R.5 'JOiAJT Does the applicant have a representative? ❑ Yes 'No £felQc k Ole Trot Fall f Dec., ( 207 • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes (' l 4o • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement City ofVfryoiia Beach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes %NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes WNo • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes f 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 INC/No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement .\B City of Virginia Beach Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? tA Yes ❑ No • If yes,identify the company and individual providing the service. Cblth V\gr'the (Dh-tucMDA 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? EA Yes ❑ No • If yes,identify the firm and individual providing the service. GaIlur 6urVekkor6 a 1=n1iineexi 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ll L (,4 L r Applicant Si ature AIrf €'fi ei N I . Fi \l er A.Pd� o-i Fs keric, Print Name and Title c.) )\/ Z b / 1D2 3 Date Is the applicant also the owner of the subject property?a0'Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e due tiyh ',:�77 FZ> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Lake Holly, located at the rear of 703 Arctic Avenue MEETING DATE: September 5, 2023 • Background: James A. Hart (the "Applicant") has requested permission to construct and maintain a vinyl bulkhead and a timber pier (collectively, the "Temporary Encroachment") into City-owned property known as Lake Holly (GPIN: 2427-23- 1671), located at rear of the Applicant's property at 703 Arctic Avenue (GPIN: 2427-13-9460). • Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Lake Holly, which is where the Applicant has 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, Photos, Location Map 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 INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE HOLLY, 7 LOCATED AT THE REAR OF 703 8 ARCTIC AVENUE 9 10 WHEREAS, James A. Hart (the "Applicant") has requested permission to 11 construct and maintain a proposed 74' vinyl bulkhead with a 12'and a 13' return and a 16' 12 x 8'x 6'timber pier(collectively, the"Temporary Encroachment') into City-owned property 13 known as Lake Holly(GPIN: 2427-23-1671), located at the rear of the Applicant's property 14 at 703 Arctic Avenue (GPIN: 2427-13-9460); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs, assigns 25 and successors in title are authorized to construct and maintain the Temporary 26 Encroachment within the City's property as shown on the map entitled: "EXHIBIT 'A' - 27 ENCROACHMENT REQUEST FORA PROPOSED VINYL BULKHEAD &TIMBER PIER 28 FOR: JAMES A. HART 703 ARCTIC AVENUE 0.13 AC BY PLAT, LOT B, BLOCK 8, 29 SHORE ACRES, M.B. 246, PGS: 54&55, Scale: 1 30', dated June 20, 2023, prepared 30 by Stone Green Consulting, LLC., a copy of which is attached hereto as Exhibit"A"and on 31 file in the Department of Public Works and to which reference is made fora more particular 32 description; 33 34 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 35 subject to those terms,conditions and criteria contained in the agreement between the City 36 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicant and the City Manager or his authorized designee execute the 45 Agreement. 1 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2023. 49 50 51 CA16064 R-3 Prepared: 8/9/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P B IC W KS, REAL ESTATE D A . ARMEYER SENIOR CITY ATTORNEY 2 "' T EXHIBIT a . M N I11F' MIllt1:t!li:�►,[�.1'::1• •� ; '� llna 't:MI J.rift!]nini.►MINIA litA'►, _ i Cl : 41.65 8.41 8.40 N 14'33 51 E 11:34 28 178.16 15.48 15.48 N 44'0410 E 04'53 48 gzi EX.BKHD OF SHEELY ,N'S PROPOSED Ltd i �, 'UMBERPOER LAKE HILLY ti . ,'"-f-72—, . J NOW OR FORMERLY �.. 7.. C1 II \'.' "� o' CITY OF VIRGINIA BEACH _I-f,,,, ' v) ).- 's..k.\\-‘x.6'' \,..., ` '. LAKE HOLLY C2 s GPIN:242723 8671000 M.& W 39, PG. 42 S 54'03'34" W \..\.P, M.E.246 PG.54 34.92' I PROPOSED 74'V WL BULKHEAD KITHNOW OR FORMERLY d A 12°& �13°RE TURN . DONALD C.&DONNA P.SFIEELY . S. 705 ARCTIC AVENUEGPIN:2427I394650000 �o i �� D.B.3563,PG. 1256 C3 ��' . U M.B. 246,PGS.54 &: 55 , PIER DETAIL 06�� ,r NOW OK FORMERLY EX. BKHD OF COX 16' JAMES A. HART ' 703 ARCTIC AVENUE v, �' ' .1 GPIN:2427I 394600000 w .. IIIIIIJ.I.1 NOW OR FORMERLY = :_•T_. �F I NST:202003 17000254880 b :_ ® JORDON C.COX A: — • M.B. 24G, PG5. 54 4 55 ® ' ® 701 ARCTIC AVENUE 4' { •-_.._._._._.._ cp GPIN:2427 1393650000 - — — - •§ rn ' INST:20I 81 101000900090 co 6�RI�4ATf=5'® Bf AQ�fi M.O.246, PGS. 54&55 EASEMENT 3(M.B.246, PG. 55) S o 4.0' S 73°21'23" E ° 25.73' __-.�. -_...._ I- 1�83°O0'00" E - 21.00' c ;c } PRIVATE UTILITY EASEMENT' • GRANTED T®LOT A, -' /� •; PER M.B.246, PG. 54 �,, io, N 07°00'00"W 73.3' ® • 50.00' CAROLINE AVENUE S AN E: GREEN Lk. goo 0402064005 ARCTIC AVENUE v�� a� M.1. 246 P. 54 ` —Z fie° 6/20/2/230 . 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. ,,,�. ,�'n, 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. ® 30 60 EXHIBIT °A - ENCROACHMENT REQUEST :; .' td,,- }:,., st FOR Al PROPOSED VINYL BULKHEAD & SCALE: 1"0"30' ENGBNEERU G SERVICES PROVIDED BY: 'I FOR:JAMES A. HART STONE GREEN CONS JLTMG LLB 703 ARCMC AVENUE ' 4014 MEDINA ROAD#1015;AKRON, OH 44333 0.13 AC BY PLAT, LOT B, BLOCK 8,SHORE ACRES (330) 883-2117 M.B. 246, PGS. 54&55 ` j 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED JUNE 20, 2023 ;I 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 ar-i day of 3�l , 2023, by c� and between the CITY OF VIRGINIA.BEACH., Vp1 1A9 a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAMES A. HART, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "B" as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 1 THRU 7, BLOCK 8 MAP OF SHORE ACRES PROPERTY OF SHORE ACRES INC. (KB. 7, PT. 2, PO 137) VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated July 11, 1995, prepared by Gallup Surveyors & Engineers, LTD., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 246, at pages 54 and 55, respectively, and being further designated, known, and described as 703 Artic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 74' vinyl bulkhead with a 12' and a 13' return and a 16' x 8' x 6' timber pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2427-23-1671 — LAKE H*LLY (CITY Or VIRGINIA BEACH) 22427-13-9460 m (703 ARCTIC AVENUE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Lake Holly (GPIN: 2427-23-1671), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED VINYL BULKHEAD & TIMBER PIER FOR: JAMES A. HART 703 ARCTIC AVENUE 0.13 AC BY PLAT, LOT B, BLOCK 8, SHORE ACRES, M.B. 246, PGS. 54 & 55," Scale: 1" = 30', dated June 20, 2023, prepared by STONE GREEN CONSULTING, LLC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or in 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. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, JAMES A. HART, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 , __ ____., r _ .,_:_--- - _ _ -_ , , -_, J ME A. HART STATE OF 1YC�►�Y1�Q� CITY/COUNTY F Vqtria , to-wit: The foregoing instrument was acknowledged before me this &day of �, 2023, by James A. Hart. NY) 0 all:Zite1pilL(SEAL) Notary Ic• C.� ENEE JANEC Notary Registration Number: Qq�9 ASH NOTkARY PUBLIC HEK REG. *7770977 My Commission Expires: f)5 3( ,202(o COMMONWEALTH v MY COMMISSION EXPIRE +- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM jb P B WO S EEAL ESTATE D . R1LA` EYER SENIOR CITY ATTORNEY 7 le HART ENCROACHMENT EXHIBIT ••• ••• ••‘ CURVE R 1D65 8.41 R H SEW LENG2H N 14 G 1 D q 2ANGLE C2 31.56' 16.00' 15.83' N 39°04'10"E 29'02'56" 00 C3 178.16' 15.48' 15.48' N 44°04'10"E 04'58'48" vi EX.BKHD OF SHEELY 1 1 •\' N.a PROPOSED 1 liikA TIMBER PIER LAKE HOLLY T ;\_ NOW OR FORMERLY 2 III Cl�' \7,. ,�y9 CITY OF VIRGINIA BEACH Ar H \ LAKE HOLLY GRIN:2427231671000 C2 `\ M.B. 139, PG. 42 S 54°03'34"W \ . M.B.246 PG.54 34.92' PROPOSED 74'VINYL BULKHEAD WITH NOW OR FORMERLY \ \\, O A 12'& 13'RETURN DONALD C.&DONNA P.SHEELY \ 1111k 3• 705 ARCTIC AVENUE GPIN:24271394650000 :1 \ in D.B.3563,PG. 1256 N ,\rT `^ M.B.246,PGS.54&55 C3 \ PIER DETAIL 1"=20' I NOW OR FORMERLY - EX.BKHD OF COX 16' JAMES A. HART Co 703 ARCTIC AVENUE v+ 6' 6' GPIN:2427 1394600000 W coNOW OR FORMERLY INST:202003 1 7000254880 b7 o° JORDON C.COX M.B. 24G, PGS. 54 E 55 c i c 701 ARCTIC AVENUE 4' c o GPIN:24271393650000 .. — — — moo . INST:20181101000900090 PRIVATE 5'DRAINAGE z M.B.246,PGS. 54&55 EASEMENT (M.B.246, PG.55) 3 STY. FR r 4.0' #703 S 78°21'23"E 25.78' ,r N 83°00'00"E - 0 00 21.00'� i, LTH Of' PRIVATE UTILITY EASEMENT_I 1 �`1� GRANTED TO LOT A ( O /� 61 PER M.B.246,PG.54 I �� N 07'00'00"Wr--- 50.00' CAROL NE AVENUE " SEAN E. GREEN ; Lic. No. 0402064005 ARCTIC AVENUE -o M.B. 246 P. 54 `� ��jv FS 6/20/23%N A L E-1. ' 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST 0 30 60 FOR A PROPOSED VINYL BULKHEAD & SCALE: 1"=30' TIMBER PIER ENGINEERING SERVICES PROVIDED BY: FOR:JAMES A. HART STONE GREEN CONSULTING, LLC 703 ARCTIC AVENUE 4014 MEDINA ROAD#1015, AKRON,OH 44333 0.13 AC BY PLAT, LOT B, BLOCK 8,SHORE ACRES (330)883-2117 M.B. 246, PGS. 54&55 `©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED JUNE 20, 2023 I Hart Encroachment Picture Exhibit 1 ~ • ri ..J r _ !Irk, ...s star` °: ..gym ,,, ;, v s • •...14.......11 _�_'._ijsx=i: rL._ F".'c= •gw a�*ea[t. _.'dA►61. LY p.. [IBe / • ._.. p .. ... .' � .. _ w.. • 2 s lellii1li1ill11 - t View looking East 4• pnpWmEIIUor mwirornnn■iT Ici, View Looking North—Neighbor with similar encroachment Hart Encroachment Picture Exhibit a 110 • View Looking South _.......„_,,,J ` N a „..... 3 \...W — 1:1-0— E G m NORFOLKAV 3 O Z Cm) i SITE $) N -s I 4, 04, ZN� gZ I Private Variable Width Utility Easement i/%Nr ,.- 0 o Alp -0 o 0 0 ,c-3 7 o m o 0 0 D v Ilak 0 3 \--,--i,,_ \-- CPR._'NP pvE 0 'L LOCATION MAP at $ ENCROACHMENT REQUEST o FOR JAMES A. HART Legend _ . 00, -) 703 ARCTIC AVENUE 2427-13-9460 GPIN 2427-13-9460 C Feet City Property 1 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 04/27/2023 X:ICADD\Projects\ARC Files\AGENDA MAPS\2427-13-946012427-13-9460.mxc ' + W E t. lit 1 Y cis Y • NrS�u A , �# .lir s Va able W dt Cii_x1uz: ''', ,* )4,< . ' I . e.,_ .. ' A .• 0 \) r,:-1, /.J Ilk et" tti1/4,-, d l� `' y4. . . i r• n -A,t ; , Imo`- ......t + r. !'\ 4 1 r •`..' ®� LOCATION M A P G �- • �. ~•;: m 0: ENCROACHMENT REQUEST 1 • , .1 ;' FOR JAMES A. HART r Legend ► `' r �,^ '� •`'-�*- aµ 703 ARCTIC AVENUE t GPIN 2427-13-9460 2427-13-9460 if i' �, �~ 16/14 City Property _ V Feet 0 50 100 200 *, y r.• a . ,-•t. Prepared by P.W./Enq./Enq. Support Services Bureau 04/27/2023 X:\CADD\Projects\ARC Files'AGENDA MAPS\2427-13-946012427-13-9460 Aerial.mxc DocuSign Envelope ID. D3D1C3C0-2FB7-4EB6-BCA2-8BEBCE48299D = - • Disclosure Statement TV City,f l'iryiniu Beath Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name James A. Hart Does the applicant have a representative? ■ Yes ❑ No • If yes, list the name of the representative. Robert E.Simon,V.P.,Waterfront Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated 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 applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage DocuSign Envelope ID D3D1C3C0-2FB7-4EB6-BCA2-8BEBCE48299D DisclosMrgnment City of Virginia Beach Planning & Community Development Jaw Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions. Freedom Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm or individual providing the service. Bruce Holbrook 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2IPage DocuSign Envelope ID:D3D1C3C0-2FB7-4EB6-BCA2-8BEBCE48299D Disclosure Statement City al-Virginia Borah Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the engineer/surveyor/agent. Waterfront Consulting, Inc. and Stone Green Consulting, LLC 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ® No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. DocuSiyned by: jawttA N "65"C.3cE15A1 Applicant Signature James A. Hart,Applicant Print Name and Title 2/10/2023 Date Is the applicant also the owner of the subject property? I{Yes • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name 3JPage en „Li ....„. _.,:,, .4.,,.,:r.:.,:::. - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $10,145,169 for Purposes Previously Approved in FY 2022-23 into the FY 2023-24 Operating Budget MEETING DATE: September 5, 2023 • Background: Section 7 of the FY 2022-23 Operating Budget Appropriation ordinance authorizes the carry forward of appropriation authority to the next fiscal year for certain obligations and encumbrances made before the close of the fiscal year. Separately, funds that are approved for a specific purchase or contract but remain unobligated or unencumbered at the end of the year may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2022-23 to purchase a piece of equipment or renovate a small building, but due to extenuating circumstances, such as supply chain disruptions, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by the City Council by a budget amendment or the City Manager by an authorized transfer late in the fiscal year, and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward may be re-appropriated from the fund balance of the respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet the City Council's General Fund fund balance policy of 8-12% of the following year's revenue. Budget and Management Services coordinates this process with the Department of Finance to ensure adequate fund balance within the fund. Finance includes a carry forward estimate in their preliminary un-audited financial results. In addition, the use of carry forwards is not intended to be a substitute for the budget process. This exercise does not seek to use "surplus" funds, nor is it intended to use funds for a purpose other than the initial intended use. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as contracted manpower or training, are not eligible for. consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit(as identified in the Operating Budget ordinance) or department to be carried over to the next fiscal year; and • The item(s)for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $10,145,169. Of that amount, $3,957,485 is for the General Fund, $1,501,034 for the Tourism Investment Program Fund, $45,000 for the Sandbridge Special Service District, $137,252 for the Federal Section 8 Program, $197,185 for the Water and Sewer Enterprise Fund, $684,898 for the Stormwater Enterprise Fund, $2,698,211 for the Waste Management Enterprise Fund, $426,325 for the Fuel Internal Service Fund, $232,897 for the City Garage Internal Service Fund, $74,360 for the Risk Management Internal Service Fund, $150,522 for the Landscaping Internal Service Fund, and $40,000 for the Oyster Heritage Trust Fund. Of the amount for the General Fund, $1,603,589 is from funding from the Commonwealth, not fund balance of the Fund. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Exhibit A: FY 2022-23 Items Requested for Carry Forward into FY 2023-24 Recommended Action: Approval of Ordinance Submitting Department/Agency: Budget and Management Services City Manager: 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $10,145,169 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2022-23 INTO THE FY 4 2023-24 OPERATING BUDGET 5 6 WHEREAS, funding totaling $10,145,169 was unexpended at the close of Fiscal 7 Year 2022-23 and requires re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2023-24 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $10,145,169 is hereby appropriated in the FY 2023-24 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 2022-23 15 Items Requested for Carry Forward into FY 2023-24," with a corresponding increase in 16 revenue from each respective fund stated therein. Requires an affirmative vote by a majority of all the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -G! - �/ udge and Management Services _ Cit r 's Office CA16287 R-1 August 23, 2023 EXHIBIT A: FY 2022-23 Items Requested for Carry Forward into FY 2023-24 .Department - -.Amount .; Purpose Cultural Affairs $125,000 Funding for public art installation in the Historic Kempsville Area. Economic Development $660,689 State funding to offset the cost of development for Acoustical Sheet Metal. State funding for diligence studies,sewer design, and construction for the Economic Development $866,900 Innovation Park. Funding for a SWAM Reporting Product to help in accurately and timely capturing subcontracting data on city projects and ensuring the City meets the aspirational goal for women-owned and service-disabled veteran-owned Finance $215,000 business. Funding for an updated Disparity Study,currently undergoing an RFP and Finance $500,000 expected to be completed during FY 2024. Funding for a housing rehabilitation program that provides the only resource Housing& Neighborhood Preservation $248,038 for homeowners that cannot be assisted with Federal funds. Housing& Neighborhood Preservation $4,949 Funding donated from VB HOME NOW to assist the homeless. Funding for vehicles for the Department of Human Services Permanent Human Services $76,000 Supportive Housing Program,funded by the state. Non Departmental $254,000 Funding for counseling support services. Funding to cover the lease for a shared storage lot at Camp Pendleton to be Parks& Recreation $8,200 split between Public Works and Parks and Recreation. Police $42,167 Funding for the Cognitive Entry Assessment RFP. Police $113,500 Funding for a police policy review to be completed in early FY2024. Funding for the installation, annual subscription, and services for Masterworks Public Works $143,068 project management software. Funding to replace city-wide vehicles, unable to be purchased due to supply Public Works $617,074 chain issues. Funding to secure a professional entity to gather information for banking Treasurer $14,900 products/services for payroll bank accounts. Funding for developing and running advertising for the opening of the South Virginia Aquarium $68,000 Building. General Fund . .$3,957,485 Funding for Resort Area projects, including holiday lights fixtures,VB Sports CVB $1,045,520 Center wayfinding and signage,construction to implement 14th St Park,and Public Works $438,534 Funding for Public Works vehicle replacement. Funding to cover the lease for a shared storage lot at Camp Pendleton to be Public Works $16,980 split between Public Works and Parks and Recreation. Tourism Investment Pro gram• ' $1;501034 E Public Works $45,000 Funding for a new vehicle for a newly established position. -'Sandbridge Special Service District $45,000 . : Housing& Neighborhood Preservation $35,456 Funding for vehicles for rental housing inspectors. Housing& Neighborhood Preservation $101,796 Funding for Emergency Housing Voucher Program security deposits. Federal Section n-8 Program _. ,:.; $137252 ,, • - - Public Utilities $135,000 Funding for a cutaway van in the Electrical Support Bureau. Department.;r Amount. Purpose ; Public Utilities $62,185 Funding for a street flushing vehicle in Sewer Collection. Water and Sewer Enterprise Fund. - $197,185 Funding for vehicles and equipment for the BMP P Maintenance Crew, unable to Public Works $684,898 be purchased due to supply chain issues. Storm Water UtilityEnterprise Fund p $684;898 - Funding for the implementation and support of Salesforce software and Public Works $233,408 equipment. Public Works $2,378,746 Funding for solid waste trucks, unable to be purchased. Public Works $86,057 Funding for hazardous material storage lockers for the landfill. Waste Management Enterprise;Fund $2,698,211'_. Funding for an additional electronic security gate for exiting out of main garage Public Works $92,243 at Leroy Road. Funding for dredge tender repairs needed to rudder tubes,steering, and hull Public Works $103,839 repairs. Funding for the replacement of a service truck at Holland Road location, unable Public Works $36,815 to be purchased due to supply chain shortages. 'City Garage Internal Service Fund,- $232,897 f • Funding for the replacement of underground fuel tank program to replace 30- Public Works $333,395 year-old fuel tanks at Euclid and Landstown fueling stations. Public Works . $92,930 Funding needed to continue the upgrade process of VeederRoot. Fuel Internal Service Fund '$426,325 Funding to cover the software and initial implementation of a new and more Finance $74,360 robust Risk Management Software to replace the existing software. Risk;Management Internal-Service Func $74,360 ' _ Parks& Recreation $150,522 Funding to replace capital assets for School Landscaping crews. Landscaping.Internal Service.Fund. $150,522`- Public Works $40,000 Funding to support the Virginia Oyster Heritage Program. Oyster Heritage Trust Fund $40,000, $10,145,169 Total FY 2022-23 to.FY 2023-24 Carry Forwards Page 2 CITY OF VIRGINIA BEACH AGENDA ITEM _) ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Tourism Investment Program Fund and to Authorize City Staff to Make Payment to ESM VBSC, LLC, in an Amount of $1,164,299 Subject to the Conditions Provided Herein MEETING DATE: September 5, 2023 • Background: This item was deferred on August 8th to the meeting on September 5th_ The City Staff is working with ESM VBSC, LLC, to craft a resolution to this matter. This ordinance is not ripe for consideration by the City Council. As such, the Staff recommends that this item be indefinitely deferred. a Considerations: A future item will be presented to the City Council for action. ® Public Information: Normal Council agenda process. ® Attachments: Ordinance Recommended Action: Indefinite Deferral Submitting Department/Agency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 FUND BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM FUND AND TO AUTHORIZE CITY STAFF TO 4 MAKE PAYMENT TO ESM VBSC, LLC, IN AN AMOUNT OF 5 $1,164,299 SUBJECT TO THE CONDITIONS PROVIDED 6 HEREIN 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $1,164,299 is hereby appropriated from the fund balance of the Tourism 12 Investment Program Fund to the FY 2023-24 Operating Budget of the Convention 13 and Visitors Bureau to address insufficient funds in the operating accounts of the 14 Virginia Beach Sports Center subject to the following conditions: 15 a. As set forth in Section 5.3 of the Operating Agreement, such funds are provided 16 to address a shortfall in operating accounts. ESM VBSC, LLC shall provide a 17 six-month plan to increase revenues or decrease expenses such that the 18 operating expenses of the Center are met and any funds advanced by the City 19 are returned. Such six-month plan shall not anticipate or require a renegotiation 20 of the Operating Agreement or any material terms contained therein. If ESM 21 VBSC, LLC, fails to meet the expenses of the Center after six months from the 22 receipt of these funds, the City will deem such an occurrence an Event of 23 Default as contemplated by Section 8.1 of the Operating Agreement. 24 b. As further provided by Section 5.3 of the Operating Agreement, as amended 25 by Amendment 1, payment of the Incentive Fee shall be suspended until all 26 funds provided by the City pursuant to this action are returned to the City by 27 ESM VBSC, LLC. The City acknowledges ESM VBSC, LLC, is entitled to any 28 Incentive Fee earned prior to the City's election to provide additional funds for 29 the Sports Center operating accounts. 30 c. ESM VBSC, LLC, shall provide evidence to the City that any current amounts 31 due to event promoters for ticket/gate receipts have been remitted to the 32 promoters within 10 days of the provision of the funds authorized herein or such 33 funds have been promptly placed in an escrow account for the benefit of the 34 event promoters. Honoring the ticket/gate receipts shall be the first use of the 35 funds authorized herein, and the failure of ESM VBSC, LLC, to make such 36 payments shall subject ESM VBSC, LLC, to the immediate claw back of the 37 entire $1,164,299 authorized by this ordinance. 38 d. ESM VBSC, LLC, shall provide the City with assurances that any current or 39 future ticket/gate receipts held for the benefit of event promoters are placed in 40 custodian accounts and not comingled with facility operating accounts. 41 42 2. The City Manager, with the assistance of the City Attorney, shall forthwith 43 communicate the requirements of the provision of the funds provided herein, and 44 the funds shall be advanced to ESM VBSC, LLC, only after ESM VBSC, LLC, has 45 agreed, in writing, to such conditions. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ud et and Ma�ent Services Cit Attorne 's Office 9 9 Y Attorney's R-2 July 31, 2023 L. PLANNING 1. SHJ CONSTRUCTION GROUP,LLC/ATLANTIC SHORES BAPTIST CHURCH for a Modification of Conditions re religious use and Conditional Use Permit re car wash facility at 1861 Kempsville Road DISTRICT 7 RECOMMENDATION: APPROVAL 2. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC/ADDIE S. VANDERMEL REVOCABLE TRUST & ET AL,WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District with Workforce Housing Overlay District and Modification of Proffers re expand and add 176 additional units for a portion of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 (Approved July 8, 2014) RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL 3. SPEEDGEARZ, LLC / COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 4. LONDON BRIDGE DEVELOPMENT,LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6 RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,September 5,2023 at 6:00 p.m.In the Council Chamber at City Hall, 2.Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on www.virginiabeach.gov, broadcast on VBTV, and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httns✓/vbeov.webex com/weblink/reeisier/r40f f84e930ah8f1h4e92798f621gh2i 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on September 5, 2023. The following requests are scheduled to be heard: SHJ Construction Group,LLC(Applicant)Atlantic Shores Baptist Church (Property Owner) Modification of Conditions(Religious Use)Conditional Use Permit(Car Wash Facility) Address: 1861 Kempsville Road GPIN(s):1455825955 City Council:District 7 Franklin Johnston Group Management&Development, LLC(Applicant)Addle S.Vandermel Revocable Trust& et al, William E. & Phyllis H. Sawyer, Keelingwood Apartments, LLC (Property Owners) Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District w/ Workforce Housing Overlay District) Modification of Proffers Addresses: Portions of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle GPIN(s): Portion of 1494547938, portion of 1494543861,1494534876 City Council:District 2 Speedgearz, LLC (Applicant) Covington Family Trust (Property Owner)Conditional Use Permit (Automobile Repair Garage) Address: 212 Dorset Ave GPIN(s): 1477041749 City Council:District 4 London Bridge Development,LLC(Applicant&Property Owner) Conditional Use Permit (Bulk Storage Yard) Address: 130 London Bridge Road GPIN(s): 2407048646 Cigr Council:District 6 Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.virginiabeach.gov/pc. For information call 757- 385-4621. Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, www.virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are Invited to participate. Amanda Bames,MMC City Clerk PILOT-AUGUST 22,2023&AUGUST 29,2023-1 TIME EACH \r\ t,,11! .1)31 , «j* .ter, , NZ ..r 4 \ 4, -ft,t*_ir r}" _Lf , .Q.� 4,wo sir iter. \ ,wt �� i`o . :\ % ,,o - - IF. (‘' ‘s,-74 s-.-y‘ . ,,* ' / \ i ,..(') ! / /e ry. j y;tea, t - \��^ ,e, •'� \ v:5_ 4.4405:t,./....i, " 40.,,,; .,,14.-1-•,-24(s4,<> , .:! e ,ke �. N �% B.. o .-Q14- z5 a a74 pia, VC, 2,0\tc'Y\..\„ . ' .. ik il,°1-'4(' 'f ›•4', .c) 4-. - t ' -i' . ,•-‘4%.,>. ',/-#4-4 / A2 0:k_s,?„,.%.,91 _ ,\ .4, ' -,. ,c),•-• C.7S•./41 0. 'I'l\ • Pa 6),,, v,,,s ,, N ,.,, ,- . s_,-,- fy-N.,‹›_.. ._ - - \\.._:-0,316. .A.,,,. st 7 , -„,, '' \ 7_ C / 1§2' ''' '• 1 ,.4L R511.6 D �� i;\ fl 7:5 ,, o emu., , `-•40 SJ • ® Site SHJ Construction Group, LLC - , Property Polygons 1861 Kempsville Road nZoning s Building Feet 0 85170 340 510 680 850 1020 ' n, <6 sT i J.l, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHJ CONSTRUCTION GROUP, LLC [Applicant] ATLANTIC SHORES BAPTIST CHURCH [Property Owner] Modification of Conditions to a Conditional Use Permit(Religious Use) & Conditional Use Permit(Car Wash Facility) for the property located at 1861 Kempsville Road (GPIN 1455825955). COUNCIL DISTRICT 7 MEETING DATE: September 5, 2023 • Background: The applicant is requesting to modify the conditions of a Conditional Use Permit for a Religious Use to reduce the acreage of the church site, as well as a Conditional Use Permit to construct and operate a Car Wash Facility. The property will be subdivided to create a 1.98-acre parcel for the construction of a 3,600 square foot single-bay automated Car Wash Facility on this B-2 Community Business zoned parcel. The conditioned Conceptual Site Plan depicts 37 parking spaces, of which 32 are designated for vacuum stations and five are designated for employee and ADA parking, meeting the minimum parking requirement set forth in the Zoning Ordinance. Ingress/egress will be from a private driveway accessible from both Centerville Turnpike and Kempsville Road. All required building foundation, interior parking lot, and streetscape plantings are depicted on the Landscape Plan, as well as the required landscaping surrounding the proposed dumpster enclosure. The proposed elevations depict a one-story building with cultured stone veneer, beige split face block, tan stucco/EIFS, a dark bronze prefinished metal roof, black structural steel, and glass. The height of the building at its highest point will be 21 feet and 7 inches. An eight-foot-tall freestanding monument-style sign is also proposed with a stone veneer base and materials to match the proposed building. The proposed dumpster enclosure, vacuum canopy, prep canopy, and pay canopy will all match the colors and materials of the proposed building. • Considerations: In Staffs view and the Planning Commission concurred, these requests to modify the original Conditional Use Permit for the Religious Use to reduce the property boundary and the Conditional Use Permit to operate a Car Wash Facility are acceptable, as they are in keeping with the policies and goals of the Comprehensive Plan for properties located in the Centerville Strategic Growth Area (SGA). The site layout, building design, pedestrian orientation, and landscaping is consistent with the recommendations of the Centerville SGA and SHJ Construction Group, LLC Page 2 of 4 the Special Area Development Guidelines for Urban Areas. A reduced front yard setback of 10 feet is proposed along Kempsville Road, through the provisions of Section 283 of the Zoning Ordinance, which pulls the building closer to the street with off-street parking located behind the building. The Planning Commission proposed a change to the hours of operation for the Car Wash Facility and conditioned that the facility be open no later than 8:00 p.m. The applicant was aggregable to the proposed modification and the change is reflected below by the underlined text in the updated Condition 10. A preliminary drainage study narrative was reviewed by Staff who determined that the stormwater design has the potential to successfully comply with the stormwater regulations for this site. 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 August 9, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of January 11, 1988, September 28, 1999, and March 26, 2002, shall remain in effect, and Condition 2, as indicated below, shall be added. 2. The applicant/owner shall submit a Resubdivision Plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, to show the reduction of the acreage of the church's property and creation of the separate lot. The plat shall be in substantial conformance to the submitted exhibit entitled "TIDAL WAVE AUTO SPA — 1861 Kempsville Road — Virginia Beach, Virginia — EXISTING SITE PLAN, SHEET C-100", prepared by Paulson Mitchell Incorporated". Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. Conditional Use Permit 1. The applicant/owner shall submit a Resubdivision .Plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, to show the reduction of the acreage of the church's property and creation of the separate lot. The plat shall be in substantial conformance to the submitted exhibit entitled "TIDAL WAVE SHJ Construction Group, LLC Page 3 of 4 AUTO SPA — 1861 Kempsville Road — Virginia Beach, Virginia — EXISTING SITE PLAN, SHEET C-100", prepared by Paulson Mitchell Incorporated. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "TIDAL WAVE AUTO SPA — 1861 Kempsville Road—Virginia Beach, Virginia—SITE ON SURVEY, SHEET C-100", prepared by Paulson Mitchell Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. 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 issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "TIDAL WAVE AUTO SPA— 1861 Kempsville Road —Virginia Beach, Virginia— LANDSCAPE PLAN, SHEET LA-100", prepared by Paulson Mitchell Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the elevations entitled "NEW TIDAL WAVE AUTO SPA — Kempsville Road — Virginia Beach, VA 23464, SHEET PR.1 and PR.2", prepared by M. Todd Albritton Architect, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The car wash vacuum enclosure, pay canopy, prep canopy, vacuum canopy, and dumpster enclosure shall substantially adhere in appearance, colors, and materials to the exhibit entitled "NEW TIDAL WAVE AUTO SPA — Kempsville Road — Virginia Beach, VA 23464, SHEET PR.4", prepared by M. Todd Albritton Architect, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. The freestanding sign shall substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled "Monument Sign — 8' Tidal Wave — Double Faced Illuminated Monument Sign", prepared by Clayton Signs, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 7. Signage for the site shall be limited to: a. Directional signs b. Pricing board signs SHJ Construction Group, LLC Page 4 of 4 c. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a base to match the materials of the building and two (2) building and/or canopy signs. d. