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HomeMy WebLinkAbout3-19-19 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.141A3E4c, MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 4 JESSICA P.ABBOTT Kempsville-District 2 F2 BARBARA M HENLEY,Princess Anne-District 7 j LOUIS R.JONES,Bayside-District 4 s' /'4 SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large DAVID NYGAARD,Beach-District 6 AARON R.ROUSE,At Large ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE.(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR March 19,2019 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 1:00 PM A. APPOINTMENT PROCESS —BEACH DISTRICT City Council II. CITY MANAGER'S BRIEFINGS A. CENSUS 2020 COMPLETE COUNT Kevin Krigsvold, Regional Census Director—Census 2020 Jolilda W. Saunders, Administrative Services Manager—Planning B. HOUSING RESOURCE CENTER UPDATE Andrew Friedman, Director—Housing and Neighborhood Preservation Ruth Hill, Housing Resource Center Administrator Pam Shine, Housing Systems Manager C. UNAUDITED FINANCIAL RESULTS/OTHER POSTEMPLOYMENT BENEFITS (OPEB)/ LONG TERM DEBT Alice Kelly, Interim Director—Finance D. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget)— STORMWATER UTILITY FUND Mark Johnson, Director—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Barbara St. Jean Bethel United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 5, 2019 G. MAYOR'S PRESENTATION Virginia Beach Clean Community Commission Founders Day H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—OPEN AIR MARKETS a. 700 Block of 18th Street in ViBe Park to Old Beach Farmers Market b. 700 Block of 18th Street in ViBe Park to Old Beach Farmers Market, t/a Old Beach Art and Eco Market 2. LEASE OF CITY PROPERTY—FARMERS MARKET a. Building 6, Space 1 to Lisa's Tinker Treasures b. Building 8, Spaces 23 & 24 to Moosewood Creek Primitives 3. OPEN AIR CAFE FRANCHISE AGREEMENTS a. Baja Taco, Inc., t/a Baja Cantina Café re Atlantic Avenue Side Street Café at 206 23rd Street b. Chix Sea Grille, LLC, t/a Chix Café re Connector Park Café at 701 Atlantic Avenue c. Fish-N-Bones, Inc., t/a Fish Bones Café re Boardwalk Café at 1211 Atlantic Avenue d. Dandrea, LLC, t/a II Giardino Café re Atlantic Avenue Side Street Café at 910 Atlantic Avenue e. Jumpin Shrimp, Inc., t/a Jumpin Shrimp Café re Connector Park Café at 1211 Atlantic Avenue f. Karpathos, Inc., t/a King of the Sea Café re Atlantic Avenue Side Street Café at 2612 Atlantic Avenue g. 9th Street Grill, Inc., t/a Manhattan re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue h. Scrambled, Inc., t/a Scrambled re Atlantic Avenue Sidewalk Café at 910 Atlantic Avenue i. Dunes Investment Associates, LLC, t/a The Beach Club re Boardwalk Café at 901 Atlantic Avenue j. Gold Key/PHR Food Services, LLC,t/a Tortugas Café and Tiki Bar re Boardwalk Café at 3400 Atlantic Avenue k. Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar re Connector Park Café at 3400 Atlantic Avenue 1. Fogg's Seafood Company, t/a Waterman's re Connector Park Café at 415 Atlantic Avenue I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to GRANT two (2) franchise agreements re Open Markets On Public Property to the Old Beach Farmer's Market and Old Beach Art and Eco Market in the 700 Block of 18th Street in ViBe Park 2. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property at Virginia Beach Farmers Market: a. Building 6, Space 1 to Lisa Preuss, d/b/a Lisa's Tinker Treasures b. Building 8, Spaces 23 & 24 to Angela C. Surgeon, d/b/a Moosewood Creek Primitives 3. Ordinance to GRANT twelve (12) franchise agreements re Open Air Cafés in the Resort Area: a. Baja Taco, Inc., t/a Baja Cantina Café re Atlantic Avenue Side Street Café at 206 23rd Street b. Chix Sea Grille, LLC, t/a Chix Café re Connector Park Café at 701 Atlantic Avenue c. Fish-N-Bones, Inc., t/a Fish Bones Café re Boardwalk Café at 1211 Atlantic Avenue d. Dandrea, LLC, t/a Il Giardino Café re Atlantic Avenue Side Street Café at 910 Atlantic Avenue e. Jumpin Shrimp, Inc., t/a Jumpin Shrimp Café re Connector Park Café at 1211 Atlantic Avenue f. Karpathos, Inc., t/a King of the Sea Café re Atlantic Avenue Side Street Café at 2612 Atlantic Avenue g. 9th Street Grill, Inc., t/a Manhattan re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue h. Scrambled, Inc., t/a Scrambled re Atlantic Avenue Sidewalk Café at 910 Atlantic Avenue i. Dunes Investment Associates, LLC, t/a The Beach Club re Boardwalk Café at 901 Atlantic Avenue j. Gold Key/PHR Food Services, LLC,t/a Tortugas Café and Tiki Bar re Boardwalk Café at 3400 Atlantic Avenue k. Gold Key/PHR Food Services, LLC,t/a Tortugas Café and Tiki Bar re Connector Park Café at 3400 Atlantic Avenue 1. Fogg's Seafood Company, t/a Waterman's re Connector Park Café at 415 Atlantic Avenue 4. Ordinance to DECLARE approximately 6.4 acres of City Property located at the intersection of Princess Anne Road and Community College Place to be in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement with option for the sale of the property to Princess Anne Hotel, LLC re development of a hotel and restaurant (Deferred from March 5, 2019) 5. Ordinance to AMEND the Economic Development Investment Program (EDIP) Policy and Procedure re process for making and paying awards, and enhance reporting requirements 6. Resolution to SUPPORT the City's application for the 2019 Virginia Dam Safety Flood Prevention and Protection Assistance Fund Grant from the Virginia Department of Conservation and Recreation 7. Ordinance to APPROPRIATE $650,000 in local vehicle license revenue to Department of Finance FY2018-19 Operating Budget re collection costs of local vehicle registration fees 8. Ordinance to ACCEPT and APPROPRIATE: a. $1,494,816 from the Virginia Department of Transportation(VDOT) re traffic signal rehabilitation and maintenance of roadways b. $3,000 from GEICO to Police Department FY2018-19 Operating Budget re Every 15 Minutes Program c. $183,569 from Federal Emergency Management Agency (FEMA) to Fire Department FY2018-19 Operating Budget re purchase and maintenance of communications equipment for Virginia Task Force 2 Urban Search and Rescue Team d. $98,620 from Virginia Department of Behavorial Health and Developmental Services (DBHDS) to Human Services FY2018-19 Operating Budget re creation of two (2) new positions to provide enhanced Behavioral Health Services K. PLANNING 1. CLEAR CREEK HOLDINGS, LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6 — BEACH (Deferred from February 19, 2019) RECOMMENDATION: APPROVAL 2. JANET T. RESPASS & TERESA TATEM for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1965 Gum Bridge Road and an adjacent vacant parcel DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. C AND C DEVELOPMENT CO, INC./ETCPAC, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re lot width, lot area, and parking setbacks at 2508 Pacific Avenue & 302 26th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for a Conditional Change of Zoning from Conditional B-2 Community Business to Conditional I-1 Light Industrial, and Conditional I-1 Light Industrial to Conditional B-2 Community Business at the corner of Corporate Landing Parkway and General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. TRADITIONAL CONCEPTS, LLC & VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC. for a Conditional Change of Zoning from R-15 Residential to Conditional R-10 Residential re 13 single-family dwellings and a Modification of Conditions re religious use at 4125 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday,March 26 Workshop Wednesday, March 27 Special Formal Session Tuesday,April 2 Formal Session Tuesday,April 9 