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and a separate permit from the Department of Planning & Community Development is required for all signage installed on the site. 8. When developed, a photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 9. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 10.The hours of operation of the Car Wash Facility shall be limited to the hours of 8:00 a.m. to 998 8:00 p.m., daily. 11.The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the City's Stormwater Management Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C City Manager: Applicant SHJ Construction Group, LLC Agenda Items Property Owner Atlantic Shores Baptist Church Planning Commission Public Hearing August 9, 2023 7 & 8 c0„4 City Council District 7 Virginia Beach Requests #8- Modification of Conditions (Religious Use) #9-Conditional Use Permit (Car Wash ii 4 �..,., Facility) ` ie 0 Itei, -, ,. -:', . e" ;:;; ommendation ec a I ArilL IN Staff Planner 1 1 Marchelle Coleman ID\ :, Location �� ' 1861 Kempsville Road ` O 4 GPIN '' 1455825955 Site Size 14.3 acres (1.98 acres Car Wash Facility site) 1 . •:,. 114411.4* .'' ... rCr*".. AICUZ Less than 65 dB DNL Watershed Southern Rivers 'i'T �- 0:' .a. . , ..• ..,,...y .5, tc , Existing Land Use and Zoning District 5 d if t,.,..0- , sk c..., Religious Use/B-2 Community Business '•.- • ,� 1.4 Surrounding Land Uses and Zoning Districts ,; ► ; „ . '` I' : North I -. S, t+ . " 1 ; .8, •k' U.S. Post Office/B-2 Community Business ,. ., < w -- i J"-,,✓ ' South 4 %M' t/d-.' Kempsville Road A (` ;c .' �� ', ,c , 4, .t _' Y Restaurant,shopping center/B-2 Community : ,. ,ib, i. , Business ' , y t'. .:: East . . .. :.a 54‘• •s Craft Brewery,assembly use/B-2 Community ; a'. �^ /� Business 0'd1 4, _ %. • *, @ `-' West \ ° , Centerville Turnpike Multi-family dwellings/A-24 Apartment SHJ Construction Group, LLC Agenda Items 7&8 Page 1 Background & Summary of Proposal • Three Conditional Use Permits have been approved for this property: one on January 11, 1988,for religious use,the second on September 28, 1999,for a parking lot expansion, and the third on March 26, 2002,for an expansion to the religious use. • The applicant is now requesting to modify the conditions of the previously approved Conditional Use Permits to reduce the acreage of the site in order to sell excess property for the construction of a single-bay automated car wash facility.As required per the Zoning Ordinance, a Conditional Use Permit is also being requested for the Car Wash Facility on a 1.98-acre portion of this B-2 Community Business zoned parcel. • A subdivision of the property is proposed to create a separate lot for this development.The submitted Conceptual Site Plan depicts ingress/egress from a private driveway that is accessible from both Centerville Turnpike and Kempsville Road. To ensure proper access to the property, an ingress/egress easement will be recorded with the City of Virginia Beach Circuit Court Clerk's Office during the subdivision plat review process. • As shown on the Conceptual Site Plan, a 3,600 square-foot,single-bay car wash building is proposed on a separate 1.98-acre lot. • The Conceptual Landscape Plan reflects the required streetscape, building foundation,and interior parking lot plantings, as well as the required landscaping surrounding the proposed dumpster enclosure and freestanding monument sign. • The proposed building elevations depict an exterior facade to be constructed of cultured stone veneer, beige split face block,tan stucco/EIFS,a dark bronze prefinished metal roof, black exposed structural steel,and glass.At the tallest point,the building will be 21 feet and seven inches in height. • An eight-foot-tall freestanding monument sign with a stone veneer base to match the car wash building is proposed along Kempsville Road. • The Conceptual Site Plan depicts 37 parking spaces,of which 32 are designated for vacuum stations and five are designated for employee and ADA parking.The parking provided satisfies the parking requirements for Car Wash Facilities as set in Section 228.1 of the Zoning Ordinance. • The proposed hours of operation for the Car Wash Facility are 8:00 a.m. to 98 8:00 p.m., daily. SH1 Construction Group, LLC Agenda Items 7 &8 Page 2 Zoning History \•Nkiirr ,:' ;e:, 'is®' # Request \, 't, .!;:'it '-' ,. ' -•_ ` ' 1 CUP(Tattoo Parlor)Approved 12/06/2022 � CUP(Indoor/Outdoor Recreation Facility)Approved '^:r• 02/05/2019 , c., .� < + CUP(Bingo Hall)Approved 09/23/2008 . \; ` `gip-,1��` ''`I 2 CRZ(0-2 to Conditional B-2)Approved 06/07/2016 it%jj,• o, .,F,' '' , , ',. ` CUP(Craft Brewery,Assembly Use,Open Air Market) �,/1. ��y�► Approved 06/07/2016 i %` / •. 0,,#,#3 3 CRZ(B 2 to Conditional A 24)Approved 07/01/2003 1.\,. jri �� ' MDC(Borrow Pit)Approved 11 12 1996 ;�f" / . Pp l l i�I� ' �' . ` CUP(Borrow Pit)Approved 02/23/1993 � '/ a° 4 CUP(Expansion of Religious Use)Approved 03/26/2002 CUP((Parking Lot Expansion)Approved 09/28/1999 �� ,". � � CUP(Religious Use)Approved 01/11/1988 /riL� 5 MDC(Borrow Pit)Approved 09/26/1995 CUP(Borrow Pit)Approved 03/26/1990 ApplicatiTypes CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation These requests for a Modification of Conditions to reduce the acreage of the church's property and a Conditional Use Permit for a Car Wash Facility, in Staff's opinion, are acceptable.These requests are in keeping with the policies and goals set forth in the Comprehensive Plan, as it provides a service use to the surrounding properties, and as the proposal contributes to the quality of the surrounding area by providing a site layout and building that reflects the recommendations of the Centerville Strategic Growth Area (SGA) and the Special Area Development Guidelines for the Urban Areas. Given that the property will be located along Kempsville Road,the elements of building design, site layout, pedestrian orientation, and landscaping have been taking into consideration and incorporated into the conceptual plans and the architectural design.The plan depicts a reduced front yard setback from 35 feet to 10 feet along Kempsville Road through provisions of Section 283 of the Zoning Ordinance. The reduced setback is consistent with the Guidelines, as the car wash building has been placed closer to the street with off-street parking located behind the building. The Special Area Development Guidelines for Urban Areas also calls for quality landscaping that is essential to the built environment.As depicted on the Conceptual Landscape Plan, interior parking, building foundation, and streetscape plantings are provided. In addition,five evergreen trees will be installed off-site north of the private driveway on the church's property to provide additional screening from the adjoining property. It is the opinion of Staff that the traffic generated by the proposed Car Wash Facility will result in a total of 500 average daily trips. Ultimately,the proposed use will likely generate lower traffic volumes than other commercial uses that are permitted by-right in the B-2 Community Business District.Additional detailed comments will be provided to the applicant during the site plan review process. As recommended by Staff,the applicant has submitted a preliminary drainage study to the Development Services Center (DSC)outlining their proposed stormwater strategy for this site.The DSC has reviewed the narrative and based on their findings, is confident that the submitted strategy has the potential to successfully comply with the stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for SHJ Construction Group, LLC Agenda Items 7 &8 Page 3 this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above,Staff recommends approval of these requests subject to the conditions listed below. Recommended Conditions (MDC) 1. All previous conditions attached to the Conditional Use Permit approvals of January 11, 1988,September 28, 1999, and March 26,2002, shall remain in effect, and Condition 2,as indicated below,shall be added. 2. The applicant/owner shall submit a Resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning&Community Development prior to recordation,to show the reduction of the acreage of the church's property and creation of the separate lot.The plat shall be in substantial conformance to the submitted exhibit entitled "TIDAL WAVE AUTO SPA—1861 Kempsville Road—Virginia Beach,Virginia—EXISTING SITE PLAN, SHEET C-100", prepared by Paulson Mitchell Incorporated". Said plat shall be subject to the review and approval of the Department of Planning&Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. Recommended Conditions (CUP) 1. The applicant/owner shall submit a Resubdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to recordation,to show the reduction of the acreage of the church's property and creation of the separate lot.The plat shall be in substantial conformance to the submitted exhibit entitled "TIDAL WAVE AUTO SPA—1861 Kempsville Road-Virginia Beach,Virginia— EXISTING SITE PLAN, SHEET C-100", prepared by Paulson Mitchell Incorporated. Said plat shall be subject to the review and approval of the Department of Planning&Community Development,and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "TIDAL WAVE AUTO SPA—1861 Kempsville Road—Virginia Beach,Virginia—SITE ON SURVEY,SHEET C-100", prepared by Paulson Mitchell Incorporated,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. 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 issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "TIDAL WAVE AUTO SPA—1861 Kempsville Road—Virginia Beach,Virginia—LANDSCAPE PLAN, SHEET LA-100", prepared by Paulson Mitchell Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the elevations entitled "NEW TIDAL WAVE AUTO SPA—Kempsville Road—Virginia Beach,VA 23464, SHEET PR.1 and PR.2", prepared by M. Todd Albritton Architect,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 5. The car wash vacuum enclosure, pay canopy, prep canopy,vacuum canopy, and dumpster enclosure shall substantially adhere in appearance, colors, and materials to the exhibit entitled "NEW TIDAL WAVE AUTO SPA— Kempsville Road—Virginia Beach,VA 23464, SHEET PR.4", prepared by M.Todd Albritton Architect,which has been SHJ Construction Group, LLC Agenda Items 7 &8 Page 4 exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 6. The freestanding sign shall substantially adhere in appearance,size, and materials to the submitted freestanding sign exhibit entitled "Monument Sign—8'Tidal Wave—Double Faced Illuminated Monument Sign", prepared by Clayton Signs,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 7. Signage for the site shall be limited to: a. Directional signs b. Pricing board signs c. One (1) monument-style freestanding sign, no more than eight(8)feet in height,set on a base to match the materials of the building and two (2) building and/or canopy signs. d. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and a separate permit from the Department of Planning&Community Development is required for all signage installed on the site. 8. When developed, a photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal.All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 9. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 10. The hours of operation of the Car Wash Facility shall be limited to the hours of 8:00 a.m.to 94043 8:00 p.m., daily. 11. The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the City's Stormwater Management 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/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. Previous Conditions from 2002 CUP 1. The site development shall be in accordance with the submitted site development plan exhibited to City Council and titled "CUP Application Atlantic Shores Baptist Church", dated 1/11/02 and prepared by PHR&A, PC,which is on file with the Department of Planning. SHJ Construction Group, LLC Agenda Items 7 &8 Page 5 2. The new sanctuary shall substantially adhere to the submitted elevation exhibited to City Council and titled "Atlantic Shores Baptist Church Future Sanctuary" prepared by Ivy Architectural Innovations,which is on file with the Department of Planning. 3. The family life center,future office building and future education building shall substantially adhere to the submitted elevation exhibited to City Council and titled "Atlantic Shores Baptist Church New Family Life Center, Future Office Building, Future Adult Classroom" prepared by Ivy Architectural Innovations,which is on file with the Department of Planning, except that all three buildings shall have brick,(matching the front of the building) extended to the first floor level on both sides and the rear of the buildings. 4. The landscaping along Centerville Turnpike shall substantially adhere to the rendering exhibited to City Council and titled "Centerville Turnpike,Atlantic Shores Baptist Church," which is on file with the Department of Planning. 5. A resubdivision plat vacating all interior property lines shall be recorded prior to the release of any approved site plans.The applicant shall also execute a right-of-way reservation agreement for Centerville Turnpike with the City and submit the agreement with the final resubdivision plat for this development. 6. Phase One improvements shall include the following items: a. Family Life Center and parking lot. b. 1,570 square foot classroom addition to main sanctuary c. Category IV buffer north of Dylan Drive along the eastern property boundary. d. Installation of the 20-foot-wide landscape buffer along Centerville Turnpike for a distance of 400 feet (starting at the area in front of the music ministry building and running along the new parking lot improvements). e. Installation of landscape plantings in the grassy area east of the Kempsville Road entrance that will sufficiently screen the portable trailers. Landscape plantings shall be subject to approval by the Planning Director. f. Entrance revisions to Centerville Turnpike as shown on the master plan,to include installation of right tum lanes. g. Removal of the two portable trailers fronting Centerville Turnpike. Removal of the trailers shall be accomplished prior to a certificate of occupancy being issued for the Family Life Center and/or the 1,570 square foot classroom addition. 7. Phase Two improvements will include the following items: a. New sanctuary and parking lot. b. Installation of a 30-foot-wide landscape buffer along Kempsville Road,similar to the buffer provided on Centerville Turnpike. Landscape planting will be subject to the approval by the Planning Director. c. Renovation of the existing sanctuary to accommodate additional classrooms. d. Removal of the four portable trailers on the east side of the sanctuary. Removal of the trailers shall be accomplished prior to a certificate of occupancy being issued for the new sanctuary or the renovations to the existing sanctuary. 8. Foundation landscape plantings shall be provided for the church office building to be constructed as Phase Three. 9. When the education building shown as Phase Four is constructed, Category IV landscaping along the eastern property line,south of Dylan Drive shall be installed where the subject property abuts residential use (a distance of approximately 150 feet). 10. A modification of this use permit will be required for any changes to the phasing of this development as outlined in conditions 6-9 above. SHJ Construction Group, LLC Agenda Items 7 &8 Page 6 Previous Conditions from 1999 CUP 1. Approval is for the expansion of the parking lot ONLY at this time. It is understood that the rest of the proposed expansion will not go forward until proposed renderings and landscape plans have been received and all issues pertaining to the portable trailers and semi-truck trailers located on the site have been addressed. Previous Conditions from 1998 CUP 1. A variable width right-of-way dedication is required along the frontage of this site on Centerville Turnpike. 2. Category IV landscaping in accordance with the proposed landscaping,screening and buffering specifications and standards shall be installed along the northeastern boundary where the subject site abuts residential property. 3. The existing curb cut on Centerville Turnpike nearest the intersection shall be eliminated. 4. The second curb cut on Centerville Turnpike shall be relocated to align with the main entrance to the proposed shopping center to the west and the median opening. 5. The northernmost curb cuts on Centerville Turnpike is acceptable. 6. No additional curb cuts will be permitted on Kempsville Road. Comprehensive Plan Recommendations This site is located within the Centerville Strategic Growth Area (SGA).The plan recommends reviving existing development areas, improving the pedestrian environment, and incorporating open spaces on commercial sites to serve both customers and nearby residents. Development standards for commercial sites in this area seek to prioritize the street experience, provide shaded circulation, reduced setbacks, and create large sidewalks for pedestrian walkability, outdoor seating, adequate lighting, signage and landscaping, and proper screening that is reflective of the site and street-facing facades. The proposed use is in keeping with this vision of this area to continue to develop both residential and service retail uses.The proposal meets the intent of the design guidelines in regard to building and site design and would be supported by the Comprehensive Plan. Given the location along Kempsville Road, street trees should be incorporated into the design along the length of the property,to meet the development standards of providing shaded circulation and improve walkability. Street furnishings, such as benches on the sidewalk,trash receptacles,and street lighting should also be included. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. SHJ Construction Group, LLC Agenda Items 7 &8 Page 7 Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of a car wash building and associated parking area. Stormwater runoff from the site currently drains to an existing onsite storm sewer inlet,which connects to the existing public storm sewer system in Kempsville Road. Stormwater runoff from the proposed buildings and parking area will be collected into an underground detention system that will treat for both water quality and water quantity before discharging into the public storm sewer system in Kempsville Road. Manufactured Treatment Devices will be utilized for any remaining water quality pollutant load reduction requirements not treated by the underground detention system. Based on the information provided by Paulson Mitchell Incorporated in the Preliminary Drainage Study,the DSC 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: 2.19 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area: 1.35acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention and Manufactured Treatment Device Description of outfall:Stormwater runoff from the site that enters the Stormwater Management Facility will discharge directly into the public storm sewer system in Kempsville Road. Downstream conveyance path:This site is part of the Upper North Landing River Drainage Basin. Drainage from this site drains through a series of interconnected canals to Stumpy Lake, into the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Traffic Impacts Street Name _-.: ,Present Volume ', Present Capacity: Generated Traffic;; Centerville Turnpike 19,200 ADT1 12,500 ADT 1(LOS 4"D") Existing Land Use 2a—0 ADT Existing Land Use 2b-1,100 ADT Kempsville Road 28,180 ADT' 32,700 ADT1(LOS 4"D") Proposed Land Use 3—500 ADT 1 Average Daily Trips 2a as defined by a vacant 2-acre 3 No information available in the 4 LOS=Level of Service parcel ITE Trip Generation Manual for 2b as defined by a 2-acre parcel event venues zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Centerville Turnpike in the vicinity of this site is a two-lane minor suburban arterial roadway. Centerville turnpike has a variable width right-of-way, and the master Transportation Plan shows a divided roadway with an ultimate right-of-way width of 150 feet. SHJ Construction Group, LLC Agenda Items 7 &8 Page 8 Kempsville Rd is a four-lane divided minor urban arterial road in the vicinity of this site. The Master Transportation Plan proposes a six-lane divided facility with an ultimate right-of-way of 150 feet. There are two capital improvement projects scheduled for this segment of Centerville Turnpike at Kempsville Road. Centerville Turnpike Phase II and III, managed by City of Virginia Beach,will reconstruct Centerville Turnpike from Indian River Road to Chesapeake City line as a four-lane divided highway with bike facilities.Phase II is scheduled for construction beginning in 2025 and Phase II is scheduled for construction beginning in 2027. Public Utility Impacts Water There is an existing 12-inch water main along Centerville Turnpike and an existing 8-inch water main along Dylan Drive. There are two existing 20-inch water transmission mains along Kempsville Road.The subdivided lot must connect to City water. Sewer There is an existing eight-inch sanitary sewer gravity main along Dylan Drive and an existing 24-inch HRSD force main along Kempsville Road.The subdivided lot must connect to City gravity sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10,2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 2,2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 24,2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on August 3,2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, August 22, 2023 and August 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 21, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virciiniabeach.gov/city-council on September 1, 2023. SHJ Construction Group, LLC Agenda Items 7 &8 Page 9 Existing Site Layout w/ Proposed Subdivision may , �� 1,',. I —s � II ` a s �� \ -� 'I t , . W g \N V ) ,, 11 ! 1 /a a �- i w s I � V v 1 A �• �: , ij �' I U [�r \y '�°C II' =, can c^ „ x — — — ' I.I -i 1 ems _ - ilh 19 j A, ,�� 1 ! , t'r i 1 .1 �r-- -'— {"� `� i' ;fin a .-,� _ - �, ,,x 1 f 1 it,, ;� I -- . 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II , II Oh I a s • I iFp IMS \ _ ; IIyy \ , 1!s .a $.. !li,11j- • Ii , t ' : . w 3.1'1 I 1 0 z ' I - El .,:i 1, a , 1 `8! • Iia91F H✓� � S-s, it /, f St ej a SHJ Construction Group, LLC Agenda Items 7 & 8 Page 13 Proposed Floor Plan & Exterior Finish Materials . 1,11: 1 4 0 gill *hi 11 1 ! A 0. .- 7- .'-'- !I 6' 1 3 0 ! 4) 1 e _:tip .i1 L 5 VI . • • . • n - g I! : ir °44 1 ii; RZA1C7'..RA 0141 i . ., , , ,,,fa, 1,4tgif 1: , k I,,1 Du i 1•, rr VW00,11 . . .._._._. . ._. iltt ii !....,. gr.! —1, . i!iiiii il li r 11.1p4 b 4 ' I I —1.— I , I i , ® # Z It> ar 1 • w: ti ....V.. .li j Iv li II 1 • 5i,- I, _- it :" 4. I - 'It : 5 • ,.1 . , _. 11 p.it 1 ii 1, . i •Fk % h 0 I :: I k v ti 1 rii i i r.1 ...,1..-• : - gg kg N . eliiiie.• _, 1 ,...! . i : 1 ; I 2 ` -- :.....: .CD o : • i , —"t; ' 1 ' : . s:' 11 iflf I ' ' ' , . _ il ill t fr / if_ 11 frfi ti , L Igi IV .g l ;!i ' .' : .,1 1‘ i'M ' I 6 f.... '1 g k , 1 1 . iiii P.• • . A _ ... 1 4 Ill t.;1? r i t - , I _ ., . ...., , . II Ili fki 4 11N g0 AP ah. 1)i <> . . 'i.',1 „I' •_ - r! !Il- vi Li li 14. 0 •, oi.,...1 . 7 , f i.., 11! to'' io. ; , - • FT .1! 1 :. if i 1 - _iii...,: ‘: 4 i ,.. • • 2, 4) ,..h, t Iiiiii '•' qtc1 ;7;i5li FT. h.11. i — ...: . • .. • .. - ...: (.., (.... 1 — (> SHJ Construction Group, LLC Agenda Items 7 &8 Page 14 Proposed Vacuum Enclosure, Canopies & Dumpster Enclosure .0u 0,1..5.400 144:.nqevq1311.1,C. LIT • LU . i" , w? kgt. i Z i -00'r gi LU ,----1. -- '--. -P . OIiiIt , . w . ' li 1 gt 11 4 zti 2 1. ti 0,1 4( 11111 ' ;ill 1 i i*i: 1 CL 11 ; 2 4t ,' : ,.... •t ' ''' •i / : 111111 tii r . k 2 x •, N i i 1 . I .1111.114ra, r— •• ., __ . qii:4 :4i i !MI til ; •*-4 i Pq i gEl ill 1 tilfg5 : $ :! 0 I i hse i n1 14 ON V i - 4: i le Li g _Li •‘ • MI 1. i....;:,;:.c% 11 - ii r, il I - 1 ..,:., ,,,. _ II . 1 r ,- •• i,r,'•'' a_ di a. 0 a_ I , < (...) z < , z a_ a_ Lu ", I < i 1 ct II A : r 1 i ' ; I Iti ' 1,- [ ,\ _ kr,1 , g ',I, -P-4 . .,••• , . • •,, SW Construction Group, LLC Agenda Items 7& 8 Page 15 Proposed Freestanding Monument Sign Monument Sign-BE Tidal Wave Double Faced Illuminated Monument Sign TIDAL t WAVE t 1 AUTO SPA ' $04*. I. Y' 4283 r _..........,iiiiiiti SHJ Construction Group, LLC Agenda Items 7 &8 Page 16 Proposed Building Signage Wall Signs 12"LED Illuminated Face Lit Channel Letters „,11.* 100041\ FRONT VIEW 6 ASOrKt r- _ — IiIRt, Wall Signs LED Illuminated Face Lit Channel Letters L Jr , L L✓ V l 7 i� FRONT VIEW tper i, qq. SHJ Construction Group, LLC Agenda Items 7 & 8 Page 17 Site Photos I _ ATLANyie y.. aF .. :MAPTIBT • C►eU1cN till qj • SHJ Construction Group, LLC Agenda Items 7 & 8 Page 18 Site Photos v et w • R. L Y ,4,,,r1 . ) . :gym t h ^dMZ• ' • i.�Y .i' .,� '" aM`, 7 t ; n1'•`.. of AL .. I try �..'' �. _ I : .i `,� _ a 1 + ,�w 1 ty.. - „' .. "h`;,.,1%.,„..,K.4.,; :.$',-,..,-'74 ; 1:1.11',-*.t.i,atf;.•.;/::..._,...7"2-:41'ItiNJ.,'''.'": ,c6.*:.,:: ,,&W...k.-i • ',..,, ..::.:1'-`..,"-":,t•'' '‘'.1'..;`,,, k.4rcie r R!`r SHJ Construction Group, LLC Agenda Items 7 &8 Page 19 Disclosure Statement Disclosure Statement NI3 Cuy of Virginia Beach Planning&Community _ - sk, 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 SW Construction Group,LLC Does the applicant have a representative? II Yes ❑No • If yes,list the name of the representative. Martie Murphy 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) See attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage SHJ Construction Group, LLC Agenda Items 7 & 8 Page 20 Disclosure Statement LommusiDisclosure Statement1/3 C iry of Virginia Brach • Planning&Community •1/4 Development • Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes l No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?ni Yes ❑ No • If yes,identify the firm and Individual providing the service. M.Todd Albritton Architects(Todd Albritton),Paulson Mitchell Inc.(Josh Russell) 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage SHJ Construction Group, LLC Agenda Items 7 & 8 Page 21 Disclosure Statement Disclosure Statement fl' ray 41,in nw Sad,• Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes MI No • If yes,identify the company and individual providing the service 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?I.Yes 0 No • If yes,identify the firm and individual providing the service. Paulson Mitchell Inc.(losh Russell) 8 Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. I'I/ (��1 Applicant Signature Martie Murphy Director of Entitlement Print Name and Title 06/19/2023 Date Is the applicant also the owner of the subject property? ❑Yes MI No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of DaLe 8/17/2023 Signature f'��✓ Print Name Marchelle L. Coleman Revised 11 092020 3 SHJ Construction Group, LLC Agenda Items 7 & 8 Page 22 Disclosure Statement Disclosure Statement _ City of Virginia Bash Planning&Community Development Owner Disclosure Owner Name Atlantic Shores Baptist Church Applicant Name SHJ Construction Group,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?II Yes D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Ron Jones,Dan Till,Ivey Walker,Andy Weissinger, Scott my, • If yes,list the businesses that have a parent-subsidiary'-or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes II.No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 i P a g e SHJ Construction Group, LLC Agenda Items 7 & 8 Page 23 Disclosure Statement Disclosure Statement CIty of Vmpnw 6nidi Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing{mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the financial institutions providing the service. Union Bank&Trust 2. Does the Owner have a real estate broker/agent/reahor for current and anticipated future sales of the subject property? Yes ❑ No • If yes,identify the company and individual providing the service. Harvey Lindsey-Bob Beasley 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 D No • If yes,identify the firm and individual providing the service. Megan Ross,CPA 4. Does the Owner have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?I!Yes ❑ No • If yes,identify the firm and individual providing the service. Equip Studio — TANNER SHARc 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchase'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 E No • If yes,identify the company and individual providing the service. Cornpo Construction — GOwL corm 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. Kimley-Horn — LAl1RENC,£ RE(soN hsised11.09.2020 6IPage SHJ Construction Group, LLC Agenda Items 7 & 8 Page 24 Disclosure Statement Disclosure Statement-- \B Ciry of Llnuui„N,vdl Planning&Commun'I '. Development - ` , >00.00------, 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?I Yes 0 No • If yes,identify the firm and individual providing legal the service. Basnight,Kinser,Leftwich,&Nuckolls,P.C. — Ktrll`I 1-IOLT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 61 w Ow -tu lip Print Name and Title 6.19.z� Date Revised 11.09.2020 7 I p a g r SHJ Construction Group, LLC Agenda Items 7 & 8 Page 25 Disclosure Statement CERTIFICATE OF THE SOLE MEMBER OF SHJ CONSTRUCTION GROUP LLC June 9,2023 The undersigned,GLENN M.JARRELL,hereby certifies as follows: I am the Secretary of New Potato Creek Holding LLC, the Sole Member of SHJ CONSTRUCTION GROUP LLC,a Georgia limited liability company(the"Company")on the date hereof,and in such capacity I have the authority to manage,control,administer and operate the Company's business and affairs, execute any and all documents on behalf of the Company, consummate any and all transactions of the Company and deliver this Certificate in connection with such authority. I. Attached hereto as Exhibit A is a true and correct copy of the Articles of Organization of the Company as filed with the Secretary of State of Georgia, and all filed amendments,all as in full force and effect on and as of the date hereof,without further modification or amendment in any respect. 2. Attached hereto as Exhibit B is a true and correct copy of the Amended and Restated Company Agreement,as in full force and effect on and as of the date hereof, without further modification or amendment in any respect. 2. Attached hereto as Exhibit C is a true and correct copy of a Certificate of Existence of the Company issued by the Secretary of State of Georgia as of a recent date. Nothing has occurred since the issuance of said Certificate of Status that would result in the Company ceasing to be of good standing as of the date hereof. 3. Attached hereto as Exhibit D is a true,correct.and complete copy of the resolutions taken by the Sole Member of the Company authorizing the Company to grant the Director of Permitting, Martie Murphy, the authority to: (i) apply for demolition, special or conditional use, utility, building,civil,zoning and other permits on behalf of the Company with respect to any real property owned by the Company or real property under contract in the name of the.Company; (ii)execute any and all documents required in connection with or related to such permits; (iii)act on behalf of the Company in connection with any planning and zoning matters related to any real property owned by the Company or real property under contract in the name of the Company;and(iv)apply for,obtain and maintain bonds in the name of or for the benefit of the Company. 4. The individual named on Exhibit D constitutes the Director of Permitting of SHJ Construction Group LLC on the date hereof,and the signature of the Director of Permitting of SHJ SHJ Construction Group, LLC Agenda Items 7 &8 Page 26 Disclosure Statement Construction Group LLC set forth on Exhibit E is genuine.Such Director of Permitting of SHJ Construction Group LLC is authorized to execute and deliver any and all documents in furtherance of the matters discussed in this certification on behalf of the Company. [Signature Appears on Following Page] _2_ SH1 Construction Group, LLC Agenda Items 7 &8 Page 27 Disclosure Statement IN WITNESS WHEREOF,the undersigned has executed this Certificate on the date set forth above. ' / GLENN M.JARRELL, Secretary of New Po •Cree oldings LLC, Sole Member of S Con ction Group LLC SHJ Construction Group, LLC Agenda Items 7 & 8 Page 28 Disclosure Statement Control Number:0502196 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King,Jr.Dr. Atlanta,Georgia 30334-1530 CERTIFICATE OF CONVERSION 1, Brad Raffensperger,the Secretary of State and the Corporation Commissioner of the State of Georgia, hereby certify under the seal of my office that articles of conversion have been filed on 12/28/2020 converting SHJ Construction Group Inc. a Domestic Profit Corporation to SHJ Construction Group,LLC a Domestic Limited Liability Company The required fees as provided by Title 14 of the Official Code of Georgia Annotated have been paid. WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on 12/29/2020. -�n uFc am,4"0,\ TI Brad Raffensperger 1776�. Secretary of State. SHJ Construction Group, LLC Agenda Items 7 &8 Page 29 Disclosure Statement ('ERTIrl(-,TJ OF CONVERSION OF SW CONSTRUCTION CROUP,INC 1)ECF 1BEll 28,2920 I. The name of the corporation is SfJJ CONSTRUCTION GROUP, INC. (the"Corporation"), and the Corporation is a Georgia corporation,control number 0502196. 11. The Corporation hereby elects to become a i;eorgia limited liability company pursuant to the Georgia Limited liability Cnrup.urti Act(the 1,1fiAc,t"). Ill. 'I he conversion of the Corporation to a Limited 1..isbihly Cumpan-e shall he effective upon tiling. IV. 