Workshop Tuesday,April 16 Formal Session 03/13/19 pm MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 1:00 PM A. APPOINTMENT PROCESS—BEACH DISTRICT City Council II. CITY MANAGER'S BRIEFINGS A. CENSUS 2020 COMPLETE COUNT Kevin Krigsvold, Regional Census Director—Census 2020 Jolilda W. Saunders, Administrative Services Manager—Planning B. HOUSING RESOURCE CENTER UPDATE Andrew Friedman, Director—Housing and Neighborhood Preservation Ruth Hill, Housing Resource Center Administrator Pam Shine, Housing Systems Manager C. UNAUDITED FINANCIAL RESULTS/OTHER POSTEMPLOYMENT BENEFITS (OPEB)/ LONG TERM DEBT Alice Kelly, Interim Director—Finance D. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget)— STORMWATER UTILITY FUND Mark Johnson, Director—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Barbara St. Jean Bethel United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 5, 2019 G. MAYOR'S PRESENTATION Virginia Beach Clean Community Commission Founders Day G4uAl c al\ii, ,,,,Vr''''''''''''''''''''7,-=,.,._7"..I U yo�99�"s ,� e�G r Op OUR Olt O to tiamatto it Whereas: 'Tie Virginia Beach Clean Community Commission (T4BCCC) is a City Council-appointed group formed in 1980 to undertake the task of promoting litter prevention, recycling, 6eautification and general environmental awareness through educational projects designed to reach all segments of our community;and Whereas: 2-faving 6een active with the'VBCCCfrom its inception,Daniel BaKter—Chair,Larry Banks -'Vice Chair,andNancy cDegges—Treasurer,were officially appointed to their positions with the VBCCC,6y council to serve onApril 13,2010;;and 'Whereas: These three founding commissioners were instrumental in the development of the VBCCC and worked with the City to form the folfowing programs: • The Mel-ping Mandy Program which coordinates resources and volunteers with the goal of providing assistance to senior citizens and physically challenged residents who are financially una6le to do so themselves • The Adopt:A-Program 'which encourages individual responsi6ilrty for our environment through scheduled litter pickups • The 'Earth Day Celebration, presented in partnership with 'Virginia Beach Parks sZ Recreation, Waste Management, and the 'VBCCC, a day that is intended to inspire awareness and appreciation for the earth's natural resources • And the Clean the Bay Day Picnic which foffows the annual Clean the Bay Day Cleanup event and allows the't'BCCC to say thanks to volunteers for their commitment to keeping our waterways clean NowTherefore,I Robert 11. Dyer,9Kayor of the City of Virginia Beach,'Virginia,do hereby proclaim: March 19, 2019 Virginia Beach Clean Community Commission Founders Day In'Virginia Beac&, in recognition of Daniel Batter, Larry Banks, and Nancy(Degges; and I call upon all citizens to commend them for their endeavors in service to our City. In'Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, affi Virginia,to 6e xed this Nineteenth day of Warch 2019. `f Robert 91. <Bo66y"Dyer , Mayor "It °E'1n."rata ,_a;,.r PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on March 19,2019 in the City Council Chamber regarding two proposed franchise agreementsCity-owned nfor open air markets on following o wing l property located at 01"..\") the following locations: 1. 700 block of 180'Street in ViBe Park, to Old Beach Farmers Market 2. 700 block of 18,^Street in ViBe Park,to Old Beach Art Market, t/a Old Beach Art and Eco Market The purpose of the Hearing will be to obtain public comment on the proposed use of City property. Copies of the franchise agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive,Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, CVB/Resort Management Office, by calling (757)385-4800. If you are physically disabled or visually impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired,call:TDD only 711(TDD - Telephonic Device for the Deaf). All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:March 10,2019 ,,,,_,.._.. ,",.,,, a 52) 44,.,„ u' S) F „tom.