'llre Corporation's election iu become a Georgia limited liability company has heat approved pursuant to Section I4-2-1 1(19.I attic Georgic'Business Corporation('ode,as required hr Section l4.1 I 212(0)Ott the I.1.0 Act. V (died with this Certificate of Conversion are Articles of Organization Of SI 1J Construction Group, I,I,C, the limited liability company formed pursuant hereto{the"company"). which are in the limn required by Section 14.11-204 oft e LI,C Act,which set forth a name for the limited liability company that satisfies the requirements of Section 14-11 207 of the l.l,C Act,and which shall be the Articles of Organization for the Company unless and until modified put:unnt to the I,1,C Act. VI. In order to convert the shares of capital storl, in the('ctrporatio a into interests of the Catrp� {the"Conversion"),at the effective time of the Conversion.without any lathe;action on the pan of the Corporation.the Company or nay cquilyhulder t]tereeof the issued and outstan,th p;.zhates of capital in the Corporation,all of t+_!ticlt are held by New SI IJ Construction Group, ha..a Georgia crttponaivrt- shall he converted collectively into a one hundred percent(10t1%)limited liability-cc+mpnv interest in the (Signature Page i o11nwsl SHJ Construction Group, LLC Agenda Items 7 &8 Page 30 Disclosure Statement • IN WITNESS WilEREOF,fire undersigned has executed this Certificate of Conversion to he effective as of the dote firm 2iryve written. SIIJ CONSTRUCTION GROUP,INC, f� --771 Name: Scott Bind-stock Title, President and Chief Executive Officer r" b -� t -It { �. r. [SI I onstruction Group,Inc.Certifieote ofConvcrsionl • SHJ Construction Group, LLC Agenda Items 7 &8 Page 31 • Disclosure Statement• C OF ARTICLES OF ORGANIZATION ItdrAgE OF Z020 CEC 28 At-t II:07 SHd CONSrRUCfION GROUP,I.LC thew Articles of Otg niration or SW Construction Group,LLC,doted Dezember 28,2(20.::r%. for the purpose or forming a limited liability company tmdee the(;aorhia Limited L.iabtlit ('rnupark. Act tr�('(iA 14-I1-100erscy.1 Il. the name of the limited liability colnpnny is"S1 IJ Cortstnictton t iraup,6 I(' IN WITNESS WHEREOF,the undersigned hr*signed these Ariicka of Organirntion Ds of -Decenrbex 28,2020 Cody Mntlsi.,Orpc,9nruer SHJ Construction Group, LLC Agenda Items 7 &8 Page 32 • Disclosure Statement SECRETARY OF STATE CORPORATIONS DIVISION OFFICE OF SECRETARY OF STATE 12/28/2020 4:53 PM CORPORATIONS DIVISION s'�{'0 e, 2 Martin Luther King Jr.Dr.SE 1 � Suite 313 West Tourer Atlanta,Georgia 3033.4. (404)656-2817 sos-Secretary of State gag01 TRANSMITTAL INFORMATION FORM GEORGIA LIMITED LIABILITY COMPANY IMPORTANT. Please provide the entity's primary email address when cnrnl,O'inq this form Primary Email Address: cody.mathis(d"troutman.com NOTICE TO APPLICANT: PRINT PLAINLY OR TYPE REMAINDER OF THIS FORM STD Construction Group,LLC LLC Name Reserystion Number(If one has been obtained;If articles are being filed without prior reservation,leave this line blank.) LLC Name(List exactly as it appears in articles,) 2 Cynthia French flame'of Person Filing Articles of Organization(Certificate will be mailed to this person at address listed below.) 600 Peachtree Strut NE.Suite 3000 Atlanta GA 30308 • Address City State Zip Code cyntltia.frcnchCEtroutman.com (404)883.3569 Filer's Email Address Telephone Number 3 124 E.Thomston Street Principal Office Mailing Address of LLC (Unlike registered office address,this may be a post office titer.) Thomaston GA 30286 City Stale Zip Code 4 Scutt Blackstock Name'of Registered Agent in Georgia 124 E.Thompson Street Registered Office Street Address In Georgia(Post office box or mail drop not acceptable for registered office address.) Thomaston Upson GA 30286 City County State Zip Cade scrrtt(Q ssblackstock.com Registered Agent's Email Address — 5. Name*and Address of Each Organizer(Attach additional sheets if necessary.)' L'odti Mathis 600 Peachtree Street NE.Suite 3000 Atlanta GA 30308 Organizer Address City Stale Zip Code Organizer Address City State Zip Code 6 flail the following darns to the Secretary of Stale at the above address: 1) This Transmittal tnbnnation Form; 2) The Articles of Organization;and 3) Filing fee of S110U0(5100 filing fee S10 paper filing service charge)payable to Secretary of Stole.Frfng fees are non•returtdeble. I understand that this Transmittal Information Form is Included as part of my filing.and the information on Res form will be entered In tire Secretary of SloJa-busi ss entity database.I certify that the above information is true and correct to the best of my knowledge i t"-(' ( .0 December 2S,2020 S,gnatrye of Aulhoraed Person Date Cynthia',tench Print Name' 'Enter individuals legal name,i.e.first and last name without me of Initials or nicknames.Middle names Of initials may be Included. FORM CD 231 rae,racersr SHJ Construction Group, LLC Agenda Items 7 &8 Page 33 Disclosure Statement PLAN OF CONVtILSION FOR SIIJ CONSTRUCTION GROUP,INC. DF:C'1>:Min:R 28,2020 • Ihi.s Plan of Conversion (this "Minn is for the put-prise of effecting the election of SFt.1 ('ONS RUC1nos GROI:l', INC., a Georgia corporation (the "Corporation''), to become n Georgia li;vital liability company pursuant to Section h1-2.1 109.i of the Georgia nosiness Corporation Code 1. The tonne of the Georgia limited liability company to be fanned pursuant to the Corporation's election i+SJ1.1 CONS'1'RUCTIO1 GROUT',LLC(the"c..onijrarrv"). !I Such election shall he effective upon the tiling of the Certificate or('treeet5,m cloth the Se:trtary of State. Articles of Organization of the Company in the 1hnn attached hereto; t:d:ihit A.Which are the tarn required by Section 14-I I-20.1,shall he tiled with the-Georgia Secretary of Stare and shall Ix't)te iAm.tcics of Organimion for Ore Company- unless and until modified pursututt !a ;lee (hiirgia I inli:c.i Liability Company Aci. IV the Operating Agreement of the Company in the fount attached hereto as Exhibit R shall he the Operating Agreement for the Company.The sole shareholder's execution of this Platt shall be deemed to !� e sccotthum of the Operating Agielut em of the Company by such sole shareholder. In order to convert the shares of capital stock in the Corporation into interests of the Company (the"Conversion"),at the effective time ol'the Conversion,without any tardier action on the part of the Cl►q:oration.time Company or am equitv'holder thereof,the issued and a:ayes:tc!'snp sletres of csrpiiai.tcu•1 in the Corporation.all of which are held by New SH!Construction t imp. Inc..a Georgia corpora!ir.rt. ~hull ire ronver'1af collectivOy into a one hundred petecnt i ttilt' )membership interest in the('tin:panm l he scale shareholder's esecution of this Plan shall be deemed to be such sole shareholder's approval at fir,(':>lparrtion's election to convert into the('ontp:m . ISigrt;uare Page I-alloncsi SHJ Construction Group, LLC Agenda Items 7 &8 Page 34 Disclosure Statement IN WITNESS WHEREOF,the undersigned has executed this Hn:t as of the dEte first above written, • By: Name: Scott 131eckstock Title. Presideu!And Chief Executive Officer I -I .L cA �? C U� tvn [SW Construction Group.inc.Plan of Conversion. SHJ Construction Group, LLC Agenda Items 7 &8 Page 35 Operating Agreement f I fli 51EMBE t 11Ii'IN I LRES I S RE:PR1;S1iN(El)BY II IIS l:IMI LLD I.IAIIIIJ I Y COMPANY ,1(iR1:1:M1W I[AVE NO BEEN RLGIS'I'EREI)I/NKR i i 1E t:Nrfllil)S f,1"t1 s SECA IRFI1FS AC I O1'1933,AS MOUNDED,OR UNDER ANY OTHER R APPLICABLE SEC URI HES LAWS. SI;C1 I IN hhltliS'IS MAY NOV' BE SOLD,ASSIGNED,PLEDGED OR O•111ERWfSJ>DISPOSED t.31 �\1 A\Y"1't it \Vil'I1O1i'1` f1V1'.RI:(ils'fltA ElON uND1:1(St('i l Au. AND I,A1l'S O}2 I ;ON flILREFRO'sl,AND COMPLIANCE WI.111'13il:01II1',f(RES1'i(lt t•It)\S(.IN IRA NSi f?ICA13I1.I l Y SET Fowl It HEREIN. LIMFI1')1,IANIi,II 1`COl1P,%NY ACItEEN1E\, OF SII3 CONSTRUCTION CROUP,l.l.0 'Ibis Limited Liability Company Agreement (this "Agreement')sit Sill Constriction (group. I.I.(',a Georgia limited liability company(the"Ccit+rpan4").is uttered info as of 1).sri i:ther 28.2020, cse SI tl ('Unnruction Group. Inc.. n Georgia corporation,as the sole:mariner of the ('otnp:iny (the 'iic(i;ha''). RECITALS WHEREAS, the Company was formed ore 1)erentber 28. 2020. hca.ring the name SIB Construction Group,LI,C,as a limited liability company under the Georgia Limited liability Compaq) Act(().C.(;.A.'y 14-1 1-100,et sell);as amended from lime to time Rho"Act");and WIlld(LAS.the Member desires to enter into this Agacement,ptrrsaant tc:winch the tights anti oblil:arions or the Member and cetlain other constituencies of the C.ompa;:s shall be NCI !Oral and afreed upon as ot'the date hereof, NOW THEREFORE,for good and valuable:consideration,the receipt and sufficient) of ishicir arc tetchy cK1;:J►lishcd,tic Member hereby agrees LP,follows: AGREEMENT I. Formation. .I he Company has been organited as a(ies gia limited ii;tieiiitti coinf:,ttt) tit ia;t rti'a certificate of formation the Teeriilic,•ae")nuclei and ptrrsuat!to the Act. 2. Name. the name of the I rampant is"Si i f('snstoiction Ihntrt> 3. Registered Office; Registered Agent; Principal t)lliu; Other()Ifirtsr Hie rtgtstcred office of the Cornpan) required h) the Act to be maintained in the State of Georgia shall he C 1 ('orporatitxi System,289 South Culver Street,Lawrenceville.Georgia 3001tr or such other orrice(which need riot be a place of business of the Company)as the Board(vs defined below)may designate trout time to titre in the manner provided by. law. 'Elte_registered agent of the Company in the Stale of Georgia shark ixe the initial registered agent named in the C'ertilie5ite or such other person ut pascals*the Board ma) designate from time to time in the manner provided b) law. I he principal office or the Comprny shall he a(such place as the Board!nay designate from time to time:which need net he in the Stale of- t at?rgia.and the('onrpany shall maintain accords there. SHJ Construction Group, LLC Agenda Items 7 &8 Page 36 Operating Agreement t. Purposes- I he Company will mist ti►r the obiect and p ra,rse of, and the nature o' Oi;tiiness io be conducted artii promoted by the Company is and ►hi be. et airIf in am :tstid activity for which limited liability txltttp,tnies may be formed under the Art ;r::d acti\ities necessary nr incidental to the foregoing. S. Term. 'l he existence of the Company commenced on the date the Ceialieatc was liltr4 et irk: the office of the Secretary of Slate of Gcsruia mid shall continue until the Company is dissolved pursr::snt to Sertiou 13 of this Agreement 6. Member. the name and the mailing address of the Mcruhet are identified on Schedule attached hereto, 7. Liability of Member. Except as otherwise required by anpiicable law and as explicilfy set fin;in this Agreement,the Mendrer shall nut have any personal liability wl'at,net'et in such Mcurtxr's capacity as a Member. whether to the Company,to the creditors of the Company or to any other third party,for the debts.liabilities.commitments or any other obligations of the Company of fur any lo.sses of the Company, N, Management. (a) All management powers over the business and aitbirs of the Company shalloe exclusively vested in a hoard of managers(the"Iloarsi")appointed from time to time by the Member. i t the hoard shall conduct,direct and exercise full control over all activities of the Company. Each inemn,em oldie 13uard is refuted to herein as a"Manager." the Munagers skull be the"managers"oldie Comutortt Mr Me purposes of the Act. 'the Board has the MI power on the Company's behalf. in its name, to Inane;:etc.control,administer and operate its business and affairs and to do or corms to be done anytit ta,r nccessery:u appropriate for the Company's business. 'ihe Managers arc hereby designated as amtirariaed persons, ttithin the meaning of the Act,to execute,deliver and file the certificate of formation of thy Company and all outer certificates (and any amendments andfor restatements hereof) required :.rr permitted by the Act to he filed in the Office of the Seeretars•of State of the State of()eorgia. Om) 'I ire initial trundler of Managers shall be three t 3). I he timber Of,Maaal;e:, 1±a. ('ompaims shall l,e fixed front tinge to time by the Member the i itial 1'z�.�a,c r'. sl:s!! be St 0- li;ia;k.tuck,Beth Prier.and Glenn Jarrell. Each Manager shall hold his ofriee lot tine term for tcitit'h tots appointed and thncrealtter until his successor Avail have been appointed. or until his earlier tiearir resignation car removal. A Mutineer need not be a Member or a resident of the State of Georgia. (c) Any Manage) position to be filled by reason of an increase in the neither id Managers or by army other reason shall be tilled by the Member. Any Manager may be rrrnuvcd by the Menthe:at any time. Any Manager may resign at army time. Such resignation shall be made in writing and shall rake effect as the time specifier:therein.or if no time is specified,at the time of its receipt by tint remaining Managerls). lire acceptance of a resignation shall rem be necessary to make it effective,unless esp:c;sly so provided in time tesignatiurt id i i ftt'1h and Ina) act(it thrm igli tneetn11'and U r;!!t'i: p tr,(lOmi h(c,l::rttl In l tirou!lm lent ia:7,on of persons to otmorn rrmidrnrra and it i e ;;i�t:1i:i]tti'ic';.I':!pur5mmL:i'' S_ctito:r h;,i) Manager dull tat ye one SUte on all rn311crs s::nnntt;ed to Lire iloard twItetty time consideration of such matter is taken at a meeting.by written consent or ntht!rwke), lime aftinum mis't' vole of tire Managers holding a majority of the vote:of the Manager shall he the:ct it the tio.u;f SHJ Construction Group, LLC Agenda Items 7 &8 Page 37 Operating Agreement \hctings(kith,Baird_:!tall he held at the principal office of the Company or at.'uch other place its may be determined by the Hoard. A majority of the Managers. present in person or through their duly authori-r->,Yl attorneys-in-that, shall constitute a quorum;at any meeting of the Hoard. Business may hr conducted once a quorum is present. Regular meetings of the Hoard shall he held on such dotes anti at such times as shall he determined hr the Board. Special meetings of the Board stay he called by a m;roritt of all of the Manay;ars on al least 24 hours'prior written nonce to the other Marrugels,sth;ci notice 5huli state the purpose(or purposes fur which such meeting is being called, 'lire actions tut rn ha the 13u:nd at any meeting.however called ant)noticed,shall be as valid as though taken ut c meeting duly held after regular call and notice if(but nut until),either before.at or alter the meeting,the Manager as at whom it was improperly held signs a written waiver of notice or a consent to the holding of such meeting or an approval of the minutes thereof. The aelions by the Board may be taken by vote of the Board at a meeting of the Managers thereof or by written consent(without a erecting.without notice arid without;1 rote)so long as such consent is signed by in least the minimum number of Managers thtit would he necessary to;authorize or take such action at a meting of the Board in whichi:di Managers were present Prompt notice of the action cci taken without a meeting shall be given to those Managers rum have t+ct consented in writing. Each meeting of the Hoard shalt, at the request of any Manager, be held ley conference: telephone or similar communiratiom equipment by meters of which all individual' participating in the meeting cart be head. (t) 'litc Board may,from time to time,designate one or more persons tole off cars ni the Company."No officer need be a resident of the State of Georgia,a Member or a Manager, Any officers so designated shall have such authority and pa'rfursn such duties as the Board may.from time to time,delegate to them. Ile Board may assign titles to particular officers. Scott Hlackstock shall be the Chief liNeetaive Ohlicct and Prsirlent.Bet'hire shall be the Chief Administrative Officer,and Glenn Jarrell shall be the(hsnerrl Counsel and Secretary (constituting all of the officer of the Company), Unless the Board otherwise decides. if'the title is one commonly used for officers of a business corporation.the assigtunent of such title shall constitute the delegation to such officer oldie authority and duties that are normally associated with that office,subject to any specific tlelegstion of authority and duties made to such officer b. the Board. Each officer shall Meld office anti:his su cessut shall be dab designated and shall quality or until his death or until he shall resign or shall have beets remixed in: e :st mmin r hereinafter provided. Any number of offices may he held by the same individual. Any iodic rt ;nay resign as such to any time. Such resignation shall be made in writing and shall;n kr'effect ut the rir.t' sped lied therein,or if no time he spaintied,at the tam,of its receipt by. the Board. (he acceptance tie le'5ignation shall not he necessary to make it c''tTective.mnrless espresaly so provided tis the resignation Any.riff icon may be removed as such,either with or Without cause,by the Huard whore 1cr in its jrtdgmrns the best interests of the Company shall in servers thereby. (g) Each 'tamirune►of the Company may at my ter;te a sti!lord time to time engage in anal own interests in other htrshtess ventures of any and even'type and de-script on,independently or with ither;(including ones in competition with the Comrpatty)with no obligation to ofldr to the Company'tor, tight tis rail Cipalt'therein_ 9. Indemnification;i;trulpation. (at the Company hereby agrees to indemnify and hold harmless any person tear'h an Iltye}tutiliei Person") to the fullest catent htcnnittsrd tinder the Act, mts the stet• new exists of mat he(tane'r ise amended, sultititated or replaced thut, na the ease of an, scid',srneudmcnt.substitution of ;eplacrutent only to the estemmt that such amendment,substitution or reel recrneat ptnnit,the Company to provide broader indemnification rights than the Company is prnviclitut immediately prior to such a:neatlaic:a t,against all cspunsas,liabilities and losses iinetudtne attorneys'Cees,imtt!n<ert'.ti,tine.excise taxes or penalties)reasonahl, incurred or suffered by such person by re.i.ow toI.tim'tint then such prriasat 3 SHJ Construction Group, LLC Agenda Items 7 &8 Page 38 Operating Agreement to teas tt member of the Company,is or was serving as a Man u,cr or on ofticer of the Company'or is or was serving at the request of the Company as an officer.director,principal,member.employer:nt agent of another corporation. partnership,joint venture, limited liability company, trust or other emerpriu: provided that(unless the Huard otherwise consents)no indemnified Person shall be indemnified for an, expenses, liabilities,and losses stiffens] that are attributable to such Indemnified I'erson's gross negligence.willful Misconduct or knowing violation of lath. I:xpens:es.including attorneys'lees,incurred by any such Indemnified Person in defending a proceeding shall-be paid by the Cump;uty in advance of the final disposition of simb proceeding.including any appeal therefrom.upon receipt of un artdertal:nrr ny or on behalf of such Indemnified Person to repay s►ch amount if it shall ultimately h,determined that stet:Indemnilicd Person is no)entitled to he irulernnified It>the Contlt;tny fits(:ontpanr may.by action of the Member.provide indemnification to utntpltrtees and agents of the Company with the sans' r+rci 04'0:is the foregoing indemnification of members.Matters and(+flieer,. (h) Notwithstanding molting contained herein to the contrary, any indemnity by the Company shall he provided out of and to the extent of Contprinv a.Ssets only,:tad the Member shall have no personal liability'on account thereof or shall he required to make additional capital contributions to help satisfy such indemnity of the Company, (c) Norte of the Indemnified Persons shall he liable to the Member or the Conway ihr mistakes of judgment.or for action or inaction,taken in gond faith,or for lenses due to siren mistakes. action or inaction.or to the negligence.dishonesty,or bad faith of any employee.hmket or other agent►f the Company, provided thin such wttployee,broker or agent sins selected, engaged. or retained with reasonable core. Any party entitled to relief hereunder may consult with legal ez,unscl and accountants in respect of affairs of the Company anti he fully protected and justified in any rctsortable action of inaction !blt is taken in good faith in accordance with the advice or opinion of such counsel or accountants, provided that titer shall have been selected with reasonable curl. Notwititstanciittg any of the foregoing to the rnrrtrary,the provisions of this pit:ggraph shall not be construct!so as to relieve(or attempt to relieve) amy person of any-liability(i)for conduct which is grossly negligent.reckless,or intentionally'wrongful o; criminally unlawful, provided that such person had no measurable cause to believe that his of its cnndttch has unlawful,or(ii)to the extent itan only to the extent)that such liability may not be waived. mortified.or limited under applicable law. Id) 'l'tc right to indemnification and the advancement and payment of expenses conferred its this Section 9-shall not be-exclusive of any other right which an Indemnified Person may have or hereuttet rrcuuire tinder any law(cnnnnon or statutory).agreement,tole of the Member or otherwise. Ill.Certificates. The membership interests of the Members shell he uneertilicated unless otherwise determined by the!Board, I I. Distributions, i)isttihutions shall be made to the Members rn accordance with their membership interests at the times and in the aggregate agitounts determiner!by the Board, 12, Allocations of Profits and Losses. fa) In the event the Company is treated as a partnership for 1 2i'dcrol incnutre t r\purp crsr. 'ire tsllcuinn provisions shall apply: 1i) 'Ilse Company shall maintain a capital account (erah,a"Capital Accountt")for lank.Member in uceorctunce with'treasury Regulations Section 1.71)4-t(h)(2his 1, l or this purpose,the - Company may,upon the occurrence oi'any of the events specified in'I'reauury Regulations Section 1.7tt4- 1(h)12)iivhft.increase'or decrease the Capital Accounts in accordance with tire rules n1 such regulation SHJ Construction Group, LLC Agenda Items 7 &8 Page 39 Operating Agreement and Ireosi y Regulations See tiuu 1.704- l(h}(2i(iv)10 to reflect a rei,iaxtio;; of Company property items of Company income.gain,hiss,expense or deduction lin any rises'period stud h t'allocated un:ong the Members in such manner that.us of the end of such fiscal period and to that greatest e.vrcnt pnssiNe the Capital Account of each\lather shall he equal to the respective ire;arsara:nt.positive or negadvc, which would he distributed to such Member from the Company or for which such Member would tie liable to the Compauty undo this Agreement. determined as if the C'u:ttparw were to(xi liquidate;ae assets of the Cortipany for an amount equal to their book value(determined according to the rules of treasury Regulation Section t.70.1-1(b)(2)(iv)) and (y) distribute the proceeds in liquidation in accordance with tiecIion 13. (ii) All income,gains,losses and deductions of the Company shall be allo:ated,ilia federal,state and local income tax purposes,among lir Members itt accordance smith the cllo.,Ini to nl rash inerrmc.Ruins, losses and deductions among the Members for computing their Capital Acrrsmus. ecxeep1 that if any such allocation is not permitted by the Internal Revenare Code of;9Fin,its amended.or other applicable law.the Company's subsequent income.gains,losses.deductions anal expenses shall ire allocated among the Metrrl.:ts so as to reflect as hearty as possible the allocation set fora, herein lit computing their Capital,canons. In the event that any propeny is Contributed to the Company by a Member,again or loss on the disposition of such property,and any lenses or deductions with respect to such prtrperty,shall first he slmn:d among the Members so as to take info ucciwnt the variation between the basis of the property to the Company and its fair market value at the time of contribution, all in accordance with Cock Section 70lte)and Treasury Regulations thereunder, lb) In the event that the Company is not treated as a partnership for t_;.5, federal income i?wposes,no allocation of income.gains,losses and deductions shall he made pursuant to this Section l2 13. Dissolution. The Company-shall dissolve,and its affairs shall he wound rap upon tire tits'.to occur of the following:(a)the written consent of the Member,(b)any time there are net members of the Company unless the Company is cnntinm:d in dernrdance whit the Act,or Cr1 the entry.nfa decry:of ;tttlic.ial tiissofutiuta under Section IS•fiD2 of the Act. In the event of dissolution. the Company slant Conduct only such act ivilies its time necessary to wind op its talks(nteludirrg the sale of the assets of the Compares its,an orderly nrennct),rand the assets or proceeds from the salt of rite assets of the Company shall he applied in the manner,mad in the order of priority.set fortis in Section Ilk (t t al the Act. 14.Cnpltnl Contrihulions. 'the Member is not required to make any capital contribution to the ta.Assignments. )lie Member may assign it)whole or in part its rr.eath.rdltip late:estr t;tiu Monti-ter tr'.e fern nuv of its interest in the Company pursuant to this S.grin i 5.the transferee shall f admitted to the Company upon its execution of art instrument signifcing its agreement to he bound by the ;a"nns and conditions of this Agre:ntent and such other documents and instruments its the Board determines to be necessary or appropriate.Ifs Member transfers all of its itttrnsts iu the Company,such admission shall he deemed efhctivc immediately. and immediately following such admission. the trwtsferot Member shall cease to he member of the Company.Upon assignment,the)heard shall amend Schedule I without the further vote.act or consent of any rather parson tar reflect sa;cl;new person as at \ienitx'r. 16_ ,%dntissimn ts1 Aritlitit>na1:a7cmlrcrs. One or more aulditicri;a!tt;c•tr.a',:�art*e t,'tsb;;taro ha a;t:aattte i tat the('a;riup'tny%snit the consent of the Board, tat order:o'.. a„1r:;it;r°tI; ,r,rnalT r r:; ': t ra:a,party.vault person sit:it urica t to the C'oanparn ate loran acre sigta:icit°,,:its al..irecialeal to Icons:and l'tat'wlitiott rt;this A+rra'ttrent and ~(`� ` :•�` (her dr tl't;atlt'!., !}1C t31`.trit 1 SHJ Construction Group, LLC Agenda Items 7 &8 Page 40 Operating Agreement dcteri ines to be necessary or appropriate. Upon admission,the board shall a lend Schedule I .,ithora thr ti:riher vote,act or consent of rmv other person to reflcet such new person as a Member. 17.Other Business Opporianilies. The,Member and any person or entity affiliated with r e Member may engage in or possess an interest in other business opparttu;ilies or ventures inneonrie ted with the Company)of every kind and description,independently or with others.including businesses that may compete with the Company.Neither the Member nor any person or entity affiliated with the Member shalt be required to present any such business opportunity or venture to the Company. even if the opportunity is of the character that, if presented to the Company, could be taken by it. 7:cihiler the Company nor any person or entity affiliated with the Company shall have any rights in or to such hosiness opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement. notwithstanding any duty otherwise existing at law or in equity. the provisions of this Section shall apply to the Member solely itt its capacity as member of the Company and shall not be deemed to modify any contract or arrrngcinertt,inrltrdittg without limitation any noncompete provisions.otherwise agreed to by the('ontpany and the Member. 38.Governing 1.ast. This Agreement shall be governed by,turd constn.cil under.the haw,crf the Stare of(i+'orgia.all rights and remedies being governed by said laws. 19.Amendments.lixcept as otherwise provided in this Agreement or in the Act,this Ag,tmrent may he amended only by a vote of Members holding a majority of the membership iateres:s. v 4 • SHJ Construction Group, LLC Agenda Items 7 &8 Page 41 Operating Agreement • IN WI I-NESS WI lEltE()1'. the undersigned, intending to he legally Iten:ny, has dui executed this Limited Liability Company Agreement as of the date iiixt written above. NIENMEI-1: NEW SII3 C()N.STIZIICTPON CRoup,INC. Name: Scutt 13Iuekstock 'fide: President and(7hiel Executive Officer rn c—) 7:- co cp , (7. - •• cr, I SI tollir.(14-thohn Ct,ropcon rtarm,n;; I 1.:`,Ih5,011N2 SHJ Construction Group, LLC Agenda Items 7 &8 Page 42 Disclosure Statement Schedule 1 Name,Address and Membership Interests of toe NSembers Horne Melnnrr.hip Into sip NetY SW Cunsttuciion(iroup,Inc. IUU% c/n(linden Gate Private Equity.Inc. (Inc I:mbarcadero Center,Suite 3900 San Francisco.CA 94111 SHJ Construction Group, LLC Agenda Items 7 &8 Page 43 Disclosure Statement EXHIBIT B AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT [[mended and Restated Operating Agreement Appears on Following Page] r SHJ Construction Group, LLC Agenda Items 7 &8 Page 44 Disclosure Statement THE MEMBERSHIP INTERESTS REPRESENTED BY THIS LIMITED LIABILITY COMPANY AGREEMENT HAVE NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933,AS AMENDED.OR UNDER ANY OTHER APPLICABLE SECURITIES LAWS. SUCH INTERESTS MAY NOT BE SOLD,ASSIGNED,PLEDGED OR OTHERWISE DISPOSED OF AT ANY TIME WITHOUT EFFECTIVE REGISTRATION UNDER SUCH ACT AND LAWS OR EXEMPTION THEREFROM,AND COMPLIANCE WITH THE OTHER RESTRICTIONS ON TRANSFERABILITY SET FORTH HEREIN. AMENDED&RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SHJ CONSTRUCTION GROUP,LLC This Limited Liability Company Agreement(this"Agreement")of SHJ Construction Group,LLC ,a Georgia limited liability company(the"Company"),is entered into,as of December 30,2020,by New Potato Creek Holdings LLC, a Georgia limited liability company,as the sole member of the Company (the"Member"). RECITALS WHEREAS,SHJ Construction Group Inc.converted to a limited liability company on December 28,2020,bearing the name SHJ Construction Group,LLC,under the Georgia Limited Liability Company Act(O.C.G.A.§ 14-11-100,et seq.),as amended from time to time(the"Act");and WHEREAS,the Member desires to enter into this Agreement, pursuant to which the rights and obligations of the Member and certain other constituencies of the Company shall be set forth and agreed upon as of the date hereof. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby established,the Member hereby agrees as follows: AGREEMENT 1. Formation. The Company has been organized as a Georgia limited liability company by the filing of a Certificate of Formation(the"Certificate")under and pursuant to the Act. 2. Name. The name of the Company is"SHJ Construction Group,LLC". 3. Registered Office; Registered Agent; Principal Office; Other Offices. The registered office of the Company required by the Act to be maintained in the State of Georgia shall be CT Corporation System,289 South Culver Street,Lawrenceville,Georgia 30046,or such other office(which need not be a place of business of the Company)as the Board(as defined below)may designate front time to time in the manner provided by law. The registered agent of the Company in the State of Georgia shall be the initial registered agent named in the Certificate or such other person or persons as the Board may designate from time to time in the manner provided by law. The principal office of the Company shall be at such place as the Board may designate from time to time,which need not be in the State of Georgia.and the Company shall maintain records there. 91772853_1 SHJ Construction Group, LLC Agenda Items 7 &8 Page 45 Disclosure Statement 4. Purposes. The Company will exist for the object and purpose of, and the nature of the business to be conducted and promoted by the Company is and will be,engaging in any lawful act or activity for which limited liability companies may be formed under the Act and engaging in any and all activities necessary or incidental to the foregoing. 5. Term. The existence of the Company commenced on the date the Certificate was filed with the office of the Secretary of State of Georgia and shall continue until the Company is dissolved pursuant to Section 13 of this Agreement. 6. Member. The name and the mailing address of the Member are identified on Schedule I attached hereto. 7. Liability of Member. Except as otherwise required by applicable law and as explicitly set forth in this Agreement,the Member shall not have any personal liability whatsoever in such Member's capacity as a Member,whether to the Company,to the creditors of the Company or to any other third party,for the debts,liabilities,commitments or any other obligations of the Company or for any losses of the Company. 8. Management. (a) All management powers over the business and affairs of the Company shall be exclusively vested in a board of managers(the"Board")appointed from lime to time by the Member,and the Board shall conduct,direct and exercise full control over all activities of the Company. Each member of the Board is referred to herein as a"Manager." The Managers shall be the"managers"of the Company for the purposes of the Act. The Board has the full power on the Company's behalf, in its name, to manage,control. administer and operate its business and affairs and to do or cause to be done anything necessary or appropriate for the Company's business. The Managers are hereby designated as authorized persons, within the meaning of the Act, to execute, deliver and tile the certificate of formation of the Company and all other certificates (and any amendments and/or restatements hereof) required or permitted by the Act to be filed in the Office of the Secretary of State of the State of Georgia. (b) The initial number of Managers shall be one. The number of Managers of the Company shall be fixed from time to time by the Member. The initial Manager shall be Scott Blackstock. Each Manager shall hold his office for the term for which he was appointed and thereafter until his successor shall have been appointed,or until his earlier death,resignation or removal. A Manager need not he a Member or a resident of the Slate of Georgia. (c) Any Manager position to be filled by reason of an increase in the number of Managers or by any other reason shall be filled by the Member. Any Manager may be removed by the Member at any time. Any Manager may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein,or if no tune is specified,at the time of its receipt by the remaining Manager(s). The acceptance of a resignation shall not be necessary to make it effective,unless expressly so provided in the resignation. (d) The Board may act(i)through meetings and written consents pursuant to Section 8(e)and(ii)through any person or persons to whom authority and duties have been delegated pursuant to Section 8(f). (e) Each Manager shall have one vote on all matters submitted to the Board(whether the consideration of such matter is taken at a meeting,by written consent or otherwise). The affirmative vote of the Managers holding a majority of the votes of the Managers shall be the act of the Board. 1 91772853 1 SHJ Construction Group, LLC Agenda Items 7 &8 Page 46 Disclosure Statement Meetings of the Board shall be held at the principal office of the Company or at such other place as may - be determined by the Board. A majority of the Managers, present in person or through their duly authorized attorneys-in-fact,shall constitute a quorum at any meeting of the Board. Business may be conducted once a quorum is present. Regular meetings of the Board shall be held on such dates and at such times as shall be determined by the Board. Special meetings of the Board may be called by a majority of all of the Managers on at least 24 hours'prior written notice to the other Managers,which notice shall state the purpose or purposes for which such Meeting is being called. The actions taken by the Board at any meeting,however called and noticed,shall be as valid as though taken at a meeting duly held after regular call and notice if(but not until),either before,at or after the meeting,the Manager as to whom it was improperly held signs a written waiver of notice or a consent to the holding of such meeting or an approval of the minutes thereof. The actions by the Board may be taken by vote of the Board at a meeting of the Managers thereof or by written consent(without a meeting,without notice and without a vote) so long as such consent is signed by at least the minimum number of Managers that would be necessary to authorize or take such action at a meeting of the Board in which all Managers were present. Prompt notice of the action so taken without a meeting shall be given to those Managers who have not consented in writing. Each meeting of the Board shall, at the request of any Manager, be held by conference telephone or similar communications equipment by means of which all individuals participating in the meeting can be heard. (f) The Board may,from time to time,designate one or more persons to be officers of the Company. No officer need be a resident of the Stale of Georgia;a Member or a Manager. Any officers so designated shall have such authority and perform such duties as the Board may,from time to time,delegate to them. The Board may assign titles to particular officers. Scott Blackstock shall be the initial Chief Executive Officer and President.Beth Trice shall be the initial Chief Administrative Officer and Glenn Jarrell shall be the initial General Counsel and Secretary(constituting all of the officers of the Company). Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation, the assignment of such title shall constitute the delegation to such officer of the authority and duties that are normally associated with that office,subject to,any specific delegation of authority and duties made to such officer by the Board. Each officer shall hold office until his successor shall be duly designated and shall qualify or until his death or until he shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. Any officer may resign as such at any time. Such resignation shall be made in writing and shall take effect at the time specified therein,or ifno time be specified,at the time of its receipt by the Board. The acceptance of a resignation shall not be necessary to make it effective,unless expressly so provided in the resignation. Any officer may be removed as such,either with or without cause,by the Board whenever in its judgment the best interests of the Company shall be served thereby. (g) Each Manager of the Company may at any time and from time to time engage in and own interests in other business ventures of any and every type and description,independently or with others(including ones in competition with the Company)with no obligation to offer to the Company the right to participate therein. 9. Indemnification;Exculpation. (a) The Company hereby agrees to indemnify and hold harmless any person (each an "Indemnified Person")to the fullest extent permitted under the Act, as the same now exists or may hereafter be amended, substituted or replaced(but, in the case of any such amendment, substitution or replacement only to the extent that such amendment,substitution or replacement permits the Company to provide broader indemnification rights than the Company is providing immediately prior to such amendment),against all expenses,liabilities and losses(including attorneys'fees,judgments,fines,excise taxes or penalties)reasonably incurred or suffered by such person by reason of the fact that such person is 3 91772853_1 SHJ Construction Group, LLC Agenda Items 7 &8 Page 47 Disclosure Statement or was a member of the Company,is or was serving as a Manager or an officer of the Company or is or was serving at the request of the Company as an officer,director,principal,member,employee or agent of another corporation, partnership,joint venture, limited liability company, trust or other enterprise; provided that(unless the Board otherwise consents)no Indemnified Person shall be indemnified for any expenses, liabilities and losses suffered that are attributable to such Indemnified Person's gross negligence,willful misconduct or knowing violation of law. Expenses,including attorneys'fees,incurred by any such Indemnified Person in defending a proceeding shall be paid by the Company in advance of the final disposition of such proceeding,including any appeal therefrom,upon receipt of an undertaking by or on behalf of such Indemnified Person to repay such amount if it shall ultimately be determined that such Indemnified Person is not entitled to be indemnified by the Company. The Company may,by action of the Member,provide indemnification to employees and agents of the Company with the same scope and effect as the foregoing indemnification of members,Managers and officers. (b) Notwithstanding anything contained r herein to the contrary, any indemnity by the Company shall be provided out of and to the extent of Company assets only,and the Member shall have no personal liability on account thereof or shall be required to make additional capital contributions to help satisfy such indemnity of the Company. (c) None of the Indemnified Persons shall be liable to the Member or the Company for mistakes of judgment,or for action or inaction,taken in good faith, or for losses due to such mistakes, action or inaction,or to the negligence,dishonesty,or bad faith of any employee,broker or other agent of the Company, provided that such employee, broker or agent was selected, engaged, or retained with reasonable care. Any party entitled to relief hereunder may consult with legal counsel and accountants in respect of affairs of the Company and be fully protected and justified in any reasonable action or inaction that is taken in good faith in accordance with the advice or opinion of such counsel or accountants, provided that they shall have been selected with reasonable care. Notwithstanding any of the foregoing to the contrary,the provisions of this paragraph shall not be construed so as to relieve(or attempt to relieve) any person of any liability(i)for conduct which is grossly negligent,reckless,or intentionally wrongful or criminally unlawful, provided that such person had no reasonable cause to believe that his or its conduct was unlawful,or(ii)to the extent(but only to the extent)that such liability may not be waived, modified,or limited under applicable law. (d) The right to indemnification and the advancement and payment of expenses conferred in this Section 9 shall not be exclusive of any other right which an Indemnified Person may have or hereafter acquire under any law(common or statutory),agreement,vote of the Member or otherwise. 10. Certificates. The membership interests of the Members shall be uncertificated unless otherwise determined by the Board. 11.Distributions. Distributions shall be made to the Members in accordance with their membership interests at the times and in the aggregate amounts determined by the Board. 12.Allocations of Profits and Losses. (a) In the event the Company is treated as a partnership for U.S.federal income tax purposes, the following provisions shall apply: (i) The Company shall maintain a capital account(each, a "Capital Account") for each Member in accordance with Treasury Regulations Section I.704-1(b)(2)(iv). For this purpose,the Company may,upon the occurrence of any of the events specified in Treasury Regulations Section 1.704- I(b)(2)(iv)(f),increase or decrease the Capital Accounts in accordance with the rules of such regulation 4 91772853_1 SHJ Construction Group, LLC Agenda Items 7 &8 Page 48 Disclosure Statement and Treasury Regulations Section 1.704- 1(b)(2)(iv)(g) to reflect a revaluation of Company property. Items of Company income,gain,loss,expense or deduction for any fiscal period shall be allocated among the Members in such manner that,as of the end of such fiscal period and to the greatest extent possible. the Capital Account of each Member shall be equal to the respective net amount, positive or negative, which would be distributed to such Member from the Company or for which such Member would be liable to the Company under this Agreement, determined as if the Company were to (x)liquidate the assets of the Company for an amount equal to their book value(determined according to the rules of Treasury Regulation Section 1.704-1(b)(2)(iv)) and (y) distribute the proceeds in liquidation in accordance with Section 13. (ii) All income,gains,losses and deductions of the Company shall be allocated,for federal,state and local income tax purposes, among the Members in accordance with the allocation of such income,gains, losses and deductions among the Members for computing their Capital Accounts, except that if any such allocation is not permitted by the Internal Revenue Code of 1986,as amended,or other applicable law,the Company's subsequent income,gains,losses,deductions and expenses shall be allocated among the Members so as to reflect as nearly as possible the allocation set forth herein in computing their Capital Accounts. In the event that any property is contributed ro the Company by a Member,gain or loss on the disposition of such property,and any losses or deductions with respect to such property,shall first be shared among the Members so as to take into account the variation between the basis of the property to the Company and its fair market value at the time of contribution, all in accordance with Code Section 704(c)and Treasury Regulations thereunder. (b) in the event that the e Company is not treated as a partnership for U.S.federal income tax purposes,no allocation of income,gains,losses and deductions shall be made pursuant to this Section 12. 13. Dissolution. The Company shall dissolve,and its affairs shall be wound up upon the first to occur of the following:(a)the written consent of the Member,(b)any time there are no members of the Company unless the Company is continued in accordance with the Act,or(c)the entry of a decree of judicial dissolution under Section 18-802 of the Act. In the event of dissolution, the Company shall conduct only such activities as are necessary to wind up its affairs(including the sale of the assets of the Company in an orderly mariner),and the assets or proceeds from the sale of the assets of the Company shall be applied in the manner,and in the order of priority,set forth in Section 18-804 of the Act. 14. Capital Contributions. The Member is not required to make,any capital contribution to the Company. 15.Assignments. The Member may assign in whole or in part its membership interests.If the Member transfers any of its interest in the Company pursuant to this Section 15,the transferee shall be admitted to the Company upon its execution of an instrument signifying its agreement to be bound by the terms and conditions of this Agreement and such other documents and instruments as the Board determines to be necessary or appropriate.if a Member transfers all of its interests in the Company,such admission shall be deemed effective immediately, and immediately following such admission, the transferor Member shall cease to be a member of the Company.Upon assignment,the Board shall amend Schedule l without the further vote,act or consent of any other person to reflect such new person as a Member. 16.Admission of Additional Members. One or more additional members of the Company may be admitted to the Company with the consent of the Board. In order to be admitted as a member of the Company,such person shall deliver to the Company an instrument signifying its agreement to be bound by the terms and conditions of this Agreement and such other documents and instruments as the Board 5 91772853 1 SHJ Construction Group, LLC Agenda Items 7 &8 Page 49 Disclosure Statement determines to be necessary or appropriate. Upon admission,the Board shall amend Schedule I without the further vote,act or consent of any other person to reflect such new person as a Member. 17. Other Business Opportunities.The Member and any person or entity affiliated with the M may a ir s in business ouns res( onected withember the Companyeng)ge of evenorypossess kind and an description interet independently or woppithrt others or,includinventug businessesunc n that may compete with the Company.Neither the Member nor any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity affiliated with the Company shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity.The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement,including without limitation any noncompete provisions,otherwise agreed to by the Company and the Member. 18. Governing Law. This Agreement shall be governed by,and construed under,the laws of the State of Georgia,all rights and remedies being governed by said laws. 19.Amendments.Except as othenvise provided in this Agreement or in the Act,this Agreement may be amended only by a vote of Members holding a majority of the membership interests.- * * * * * 6 91772853 I. SHJ Construction Group, LLC Agenda Items 7 &8 Page 50 Disclosure Statement IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly executed this Limited Liability Company Agreement as of the date first written above. MEMBER: NEW POTATO CREEK HOLDINGS LLC By: 5 c s l � Name: Scott Blackstock Title: Manager l mrv.J(mFhn i ,,,,p,oiarmny S-1 SHJ Construction Group, LLC Agenda Items 7&8 Page 51 Disclosure Statement Schedule I Name,Address and Membership Interests of the Members Name Membership Interests New Potato Creek Holdings LLC 100% c/o Golden Gate Private Equity,Inc. One Embarcadero Center,Suite 3900 San Francisco,CA 94111 91772853 1 SHJ Construction Group, LLC Agenda Items 7 &8 Page 52 Disclosure Statement EXHIBIT C CERTIFICATE OF EXISTENCE [Certificate of Existence Appears on Following Page] SHJ Construction Group, LLC Agenda Items 7 &8 Page 53 Disclosure Statement Control Number:0502196 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King,Jr.Dr. Atlanta,Georgia 30334-1530 CERTIFICATE OF EXISTENCE 1,Brad Raffensperger,the°Secretary of State of the Slate of Georgia,do hereby certify under the seal of my office that SHJ Construction Group,LLC a Domestic Limited Liability Compare was formed in the jurisdiction stated below or was authorized to transact business in Georgia on the below date. Said entity is in compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code of Georgia Annotated and has not filed articles of dissolution,certificate of. cancellation or any other similar document with the office of the Secretary of State. This certificate relates only'to the legal existence of the above-named entity as of the date issued. It does not certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This certificate is issued pursuant to Title 14 of the Official Code of Georgia Annotated and is prima-facie evidence that said entity is in existence or is authorized to transact business in this state. Docket Number : 25549193 Date tnc/Auth/Filed: 12/31/2004 Jurisdiction : Georgia Print Date : 06/12/2023 Form Number : 211 Brad Raffensperger 776 Secretary of State SHJ Construction Group, LLC Agenda Items 7 &8 Page 54 Disclosure Statement EXHIBIT D RESOLUTION OF SOLE MEMBER [Resolution of the Sole Member Appears on Following Page] SHJ Construction Group, LLC Agenda Items 7 &8 Page 55 Disclosure Statement MINUTES OF ACTION OF THE SOLE MEMBER OF SHJ CONSTRUCTION GROUP LLC TAKEN BY UNANIMOUS WRITTEN CONSENT IN LIEU OF MEETING Effective June 9,2023 Pursuant to Section 14-11-309 of the Georgia Limited Liability Company Act, the undersigned,NEW POTATO CREEK HOLDINGS LLC,a Georgia limited liability company; being the sole Member of SHJ CONSTRUCTION GROUP LLC, a Georgia limited liability company(the"Company"),does hereby consent to and adopt the following resolutions,which action shall have the same force and effect as if taken by unanimous affirmative vote at a joint meeting of the Member of the Company,duly called and held pursuant to the applicable provisions of the Operating Agreement of the Company and the Georgia Limited Liability Company Act,and direct that this written consent to such action shall be filed with the Minutes of the proceedings of the Member of the Company. WHEREAS, NEW POTATO CREEK HOLDINGS LLC is the sole Member of the Company; WHEREAS,the sole Member deem it in the best interest of the Company for the purpose of the efficient operation thereof,to grant Martie Murphy;in his capacity as Director of Permitting for SHJ Construction Group LLC,the authority to:(i)apply for demolition,special or conditional use,utility,building,civil,zoning and other permits on behalf of the Company with respect to any real property owned by the Company or real property under contract in the name of the Company; (ii)execute any and all documents required in connection with or related to such permits;(iii)act on behalf of the Company in connection with any planning and zoning matters related to any real property owned by the Company or real property under contract in the name of the Company;and (iv)apply for,obtain and maintain bonds in the name of or for the benefit of the Company;and NOW THEREFORE BE IT RESOLVED,that Martie Murphy,in his capacity as Director of Permitting for SHJ Construction Group LLC;the authority.to:(i)apply for demolition,special or conditional use,utility,building,civil,zoning and other permits on behalf of the Company with respect to any real property owned by the Company or real property under contract in the name of the Company;(ii)execute any and all documents required in connection with or related to such permits;(iii)act on behalf of the Company in connection with any planning and zoning matters SHJ Construction Group, LLC Agenda Items 7 &8 Page 56 Disclosure Statement related to any real property owned by the Company or real property under contract in the name of the Company;and(iv)apply for,obtain and maintain bonds in the name of or for the benefit of the Company; FURTHER RESOLVED,that Marcie Murphy,in his capacity as Director of Permitting of SHJ Construction Group LLC,be and hereby is,authorized,empowered,and directed,in the name and on behalf of the Company,to do all other things and take all other acts and to execute and deliver all other instruments and documents as may be, in his judgment, necessary,proper,or advisable in order to carry out and comply with the purposes and intent of these resolutions,and all of his acts and deeds which are consistent with the purposes and intent of these resolutions shall be,and the same hereby are,in all respects,ratified,approved,confirmed,and adopted as the acts and deeds of the Company; FURTHER RESOLVED, that any person dealing with any officer,manager, managing member,or authorized person acting for the Company in connection with any of the foregoing matters shall be conclusively entitled to rely upon the authority of such person and by his or her execution of any document,'agreement, or instrument, the same shall be a valid and binding obligation of the Company,enforceable in accordance with its terms; FURTHER RESOLVED, that any action authorized by any of the foregoing resolutions which has been taken prior to the date hereof be,and the same hereby is,ratified and confirmed in all respects;and be it FURTHER RESOLVED,that any third party dealing with the Company shall be entitled to rely on the copy or facsimile of this Written Consent rather than the original hereof. [Signatures Appear on Following Page] SHJ Construction Group, LLC Agenda Items 7 &8 Page 57. Disclosure Statement IN WITNESS WHEREOF,this Written Consent Action is effective as of the date first set forth above,and it is hereby consented to by the sole Member and Manager as of said date. MEMBER: NEW POTATO CREEK HOLDINGS LLC, a Georgia limited liability company By: Glenn M.Jarrel tary SHJ Construction Group, LLC Agenda Items 7 &8 Page 58 Disclosure Statement EXHIBIT E INCUMBENCY Name Title(s) Signature Martie Murphy Director of Permitting SHJ Construction Group, LLC Agenda Items 7 & 8 Page 59 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. SHJ Construction Group, LLC Agenda Items 7 &8 Page 60 Virginia Beach Planning Commission August 9, 2023 Public Meeting Agenda Items #7 &8 SHJ Construction Group, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Plumlee. The next item on the consent agenda is item number seven and eight SHJ Construction Group, LLC, Atlantic Shores Baptist Church. Is there a representative here? Madam Clerk: They're virtual. Josh Russell. Mr. Horsley: Is the representative here? Madam Clerk: They're here virtually Mr. Horsley. I think we're trying to connect with them. Mr. Horsley: Is there a representative here for Atlantic Shores Baptist Church? Doesn't appear that we have anybody to come and accept the conditions. I think under these circumstances, we go ahead and read it into the record and vote on it. Is that correct? So, Commissioner Anderson, would you read this item in the record? Mr. Anderson: Okay, this applicant is now requesting to modify the conditions of the previously approved conditional use permit to reduce the acreage of the site in order to sell excess property for the construction of a single bay automated car wash facility as required per the zoning ordinance. A conditional use permit is also being requested for the car wash facility on a 1.9 acre portion of this B-2 community business zone parcel. The proposed hours of operation for the car wash facility were originally 8:00 a.m. to 9:00 p.m. daily, which has been amended to 8:00 p.m. daily with approval, no known opposition, and it is up for consent. Mr. Horsley: Thank you, sir. So, Mr. Chairman, I'd like to place a motion that we approve item number one, City of Virginia Beach; item number five, London Bridge Development, LLC; item number seven and eight SHJ Construction Group, LLC; item number 11, Burnette Baum Development Corporation; item number 13, Speedgearz, LLC; number 14, 15, 16, 17 and 18 Short term rentals. Mr. Alcaraz: Thank you, Mr. Horsley. All right. Do I have a second on that motion? Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is now open. By a vote of 10 to zero items 1, 5, 7, 8, 11, 13, 14, 15, 16, 17 and 18 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE From: Beaman, Robert P. To: Kaitlen 5.Alcock; Hoa N.Dap Cc: James Noel; Freddie Fletcher Subject: Franklin Johnston Group Management&Development,LLC(2023-PCCC-00109/00118) Date: Friday,August 25, 2023 2:04:53 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments l unless you recognize the sender and know the content is safe. Kaitlen and Hoa, Franklin Johnston Group would like to request to withdraw the conditional re-zoning and modification of conditions applications referenced in the subject line above. Please let me know if you have any questions or need additional information. Thanks very much, Rob Robert P. Beaman Iql Partner Direct: 757.687.7547 I Internal: 17-7547 rob.bearnan©troutman.com rt. a.,..5 �r pepper 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 trautman.cpm Trgutm:nnn_P ppo -, Q2,1_M r;s(ield.Certified Plus Firm This e-mail (and any attachments) from a law firm may contain legally privileged and confidential information solely for the intended recipient. If you received this message in error, please notify the sender and delete it. Any unauthorized reading, distribution, copying, or other use of this e-mail (and attachments) is strictly prohibited. We have taken precautions to minimize the risk of transmitting computer viruses, but you should scan attachments for viruses and other malicious threats; we are not liable for any loss or damage caused by viruses. -57- Item-V-J.5 PLANNING ITEM#64015 The following individual registered to speak: R.J. Nutter, Attorney for Applicant, Upon motion by Council Lady Henley, seconded by Councilman Martin, City Council, APPROVED AS PROFFERED,Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC/TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Change of Zoning from AG-1 Agricultural to Conditional A-18 Apartment re multi family dwellings at 2673 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Change of Zoning from AG- 1 Agricultural to Conditional A-18 Apartment re multi family dwellings at 2673 Princess Anne Road (GPIN 1494535782) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of July, Two Thousand Fourteen July 8, 2014 -58- Item -V-J.5 PLANNING ITEM#64015(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 /f# 11 . ,, �, � A. t >1.0 ,//#, </N ,4)(.-..N .,, 4-4N. AG1 / " ‘,/ /4 -.\49,AL•,, ,c?„_ . G ' 40 ,,, ,' , • ��ii III ./ IA Av ‘ ctrA9\ ''2 h2 \'‘,G2, �% '� %� /' . `-N:.t9 \N' A 2 R 10 - 1 4. a ��/ . a \ AG2 o �� AG2 0 _ o� 02 AG1 , . sI / �.. : III /, � .. �� I��. A18 , t",, /id/ AG1 -..., .....,/ 4,- , s V1,8,fir'/� / c 7 ,/ B2 '7, •r`% yy ///: B1 02 / 4 �/ ti ® Site Property Polygons Franklin Johnston Group Management & Development, LLC \\ 1` =Zoning Portions of 2737 Princess Anne Road & eastern adjoining parcel, ' Building 2520 Allie Nicole Circle Feet 0 80160 320 480 640 800 960 f 1i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] ADDIE S. VANDERMEL REVOCABLE TRUST & ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC [Property Owners] Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional A- 18 Apartment w/ Workforce Housing Overlay District) & Modification of Proffers to a Conditional Rezoning (to expand and add 176 additional units) for a portion of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle (GPINs portion of 1494547938, portion of 1494543861, 1494534876). COUNCIL DISTRICT 2 MEETING DATE: September 5, 2023 The applicant has requested withdrawal of this application and will be submitting a new application and revised plans which will require additional Planning Commission review. ■ Background: The applicant seeks to rezone 6.26 acres from AG-1 and AG-2 Agricultural District to Conditional A-18 Apartment District with Workforce Housing Overlay District along with a Modification of Proffers request to expand the existing Southern Pines Apartments. The existing development consists of 240 apartment units and has a building height of 48 feet. The proposed addition includes five apartment buildings and a two-story clubhouse with up to 176 apartment units, of which, 53 units are designated as workforce housing. The development will have an overall density of 18.94 units per acre. Deviations to the building height and a parking reduction are requested. A parking study was approved by the Zoning Administrator to reduce the minimum number of required parking spaces from 741 to 724, for a ratio of 1 .74 spaces per unit. While primary access to the new phase is proposed from George Wythe Drive, a secondary, right-in/right-out, access is proposed from Princess Anne Road. Although this segment of Princess Anne Road is designated as access- controlled in the City's Master Transportation Plan, the Planning Commission finds that the proposed limited access point is acceptable. The site is partially located within the Interfacility Traffic Area (ITA). The applicant appeared before the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC) to share details of the project. The TA/ITA CAC voted to recommend denial of the proposal, finding the proposed density and building Franklin Johnston Group Management& Development, LLC Page 2 of 4 height to be incompatible with the surrounding area. Six letters of opposition were received, including one from the TA/ITA CAC, noting concerns related to building height, density, and parking deficiency. ■ Considerations: The ITA Plan recommends that residential growth be concentrated around existing developed areas including the Municipal Center and Princess Anne Commons. The Comprehensive Plan also prioritizes strengthening the development nodes along the Princess Anne Corridor, noting that more dense development should remain clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons. While the ITA Plan generally recommends a maximum density of up to and no more than one dwelling unit per 15 acres, the policies of the 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 AICUZ allows such development. Staff recognizes the total proposed density of 18.94 units per acre exceeds the maximum allowable density of 18 units per acre for property zoned A-18 Apartment District. The provisions of Section 2106 of the City Zoning Ordinance state that developments that designate at least 17 percent of the proposed dwelling units for workforce housing are eligible for a 30 percent density bonus. The Workforce Housing Overlay District would only be applied to the 6.26-acre parcel and not the existing Southern Pines development. At the Planning Commission hearing, the applicant offered to increase the percentage of workforce units from 17 to 30 percent, for a total of 53 units. According to the applicant, the units designated for workforce housing will be leased at approximately 25 percent below the rental market rate. To address the height concerns brought up by the speakers and the Planning Commission, the applicant offered to reduce the height of the proposed building that fronts Princess Anne Road from four to three stories and to reduce the height of the remaining four apartment buildings from 59.8 to 55 feet. In addition, a landscaped berm will be installed along Princess Anne Road to help screen the buildings. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend approval of these requests by a vote of 9 to 1 with four modifications; (1) increase the percentage of workforce housing units from 17 to 30 percent; (2) reduce the height of the apartment building fronting Princess Anne Road from four to three stories; (3) reduce the building height of all remaining apartment buildings to have a maximum height of 55 feet; and (4) install a berm along Princess Anne Road. These changes are reflected in the Staff Report with strikethroughs and underlines. Franklin Johnston Group Management & Development, LLC Page3of4 Proffer 1: When developed, the Added Property shall be developed in substantial conformity with the conceptual site plan entitled "The Silo at Southern Pines Conceptual Development Plan", dated May 31, 2023, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "The Silo at Southern Pines Conceptual Elevations" and dated May 31, 2023 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Added Property, when developed, shall not exceed a total of one hundred seventy-six (176). Not less than thirty (30) percent of the total number of residential units developed on the Added Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. Proffer 4: Landscaping installed on the Added Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "The Silo at Southern Pines Conceptual Planting Plan", and dated May 31, 2023 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The community identification sign on the Added Property shall be a monument- style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management Ordinance(s). Proffer 7: Franklin Johnston Group Management& Development, LLC Page 4 of 4 Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter(s) of Opposition (6) Withdrawal Request Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Franklin Johnston Group Management& Development, Agenda Items LLC 3 & 4 Property Owners Addle S. Vandermel Revocable Trust & et al, William E. & Phyllis H. Sawyer, Keelingwood Apartments, LLC C``""l Planning Commission Public Hearing August 9, 2023 Virginia Beach City Council District 2 Requests #3-Conditional Rezoning (AG-1&AG-2 Agricultural to Conditional A-18 Apartment w/ 4111r1 Workforce Housing Overlay District) #4- Modification of Proffers (to expand and , add 176 additional units) Staff Recommendation A Approval . =':� �IW O Staff Planner Hoa N. Dao Location Portions of 2737 Princess Anne Road &eastern ' adjoining parcel, 2520 Allie Nicole Circle ., r GPINs Portion of 1494547938, portion of 1494543861, til Alp,. 1494534876 ` ' k440 Site Size 21.96 acres .$),* 4 • AICUZ 65-70 dB DNL, Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District °, " +:7 : , °,, ,.. ,i Multi&single-family dwellings, cultivated field, i; /A-18 Apartment,AG-1&AG-2 Agricultural ,,:= le' �. '.ys" <4% Surrounding Land Uses and Zoning Districts , . . •+ North A �` ',. 0I Princess Anne Road i ' ' • ' .; tiL $: . a. Single-family dwellings, religious use/R-10 �,• 4' Ro " i,:, Residential,AG-1&AG-2 Agricultural ` -- c ' / °' .'i, South Golf course/AG-1 Agricultural t,.� -- w ' � `�'c. �y East �� .�} { .S Qv '?S.F reset° .. George Wythe Drive,George Mason Drive . t , W �j • r Religious use,shopping center, undeveloped •• ;f parcel/B-2 Community Business,AG-1&AG-2 r F°Sc ! c, . 'W Agricultural s 1: i` . '.'qs: /'"6-:,0 ' i. West /A Single-family dwellings,golf course/AG-1 & AG-2 Agricultural Franklin Johnston Group Management &Development, LLC Agenda Items 3 &4 Page 1 Background &Summary of Proposal • The applicant seeks to rezone 6.26 acres from AG-1 and AG-2 Agricultural to Conditional A-18 Apartment with Workforce Housing Overlay District along with a Modification of Proffers request to expand the existing Southern Pines Apartments with an additional 176 units. • The existing Southern Pines development was approved in 2014 for the construction of 240 multi-family dwellings on 15.7 acres for a density of 15.29 units per acre.The site layout and building design of the existing development will not be modified; however,the applicant is proposing new proffers to include the addition of 6.26 acres for the construction of an additional 176 multi-family units. • The 176 additional multi-family dwelling units will result in an overall density of 18.94 units per acre.The development will include a Workforce Housing (WFH) component which allows for a 30 percent density bonus per Section 2106 of the City Zoning Ordinance. • Density Calculation: Maximum Units. Maximum Units Workforce Number of Units Acreage Permitted(including Permitted under A-18 Housing Bonus Proposed 'Workforce Housing) Phase 1 15.70 282 - 282 240 Phase 2 6.26 112 33 145 176 Total 21.96 394 33 427 416 Total Proposed Density(units/acre) 18.94 • Primary access to the new phase is proposed from George Wythe Drive. A secondary, right-in/right-out, access is proposed from Princess Anne Road. Should the City Council approve the access from Princess Anne Road, a right- turn lane would be required, as depicted on the proffered plan. • The proffered Concept Plan and elevations depict five,four-story apartment buildings each with a height of 559.67 feet.The apartment building fronting Princess Anne Road is proposed to be three-story with a height of 48 feet.The exterior facade is comprised of brick,vinyl lap siding, cementitious panels, asphalt shingles, and metal roofing.The proposed two-story clubhouse will feature similar exterior materials and is proposed to be 32.58 feet in height. Similar to the 2014 approval,the applicant is requesting a deviation to allow an increase in the height from the 35- feet maximum permitted in the A-18 zoning district to a maximum height of 559.67 feet. The existing three-story apartment buildings in Phase 1 were granted a deviation to allow for a maximum height of 48-feet. • The site is partially located within the Interfacility Traffic Area (ITA).The applicant appeared before the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC)on July 6, 2023,to share details of the project.The TA/ITA CAC voted to recommend denial of the proposal,finding the proposed density and building height to be incompatible with the surrounding area. • The proffered plan proposes a variety of amenities to include an outdoor swimming pool, as well as a clubhouse with a fitness center. Grilling stations may also be provided; however,the specific details will be finalized during the final site plan review process. • A parking study was submitted consistent with the provisions of Section 203 of the Zoning Ordinance that permits a reduction in the minimum number of parking spaces subject to an indication that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle. While 741 parking spaces are typically required for a multi-family development of this size,the parking study indicates that the proposed 724 parking spaces provided (ratio of 1.74 spaces per unit)will meet the needs of the residents. Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 2 Zoning History # Request 1 MDP Approved 06/20/2023 2 CUP(Automobile Service Station)Approved 12/13/2022 �� •G. �.�a�t� c�"Alli MDP Approved 12/13/2022 i1 n L; ,% �/ R1 . r `�,ti; !,� � 3 CRZ(B-2 to A-18)Approved 01/07/2020 10n •P ,s't 4. :+, 4 MDC Approved 09/06/2016 �, ,-t J+ MDC Approved 05/24/2011 / ��Ni� - ^, �=�.`1l`,��i�I �f1 `2 'a MDC Approved 02/12/2008 ••I��••,;-.•• �: 2,3r� / CUP(ReligiousUse)Approved 12/03/1996 �� ,. 6�; MDCApproved09/27/19940 y�/ 1 AG: CUP(Religious Use)Approved 10/26/1993 7 o©',,g- ��.\ 5 CRZ(AG-1 to A-18)Approved 07/08/2014 AG1 AG1 �, -�\� �r A . _ CUP(Religious Use)Approved 06/10/1997 ,�//� 4-6 G' 1.`,'�t 6 CUP(Automobile Service Station)Approved 05/10/2011 I _ AG1 y i MDP Approved 05/10/2011 Ili �. •• j\�d CUP(Automobile Service Station)Approved 03/27/2007 J�4 q X v N. 21 MDP Approved 03/27/2007 ry!q�'�` k% 7 CUP(Recreational Facility)Approved 02/03/2009 .� / 'h 7> .., 1e1/o CUP(Outdoor Recreational Facility)Approved • '� `"s. A, .:F 05/27/1997 8 CRZ(AG-1,AG-2, B-1 to B-2)Approved 06/08/2004 CRZ(AG-1 to B-1)Approved 02/02/1978 9 CUP(Transmission Facility)Approved 09/22/1998 10 SVR Approved 10/13/1992 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposal to rezone 6.26 acres along with a Modification of Proffers request to incorporate the 6.26 acres into the existing multi-family development to allow for the construction of 176 additional multi-family dwellings, in Staff's opinion, are acceptable. The proffered Concept Plan depicts fourive,four-story apartment buildings, a three-story apartment building,and one, two-story clubhouse.The maximum building height allowed in the A-18 Apartment District is 35 feet.The proposed building height is 559.67 feet, exceeding the zoning height limitation by almost 25 feet.The applicant is requesting that the increase in height be addressed through the provision of Section 107(i),which states the following: The City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions... otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. To soften the visual impact from Princess Anne Road,the buildings will be pushed further from Princess Anne Road with landscape plantings and a multi-use path between the roadway and buildings.The buildings are setback approximately 130 feet from the edge of pavement along Princess Anne Road. In Staff's opinion,the proposed building height would not cause detrimental impacts to the surrounding properties,as they are substantially setback from the roadway and will be screened by an enhanced landscape buffer. Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 3 The 6.26-acre property is partially located within the Princess Anne Commons/Interfacility Traffic Area.The applicant appeared before the TA/ITA CAC on July 6, 2023,to share details of the proposal. While the Committee agreed that the building design reflects the vernacular tidewater and rural architecture of the area,they felt the proposed building height and density were not compatible to that of the surrounding area.As such,the Committee voted to recommend denial of the proposal. While the ITA Plan states that for the most part, residential density within the ITA should be limited to one unit per 15 acres for residential development(page 16),the plan also recommends that residential growth should be concentrated around existing developed areas including the Municipal Center and Princess Anne Commons(page 5). The Comprehensive Plan also prioritizes strengthening the development nodes along the Princess Anne Corridor, noting that more dense development should remain clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons. The Plan further recognizes the benefit of incorporating residential uses outside of the AICUZ to create vibrant, mixed-use districts where people can live,work, and recreate within walking distance to services and gathering spaces. Two such nodes, referred to as "Initiative Areas" in the ITA Plan,are the Historic Princess Anne.Center and the Municipal Center, both of which are in close proximity to the subject site. One of the key recommendations of the ITA Plan for the Municipal Center is the need to introduce a mix of residential units into the district to enliven the complex around the clock,to create a consistent pedestrian network, and provide attainable housing for City workers.The ITA plan calls for multi-family residential within the core of the a Municipal Center along George Mason Drive. While the ITA Plan recommends a maximum density of up to and no more than one dwelling unit per 15 acres,the policies of the ITA Plan, as described in a previous paragraph, encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center,where infrastructure is available and the AICUZ allows such development. While Staff recognizes the total proposed density of 18.941 units per acre exceeds the maximum allowable density of 18 units per acre for property zoned A-18 Apartment District,the slight overage is due to the inclusion of workforce housing in the development. The provisions of Section 2106 of the City Zoning Ordinance state that developments that designate at least 17 percent of the proposed dwelling units for workforce housing would be eligible for a 30 percent density bonus.The Workforce Housing Overlay District would only be applied to the 6.26-acre parcel and not the existing Southern Pines development,since the workforce housing units are only included in Phase 2 of the development. Of the 176 additional units proposed, a minimum of 3017 percent, or 5330 units in this instance,would be designated for Workforce Housing. According to the applicant,the units designated for workforce housing will be leased at approximately 25 percent below the rental market rate. Consistent with the provisions of Section 203 of the Zoning Ordinance,a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle."As required,the Zoning Administrator determined that while 741 spaces are typically required for a multi-family development of this size,the final parking ratio of 1.74 spaces per unit and the reduction to the minimum number of required parking spaces from 741 to 724 spaces is justified.The site is within a half-mile distance of shopping centers, retail establishments, and parks,all of which are connected via sidewalks and a shared multi-use path. In addition,the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront. The proffered Concept Plan shows an access point on Princess Anne Road; however,this segmentof Princess Anne Road is designated as "access controlled" in the City's Master Transportation Plan, a component of the.Comprehensive Plan, thus new direct access to the roadway from private access points is not permitted.The applicant has stated that it would be unreasonable for access to the property to be provided solely from George Wythe Drive,which currently serves as an access point for Phase 1 of the development.The applicant has also stated that without access to Princess Anne Road, it would be a"significant inconvenience"for residents and create "confusion"for visitors, delivery drivers,and others who visit the property. While Staff does not support the access point from Princess Anne Road due to the inconsistency with Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 4 the recommendations of the Comprehensive Plan as well as negative effects on the roadway capacity and safety,should the access be approved, Staff recommends that the existing right turn lane on Princess Anne Road be extended to provide the required deceleration length and taper for this site. Extension to the turn lane is depicted on the proffered Concept Plan. Information provided by the Virginia Beach City Public Schools Staff indicates that all affected schools are under capacity and the additional students will be within the acceptable threshold for increases in student population. A stormwater retention pond is proposed in the center of the development. Staff reviewed the conceptual stormwater management strategy and agreed 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. Based on the consideration described,Staff recommends approval of these requests,with the elimination of the access point on Princess Anne Road,deviation to the building height, reduction to the minimum]required parking,and subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. The following proffered conditions are hereby added to the Original Proffers (2014)with respect to the Added Property, and shall be the proffered conditions applicable to the Added Property(but shall not affect the Original Property): Proffer 1: When developed,the Added Property shall be developed in substantial conformity with the conceptual site plan entitled "The Silo at Southern Pines Conceptual Development Plan",dated May 31, 2023,and prepared by Timmons Group(the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property,when developed,shall be in substantial conformity with the exhibit prepared by Cox, Kliewer&Company, P.C., entitled"The Silo at Southern Pines Conceptual Elevations"and dated May 31,2023 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Added Property,when developed,shall not exceed a total of one hundred seventy-six(176). Not less than thirty cvcntcen (3017) percent of the total number of residential units developed on the Added d Property will be"workforce,housing units as defined in Section 2102 of the Zoning Ordinance. Proffer 4: Landscaping installed on the Added Property,when developed,shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group,entitled "The Silo at Southern Pines Conceptual Planting Plan",and dated May 31, 2023(the"Landscape Plan"),a copy of which is on file with the Department of Planning and has been exhibited to the Franklin Johnston Group Management &Development, LLC Agenda Items 3 &4 Page 5 Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The community identification sign on the Added Property shall be a monument-style sign not exceeding eight (8)feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management Ordinance(s). Proffer 7: Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located partially within an area designated as the Interfacility Traffic Area/Princess Anne Special Economic Growth Area (SEGA 4). More specifically,the subject site lies within the Historic Princess Anne Center,which includes the Virginia Beach Municipal Center/Court Complex,the Princess Anne Historic and Cultural Zoning Overlay District, and the surrounding area. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential,commercial, and open spaces to complement the form and function of the municipal center,court complex, and historic district. Planned land uses, both public and private,should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail,service, hotel, and institutional uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. Traffic Impacts Street Name Present Volume Present'Capacity. ':',Generated Traffic Princess Anne Road 29,560 ADT1 39,700 ADT 1(LOS 4"D") Existing Land Use 2—0 ADT Nimmo Parkway 18,900 ADT1 31,100 ADT 1(LOS 4"D") Proposed Land Use 3-1,106 ADT 'Average Daily Trips 2as defined by a 6.4-acre vacant 3 as defined by 176 apartment 4 LOS=Level of Service parcel units Franklin Johnston Group Management &Development, LLC Agenda Items 3 &4 Page 6 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road and Nimmo Parkway are both four-lane suburban major arterials.There are no CIP projects scheduled for either Princess Anne Road or Nimmo Parkway in the vicinity of this application. This segment of Princess Anne Road is designated as "Access Controlled" in the Master Transportation Plan. Certain roads, due to their function in the overall roadway network, need a higher level of access control than roads whose function is to provide more direct access. Roads designated "Access Controlled" have restricted direct access to and from that roadway segment for new developments. Private direct access is not permitted on these roadway segments, except when the property in question has no other reasonable access to the circulation system. In this case,the proposed development has reasonable access in the form of a public roadway, George Wythe Drive,which was built as a reverse frontage roadway so that individual developments would not need direct access to Princess Anne Road. The Princess Anne Corridor Study(PACS),which was adopted by City Council in December 2009, recommends that properties adjacent to the Virginia Beach National Golf Course,within the Interfacility Traffic Area and south of the Southeastern Parkway that front on Princess Anne Road should "utilize reverse frontage access with internal roadway links to existing points of access on Princess Anne Road or,where available, by connecting to other tracts of land that afford access to Nimmo Parkway".The PACS also states that"no new access points to Princess Anne Road are recommended for properties that develop in this unified fashion." Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of 176 apartment units within 5 buildings, a clubhouse building, and a parking area. In addition to the lots,this project will include associated right-of-way improvements and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows in two directions,towards the public drainage system in Princess Anne Road,and towards the existing Southern Pines Apartments wet pond. Stormwater runoff from the proposed buildings and surface parking lot will be collected into a wet pond and underground storage chambers that will treat for water quantity before discharging into the existing Southern Pines Apartments wet pond. StormTech Isolator Row and other Manufactured Treatment Devices will be used for water quality pollutant load reduction requirements. Based on the information provided by Timmons Group in the Preliminary Drainage Study,the DSC 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: 6.26 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area:4.50 acres Stormwater Management Facility Design Information Type of facility proposed:Wet pond, underground storage chambers, isolator row Description of outfall:Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge directly into the existing Southern Pines Apartments wet pond. Franklin Johnston Group Management &Development, LLC Agenda Items 3 &4 Page 7 Downstream conveyance path:This site is part of the Upper North Landing River Drainage Basin. Drainage from this site drains through a series of interconnected ponds on Virginia Beach National Golf Club,through roadside ditches to Salem Canal, into the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water City water is available for connection.There is an existing 12-inch City water main along George Wythe Drive and a 20- inch main along Princess Anne Road. Sewer City sanitary sewer is available for connection.There is an existing eight-inch City sanitary sewer gravity main along George Wythe Drive and Princess Anne Road. School Impacts •' School Current'Enrollment.-R; Capacity :Generation!' Change 2 North Landing Elementary 451 students 495 students 20 students 20 students Landstown Middle 1,267 students 1,415 students 8 students 8 students Kellam High 1,875 students 2,093 students 9 students 9 students 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • Six letters of opposition have been received by Staff noting concerns related to building height, density,and parking deficiency. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 2,2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 24, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 22, 2023 and August 29, 2023. Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 8 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 21, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 1, 2023. Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 9 Proposed Conceptual Development Plan — REVISED 08.16.2023 4 . ... , , ,,,.., .. •,,, mk —c t ) • X— p gi _ PEORMEgg (uIJD a -Pi- I- - _g_ - - --- — . 1p �, �-r" Arsor { = n / wll;br _' i y Is .; _ , ! r' '? I--�f _ _ ) 'i'17 7 j 1;(r Mai ri 4i ,. ,r, , i,1 ,.1.J—7, 7 71' 7' kl i , L - ,,,_.: !, , ,kli ':• .,.,._..., :' , 1::::11:-. ---- 1- :11,4'.., , ''. ' ;. - 14 ' j- 1 : X'.. ,,..1'1 T -Y-- , . •.. .- • . 1 , '! •• W w zM a N t '! 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The Silo at Southern Pines Building Side Eleva 4 x+- Ea q illnill ]I IN ry NI l c rnpany;t:4 The Silo of Southern Pines Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 13 Proposed Elevation Plan — REVISED 08.17.2023 - Building #3 %!iia►l■■■\► ./!i■■■■■\��■■■1 %ri■■■■■■■■■�:1,■.16 I I Liii■1 IN 1■■■ ■M■ ■i1111601■ ■ ■ ■.■•■ II I _ � • _ = ii I i�ii iil 1i11 `; ; : ii iiiii 1iil �, Y.«��\ (,,\.kl t.\ r r • w1!uIIZãIiHflHhiiII On>)>ilrlly IT. 11 ■■ M isis l .... ii"Mu T , 1 1 1I1..1a1 s:-. 1. fl Building R: - —00 .... tPI" 4,-. Lc it V iii tJ T 0 `7' Elf imr- W 'i J _ A E-1 m I f FA 0 F an LL.; n 1116 , ; N + I .,,,. e :' 1l _ ,, 1 m El �y. i I.,om klll),1:1� -- _ .... . .... _ The Silo at Southern Pines Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 14 Proposed Elevation Plan — REVISED 08.17.202.3 Ili" AIL Clubhouse Front Ele o Ililllli_jl I Illlllll ■ ■ ■ r- II 1 1 l I, , \ \ 1111 Ill! (.,),,q,„.s.1.�• ..- ......__.........._._.._._ __._. The Silo at Southern Pines Building Materials & Height O . -1E1E , 1- ri rl l_ F I I �ID :IT , 1 } 1 PI o o — 1. Brick Masonry 4. Interior Color Palette � 2. Asphalt Shingle 5. Vinyl Lap Siding © 3. Metal Architectural 6. Cementitious Panels = Roof ___.�T_ ----- 4 -Story Apartment Height: 55'-0" • 3-Story Apartment Height: 48'-0" ` —. Clubhouse Max Height: 32'7" Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 15 Site Photos • • • r'' t. y . R • • kf •"� t ia'Yh v h 4 rt kyk_y Y 4�i 1ct' " of.t. f : f� •nihk;�°.`m ,. ,. t t b�. `�lx"' »r 1 r .- IP ta. 0: e l � ,y 'mow . _.. "�' '•• - N: • { c r • Franklin Johnston Group Management &Development, LLC Agenda Items 3 &4 Page 16 Site Photos H u .110001111 40r li:1I��fu ..''' 0 . 11______=--"------;riiii1141 • 11, I— L:1 • 1 I�' IIlIl Alit it I__ , , ._ -. 1 :K.. ,....--.": . ...,....-'‘...° . 7 ,•is a 4 • . . ... Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 17 Disclosure Statement Disclosure Statement by !,'11,177.xmn 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 FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. TROUTMAN PEPPER,ROBERT P.BEAMAN III Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) •SEE ATTACHED UST • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "SEE ATTACHED LIST "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "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,(il)a controlling owner in one entity is also a controlling owner in the other entity,or(fii)there is shared management or control between the business entities, Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 18 Disclosure Statement Disclosure Statement i'Y.Y M i't/ymu tho± Planning&Community' Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes • No • If yes,what Is the name of the off dal or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes IN No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. COX KLIEWER&COMPANY,PC,HERB SHARTLE 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 19 Disclosure Statement Disclosure Statement ditb a,..r. .,, Planning&Community Development r 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes III No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?i Yes 0 No • If yes,identify the firm and individual providing the service. TIMMONS GROUP,JOHN ZASZEWSKI 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the firm and individual providing the service. TROUTMAN PEPPER,ROBERT P.BEAMAN III Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Coundl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature i M ctnaz t,}— Print Name and Title t : 51 ,,1 aa3 Date Is the applicant also the owner of the subject property? ❑Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications © No changes as of Date 2023.08.17 Signature ----------- °n"tNirne Hoe N.Dao Revised 11.09.2020 3 1 P a g e Franklin Johnston Group Management& Development, LLC Agenda Items 3 &4 Page 20 Disclosure Statement Re-Zoning Application of Franklin Johnston Group Management&Development,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers,directors, members, trustees,partners,etc.,below: 1. Applicant's Name:Franklin Johnston Group Management&Development,LLC 2. Managers of Franklin Johnston Group Management&Development.LLC: a. Wendell C.Franklin b. W.Taylor Franklin c. Thomas M.Johnston 3. Members of Franklin Johnston Group.Management&Development.LLC: a. Beach One,LLC b. Stephen W.Cooper c. Johnston Family Group,LLC d. Chris McKee (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a TFJG Canopy,LLC b. 925 Apts.I,LP c. 925 Apts,II,LP d. F&J Developers,LLC e. Shorehaven Developers,LLC f. Pickett Farms Developers,LLC g. GreenPlain Properties,LLC h. Aquia Apts.,LLC i. Aquia GP,LLC j. Aquia Developers,LLC k. Kellingwood Apartments,LLC 1. Franklin Johnston Associates,LLC m. Southern Pine One,LLC n. Quill Developers,LLC 1. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour-Apts.LP q. BelleHarbour GP,LLC r. Fountain Park Apts LP s. Fountain Park GP,LLC t. South Riding II LP u. South Riding II GP,LLC v. SLN5100LP w. SLN 5100 GP,LLC x. Heritage Forrest II GP,LLC 157311732v1 Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 21 Disclosure Statement y. I Square Apartments LP z. I Square Apts.,LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP,LLC gg. Quill GP,LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP jj. Shorehaven GP,LLC kk. Southwind Apts LP 11. Southwind GP,LLC mm. Spring Water,LLC nn. Summerland Heights LP oo. Summerland Heights GP,LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC rr. TFJG Price Street Apts.I,LP ss. TFJG Price Street GP I,LLC tt. FS Renaissance III,LLC uu. Renaissance Apts.GP 1,LLC vv. Renaissance Apts.GP II,LLC ww. Renaissance Apts.III,LLC xx. Renaissance I Developers,LLC yy. Renaissance II Developers,LLC zz. Renaissance Apts.1,L.P. aaa. Renaissance Apts.II,L.P. bbb. TFJG Wesleyan Holdings,LLC ccc. TFJG Wesleyan Developers,LLC ddd. TFJGWesleyan,LLC eee. TFJG Price Street Apts.II,LP TFJG Price Street GP II,LLC ggg. Clairmont Associates I,LP hhh. Clairmont Associates II,LP iii. Clairmont Associates I GP,LLC jjj. Clairmont Associates GP II,LLC kkk. Franklin Asset Management 111. Curlew Apts.I.,LP mmm. Curlew Apts.GP I,LLC nnn. Summerland Heights II,LP 000. Summerland Heights 11 GP,LLC 157311732v1 Franklin Johnston Group Management &Development, LLC Agenda Items 3 &4 Page 22 Disclosure Statement Disclosure Statement V13 Planning&Community Development PARCEL ONE.GPIN.1494-54-7938-0000 Owner Disclosure JOYCE VANDERMEL WASSUM,INDIVIDUALLY,and Owner Name JOYCE V.WASSUM,AS CO-TRUSTEE OF ADDIE S.VANDERMEL REVOCABLE TRUST 1/16/2014 FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes U No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes it No • If yes,what is the name of the official or employee and what Is the nature of the interest? 4-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(ill)there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 23 Disclosure Statement sclosure Statement \113 I ev,?i'n•a.,14.4 Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes IN No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,Identify the company and individual providing the service. ATCOASTAL REALTY,STAG WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes .No • if yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?U Yes ❑No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 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 IN No • if yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes li•No • if yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P r. Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 24 Disclosure Statement Disclosure Statement IA3 Planning&Community Dt�elopment 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?I Yes 0 No • If yes,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. xnta�r�l L.r.fro _ MTh. T E:t . _ orytsw _..- JOYCE V.WASSUM,AS CO-TRUSTEE OF ADDIE S.VANDERMEL REVOCABLE TRUST 1/16/2014 JOYCE VANDERMEL WASSUM Print Name and Title — Date Date Revised 11.09.2020 7 I a e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 25 Disclosure Statement Disclosure Statement 113 y N V.Viu,!T•a'h Planning&Conununity."'` D velo, PARCEL ONE GPIN.1494-54-7938-0000 Owner Disclosure VIRGINIA VANDERMEL PAULEY,INDIVIDUALLY,and Owner Name VIRGINIA V.PAULEY,AS CO-TRUSTEE OF ADDIE S.VANDERMEL REVOCABLE TRUST 1/16/2014 Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes IM No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsIdiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have art interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-310]. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P age Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 26 Disclosure Statement Disclosure Statement r.v.fr gaBat+ Planning&Community Development Owner Services Disclosure I. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes • No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑ No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IF No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?■Yes 0 No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 27 Disclosure Statement '�wy._ _Fw�w.. '� '�'�; :.. `1 'wis ' { �7�!Tem *, f 4{�. " �. w s}at_ 9'CTZf h f 2 V I�i1�� M . �` nt` s l b2`: `I� :. .._ 'r r, y�,,y��y '?rj� 7j",� i `+`• �/. )) p1 T Y 2. 1 ��_ � 1 fF w - ;` � � 1 Ei�� i'�' I� ' �? � � `,4" c t 4.1'..n r + 11.+ ��t7-n Y { . LL 4 .>�3w }k { t-.��`air r • r, '"? tt.L,i 44•• ' e ff'J7 }lye 51 [ A f ♦. *• i 1a S1.1tin V LyIUrm',, �� J 'b' �tiF� �1`S .r +. : : fn �y14 '�rrrryy }} Na s r .�{z � • .:1.. 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,Identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Slgre VIRGINIA V.PAULEY,AS CO-TRUSTEE OF ADDIE S.VANDERMEL REVOCABLE TRUST 1/16/2014--VIRGINIA VANDERMEL PAULEY Print Name and Title �� 023 5-13 a Date Date Revised11.09.2020 71 Page Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 28 Disclosure Statement Disclosure Statement Planning&Community Development PARCEL ONE GPIN:149454-793E-0000 Owner Disclosure Owner Name SUSAN VANDERMEL GODWIN Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes IS No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes NI 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 S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 29 Disclosure Statement Disclosure Statement 1•y 1"uygy Mad, Planning& Community Aar Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financng in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 01 No • 1f yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?■Yes 0 No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I•No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and Individual providing the service. Revised 11.09.2020 6 I a g Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 30 Disclosure Statement Disclosure Statement i',4,,r„V,deed, 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?E Yes 0 No • lives,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. "igiAtite3 Owner Signature SUSAN VANDERMEL GODWIN Print Name and Title 512-s1 z3 Date Revised 11.09.2020 7 I a Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 31 Disclosure Statement 3 , 'Disclosure-Statement 3, • • _ C�t y ulLugmwB«{di = a Planning;4 CQm_muni y,.: Devclopmient PARCEL ONE:GPIN:1494-54-7938-0000 Owner Disclosure Owner Name AMY VANDERMEL SHEPARD Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attac list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes a No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of InterE Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;of Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 32 Disclosure Statement Disclosure'-Statement �Gayofl'oy6i2P_th ` 1 ire �i sY y try �'� Planning'8 Community'i Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering r financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? PI Yes ❑No • If yes,identify the company and Individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided In connection with the subject of ti application or any business operating or to be operated on the property?0 Yes U No • If yes,identify the firm and Individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject c the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. • 5. Is there any other pending or proposed purchaser of the subject property?I Yes 0 No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating c to be operated on the property?0 Yes ® NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operatin or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 33 Disclosure Statement Disclosure Statement 1/13 cily VLgnvn Alath Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,Identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Boa or any public body or committee in connection with this application. f11,4 t Owner Sfig ature AMY VANDERMEL SHEPARD Print Name and Title 5Pt11 3 Date Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 34 Disclosure Statement Disclosure Statement rep yr si rya Planning&Community Development PARCEL ONE:GPIN:1494-54-7938-0000 Owner Disclosure Owner Name WILLIAM EVERETT SAWYER Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes III 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-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?❑Yes It No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I a€e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 35 Disclosure Statement Disclosure Statement NIB Cty of Ens. Planning&Community "". Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc(or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Yes ❑ No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Ili No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?®Yes 0 No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,11C 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating o' to be operated on the property?0 Yes II No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,identify the firm and individual providing the service. Revised J1.09.2010 6 Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 36 Disclosure Statement Disclosure Statement "\13 Planning&Community �`�"`'tiy` 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?III[ Yes ❑No • If yes,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notfication that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. t�trne��" ` , e WILLIAM EVERETT SAWYER Print Name and Title Date s"1,24#0 21 Revised 11.09.2020 7 I I : i , Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 37 Disclosure Statement Disclosure Statement rYr�i l'•q•�,N+ni, Planning&Community PARCEL ONE GPIN:1494-54-7938-0000 Owner Disclosure Owner Name ELGIA EASTER,AS TRUSTEE OF ELGIA AND MARY EASTER DECLARATION OF TRUST 7/16/2015 Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the Interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 38 Disclosure Statement Disclosure Statement 1/13 ('vy..f 1'rtpi:ef xm'n Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broiler/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. ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? Yes 0 No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN No • If yes,identify the company and Individual providing the service. 7. Does the Owner have an engineer/surveyor/went in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Franklin Johnston Group Management&Development, LLC Agenda Items 3 &4 Page 39 Disclosure Statement isclosure Statement cvv K��u awn Planning&Community Development s'. 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. OwitFrSldFi tire ELGIA EASTER,EASTER,AS TRUSTEE OF ELGIA AND MARY EASTER DECLARATION OF TRUST 7/16/2015 Print Name and Title 5— 2.3 -2.02.3 Date Revised 11.09.2020 7 I P a i Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 40 Disclosure Statement Disclosure Statement Planning& Community Development PARCEL ONE:GPIN:1494-54-7938-0000 Y� Owner Disdosure Owner Name GRACE SAWYER WOODY Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,fine,business,trust or an unincorporated business?❑Yes II No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary]or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes E No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 5 Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 41 Disclosure Statement Disclosure Statement N/I3 mutnra Nanning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■ Yes ❑No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?Lei Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?I Yes ❑No • If yes,identify the purchaser and purchaser's service providers. FRANKUN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■ No • If yes,Identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes i No • If yes,identify the firm and individual providing the service. 61 Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 42 Disclosure Statement Disclosure Statementvizs 11111.109. 'tl y e7 yumr aasr 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?111 Yes ❑No • If yes,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CEPA,Wetlands Board or any public body or committee in connection with this application. /,1,1 AP s 4 7A.1 Owner Siptatu►e J� GRACE SAWYER WOODY Print Name and Title 5 -z3- zoz"i Date 7I Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 43 Disclosure Statement Disclosure Statement Planning&Community Development PARCEL TWO: GPIN:1494-54-3861-0000 Owner Disclosure Owner Name WILLIAM E.SAWYER and PHYLISS H.SAWYER Applicant Name FRANKUN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes IIIE No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? a"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.23101. °"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+s shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a F.e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 44 Disclosure Statement Disclosure Statement yr{ram a.., Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. Existing financing: Credit Line Deed of Trust dated Feb.19,1987 with Sovran Bank,NA 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI W I W AMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?IN Yes ❑No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 j P a g Franklin Johnston Group Management &Development, LLC Agenda Items 3 &4 Page 45 Disclosure Statement Disclosure Statement \43 Yy,r 1'• ven Swat- Planning&Community Development 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. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public.body or committee in connection with this application. l Owner Signature WILLIAM E.SAWYER PHYLISS H.SAWYER Print Name and Title ALL-4S 4e L-5;71t/y£e Date 3�a y�,�D '�*3' Date ,`2`/2 f dz3 Revised 11.09.2020 7 l P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 3 &4 Page 46 Disclosure Statement Re-Zoning Application of Franklin Johnston Group Management&Development.LLC List of Property Owners GPIN Number 1494-54-7938-0000 1. JOYCE VANDERMEL WASSUM, Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16,2014; 2. VIRGINIA VANDERMEL PAULEY, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16,2014; 3. VIRGINIA VANDERMEL PAULEY; 4. SUSAN VANDERMEL GODWIN; 5. JOYCE VANDERMEL WASSUM; 6. AMY VANDERMEL SHEPARD; 7. WILLIAM EVERETT SAWYER; 8. ELGIA EASTER,as Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16,2015;and 9. GRACE SAWYER WOODY. GPIN Number 1494-54-3861-0000 1. WILLIAM,E.SAWYER;and 2. PHYLLIS H.SAWYER. 157314760v! Franklin Johnston Group Management& Development, LLC Agenda Items 3 &4 Page 47 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Franklin Johnston Group Management& Development, LLC Agenda Items 3 &4 Page 48 t CITY OF VIRGINIA BEACH * _: - " 2 INTER-OFFICE CORRESPONDENCE walk 4,1 • Op OUR NP.103NS In Reply Refer To Our File No. DF-11023 DATE: August 25, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 5, 2023. I have reviewed the subject proffer agreement, dated May 23, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager Prepared by: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 23 day of May , 2023 , by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); and JOYCE VANDERMEL WASSUM AND VIRGINIA VANDERMEL PAULEY, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; JOYCE VANDERMEL WASSUM;VIRGINIA VANDERMEL PAULEY; SUSAN VANDERMEL GODWIN;AMY VANDERMEL SHEPARD;WILLIAM EVERETT SAWYER; ELGIA L.EASTER,Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; GRACE SAWYER WOODY;WILLIAM E.EVERETT;PHYLLIS H.SAWYER; (collectively"Sawyer Family", and to be indexed as grantor); and KEELINGWOOD APARTMENTS,LLC, a Virginia limited liability company ("Keelingwood", to be indexed as grantor) (FJG, Sawyer Family, and Keelingwood hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, JOYCE VANDERMEL WASSUM and VIRGINIA VANDERMEL PAULEY, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; JOYCE VANDERMEL WASSUM, VIRGINIA VANDERMEL PAULEY, SUSAN VANDERMEL GODWIN and AMY VANDERMEL SHEPARD; WILLIAM EVERETT SAWYER; ELGIA L. EASTER, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; and GRACE SAWYER WOODY, are the current owners of that certain parcel containing approximately 6.5 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-54-7938-0000 ("Parcel A"), as more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS,WILLIAM E. SAWYER and PHYLLIS H. SAWYER are the current owners of that certain parcel containing approximately 4.93 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-54-3861-0000 ("Parcel B"), as more particularly described in Exhibit B attached hereto and incorporated herein by reference; and GPIN: 1494-54-7938-0000; 1494-54-3861-0000; 1494-53-4876-0000 161004100v1 WHEREAS,FJG is the current contract purchaser of those portions of Parcel A and Parcel B that are described in Exhibit C attached hereto and incorporated herein by reference(the"Added Property"); and WHEREAS,Keelingwood is the owner of the real property described on Exhibit D attached hereto (the "Original Property"), which Original Property is currently zoned Conditional A-18, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Franklin Johnston Group Management & Development, L.L.C., Trustees of First Lynnhaven Baptist Church, and Grantee dated January 31,2014, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia(the"Clerk's Office") as instrument number 20140711000631540(the"Original Proffers"); WHEREAS,FJG and Sawyer Family have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Added Property from AG-1 &AG-2 to Conditional A-18; and WHEREAS, Grantor desires to amend and modify certain of the covenants, restrictions, and conditions set forth in the Original Proffers as provided herein, in order to incorporate the Added Property into the Original Proffers, subject to the terms of this Agreement; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning, site plan,building permit or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Added Property and hereby covenant and agree that these proffers (collectively,the"New Proffers")shall constitute covenants running with the said Added Property, which shall be binding upon the Added Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: The following proffered conditions are hereby added to the Original Proffers with respect to the Added Property, and shall be the proffered conditions applicable to the Added Property(but shall not affect the Original Property): 1. When developed, the Added Property shall be developed in substantial conformity with the conceptual site plan entitled"The Silo at Southern Pines Conceptual Development Plan", dated May 31, 2023, and prepared by Timmons Group (the "Concept Plan"), a copy of which has 2 161004100v1 been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox,Kliewer&Company, P.C., entitled"The Silo at Southern Pines Conceptual Elevations"and dated May 31,2023 (the"Elevations"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The number of multifamily residential units located on the Added Property, when developed, shall not exceed a total of one hundred seventy-six (176). Not less than thirty (30) percent of the total number of residential units developed on the Added Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. 4. Landscaping installed on the Added Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled"The Silo at Southern Pines Conceptual Planting Plan",and dated May 31,2023(the"Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The community identification sign on the Added Property shall be a monument- style sign not exceeding eight(8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 6. The fmal stormwater management plan submitted to the Development Services Center(DSC)during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management ordinance(s). 7. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required 3 161004100v1 building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 161004100v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIlN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC, a Virginia limited liability company w L/ By: r Name: 1l Uende 1 F1'?r-n kb Y1 Title: Manager By: Name: )A,i ity/Dr- Frt2-aetii Title: Manager STATE/COMMONWEALTH OF CITY/COUNTY OF YikpiA-73e—e-c--A7 ,to-wit: The foregoing instrument was sworn to and acknowledged before me this day of 2023, by A f)ck-q1 'a-rI/i/1 and 111/ in their capacities as Managers of Franklin Johnston Group Management & Development, LLC, a Virginia limited liabilitycompany. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this,Pay of ,2023. eglaketti-41141.0a4-ti igyvi-A3) Notary Public (SEAL) My Commission Expires: /17/3 l Barbara Maureen Byrnes Registration Number: 701 f o'�® Notary Public Reg#71 ,9 '!O Cemnaonweait&of Virginia 5 157311312v3 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: . lv 0 `':' .. YCE VANDERMEL WASSUM, Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16,2014 aelu__Af CE VANDERMEL WASSUM STATE/COMMONWEALTH OF 144; , CITY/COUNTY OF VI41/ 0 u t ,to-wit: The foregoing instrument was sworn to and acknowledged before me this-2544 day of _ , 2023, JOYCE VANDERMEL WASSUM, as Co-Trustee of the Addie S. Vandermel Trust dated Janua ry 16, 2014 and Individually. S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this day of ,2023. r Notary Public (SEAL) \S,AP� • AR ,o My Commission Expires: f ;� 0 Cp Registration Number: r � � = �`� g�R�, 6 1573)1312v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: VIRGiNIA VANDERMEL PAULEV, Co-Trustee of the Addle S. Vandermel Revocable Trust dated January 16,2014 VIRGJA VANDERMEL PAULEY STATE/COMMONWEALTH OF 111 f Q CITY/COUNTY OF :Vi rg inIA 13'C1(Ii The foregoing instrument was sworn to and acknowledged before me this �2 5 t"day of 14\01M , 2023, VIRGI IA VANDERMEL PAULEY, Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16, 2014 and Individually. S/He is either personally known to me or has produced CAh I f i1 (I CtilSe as identification. Witness my hand and official stamp or seal this/15 day of PI 001 ,2023. `jj1 Notary Public (SEAL) My Commission Expires: 0 5 f i/2,025 ,a ,es�cope j /e�g Registration Number: 19 .1 24 ;eaeet,�R«'' P"N . �� N . • e y� h • . � Ue P oN :gyp 7• 92724 s,�fll•a-{oiNI\ e 7 157311312v1 AuthentlsIgn ID:530D5F3F-E8F8-ED11-907A-8045BDD47FEA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above, GRANTOR: 4SU AN VANDERMEL GODWIN STATE/COMMONWEALTH OF Vie,/Ai, CITY/COUNTY OF P i,q,,w;..x r a e lj ,to-wit: The foregoing instrument was sworn to and acknowledged before me this I- day of -C / ,2023, SUSAN VANDERMEL GODWIN. S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this..25711liday of ) ,2023. t om.) n Notary Public (SEA )t t 11 r r r,! ```s p.. My Commission Expires: ' -2 1.2 a.24 =�0 C MY n: Registration Number: / f/. 6, 4 - o OM „/oN �Q- . 1iiiIIt►o" 8 157311312v1 AuthenUsfgn ID:530D5F3F-E8F8-ED11-9O7A-60458DD47FEA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: Cl& AMY VA ER'EL SHEPARD STATE/COMMONWEALTH OF V,,kg/Ai/ CITY/COUNTY OF if, .to-wit: The foregoing instrument was sworn to, and acknowledged before me this ay of ,2023,AMY VANDERMEL SHEPARD.S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 25 day of )1t ,2023. Notary Public (SEAL) `,�� [Ifni, G.1134 Aft My Commission Expires: J-/2d/tz:e a- -'o p � MY c7 Registration Number: / 9/g = 0: �oMMrss► = o= NUMgER . 9 1573113120 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: 91/11/4;t4--. "tAviir 44/PA-- WILLIAM EVERETT SAWYER,a/k/a WILLIAM E.SAWYER STATE/COMMONWEALTH OF U 1rj'c 1'1 COUNTY QF s �' i✓t t '/ to-wit: The foregoing instrument was sworn to and acknowledged before me this 30 day of ,2023,WILLIAM EVERETT SAWYER,a/k/a WILLIAM E. SAWYER. S/iie is either ersonally known to me or has produced 1 i!--VS t4 fl as identification. Witness my hand and official stamp or seal this (3Oday of m ,2023. r-;?AkAg_ft_ Notary Public (SEAL) My Commission Expires: �r3J Lif � \IN CE�� ° 1 S S Registration Number: e��y M Ccm Expires G v - C p ¢P G/ t% U 7215513 i �a !I l 10 157311312v1 Authentisign ID:530D5F3F-E8F8-ED11-g07A-80458DD47FEA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: PHY" S H.SAWYER STATE/COMMONWEALTH OF V ` r /COUNTY OF v 1V i 1w,1,cv liott,177,to wit: The foregoing instrument was sworn to and acknowledged before me this SO day of -k \ ,2023,PHYLISS H. SAWYER. S/He is either personally known to me or has O` Lt as identification. produced() � � r/�.�� C�,, Witness my hand and official stamp or seal this 30day of ni F 2023. Notary Public (SEAL) MyCommission Ex ires: 7-3I-et-i �c�ab�...... pads®o P ° v�N�� Registration Number: 7 1 1 ��)" • �Tq • --%•• i7- { 4 V T � •a p% Q �y`.omm.Ex i ao 7215 5i3 Q 4 A�sal9a OC:A �$ tv- 11 157311312v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: •. EASTER, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16,2015 STATE/COMMONWEALTH OF V*,w' £rn 4 S c CITY/COUNTY OF VI "y 4(,` ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 1S41*day of Ow ,2023,ELGIA EASTER, Trustee of the Elgia and Mary Easter Declaration of Trust dhted July 16, 2015. S/He is either personally known to me or has produced +) 10t -rs as identification. Witness my hand and official stamp or seal this 1c4'day oft ,2023. J ,4)/L, Notary Public (SEAL) SCOTT FULTOid _3u-D o 0"L Notary Public My Commission Expires: Commonwealth of Virginia Registration Np,7153626 My Cnmmissmri Expires Sep 30,2026 Registration Number: 1 I53/. 12 157311312v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: iltAtJv �� U 1cLh GRACE SAWYER WOODY STATE/COMMONWEALTH OF r `' CITY/COUNTY OF t /// to-wit: The foregoing instrument was sworn to and acknowledged before me this 23 day of 2023,GRACE SAWYER WOODY. S/He is either personally known to me a or has proauced ,./ as identification. Witness my hand and official stamp or seal this day o f i / ,2023. Notary Publi (SEAL) ��1�a41�6P��/9 My Commission Expires: — • �o�5,0T T Noc°� Registration Number: otr d v ppC J `'ION EXPk ."- 13 157311312v1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: KEELINGWOOD APARTMENTS,LLC,a Virginia limited lia ili`. c- ny By: 4 • Name: ,/ l of av-P' k t'? Title: Manager STATE/COMMONWEALTH OF - CITY/COUNTY OF 141/14-4.:4„.&-e..ot C:k),to-wit: The foregoing instrument was sworn to and acknowledged before me this Arn of g y /t .- , 2023, by Vir. Taylor- - i/CI,V and in his cabi acity as Manager of Keelingwood Apartments, LLC, a Virginia limited liability company. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this day of. _ 2023. 800-0/10,_Aduatece, 6i9,4.4 Notary Public (SEAL) My Commission Expires: /0/3 AP 02 Registration Number: I� -' �- 'z' ,' ' �',`{� -`-''��'�`�f -7O a Barbera Maureen Byrne Notary Public Reg#7069820 Commonwealth of Virginia k 14 157311312v3 EXHIBIT A Legal Description GPIN: 1494-54-793 8-00 00 ALL THAT certain tract, piece or parcel of land, in Seaboard Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia consissting of 7.817 acres and described as Parcel A as shown on that certain "Subdivision of Property of R. Everett Sawyer and R. G.Moore and Frances Moore"dated June 25, 1985 made by Talbot and Associates,Ltd.,and recorded July 12, 1985 in the Clerk's Office in the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2426 at Page 496, et seq. together with any buildings and improvements thereon and with all rights of way and drainage. SAVE AND EXCEPT the property conveyed to the Commonwealth of Virginia, by deed of Mary V. Sawyer,Trustee of THE SAWYER FAMILY TRUST u/a dated July 3, 2002, in its deed dated July 10, 2007, which deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20071003001343980. 15 157311312v3 EXHIBIT B Legal Description GPIN: 1494-54-3861-0000 All that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach,Virginia,known as 5.011 Acres as shown on"Survey of Part of R. Everett Sawyer's Property, Princess Anne Borough, Virginia Beach, Virginia, for R. Everett Sawyer, Scale 1"=100', Date: Dec. 26, 1974" by James C. Hickman, Certified Land Surveyor, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 108 at page 41. Said conveyance is hereby expressly subject to a reservation of right of way along a 20 foot existing lane as shown on said Plat for R.Everett Sawyer,his heirs,assigns and devisees. LESS AND EXCEPT property conveyed to the Commonwealth of Virginia by deed dated August 17,2007 and recorded in the aforesaid Clerk's Office December 17, 2007 as Instrument Number 20071217001658220. 16 157311312v3 EXHIBIT C Depiction of Added Property Beginning at a point located on the southern right-of-way line of Princess Anne Road.Thence, S44°18' 45"W for a distance of 328.19'to a point;thence,S44°00'47"W for a distance of 347.66'to a point; thence, N51°16'20"W for a distance of 363.12'to a point;thence N38°52'32"E a distance of 275.65'to a point;thence, N51°46'29"w a distance of 26.79'to a point;thence, N38°28' 14"E a distance of 381.71' to a point on the southern right of way line of Princess Anne Road;Thence,along said right of way line S53°14'54"E a distance of 455.14'to the true point and place of beginning.Containing 272,876 square feet or 6.26 acres,more or less. 17 161004100v1 EXHIBIT D Description of Original Property ALL that certain lot,piece or parcel of land,together with the improvements thereon, situate,lying and being in the City of Virginia Beach,Virginia,together with the appurtenances,riparian and other water rights thereto known and designated as PARCEL B-1 15.682 ACRES on a plat entitled "Subdivision of Parcel 'B' Courthouse Baptist Church(M.B.246,Pg.91),Princess Anne Borough,Virginia Beach,Virginia",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No.20150623000581990,together with a 24 foot wide private ingress/egress easement running across Parcel A for the benefit of Parcel B as depicted on the plat recorded in Map Book 246 at page 91. TOGETHER WITH those certain rights,privileges and easements contained in the Declaration of Twenty-Four Foot Private Ingress and Egress Easement to benefit Parcel B recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach,Virginia in Deed Book 3549,at page 1710 and shown on plat recorded in Map Book 246 at page 91. TOGETHER WITH rights of ingress and egress as provided by two certain Variable Width Public Ingress/Egress and Pedestrian Access Easements as shown on plat entitled "Resubdivision Plat of Courthouse Marketplace,Virginia Beach,Virginia," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 200412220199793. IT BEING a portion of the same property conveyed to Wayne Andrews,Frankie L. Copeland,Earl Holland,Earnest Jones,Joyce Leach,Valerie Matthews,Eugene Rose, Samuel Simmons,James L. Singleton,Jr.,Jacob Valery,Ralph Wormley and Laurice Yarn,Trustees of First Lynnhaven Baptist Church by deed from Norman S.Smith,Leslie W. Smith and Lonnie Glossin,Trustees of the Courthouse Baptist Church of Virginia Beach,dated April 14,1997 and recorded April 18, 1997 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 3729 at page 1544. Correction Deed recorded May 21, 1997 in Deed Book 3741 at page 1919. 18 157311312v3 Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item #3 &4 Franklin Johnston Group Management & Development, LLC RECOMMENDED FOR APPROVAL w/ MODIFICATIONS Madam Clerk: Next item is agenda items three and four Franklin Johnston Group Management and Development, LLC. This is an application for a conditional rezoning of AG-1 agricultural district and AG-2 agricultural district to Conditional A-18 Apartment District with Workforce Housing Overlay for portions of 2737 Princess Anne Road and eastern adjoining parcel 2520 Allie Nicole Circle in District Two. Mr. Alcaraz: Thank you. Come forward and state your name. Mr. Beaman: Thank you, Mr. Chairman, Mr. Vice Chairman, members of the Commission for the record, my name is Rob Beaman. I'm a Virginia Beach land use attorney here today on behalf of the applicant, Franklin Johnston Group, joining me this afternoon is Taylor Franklin, who's one of the principals of Franklin Johnston Group as mentioned, during the informal session this morning, this project would be phase two of the Southern Pine Development, the Franklin Johnston Group built about 10 years ago over behind the municipal center, behind the Harris Teeter Shopping Center at the Municipal Center, which has been very popular and very well received. This phase would include 176 units and other upscale indoor and outdoor amenities, including a swimming pool, grilling area, workout facility, and also a clubhouse and meeting space. One of the most important components of this project is workforce housing, and a significant percentage of the units in this development would be set aside for folks who qualify under the workforce housing provisions of the city code, rents for these units would be about 25 to 30% less than what market rates would be for other units in the complex. I know there's a large need for workforce housing all over the city, but particularly here near the Municipal Center, which hopefully even folks that work for the city could take advantage of. Now in the informal, we certainly heard and understood there was some concerns about the height of the buildings, you know, being, on Princess Anne Road and being four stories and so. We went back and I spoke with my client, we spoke with our architect and engineer and what we would like to do is modify the application a couple of ways to address that. First, we would be willing to reduce the building, the residential building along Princess Anne Road from four stories to three stories. We've already moved that back from about 80 feet off the right of way to 130 feet. We would reduce that down to three stories, and then by making modifications to the roof line of the remaining buildings on the site, we can reduce the height of the remaining buildings down to 55 feet each. And just by comparison, the existing Southern Pines buildings are already at 48 feet, so just several feet above those. Additionally, we can add berming. We heard that there was a concern about, you know, just making sure that the front of the site was dressed up as much as possible. We've already increased landscaping. We can add berming along the front of the site as well. And then finally while it's not feasible for us to offer workforce housing, if all the units or all the buildings are brought down to three stories, if allowed to keep the back buildings at four stories, we can increase the workforce housing component from 17% up to 30%. So nearly doubling that,which would take the total number of units to 52 units of workforce housing at this site, so with those changes, we certainly appreciate your time and consideration, and our team will standby for any questions. Mr. Alcaraz: All right, we'll call you up. Mr. Beaman: Thank you. Mr. Alcaraz: Let me see if there's any speakers, none? Madam Clerk: No sir. No speakers. Mr. Alcaraz: Okay. Well commissioners, would you like to discuss, or would you like to ask the applicant some questions? I'll get him back up here. I apologize. I thought maybe we had some speakers. Mr. Horsley: Mr. Beaman if you would come back. Mr. Alcaraz: Sorry about that. Mr. Beaman: Yes sir. Mr. Horsley: Explain the number of workforce housing units. You said 17%. Mr. Beaman: So, 17% was the original proffered amount Mr. Horsley, we would be willing to modify the proffer to increase that to 30%. So, 30% of the total of 176 would be workforce housing. Mr. Horsley: 30% of the whole of the 170 whatever it is. Mr. Beaman: Which, I believe works out to 52. Mr. Horsley: That's 52. Mr. Beaman: 52 units. Yes sir, I believe, but I believe the proffer reads 17%, so we'd increase that to 30%. Mr. Horsley: How do you get from 17 to 30? Mr. Beaman: We would be willing to increase the number, the 17 is the minimum required under the city's zoning ordinance, and we would increase that over the minimum up to 30%. Mr. Horsley: Up to 30%? Mr. Beaman: Yes sir. Mr. Horsley: And how can you get down from a 60 to 55 on your buildings? Mr. Beaman: Right now, the roof we're proposing now has dormers and other features that increase the elevation, and we can modify the look of the roof and the structure of the roof to bring that down by a couple of feet and get it down to about 55 feet. We have confirmed that with our architect. Mr. Horsley: And what is the height of your three-story building? Mr. Beaman: The existing Southern Pine is 48, I believe. Mr. Horsley: 48? Mr. Beaman: Yes sir. Mr. Horsley: And this is phase two of Southern Pines, right?' Mr. Beaman: This is phase two, yes sir. And I also understand that the property sits a couple of feet below Princess Anne Road. We have no plans to raise it, so there will even be another couple of feet, you know, that the building will be reduced in appearance, so it'll be, you know, roughly equivalent to Southern Pine. And then of course, the front building,we would take down to three stories. And my understanding is the buildings that the front building is 130 feet off the right of way; my understanding is the rest of them are a minimum of 220 feet off the right of way. So these are well set back into the property. Mr. Horsley: So the Southern Pines phase one you said there, those are 48 feet? Mr. Beaman: I believe that's because of the pitch of the roof. Yes sir. Mr. Horsley: Okay. That's a very nice project. Mr. Beaman: Thank you. Mr. Horsley: And this looks like a very nice project too. My main concern is four stories, because three stories is one thing, but four stories is, you know, adding 25%. And I don't think this area is ready for four story buildings, I mean, if you were a little bit further north in the city, I think you're fine. But I don't think this area is ready and I think it sets precedence. If you can talk me out of that, not setting a precedence, you know, you can give your best shot, but I can't say how you can do that right now. But it, you know, future developments that appear to want to be multifamily, they say, well, you got four stories there. Why can't we have four stories? And I can't see how you can tell these people know when they come if, we've granted you to four stories, if you understand what I'm saying. Mr. Beaman: I do, yes sir. The only thing I'll note is I know the comprehensive plan and the ITA plan all call for the clustering of residential uses in close proximity to the municipal center. And this is one of the few properties where multifamily could be developed in such close proximity to the Municipal Center. So, it really does lend itself for compatibility with a comprehensive plan in that regard. Mr. Horsley: Okay. I'll let some other folks talk. Thank you. Mr. Coston: I got a question. Mr. Alcaraz: Yeah, Mr. Coston. Mr. Coston: Could you give me the price on the proposed rents? Mr. Beaman: Sure. The proposed rents, my understanding,of course, these are subject to market forces, you know, depending on, you know, what the market is at any given time. But a one bedroom now my understanding would be about 1,350, a two bedroom 1,575, and a three bedroom 1800. Mr. Coston: Thank you. Mr. Beaman: Yes sir. Mr. Alcaraz: Mr. Clemons? Mr. Clemons:Yeah, thank you very much. Yeah, I appreciate the modifications and adjustments that you've done to the original proposal. I guess that my question has to do with the reduction of the height of the buildings; aesthetically will that affect the drawings that we've seen? Mr. Alcaraz: It will change the drawings a little bit. My understanding is the proposed roof line is similar to what Franklin Johnston Group has used on some of its other projects here in the city of Virginia Beach that have gone through the same process. So we believe it'll be attractive and of course, we'll run it by the planning department as well. What our intention is, is to modify the exhibits between now and council, and we're happy to put that on the record and work with staff to get those changes made, you know, ASAP after this hearing. Mr. Clemons:Great. Thank you very much. Mr. Beaman: Yes sir. Mr. Alcaraz: Mr. Anderson? Mr. Anderson: I know there's been a lot of discussion about the Princess Anne Road entrance and exit. I know, I think staff was against that. What's your opinion of [Voice overlapped] [29:30] able to have that access? Mr. Beaman: Sure. So we're proposing the primary access to be off George Wythe,which is an internal right of way that kind of winds its way up into the interior portions of the site. I believe the site plan; you've got it in front of you. So, and you'll see we've added a more significant and prominent entrance feature there. And the property will be addressed off of George Wythe. But given the way the property lays out in its location on Princess Anne Road, we believe it would be unreasonable and a little bit risky not to have some access on Princess Anne Road, particularly for folks who are coming south down Princess Anne Road. If they can't turn into the site and they don't have access, they'll see it, but they won't know how to get into it and they'd have to, you know, go all the way down to Nimmo turn, go all the way back up through the shopping center to access the site and, you know, for folks who live there, that may be one thing, they'll get used to that. But what we're worried about primarily is folks who don't visit the site often, visitors, delivery folks, or even first responders trying to find the property and just having a write in, write out, we don't believe would adversely affect the traffic pattern. I believe it even kind of transitions down to about 35 at this stage. And we have proposed a right turn lane as well for traffic coming in and out to be able to queue so, we don't believe it would have an impact on the road network, and we believe it's kind of the reasonable solution for this property. Mr. Anderson: Has there been any traffic surveys for the, you know, the new entrance? Mr. Beaman: We did conduct a traffic study as part of this application and that was submitted to staff and I believe the only recommendation was a right turn lane, if I'm not mistaken, that's my recollection. Mr. Alcaraz: All right, Mr. Plumlee? Mr. Plumlee: Thank you very much. Frankly, I appreciate the density at this location. I think it's necessary. I do also appreciate the concession with regards to the height because I think that's what we're trying to achieve as a lower height ultimately, if you don't believe that the roof line is compromised or non-problematic, I was also interested on the entryway to Princess Anne. And as a right only, I don't think that has ultimately a negative impact to traffic there. Is the traffic study indicating that there needs to be any sort of signal or anything of that nature? Mr. Beaman: No sir. Mr. Plumlee: With the numbers coming out of the development? Mr. Beaman: No sir. It is not and one thing or two things I wanted to point out, the access will actually not line up with [Inaudible] [32:00] across the street from it, so one of the concessions we made or modifications we made to the plans after meeting with some of the folks across Princess Anne Road, they didn't want our access to line up with [Inaudible] [32:10] and so what we did is we shifted it south on the property so it's behind a fixed median and so there's no opportunity for any sort of effect or impact. Mr. Plumlee: Cut straight across. Mr. Beaman: That's right. You can cut straight across, so it's well done, you'll see on the kind of the southern end of the property. Mr. Plumlee: All right. And reducing the number of stories on the front building is, you've agreed to that? Mr. Beaman: Yes sir. Mr. Plumlee: You've agreed to lower the roof line on the remaining buildings and increase from 17 to 30, the workforce housing to get us to 52 units at this site, that's all now going to be what proceeds to counsel? Mr. Beaman: That's right. All that will be written into the proffers and into the exhibits, and then also the addition of the berming as well along Princess Anne. Mr. Plumlee: Thank you. Mr. Beaman: Yes sir. Mr. Alcaraz: Any other questions? Just I have a couple, the berm. Do you know what height that would be? Mr. Beaman: I believe that we are proposing three feet. We can work with the staff on what they'd prefer, but I believe three foot is fairly standard, but we can work with them. Mr. Alcaraz: If I may ask the traffic engineer to come forward, just got a question on the right in, right out. Rick, I know you had some concerns about it. I just was gonna ask on the right end only, would that be workable? Mr. Lowman: So the master transportation plan, I mean, it dictates where access can be and where it can't be and in the Princess Anne Quarter study even goes, takes it a step further. To say that, you know, no access should be granted from Princess. No direct access should be granted from Princess Anne Road. The way it was laid out, it was laid out back in, you know, the early 2000s and if you notice that right of way there where George Wythe Drive is, that right of way already existed. We set that up to have reverse frontage and that's what it's called out for in the Princess Anne Corridor study, which was adopted by City Council and updated in 2009. So, you know, the reverse frontage was the way that we wanted, you know, access to be set up off of Princess Anne Road so you wouldn't have direct, you know, private access off the road. So, you know, if you see as a right only acceptable and the right in only is better than the right in, right out, and you know, when the representative had said, all we asked for was the right turn lane, we didn't ask for the right turn lane, except if, you know, we didn't want the entrance there at all. So frankly, we didn't review the study because again, we're saying, you know, please don't put the access point there. If we talk about precedent of four-story buildings, again, we're setting a precedent here by allowing access off of Princess Anne Road. So, what's to keep the next one, you know, the next applicant from requesting access to Princess Anne so, right in is obviously better than right in, right out, which is obviously better than a full median access. But the comp plan and the Princess Anne Corridor study are pretty clear to state that no direct access should be given. Mr. Alcaraz: My concern was just emergency access. I know the locality; you got fire and rescue right next door. But if someone was, if an emergency situation was there and they had to head south, you have to go all the way around. Mr. Lowman:And what we've done on other developments, other apartment or other, you know, even residential is you can put an emergency access point there. It'll be grassed, it'll be grass paved so that the fire department can drive over top of it. It's gonna have a gate with a Knox lock which means that the fire department and the police and EMS have access to that lock. They have keys to those locks so that they can get in the case of an emergency. You know, we do that in other parts of the city for other, you know, in other areas where we don't wanna have a full access point that's used by the, you know, the general public, but it is available as an option. And it looks like any other piece of grass, you know, except that there's, you know, it's paved underneath. Mr. Alcaraz: All right, thank you. Mr. Lowman: Sure. Mr. Alcaraz: Is there any other questions? Mr. Horsley: Oh, I'd like Mr. Beaman to come back up though. Lowering the one structure from four stores to three, how many units did you lose? Mr. Beaman: There are eight units on the fourth floor of that building. We don't intend to lose units because there's only eight of those by changing the unit count on the other buildings or unit mix, I'm sorry and by making some modifications to the front footprint of the buildings, we believe we can pick up those eight in other places on the property, if that makes sense. So the density would remain the same. Mr. Horsley: So you can't change these other buildings and put those units somewhere else also to bring it down? Mr. Beaman: Yeah to answer your question, Mr. Horsley, if we were to take all the buildings down to three stories, I believe it would be 44 units, I think we would lose and the property is only 6.3 acres. We just don't have enough places to put those units on the site. Mr. Horsley: So if you did go to three, how many units would you lose 44 units? Mr. Beaman: Yes sir. Mr. Horsley: Okay. And that would bring you down to 130 something, is that right? Mr. Beaman: Yes sir. Yes, sir. Mr. Horsley: And how about workforce? Mr. Beaman: My understanding is if we brought everything down to three stories and lost all those units, it wouldn't be feasible financially to do workforce housing. Mr. Horsley: You wouldn't have any workforce housing? Mr. Beaman: Yes sir. Mr. Horsley: It's kind of hard to understand. But anyway, so you gotta get, in other words, to get workforce housing, you gotta build skyscrapers, is that what you're telling me? Mr. Beaman: Which is four stories, sir, yes sir. Mr. Horsley: Okay, thank you. Mr. Beaman: Yes sir. Mr. Alcaraz: All right, thank you Mr. Beaman. All right, we'll close it now for discussion. Can I ask somebody, Mr. Plumlee? Mr. Plumlee: If I can make a motion then we can have a discussion if you're ready for a motion. I'd rather have a discussion. Mr. Horsley: We have a discussion about it. Mr. Plumlee: Yes. Okay. My point I'd like to bring up is that I appreciate very much the concessions the applicant has made. I understand the height concern and the number of stories and the precedent sets. The growth of the city, I think is demanding that we consider greater density in particular, I think we need more workforces housing available. I do very much appreciate the increase from 17% to 30%, in the number of workforce housing that is going to dig into the ultimate profitability of this location. But I really do, I would move to approve this for the reasons I've just said. Mr. Parks: All right, let me. Mr. Alcaraz: Mr. Parks. Mr. Parks: Yeah, I would just second what Mr. Plumlee was just saying. I think the concessions were exactly what we were looking for. I do get the precedent, but I think they're willing to work with us. So I think I agree with Mr. Plumlee. Mr. Alcaraz: All right, thank you. Over here Mr. Horsley, your light's on. Mr. Horsley: Sure. You have already heard my concern, and it's still, I still voice that same concern because, you know, we've got a very special place here at this courthouse and it is a beautiful place. I think it's probably most beautiful municipal facility in the Commonwealth of Virginia. I haven't seen all of them but I've seen a few of them. And, you know, I just think that when we start allowing buildings that go, you know, go taller than what we are accustomed to having, you take a little bit away from what you've built for years, and I know it's not as tall as these buildings, but these buildings are public buildings and they should be taller buildings. So I just cannot support the four stories at this point. I mean, I appreciate the efforts you bring down the height and whatever, but I think it adds density there, that probably is not really coming to what we'd need to have this close to the Municipal Center. I appreciate that the workforce housing deal, it's just hard for me to understand why you can't have workforce housing in three stories situations either, I guess. But there's, I guess there's a dollar and cents issue for all of that. So at this point, I cannot support the application, even though I like the application. If you drop it, if you drop everything in three stories, you get my vote hands down, but I can't support it that way, but because of the precedence that it was going to set. Thank you. Mr. Alcaraz: Thank you, Mr. Horsley. Mr. Clemons? Mr. Clemons:Yeah. Thank you. I would like to just say that I do appreciate the modifications that have been offered. I think that the City of Virginia Beach is in great need of a project such as this. I agree with commissioner Horsley regarding the 17% minimum, if you will, in terms of workforce housing. I would like to look into that a bit further for explanation, but all in all, I think that this project will serve our city well. Mr. Alcaraz: Thank you. Ms. Byler? Mr. Byler: I also will echo that I appreciate the need and I very much appreciate the increase of 30% of workforce housing. I'm a little discouraged that I don't hear more agreement from the developer regarding the Princess Anne Road access 1.7 cars per apartment that's well over 200 cars think of rush hour coming in and going out. I've heard the city engineer or the traffic engineer address the issues of no more access on Princess Anne Road. So wonder why an emergency only access isn't acceptable and I come to the conclusion that it's because they believe it's really gonna be used. And if it's really gonna be used, that's an issue on Princess Anne Road, so that's my concern. But otherwise I'm okay with the reduction in the first building to three stories and the others remaining four and hopefully because it's here at the housing cluster of the Municipal Center, it won't be setting the precedent that my fellow commissioner concerns. Mr. Alcaraz: Thank you. I'll say my little spiel. I'm an advocate for workforce housing, and I do appreciate the modifications from 17 to 30%. Thank you that's really nice of you to do that. I understand now about the Princess Anne Road, but having said that, I'm probably gonna support this and if there's no other comments,- I think we have a motion on the table for Mr. Plumlee. Mr. Plumlee: Yeah, I'd like to make a motion to recommend the project put forth with this application, with the modifications presented by the representative for the applicant, first that there's an increase in workforce housing from 17% to 30%. Second that there's a reduction in the number of stories on the Princess Anne Road building from four to three stories, third that the remaining buildings will be reduced in height at the roof line to, I believe the number was 55, I'm not worried about that exact number, but I think that's what was said and that the entryway to Princess Anne Road will be right in, right out, only as presented. I would encourage the applicant to work more with traffic, but I'm not gonna make that a condition of this motion and I think those were the only modifications that I can recall made to the application. So I'm otherwise moving to approve. -I'll just add the berm. Mr. Plumlee: Alright, we got a motion by Mr. Plumlee. Mr. Parks: Second. Mr. Alcaraz: Second by Mr. Parks. Madam Clerk: The vote is now open. By a vote of nine to one with the modifications of conditions, items three and four have been recommended for approval. AYE 9 NAY 1 ABS O ABSENT 0 Alcaraz AYE Anderson AYE - Byler AYE Clemons AYE - Coston - AYE Cuellar - AYE Estaris AYE - Horsley -_ - NAY - Parks AYE Plumlee AYE Transition Area/Interfacility Traffic Area Citizens Advisory Committee July 13,2023 Virginia Beach Planning Commission Building 1,City Hall 2401 Courthouse Drive Virginia Beach,VA 23456 Dear Mayor Dyer,Vice Mayor Wilson,Virginia Beach City Council Members and Planning Commission, At the July 6,2023,Transition Area/lnterfacility Traffic Area Citizens Advisory Committee(TA/ITA CAC) meeting,the Franklin Johnston Group presented a plan for a zoning change from AG-1 to A-18 on property that lies within the ITA and the ACIUZ.After carefully considering the options and community impacts,our committee has concerns regarding the extreme density and impacts on the precedent it sets for future development. Based on the information provided,the TA/ITA CAC recommends the denial of the application based on the following: • Nearly half of this property lies within the AICUZ area designated at 65-60 DNL,limiting development to 1 unit per 15 acres,reducing the overall density.The density should be reduced proportionally to the amount of land within the AICUZ to satisfy the requirements and obligations to the Navy. • The density is 27+per acre,far more than the requested 18 units,and exceeds recommendations for this area. • This increased density can have devastating impacts on properties in the area currently zoned AG.These developments'high density will set a precedent due to their proximity that can have devastating implications on nearby stable neighborhoods.City Council has many times adopted plans to protect these stable neighborhoods. • The Princess Anne Corridor Study explicitly identifies the intent to protect the viewshed for motorists traveling on Princess Anne Road near the courthouse.The 4 story structures will be a massive change from the single-family homes on the adjacent AG properties. • The height of the buildings is nearly double the intended height for properties in this area. • Neighboring property owners are concerned with the density,height of the buildings,and potential impacts from the enormous amount of impervious cover. The TA/ITA CAC encourages the Virginia Beach Planning Commission to deny the advancement of this request. We request that the developer amend the current plan to reflect the desired intent of publicly vetted documents, comply with density limitations,and reduce the height to be within the limitations to protect the viewshed from Princess Anne Road.We appreciate the developer's willingness to discuss the project and hope to work with them to create a development consistent with guidelines while also meeting the needs of the business and community. Sincerely, joit."?‘344144.6(Lt Lisa Hartman Chairperson TA/ITA CAC Hoa N. Dao From: Pearne, Michael E CDR USN HM 12 (USA) <michael.e.pearne.mil@us.navy.mil> Sent: Monday,July 24, 2023 5:40 PM To: Hoa N. Dao; Kaitlen S.Alcock Cc: thepearnes@yahoo.com Subject: Princess Anne Crossing:A Defender of Residential Harmony against the Proposed 4.5 Story Apartment Complex To Whom it May Concern— Princess Anne, a historic and picturesque neighborhood in Virginia Beach, has long been cherished for its serene ambiance and close-knit community. However, the proposed construction of a 4.5-story apartment complex threatens to disrupt the harmony and character of this beloved residential area. This letter aims to explore Princess Anne's opposition to the planned development, focusing on the variation in height, density, and zoning regulations that make it incompatible with the neighborhood's existing fabric. The Height Variation One of the primary concerns raised by Princess Anne residents is the significant height variation between the proposed apartment complex and the surrounding single-family homes. The neighborhood predominantly consists of one- and two-story houses, which contribute to its unique charm and aesthetic appeal. The introduction of a towering 4.5-story structure would create an incongruous visual contrast, disrupting the architectural harmony that defines the Princess Anne area. Moreover, the increased height would cast long shadows over future neighboring properties, obstructing natural light and diminishing the quality of life for residents. This deviation from the established height norms not only compromises the neighborhood's visual integrity but also infringes upon the rights of both existing and future homeowners to enjoy their properties unimpeded. The Density Concern Another significant issue raised by Princess Anne residents is the density implications of the proposed apartment complex. The neighborhood's current zoning regulations prioritize low-density residential development, fostering a sense of spaciousness and tranquility. The introduction of a 4.5-story apartment complex would significantly increase the population density, leading to overcrowding and straining existing infrastructure. Princess Anne's infrastructure, including roads, schools, and public services, is designed to accommodate the needs of a low-density residential area. The sudden influx of residents from the proposed complex would place an undue burden on these resources, potentially leading to traffic congestion, overcrowded schools, and a decline in the overall quality of life for existing residents. Zoning Regulations and Neighborhood Character Princess Anne's zoning regulations have been carefully crafted to preserve the neighborhood's unique character and protect the interests of its residents. The proposed 4.5-story apartment complex violates these regulations, undermining the principles upon which the neighborhood was built. Zoning regulations are essential for maintaining the integrity of residential areas, ensuring that developments are compatible with the existing fabric of the neighborhood. By disregarding these regulations, the proposed complex threatens to set a dangerous precedent, opening the door for further incompatible zoning variations. Thanks for taking the time to consider current area residents and our concerns. Very Respectfully, Michael Pearne CDR Michael Pearne HM-12 Maintenance Officer (757) 322-2299 ® (808) 483-0688 NIPR: michael.e.pearne.mil@us.navy.mil SIPR: michael.e.pearne@navy.smil.mil 538 A Street Suite 100 Norfolk, VA 23511-4021 1#‘:---14'. ( : ,'" ) Hoa N. Dao From: Amy L <amy.lem16@gmail.com> Sent: Saturday,July 29, 2023 10:29 AM To: Hoa N. Dao; Kaitlen S. Alcock Subject: Rezoning Variation for Property across Princess Anne Rd from Curry Comb Ct 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 express my concern and disapproval of the proposal to allow/issue a building/zoning variation for the property across Princess Anne Rd from Curry Comb Ct. Allowing the developer to exceed the current 2 story height limitation on this property and build 4-1/2 story structures, or anything other than what is allowed by current code, is undesirable for the residents of Princess Anne Crossing, Courthouse Farms and Christopher Farms neighborhoods and would establish a precedent for future development on other nearby parcels at the expense of our neighborhoods' property values. It will also detract from our neighborhood aesthetics by eliminating the current low density neighborhoods which is the reason most of us have specifically chosen these neighborhoods to live in. Please disapprove any request to deviate from the current allowances on this and other nearby properties where this or similar requests may be submitted in the future Thank You Amy LeMoing Princess Anne Crossing 1 From: M LeMoine<mglemoine26@gmail.com> Sent:Saturday,July 29, 2023 9:11 AM To: Hoa N. Dao<HDao@vbgov.com>; Kaitlen S. Alcock<KAlcock( vbgov.com> Subject:Zoning Variation for Property across Princess Anne Rd from Curry Comb Ct 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 express my concern and disapproval of the proposal to allow/issue a building/zoning variation for the property across Princess Anne Rd from Curry Comb Ct. Allowing the developer to exceed the current 2 story height limitation on this property and build 4-1/2 story structures,or anything other than what is allowed by current code, is undesirable for the residents of Princess Anne Crossing,Courthouse Farms and Christopher Farms neighborhoods and would establish a precedent for future development on other nearby parcels at the expense of our neighborhoods' property values. It will also detract from our neighborhood aesthetics by eliminating the current low density neighborhoods which is the reason most of us have specifically chosen these neighborhoods to live in. Please disapprove any request to deviate from the current allowances on this and other nearby properties where this or similar requests may be submitted in the future Thank You Mike LeMoine Princess Anne Crossing Hoa N. Dao From: Mark Lane <lanea6.f14@gmail.com> Sent: Friday, August 4, 2023 11:06 AM To: Hoa N. Dao Subject: Opposition, Silo at Southern Pines 2023-PCCC-00109 Follow Up Flag: Follow up Flag Status: Flagged CAUTION'This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Dao We are writing to register our opposition to the project "Silo at Southern Pines" at 2737 Princess Anne Road. In particular, we oppose some of the variances requested. This variance is listed as 2023-PCCC-00109 with G PI Ns of 1494547938, 1494543861, 1494534876. This project is intended to be installed on Princess Anne Road, near the courthouse area. We live directly across from this proposed project. Our home of 30 years backs on Princess Anne Road such that this directly affects us and our family. We request that the proposed variance in density and proposed variance in height be disapproved. This area was zoned agriculture. This project generally does not fit in with the original vision for Princess Anne Road expansion in the Comprehensive Plan leading to the city offices from over 20 years ago. We understand the need for progress and building but the area is not ready for such high-density development. We request the height be limited to 3 stories or less in accordance with existing zoning and the density be the same or less as the current nearby Southern Pines Apartments. The proposed variances are incompatible with the surrounding areas. Further the parking study that was submitted requesting a variance in parking wherein it states "that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle," is at best misleading. There is very little bus service in our area except during morning and afternoon rush hour at the city offices. While there are currently bicycle paths along Princess Anne Road, they don't connect to any areas of the city with substantial density of employment opportunities. To say that "the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront," is also quite an exaggeration considering the walking distance from this site to TCC Virginia Beach campus is over 2'/z miles. This area is primarily oriented towards travel by automobile. There is a further question on this proposal considering the layout shows the clubhouse on the corner of the development, but the pictures show the clubhouse in the middle. The PowerPoint presentations are misrepresentative of the actual proposal since it appears to show pictures of green lawns around the outside of the project with farmland beyond. Yet the actual layout shows parking lots on the outside with a small strip of landscaping and no farmlands on any side. It ignores the longstanding housing developments of Princess Anne Crossing, Courthouse Farms, and Christopher Farms directly across the road. Thank you. Mark D. Lane Michele Lane 2320 Country Glen Ct. Virginia Beach, VA 23453 Mark D. Lane LaneA6.F14@gmail.com C:757-779-4720 2 Hoa N. Dao From: Wendy McGinn <mcginnwe@gmail.com> Sent: Tuesday,August 8, 2023 12:31 PM To: Hoa N. Dao Subject: Opposition, Silo at Southern Pines 2023-PCCC-00109 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 Mr. Dao We are writing to register our opposition to the project "Silo at Southern Pines" at 2737 Princess Anne Road. In particular, we oppose some of the variances requested. This variance is listed as 2023-PCCC-00109 with GPINs of 1494547938, 1494543861, 1494534876. This project is intended to be installed on Princess Anne Road, near the courthouse area. We live directly across from this proposed project. Our home of 30 years backs on Princess Anne Road such that this directly affects us and our family. We request that the proposed variance in density and proposed variance in height be disapproved. This area was zoned agriculture. This project generally does not fit in with the original vision for Princess Anne Road expansion in the Comprehensive Plan leading to the city offices from over 20 years ago. We understand the need for progress and building but the area is not ready for such high-density development. We request the height be limited to 3 stories or less in accordance with existing zoning and the density be the same or less as the current nearby Southern Pines Apartments. The proposed variances are incompatible with the surrounding areas. Further the parking study that was submitted requesting a variance in parking wherein it states "that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle," is at best misleading. There is very little bus service in our area except during morning and afternoon rush hour at the city offices. While there are currently bicycle paths along Princess Anne Road, they don't connect to any areas of the city with substantial density of employment opportunities. To say that "the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront," is also quite an exaggeration considering the walking distance from this site to TCC Virginia Beach campus is over 2'/z miles. This area is primarily oriented towards travel by automobile. There is a further question on this proposal considering the layout shows the clubhouse on the corner of the development, but the pictures show the clubhouse in the middle. The PowerPoint presentations are misrepresentative of the actual proposal since it appears to show pictures of green lawns around the outside of the project with farmland beyond. Yet the actual layout shows parking lots on the outside with a small strip of landscaping and no farmlands on any side. It ignores the longstanding housing developments of Princess Anne Crossing, Courthouse Farms, and Christopher Farms directly across the road. Thank you for your time, Neil & Wendy McGinn 2648 Cantwell Rd., Virgnia Beach, VA 23453 i ty C i a) Cl) L 4/.. Sae Speedgearz, LLC \%*1 Property Polygons 212 Dorset Ave ®Zoning Building Feet 0 510 20 30 40 50 60 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SPEEDGEARZ, LLC [Applicant] COVINGTON FAMILY TRUST [PROPERTY OWNER] Conditional Use Permit (Automobile Repair Garage) for the property located at 212 Dorset Ave (GPIN 1477041749). COUNCIL DISTRICT 4 MEETING DATE: September 5, 2023 • Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage in order to service up to 10 motorcycles daily on this 13,389 square feet site along Dorset Avenue. The site is currently developed with a 2,295 square- foot building with garage doors located at the back of the building. The rear yard is enclosed with a privacy fence with the dumpster located behind the building. Motorcycle services will include maintenance services such as oil changes, repairs, bodywork, and customizations. Motorcycle bodywork includes exterior alterations such as replacing turn signals, the seat, and headlights. Bodywork does not include heavy-duty work such as replacing transmissions or engines. Customizations include enhancing the aesthetic of the motorcycles with aftermarket products such as different color panels and various headlight designs. • Considerations: This site will be in conformance with the Comprehensive Plan, as the Central Village District within the Pembroke SGA envisions small businesses being vital in creating a socially and economically focused area. Auto-oriented uses in this vicinity include a collision center and a used car dealer. The minimum parking requirement is exceeded by one space and the proposed repair garage will generate a traffic volume that is consistent with other commercial uses that are permitted by-right in the B-2 Community Business District. No alterations to the interior or exterior of the building are proposed with this application. However, the applicant is proposing to add evergreen shrubs along the parking lot adjacent to the pharmacy. 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. Speedgearz, LLC Page 2 of 2 • Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 10-0. 1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 2. No motor vehicle repair work shall take place outside of the building. 3. No motor vehicles associated with the Conditional Use Permit shall be parked within any portion of the public right-of-way. 4. There shall be no outdoor storage of equipment, parts, tires, or materials. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning ommission recommends Approval. Submitting Department/Agency: Planning Department(,(, City Manager: ABApplicant Speedgearz, LLC Agenda Item Property Owner Covington Family Trust Planning Commission Public Hearing August 9, 2023 City Council District 4 13 Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) Q.. FLORAL ST-- 5 4, RICNARD > Staff Recommendation 4- RD J Approval �,aQH,iewc a a W JEANNE ST j W 84 Et fro; BROAD ST i 0 Q > Staff Planner h�° W Michaela McKinney g H J = Sadie McNaughton : > 3 W N K j Mt _ Location �1�; 212 Dorset Avenue I t G P I N (BOUtMEFIN BLVD g ----- 0 MANDAN RD 1477041749 Y S . Site Size SPA a P 5` tQA Q 13,386 square feet °SC MPS 00' oR AICUZ "De cKbR� Less than 65 dB DNL Watershed Chesapeake Bay '''''"AMMO Existing Land Use and Zoning District �� e . _ ea . r Automobile Repair Garage/ B-2 Community f� — ! '. Business a - .400, w 1 . , • F -Surrounding - Land Uses and ZoningDistricts 4 8 I . F. o e� t_F •, 6 North , �' '•;r: ti LIP -. ®" woo ; •Retail, Automobile Repair Garage, Used Car i -i Dealer, Bank/B-2 Community Business F. :Br 1 =4 Z South , �. is, Automobile Repair Garage/ B-2 Community .'� - ' s: ' , Ni 1 . i►__ F' Business, 1-2 Heavy Industrial �, �_ - _ ►� East ,,• Retail, Car Wash, Car Dealer/ B-2 Community CLBVELAND ST Business _.,a mai!' • `� West � t Dorset Avenue Automobile Repair Garage/ B-2 Community Business Speedgearz, LLC Agenda Item 13 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage on Dorset Avenue. The 13,386 square feet property is zoned B-2 Community Business. • The applicant is proposing to operate the Automobile Repair Garage within an existing 2,295 square foot building. The applicant intends to perform standard motorcycle maintenance services such as oil changes. Other motorcycle services,such as repairs, body work and customizations will also be performed. Motorcycle body work includes exterior alterations such as replacing turn signals,the seat, and headlights. Body work does not include heavy duty work such as replacing transmissions or engines. Customizations include enhancing the aesthetic of the motorcycles with aftermarket products such as different color panels and various headlight designs.The applicant anticipates 5 to 10 motorcycles will be serviced daily. • All work and storage of materials will occur inside the building. • No alterations to the interior or exterior of the building are proposed with this application.The applicant is, however, proposing to add evergreen shrubs along the drive aisle that divides the property from the adjacent Pharmacy. • The applicant is keeping the current signage displayed on the building. • The hours of operation are proposed between the hours of 10:00 a.m. to 6:00 p.m.,Tuesday through Friday, and 10:00 a.m.to 5:00 p.m.on Saturday.Three to six employees are anticipated. • Per Section 203 of the City Zoning Ordinance,one parking space per employee on a maximum working shift is required and three parking spaces per bay door. The Conceptual Site Plan shows nine parking spaces, exceeding the minimum required parking by one space. � b 4 � Zoning History 82 # Request 1 CUP(Motor Vehicle Sales and Service)Approved 07/03/2012 % " 2 A ' 2 CUP(Tattoo Parlor)Approved 08/14/2001 � 2 3 CUP(Automobile Repair and Car Wash)Approved 02/01/2000 n • \ I \ / 4 CUP(Motor Vehicle Sales)Approved 05/26/1992 5 REZ(B-2 to I-1)Approved 11/08/1982 CLEVELAND ST Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Speedgearz, LLC Agenda Item 13 Page 2 Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable.The proposed use is consistent with the Comprehensive Plan's land use policies for the Central Village_District within the Pembroke Strategic Growth Area, as the master plan envisions small businesses being vital in creating a socially-and economically focused area. In Staff's view,the use will provide a convenient and needed service to the community, and it is complementary to other auto-oriented uses nearby. Multiple zoning violations relating to Bulk Storage were issued to the previous tenant operating within this building, as vehicles were stored on the property without a Conditional Use Permit for a Bulk Storage Yard.The applicant has occupied this building since October 2022 and was made aware of the need for a Conditional Use Permit in December 2022 to operate an Automobile Repair Garage has since been taking steps to improve this site by removing the existing cars and debris in the vacant space located in the back of the building while maintaining the existing landscaping.To improve the aesthetics of the site and to provide additional screening to the adjacent property owners,the applicant is agreeable to Staff's recommendation of additional plantings consisting of shrubs along the drive aisle. In Staff's opinion,the traffic generated by the proposed motorcycle repair will result in a total of 48 average daily trips. The existing data shows a generation of 48 average daily trips for the one-acre B-2 zoned lot.The proposed use will generate a traffic volume that is consistent with other commercial uses that are permitted by right in the B-2 Community Business District. In sum,the proposal is consistent with the Comprehensive Plan and is a compatible use with adjacent properties along Dorset Avenue;therefore,Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building.All such vehicles shall only be permitted to be stored within the building. 2. No motor vehicle repair work shall take place outside of the building. 3. No motor vehicles associated with the Conditional Use Permit shall be parked within any portion of the public right- of-way. 4. There shall be no outdoor storage of equipment, parts,tires,or materials. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance.There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees,or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded, and focused away from all adjoining,property. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted,with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Speedgearz, LLC Agenda Item 13 • Page 3 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as located in the Central Village District of the Pembroke Strategic Growth Area (SGA).The vision for this subarea is to weave a plethora of activities and interests into neighborhoods while supporting small businesses. According to the SGA Plan,small businesses will be a vital element to creating a social and economically focused district. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. No historical or cultural resources will be affected by this proposal. Traffic Impacts Street Name Present Volume Present Capacity .Generated Traffic` Dorset Avenue 3,250 ADT1 9,900 ADT 1 LOS 4"D„) Existing Land Use 2—48 ADT Proposed Land Use 3—48 ADT lAverage Daily Trips 2 as defined by an auto repair 3 No information available in the 4 LOS=Level of Service center ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is currently from Dorset Avenue,which connects to Cleveland Street within the limits of the Cleveland Street Phase IV project,which is scheduled to begin construction in 2027. Public Utility Impacts Water &Sewer The site is connected to both city water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. Speedgearz, LLC Agenda Item 13 Page 4 • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 2,2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 24, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on August 3,2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 22, 2023 and August 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 21, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 1,2023. Speedgearz, LLC Agenda Item 13 Page 5 Proposed Site Layout ■ II A" ll :7-11 i 1 r .1 • is tl .., !`-:. Cle 1 or ' >ri i + 3 i1 r 's% 4," . ji +, . Ca mot! t Z,Ill • • -- - • ' T. a . - ,; ir'g. I,� W LU 'Trill 1 lir . 1 Ptw.. `_ , 4 0 r r e-4* 6:i ltIL 4 le e -' ' . Rear Yard II Dumpster NI I I. it Location f I t 44 - ll't 1 a r Cr "AO 1 0 O. • '': a •t 1 ,s I. i •% . Pk* —-a r.Wi Building + „ '/ . (' 7 . a � r VP ' L�, ,, �. Proposed ""' '� r �. Plantings � t», � , -- :, _ Parking Lot ' +�Existing Dorset Ave Plantings • Speedgearz, LLC Agenda Item 13 Page 6 Site Photos 411PW . . , _. ... . -.. • , • .. .. .., . • . look 1 I .37177.gr1ll" _-, ,..- ... . -.:_ KS,,, • '. .: ',.-...)'''' ) ...7"''- -;• '..-' .: :- ''.. :).4itri; : ''.. .....11. : g4.-;,: '_. i ..- ,... ,,,,*• ..,..41,i. -.4-.34fie,j,-%:4,;r41 — :.vi '7'. ;• '":„' 7. 4,.....e., ,•-'1"1",4 ':!....<1.. - , ,, , - ,v,. •-•z's' ... ,V ., ..`,.*^ ' -. 4.• '....„04,,,edik--. • .-`,1, I 1141, .., . . , : '-.-.• --- ':. Iplii 1 • ,, • ..., Vh..'"' '''w'A-, • ..- . . .._ •,. - ..- ...... loawle.III" ---,.. I ' ' - , - •I I 011,11t, Iiiiitittoe.'--- - 11 • 2 ,,, • — 2 . - '1;•;i'v''..: 01.160f,',;' ... __. . . . .. _ 2.22 • , . • ., ':'.'1--, . '..L,:!?.._--,'::---'..,:-:.;-:2?,---.'.4.' ::,-.::::•,".::•-. •,- ..,-,::•-•,-:,., '.-. '- :- ,!-:!st,.--,--e.'"z.z...-,':i,,,,:,..„ :.--,', Speedgearz, LLC Agenda Item 13 Page 7 Disclosure Statement Disclosure Statement ter ovomth n.,•A Planng&Community ''" niDevelopment The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disdosure f /� Applicant Name Spad Does the applicant have a representative? V.Yes ❑No • If yes,Ilst the name of the representative.✓ Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,va. Code§2.2-3101. Revised 11.09.2020 t 1 P a Speedgearz, LLC Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement �_�.. ,_.. Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes XNo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes „hire-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?D Yes KNO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ,No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes Ailo • If yes,identify the purchaser and purchaser's service providers. 21 Speedgearz, LLC Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement city 11.vol43 thud, Planning&Communift Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes JNo • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,Identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ANO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Co ncil,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. c_c) dra r z Applicant ignature Choir pheR_ c> ue) r ne Print Name and Title -51_0 0 Date Is the applicant also the owner of the subject property? ❑Yes by No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications MnNo changes as of Date 08/22/2023 Signature NK Q D.71, , Print Name Michaels D.McKinney 11.09.2020 3 I P a e Speedgearz, LLC Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement City fVi,vum,,Beach Planning&Community Development Owner Disclosure Owner Name Covington Family Trust Applicant Name SpeedGearz, LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? •Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Gloria H.Covington-Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ❑No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 ' Page Speedgearz, LLC Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement (ay d}"pgb�r dw>h Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ❑No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑ No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service. 61I Speedgearz, LLC Agenda Item 13 Page 12 Disclosure Statement Disclosure Statement rsry o/rirgrrma Berth Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature C. -4 /76 [_'/o rid J'T ` Q v Print Name and Title_ ///q/Ji4A Date 7IF Speedgearz, LLC Agenda Item 13 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Speedgearz, LLC Agenda Item 13 Page 14 Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item # 13 Speedgearz, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Next item on consent is item number 13, Speedgearz LLC, Covington Family Trust, is a representative here? Mr. Heidelberg: Good afternoon, Christopher Heidelberg, owner operator of Speedgearz. Mr. Horsley: Are the conditions acceptable? Mr. Heidelberg: Yes sir. Mr. Horsley: Has any opposition to this application? Seeing none. We've asked commissioner Byler if she would read this one. Mr. Heidelberg: Thank you. Ms. Byler: The applicant is requesting a conditional use permit to operate an automobile repair garage on Dorset Avenue. The 13,386 square foot property is zone B-2 community business currently. The applicant is proposing to operate the automobile repair garage within an existing 2,295 square foot building. The applicant intends to perform standard motorcycle maintenance services, such as oil change and other motorcycle services; however, no heavy duty work such as replacing transmissions or engines. This will largely be customizations and aesthetic work on motorcycles. The applicant has agreed to the conditions recommended by staff and there is no known opposition. Therefore, it is appropriate to be on the consent docket. Mr. Horsley: Thank you, sir. So, Mr. Chairman, I'd like to place a motion that we approve item number one, City of Virginia Beach; item number five, London Bridge Development, LLC; item number seven and eight SHJ Construction Group, LLC; item number 11, Burnette Baum Development Corporation; item number 13, Speedgearz, LLC; number 14, 15, 16, 17 and 18 Short term rentals. Mr. Alcaraz: Thank you, Mr. Horsley. All right. Do I have a second on that motion? Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is now open. By a vote of 10 to zero items 1, 5, 7, 8, 11, 13, 14, 15, 16, 17 and 18 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE 26� __r t-- # 2 .,.J - _ __ _ C13/ = r —' 4--' - 1 B. �_ s26 _ .L.___z_ . _ _....-if 0 r/.....-- . __,....-------- !fir *L !i /',�� • ,...3______,„: _....._ . 03 hoer . off :18 r i 4- / ;c �. 11 12 17 i ,// i/ i/ 1--- !2 I s2 E ' 4, di:Or 1 j1 -1 L' I --R1 p.26f4 //RI 12 py,, Sitezi-1 .1 Property Polygons London Bridge Development, LLC NA ‘19 Zoning 130 London Bridge Road Building Feet 0 40 80 160 240 320 400 480 ri.%11:[ eo ^ tiZ,� : ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LONDON BRIDGE DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 130 London Bridge Road (GPIN 2407048646). COUNCIL DISTRICT 6 MEETING DATE: September 5, 2023 • Background: The applicant seeks a Conditional Use Permit for a Bulk Storage Yard to operate a temporary laydown yard to support the construction of the Coastal Virginia Offshore Wind (CVOW) project. The 18.25-acre property is zoned I-1 Light Industrial District. Materials such as manholes, cable reels, PVC conduit, vibratory caissons, transmission poles, and operational vehicles, such as forklifts and crane trucks, will be stored on the property. Access to the site is from an existing single access point along London Bridge Road. As conditioned and agreed by the applicant, flexible posts that are affixed to the pavement will be installed to prohibit left turns onto London Bridge Road. Due to the temporary nature of the request, Staff has conditioned that the approval of the Conditional Use Permit would be for a period of 3 years with the option for two, 1-year extensions. A site plan was recently approved for this site for the construction of an office/warehouse complex, which will begin construction upon expiration of the Conditional Use Permit. While bulk storage yards are typically required to be screened on all sides with fencing and landscaping, the applicant is requesting a deviation from these requirements since this is a temporary use. The applicant has agreed to install a privacy fence along the west property line to screen the site from London Bridge Road. Since the applicant recently worked with the City to clear out a homeless encampment from the property, staff from the Planning Department and Police Department have agreed to delay the installation of the fence until a later date, to be agreed upon by the Police and Planning Departments. • Considerations: The Planning Commission concurred with Staffs recommendation that the proposed use of a temporary laydown yard to support the operations of Dominion Energy and the CVOW project, is acceptable. The Planning Commission also supported the request to deviate from the bulk storage yard screening requirement since materials will be stored in the interior of the site to minimize the visibility of the materials from London Bridge Road and the site is well screened by existing vegetation to the north, east, and south of the site. London Bridge Development, LLC Page 2 of 2 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 August 9, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Layout exhibit entitled, "Conceptual Site Layout — London Bridge Laydown Yard," dated June 22, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain valid for a period of three years from the date of City Council approval. Prior to the 3-year expiration period, the applicant, upon written request to the Director of Planning, may request a one- year extension of the Conditional Use Permit approval. Approval of such extension shall be subject to the review and approval of the Director of Planning. No more than two, one-year extensions shall be granted. 3. Except as depicted on the Conceptual Site Layout, perimeter fencing and Category VI landscaping shall not be required. This is a deviation to Section 228 of the Zoning Ordinance. 4. A 6-foot tall privacy fence, depicted on the Conceptual Site Layout, shall be installed at a time agreeable to both the Virginia Beach Police Department and the Department of Planning and Community Development, at which time the existing chain-link fence along London Bridge Road shall be removed. 5. The applicant shall install flexible posts that are affixed to the pavement or a method approved by the Department of Public Works on Commerce Parkway to prevent motorized vehicles from making left turns onto London Bridge Road. The posts shall be maintained for the duration of this use. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner London Bridge Development, LLC Agenda Item Planning Commission Public Hearing August 9, 2023 City Council District 6 5 City of Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation \-1 V// ` VIMINNN111 I. Approval _i Staff Planner Hoa N. Dao P �' Location 130 London Bridge Road y ' GPIN 2407048646 i 1111 Site Size i 18.25 acres AICUZ ‘1116 ' Greater than 75 dB DNL;APZ-1 • • Watershed $ . so-- Chesapeake Bay Existing Land Use and Zoning District Vacant parcel/ I-1 Light Industrial s ; •.�— r. a Surrounding Land Uses and Zoning Districts ' - . ...•, ,. �' : �',6 • North Al - _' a . . ra ;it Interstate 264 , \ .• • " South !p'i « Abandoned railroad •" � .+ 4• 4-� '` *..•., - ` Cultivated land, undeveloped parcel/1-2 Heavy , =IT `cote Eo`�" '" Industrial, R-10 Residentiaviikl_ ' ,�1 r� East "e-i,..4.47, ', + •t..s t" ;�. Wooded parcels/B-2 Community Business, 1-2 -Heavy Industrial '� 4.•- '-" :', t*West 4 . r• .�.t 4 London Bridge Road ► t Plant nursery/B-2 Community Business ' ` r London Bridge Development, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Use Permit for a Bulk Storage Yard to operate a temporary laydown yard to support the construction of the Coastal Virginia Offshore Wind (CVOW) project.The 18.25-acre property is zoned I-1 Light Industrial District and is located within the Lynnhaven Strategic Growth Area (SGA). • Materials such as manholes,cable reels, PVC conduit,vibratory caissons,transmission poles, and operational vehicles, like forklifts and crane trucks,will be stored on the property. • This site recently received site plan approval for construction of an office/warehouse complex,which will begin construction upon expiration of the laydown yard.The durational need of the proposed laydown yard is estimated to be for three years with option to extend it for two additional years. • Access to the site is from an existing single access point along London Bridge Road. isLaid Zoning History # Request nr— CUP� (Tattoo Parlor)Approved 02/15/2022 !•�• 2 CRZ(B-2 to Conditional I-1)Approved 01/20/2015 UP(Indoor Recreational Facility)Approved 01/25/2005 OU AC is 12CUP(Outdoor Recreational Facility)Approved 06/10/1997 es CUP(Religious Use) Denied 06/28/1994 3 CUP(Motor Vehicle Sales)Approved 10/12/1993 4 CRZ(R-5 to Conditional B-2)Approved 10/10/1980 -70 o- 1e 1 12 12 Altag Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This proposal for a temporary laydown yard to support the operations of Dominion Energy and the CVOW project, in Staff's opinion, is acceptable. It is Staff's opinion that the use will be minimally intrusive to adjacent property owners. The site is bounded by Interstate 264 to the north,an abandoned railroad to the south,wooded parcels owned by the United States Navy to the east, and London Bridge Road to the west. As previously stated,this is a temporary use of the site for a maximum of five years,after which it will be developed as an office/warehouse complex. All materials are proposed to be stored in the interior of the site to minimize the visibility of the materials from London Bridge Road with operational vehicles to be parked in the existing paved parking area. Section 228 of the Zoning Ordinance requires Bulk Storage Yards to be fully enclosed by a privacy fence and Category VI landscaping.As this is a temporary use and the site is well screened by existing vegetation to the north,east, and south,the applicant seeks to deviate from Section 228 requirements. Instead of the required perimeter fencing and Category VI landscaping,the applicant proposes to replace the existing six-foot chain-link fence along London Bridge Road with a six-foot privacy fence as depicted on the Conceptual Site Layout. Staff is agreeable with the requested deviation. In addition,the London Bridge Development, LLC Agenda Item 5 Page 2 applicant recently collaborated with the City to clear out a homeless encampment on the property. Due to concern of potential crimes and reoccurrence of the homeless encampments,the Police Department has requested to delay the installation of the privacy fence until a later date,which is addressed in Condition 4 below. Access to the site will be from the existing entrance on London Bridge Road. Flexible posts that are affixed to the pavement are proposed to be installed to prohibit left turns onto London Bridge Road. Staff is agreeable to utilizing flexible posts for this temporary use.While London Bridge Road is already overcapacity,the proposed use is not expected to generate significant traffic volume. Stormwater review has been completed for the future buildout of this site for an office/warehouse complex and the proposed temporary laydown yard does not meet the threshold for a stormwater impact analysis. Based on the considerations described, Staff recommends approval of this request,subject to the conditions listed below. Recommended Conditions 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Layout exhibit entitled, "Conceptual Site Layout—London Bridge Laydown Yard," dated June 22, 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain valid for a period of three years from the date of City Council approval. Prior to the 3-year expiration period,the applicant, upon written request to the Director of Planning, may request a one-year extension of the Conditional Use Permit approval. Approval of such extension shall be subject to the review and approval of the Director of Planning. No more than two, one-year extensions shall be granted. 3. Except as depicted on the Conceptual Site Layout, perimeter fencing and Category VI landscaping shall not be required.This is a deviation to Section 228 of the Zoning Ordinance. 4. A 6-foot tall privacy fence,depicted on the Conceptual Site Layout, shall be installed at a time agreeable to both the Virginia Beach Police Department and the Department of Planning and Community Development, at which time the existing chain-link fence along London Bridge Road shall be removed. 5. The applicant shall install flexible posts that are affixed to the pavement or a method approved by the Department of Public Works on Commerce Parkway to prevent motorized vehicles from making left turns onto London Bridge Road.The posts shall be maintained for the duration of this use. 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. London Bridge Development, LLC Agenda Item 5 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Lynnhaven Strategic Growth Area (SGA). The Comprehensive Plan designates this as one of the eight urban areas in the City that is envisioned to accommodate future growth and adopt a more urban style in the City.The land use plan for the subject area is designated for industrial use, in the "innovation zone" of the SGA. A temporary storage and laydown yard would be in keeping with the vision of this area. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. No historical or cultural resources will be affected by this project. Traffic Impacts Street.Name, ,Present-Volume. Present Capacity Generated Traffic, Existing Land Use 2a—0 ADT London Bridge Road 38,040 ADT' 32,700 ADT (LOS 4"D") Existing Zoning 2b-1,390 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips 2a as defined by a vacant 18.25- 3 No information available in the 4 LOS=Level of Service acre parcel ITE Trip Generation Manual for event venues zb as defined by an 18.25-acre parcel zoned I-1 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a divided four-lane Major Suburban Arterial roadway and is included on the Master Transportation Plan as a future divided roadway with a bikeway on a 120-foot right-of-way section. Public Utility Impacts Water City water is available to the site.There is an existing 12-inch City water main along London Bridge Road and eight-inch City water main that has been extended to the property. Sewer City sanitary sewer is available to the site.There is an existing 16-inch HRSD force main along London Bridge Road and six-inch City force main that has been extended to the property. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. London Bridge Development, LLC Agenda Item 5 Page 4 • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 2,2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 24, 2023. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 22, 2023 and August 29,,2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 21, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 1,2023. London Bridge Development, LLC Agenda Item 5 Page 5 1 0 0 vi rD 0_ V1 ='F I fD CATSEIO vreRATOBI• - M CAISSONS I�-_ LEGEND ✓ I + - - _ K.. OOrBLE.STACKED AND CRIBBED `O �i✓/7 BBBB�e sa�er'aWBYIi 31'X T FM VIBRATORY CAISSONS r.r f . _ V 0,E1 f.VIBRATORY 107Y 81 rt d -� /' tot ATv ts3 VRAA A'S, , ` AISSOAS MINM DOUBLE-STACKED AND CRIBBED '� +' .�" S5 vc ____ - f ( %r FIB VIBRATORY CAISSONS i s . �� - -- ----11) 1 II_ IDTY 101) — ....:J •�- rC , BBBBBBBB�� 1 BBBBBN DOUBLE-STACKED AND CRIBBED • �. 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B �TEK A IFK eMl6NIIAOf M411 I L�JJ rw 6 (r1 X to t CfOaAtA PP C]cC15 AMN r 1 �------- / u��> p�Y,�?o�MWiwi� • Eli' ;. t I 1 0�� R. o 9TY E 7 aA,..ORE OA ACC,fA- 1 / .it / .‘r,.. 1 ../l - • _ isEN-T1Aci-- ---- -- Q II c 1 t•-1/ II • CONCEPTUAL SITE LAYOUT el I L. f r • CO 1 l' �.Y�.A,� j• LONDON BRIDGE LAYDONN YARD -Z l l .Y-i'j } `Y� i,n � VIRGINIABEACN VIROMA • j ; "_` - - ' Crl rD D rnp ro O IZ 3 D) ID v - n 0) N `r-r 1- rn In n Proposed Site Layout i „d ! ,Y .', '''''' I it%ti"L'LL' .:"' t - 'i .'IC. 4,11 ct _ .i £• ;� 4___. , . ;ter. .� A. K' LLt +� r .. -1_ r. -' il C. t �' '" z 1' y ;,c.7. tar i iy i �, `„I. • ^II §'may, ' 1 ,_71/4_, - die ' ,T i , 3 24 ' i:4' i "\„y .. �� Is `1 �� e0 r r . —,-. .4.t. ,... 4i*c_rrt.,4 r''.4, , , , - qg , �i-i "'' -)01 . Ai '' 1 . ., ,,,,, " ;10... . -- g iliN" trip/ •� 1 / ". .4.-. 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'''APpi ....._ _, • '-- • __----' -----;ii---4_' -,-...,, •..•'..„. ' •.--. ,- ' ,,.. _-- - ..-•- ---,- - ''' '' .,-;.'T : ', **i'L:' 7:'.,";' ,"4.• '-: ,::.-.7..--'..-4"-----. 4-.0 - _.„ ..,-•_.,i. ...,.,...!:,,-.,,,,,,,..„.35,::::.,:.;..........,-• . -.-...-...- - ... . . ., .•-. ...... London Bridge Development, LLC Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement pty of Virginia Baarh 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 London Bridge Development,LLC Does the applicant have a representative? II Yes ❑No • If yes,list the name of the representative. William"Bill"DeSteph Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?in Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Bill DeSteph-Managing Partner • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) No '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.202' 1 London Bridge Development, LLC Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement Ciry J Virginal Balch Planning&Community Development a; Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and Individual providing the service. Cherry Bekaert LLP 4. Does the applicant have services from an architect/landscape architect/land planner providec in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑ No • If yes,identify the firm and individual providing the service. Robyn Niss-Kimley Horn 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I♦ No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 London Bridge Development, LLC Agenda Item 5 Page 11 Disclosure Statement Disclosure Statement -v... CWy of Vatoio Bern Planning&Community - Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?III Yes ❑No a If yes,identify the company and individual providing the service. Bay Legacy Construction 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?11 Yes ❑No • If yes,identify the firm and individual providing the service. Kimley Horn-Robyn Niss 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 01 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature William R DeSteph Print Name and Title ja-3 Date Is the applicant also the owner of the subject property? III Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date signature e 2023.08.23 Print Name Hoa N.Dao 31p London Bridge Development, LLC Agenda Item 5 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. London Bridge Development, LLC Agenda Item 5 Page 13 Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item # 5 London Bridge Development, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you Mr. Chairman. The first item on the consent agenda today is item number one, City of Virginia Beach. And it's the, we need to take a vote on the Planning Commission's annual report. I don't think we need anybody to read anything into the record. We just need to have a vote on that. All right, the second item on the consent agenda is item number five, London Bridge Development, LLC. The representative is here? Unknown Speaker: Commissioners, Mr. Horsley, good to see you sir. Mr. Horsley: Nice seeing you, sir. Are the conditions acceptable? Unknown Speaker: Yes sir, they are. Mr. Horsley: Thank you, sir. Anybody in opposition to this item? If not, we've asked Mr. Plumlee to read it into records. Thank you, Senator. Unknown Speaker: Thank you, commissioners. Thank you Mr. Horsley. Mr. Plumlee: This item is for approval of a laydown yard at 130 London Bridge Road. This is a yard associated with the coastal Virginia Offshore Wind Project. It's on 18.25 acres, which is already zoned light industrial. It's currently a zoned office location. This use is temporary. The initial period of approval is three years with the ability to amend and add an additional two years, one year at a time and there is no opposition and it appears best to be approved through consent. Mr. Horsley: Thank you, sir. So, Mr. Chairman, I'd like to place a motion that we approve item number one, City of Virginia Beach; item number five, London Bridge Development, LLC; item number seven and eight SHJ Construction Group, LLC; item number 11, Burnette Baum Development Corporation; item number 13, Speedgearz, LLC; number 14, 15, 16, 17 and 18 Short term rentals. Mr. Alcaraz: Thank you, Mr. Horsley. All right. Do I have a second on that motion? Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is now open. By a vote of 10 to zero items 1, 5, 7, 8, 11, 13, 14, 15, 16, 17 and 18 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda (including all backup documents) is available at https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/r40ff84e930ab8fd54e92798f6219b2ce 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 5, 2023. 3 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:08/15/2023 PAGE: 1 R H H C HOR A H T W W U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A 00 E ITEM# SUBJECT MOTION VOTE I R YBK- D EN R N N I. CITY COUNCIL'S BRIEFING A. PROCESS IMPROVEMENT STEERING Brad Martin,Chair COMMITTEE UPDATE II. CITY MANAGER'S BRIEFINGS A. RUDEE LOOP RFII UPDATE Kathy Warren,Director —Planning B. VIRGINIA AQUARIUM UPDATE Monica Croskey Chaparro,Assistant City Manager III-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 8,2023 H. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLIX William"Bill"Lascara and Court Steve and Stephanie Sager,Celebration Chairmen J.1. Ordinance to ADOPT the 2023 Redistricting ADOPTED 10-1 Y Y N Y Y Y Y Y Y Y Y Plan and to AUTHORIZE the implementation of a ten single-member district system of local elections J.2. Ordinance to ESTABLISH Capital Project ADOPTED 10-1 Y Y Y Y Y Y Y Y N Y Y #100666"Dann Neck Road-London Bridge Connector Improvements"; APPROPRIATE$22.5-MILLION in Public Facility Revenue Bonds;DEDICATE certain real estate tax revenue;and AUTHORIZE the execution of a Development Agreement for construction of infrastructure J.3. Ordinance to AUTHORIZE the City Manager ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE five(5)Leases for the use of City Park Properties re Little League Operations J.4. Ordinance to APPROPRIATE funds from the ADOPTED 10-1 Y Y N Y Y Y Y Y Y Y Y Tourism Investment Program(TIP)Fund Balance to AWARD a$90,000 grant to Hampton Roads Pride re Pride at the Beach 2024(Requested by Mayor Dyer,Vice Mayor Wilson,Council Members Berlucchi, Holcomb,Remick,Ross-Hammond,Rouse, Schulman,Taylor,and Wooten) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:08/15/2023 PAGE: 2 R H H C L H O R A H T W W U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A 00 E ITEM# SUBJECT MOTION VOTE I R YBK D ENRNN J.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Treasure Canal and City- owned 5'drainage utility easement at the rear of 2241 Leeward Shore Court re construct and maintain a floating dock,timber pier,rip rap and boat lift DISTRICT 8 J.6. Ordinance to APPROPRIATE$750,000 from ADOPTED,AS 7-4 Y YNN Y Y Y Y N Y N the Tourism.lnvestment Program(TIP)Fund AMENDED Balance to the FY2023-24 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Audacy Virginia LLC re new fall music festival • J.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $322,968 from the Virginia Department of CONSENT Social Services to the FY2023-24 Human Services Operating Budget re Medicaid redetermination efforts J.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $190,000 from the Virginia Beach Department CONSENT of Public Health to the FY2023-24 Fire Department and Emergency Medical Services Operating Budget re implement an Aging in Place pilot program J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $59,364 from the Virginia Department of CONSENT Criminal Justice Services to the FY2023-24 Human Services Operating Budget and TRANSFER$102,513 from the General Fund to provide the required local match re Community Corrections and Pretrial Services Programs J.10 Ordinance to TRANSFER$996,254 from CIP ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project 100589"Central Utility Plant CONSENT Enhancements"to CIP Project 100590"Courts Building Direct Digital Control"re estimated labor costs increase J.11 Ordinance to TRANSFER one position and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y associated funding from the Municipal Council CONSENT to the Office of the City Manager re provide staff support for the Independent Citizen Review Board K.1. CITY OF VIRGINIA BEACH for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Street Closure re approximately 20,332 CONDITIONED,BY square feet of New York Avenue CONSENT between South First Colonial Road and Oceana Boulevard DISTRICT 6 K.2. ALEXANDRA PAGE POPE TRUST, APPROVED-/ 11-0' Y Y Y Y Y Y Y Y Y Y Y DATED OCTOBER 30,2017 for a CONDITIONED,BY Change in Nonconformity re modify CONSENT principal dwelling at 4205 and 4207 Atlantic Avenue DISTRICT 6 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:08/15/2023 PAGE: 3 R H H C L H O R A H TWW U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HEEMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK D E_ N R N N K.3. WINNER'S PROPERTIES,LLC fora APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers to a Conditional MODIFIED/AS Rezoning and a Modifications of PROFFERED,BY Conditions to a Conditional Use Permit re CONSENT motor vehicle sales and service at 5200 Virginia Beach Boulevard DISTRICT 4 K.4. FIRST CLASS EVENT RENTALS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/W.E.SAMS PROPERTIES, CONDITIONED,BY LLC fora Conditional Use Permit re CONSENT assembly use at 4020 Bonney Road, Suite 101 DISTRICT4 K.5. MILESTONE TOWER LIMITED APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y PARTNERSHIP-IV/PAUL S. CONDITIONED,BY -BROWN FAMILY,LLC for a CONSENT Conditional Use Permit re communication tower for a portion of a parcel on the East Side of Harpers Road &North of London Bridge Road DISTRICT'S K.6. BEAU IBROWZ,LLC/WILLIS APPROVED/ 11-0 Y ' Y Y Y Y Y Y Y Y Y Y REALTY GROUP fora Conditional CONDITIONED,BY Use Permit re tattoo parlor at 4224 CONSENT Virginia Beach Boulevard,Suite 104 DISTRICT 8 K.7. ASCENSIONS GROUP,LLC/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y GEORGE&JOAN GEORGHIOU for CONDITIONED a Conditional.Use Permit re short term rental at 402 22°i Street DISTRICT 6 K.8. NICHOLAS IULIANO fora Conditional Use DEFERRED TO 11-0 Y Y Y Y Y .Y Y Y Y Y Y Permit re short term rental at 505 20th'''A SEPTEMBER 19,2023, Street DISTRICT 6(Deferred from July 18, BY CONSENT 2023) K.9. JAMIE GEORGE for a Conditional Use DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 507 20t'/z SEPTEMBER 19,2023, - Street DISTRICT 6 (Deferred from July BY CONSENT 18,2023) K. APPOINTMENTS RESCHEDULED BYCO N S ENS US ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E S DATE:08/15/2023 PAGE: 4 R H H C L H 0 R A H T W W U E L EMR U A I O C D N CMM 0 L Y L O C Y L 0 I 0 UML S T AGENDA H E EMCN S A 00 E ITEM# SUBJECT MOTION VOTE I R Y B K D ENR N N ACTIVE TRANSPORTATION ADVISORY Appointed: COMMITTEE Alison Allred 3 Year Term 8/15/2023 7/31/2026 BAYFRONT ADVISORY COMMISSION Appointed: Lexi Bradshaw Molly Jones Representing Student Member Student term thru 8/15/2023-6/30/2024 BEACHES AND WATERWAYS Appointed: ADVISORY COMMISSION Joseph Bourne— Representing District 2 Mark Bohenstein- Representing District 3 Patrick Clark— Representing District 4 Michael C.Agresti— Representing District 5 Steve,Gibson— Representing District 6 Lance Lesher— Representing District 8 Daniel Murphy— Representing District 9 Robert Goodman— Representing At-Large 3 Year Term 8/15/2023-7/31/2026 CHESAPEAKE BAY ALCOHOL SAFETY Reappointed: ACTION PROGRAM Chief Neudigate 3 Year Term 10/1/2023-9/30/2026 CLEAN COMMUNITY COMMISSION Appointed: Brycen Dildy— Representing Student Member Student term thru 6/30/2024 COMMUNITY SERVICES-BOARD Reappointed: Cindy Curtis 3 Year Term 10/1/2023-9/30/2026 DEVELOPMENT AUTHORITY Appointed: Linda Garris-Bright David Weiner 4 Year Term 9/1/2023-8/31/2027 HEALTH SERVICES ADVISORY BOARD Appointed: Iva Robinett Unexpired term thru 3/31/2025 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E _ S DATE:08/15/2023 PAGE: 5 R H H C L HOR A H T -W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O- E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN HOUSING ADVISORY BOARD Reappointed: Jessica Guglielmo Lawrence Kliewer Fay Silverman 4 Year Term 10/1/2023-9/30/2027 INDEPENDENT CITIZEN REVIEW Appointed: BOARD Joe Jackson Unexpired term Kelvin Wright— Representing Retired Law Enforcement Officer 3 Year Term MINORITY BUSINESS COUNCIL Reappointed: Karla Gregory Cavelle Mollineaux Herman Valentine 2 Year Term 10/1/2023--9/30/2025 OCEANA LAND USE CONFORMITY Appointed: COMMITTEE Charles Rigney- Representing Economic Development No Term OPEN SPACE ADVISORY COMMITTEE Appointed: Dianna McDowell 3 Year Term- 8/15/2023—8/31/2026 PARKS AND RECREATION - Appointed: COMMISSION Kathryn Moran Representing District 5 3 Year Term- 9/1/2023—8/31/2026 - - PLANNING COMMISSION Appointed: - Susan Hippen— Representing-District 7 - 4 Year Term 8/15/2023—7/31/2027 VIRGINIA BEACH CANNABIS Appointed: ADVISORY TASK FORCE - Captain Jeffery - Wilkerson— - Representing Law Enforcement Unexpired term thru 12/31/2023 +2 Year Term - 1/1/2024-12/31/2025 - WETLANDS BOARD Reappointed: Jim Vail 5 Year Term 10/1/2023—9/30/2028 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:08/15/2023 PAGE: 6 R H H C L H 0 R A H T W W U E L EMR U A I O CDN C M M 0 L Y L O C Y L 0 I 0 UM L S T AGENDA HE EMCN S A 00 E ITEM# SUBJECT MOTION VOTE I R YBK D ENR N N L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 8:13 PM