-- f �f ttR ,Pa ♦�y,�Y PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on March 19, 2019 at 6:00 p.m. in the Council Chamber,City Hall-Bldg.1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed leasing of the following City-owned property, all located at the Virginia Beach Farmers Market, and as defined below: Building Number 6,Space 1.310 square feet of space to Lisa's Tinker Treasures Building Number 8, Spaces 23 and 24,approximately 1,125+/- square feet of space to Moosewood Creek Primitives If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303; Hearing Impaired, call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center- (757)385-5659. All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:March 10,2019 r...0.2) LL ,..1 1,11, 6,e4. .. ....:1/4,...it . %..., 1 .zt .f 5." PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on March 19, 2019 in the City Council Chamber regarding twelve proposed café franchise agreements for City- owned property located at the following locations: 1. 3400 Atlantic Avenue to Gold Key/PHR Food Services,LLC,t/a Tortugas Café and Tiki Bar,for a Boardwalk Café. 2. 3400 Atlantic Avenue to Gold Key/PH R Food Services,LLC,Va Tortugas Café and Tiki Bar,for a Connector Park Café. 3. 2612 Atlantic Avenue to Karpathos, Inc., t/a King of the Sea Café,for an Atlantic Avenue Side Street Café. 4. 1211 Atlantic Avenue to Jumpin Shrimp, Inc.,t/a Jumpin Shrimp Café,for a Connector Park Café. 5. 1211 Atlantic Avenue to Fish-N- Bones,Inc.,t/a Fish Bones Café, for a Boardwalk Café. 6. 910 Atlantic Avenue to Dandrea, LLC,t/a II Giardino Café,for an Atlantic Avenue Side Street Cafe. 7. 910 Atlantic Avenue to Scrambled, Inc., t/a Scrambled, for an Atlantic Avenue Sidewalk Café. 8. 901 Atlantic Avenue to Dunes Investment Associates, LLC, Va The Beach Club,for a Boardwalk Café. 9. 812 Atlantic Avenue to 9t^Street Grill, Inc.,t/a Manhattan,for an Atlantic Avenue Sidewalk Café. 10. 701 Atlantic Avenue to Chix Sea Grille, LLC, t/a Chix Café, for a Connector Park Café. 11. 415 Atlantic Avenue to Fogg's Seafood Company, t/a Waterman's,for a Connector Park Café. 12. 206 23'4 Street to Baja Taco,Inc., t/a Baja Cantina Café, for an Atlantic Avenue Side Street Café. The purpose of the hearing will be.to obtain public comment on the proposed franchise agreements on City property. Copies of the franchise agreements are on file in the City Clerk's office.The City Council Chamber is located on the second floor of the City Hall building (Building#1)at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above- referenced franchise should be directed to Mike Eason, CVB/Resort Management Office, by calling (757) 3854800. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303:Hearing impaired. call: TDD only 711(TDD - Telephonic Device for the Deaf). All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:March 10,2019 H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—OPEN AIR MARKETS a. 700 Block of 18th Street in ViBe Park to Old Beach Farmers Market b. 700 Block of 18th Street in ViBe Park to Old Beach Farmers Market,t/a Old Beach Art and Eco Market 2. LEASE OF CITY PROPERTY—FARMERS MARKET a. Building 6, Space 1 to Lisa's Tinker Treasures b. Building 8, Spaces 23 & 24 to Moosewood Creek Primitives 3. OPEN AIR CAFÉ FRANCHISE AGREEMENTS a. Baja Taco, Inc., t/a Baja Cantina Café re Atlantic Avenue Side Street Café at 206 23rd Street b. Chix Sea Grille, LLC, t/a Chix Café re Connector Park Café at 701 Atlantic Avenue c. Fish-N-Bones, Inc., t/a Fish Bones Café re Boardwalk Café at 1211 Atlantic Avenue d. Dandrea, LLC, t/a II Giardino Café re Atlantic Avenue Side Street Café at 910 Atlantic Avenue e. Jumpin Shrimp, Inc., t/a Jumpin Shrimp Café re Connector Park Café at 1211 Atlantic Avenue f. Karpathos, Inc., t/a King of the Sea Café re Atlantic Avenue Side Street Café at 2612 Atlantic Avenue g. 9th Street Grill, Inc., t/a Manhattan re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue h. Scrambled, Inc., t/a Scrambled re Atlantic Avenue Sidewalk Café at 910 Atlantic Avenue i. Dunes Investment Associates, LLC, t/a The Beach Club re Boardwalk Café at 901 Atlantic Avenue j. Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar re Boardwalk Café at 3400 Atlantic Avenue k. Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar re Connector Park Café at 3400 Atlantic Avenue 1. Fogg's Seafood Company, t/a Waterman's re Connector Park Café at 415 Atlantic Avenue I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to GRANT two (2) franchise agreements re Open Markets On Public Property to the Old Beach Farmer's Market and Old Beach Art and Eco Market in the 700 Block of 18th Street in ViBe Park 2. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property at Virginia Beach Farmers Market: a. Building 6, Space 1 to Lisa Preuss, d/b/a Lisa's Tinker Treasures b. Building 8, Spaces 23 & 24 to Angela C. Surgeon, d/b/a Moosewood Creek Primitives 3. Ordinance to GRANT twelve (12) franchise agreements re Open Air Cafés in the Resort Area: a. Baja Taco, Inc., t/a Baja Cantina Café re Atlantic Avenue Side Street Café at 206 23rd Street b. Chix Sea Grille, LLC, t/a Chix Café re Connector Park Café at 701 Atlantic Avenue c. Fish-N-Bones, Inc., t/a Fish Bones Café re Boardwalk Café at 1211 Atlantic Avenue d. Dandrea, LLC,t/a Il Giardino Café re Atlantic Avenue Side Street Café at 910 Atlantic Avenue e. Jumpin Shrimp, Inc., t/a Jumpin Shrimp Café re Connector Park Café at 1211 Atlantic Avenue f. Karpathos, Inc., t/a King of the Sea Café re Atlantic Avenue Side Street Café at 2612 Atlantic Avenue g. 9th Street Grill, Inc., t/a Manhattan re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue h. Scrambled, Inc., t/a Scrambled re Atlantic Avenue Sidewalk Café at 910 Atlantic Avenue i. Dunes Investment Associates, LLC,t/a The Beach Club re Boardwalk Café at 901 Atlantic Avenue j. Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar re Boardwalk Café at 3400 Atlantic Avenue k. Gold Key/PHR Food Services, LLC,t/a Tortugas Café and Tiki Bar re Connector Park Café at 3400 Atlantic Avenue 1. Fogg's Seafood Company, t/a Waterman's re Connector Park Café at 415 Atlantic Avenue 4. Ordinance to DECLARE approximately 6.4 acres of City Property located at the intersection of Princess Anne Road and Community College Place to be in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement with option for the sale of the property to Princess Anne Hotel, LLC re development of a hotel and restaurant (Deferred from March 5, 2019) 5. Ordinance to AMEND the Economic Development Investment Program (EDIP) Policy and Procedure re process for making and paying awards, and enhance reporting requirements 6. Resolution to SUPPORT the City's application for the 2019 Virginia Dam Safety Flood Prevention and Protection Assistance Fund Grant from the Virginia Department of Conservation and Recreation 7. Ordinance to APPROPRIATE $650,000 in local vehicle license revenue to Department of Finance FY2018-19 Operating Budget re collection costs of local vehicle registration fees 8. Ordinance to ACCEPT and APPROPRIATE: a. $1,494,816 from the Virginia Department of Transportation (VDOT) re traffic signal rehabilitation and maintenance of roadways b. $3,000 from GEICO to Police Department FY2018-19 Operating Budget re Every 15 Minutes Program c. $183,569 from Federal Emergency Management Agency (FEMA) to Fire Department FY2018-19 Operating Budget re purchase and maintenance of communications equipment for Virginia Task Force 2 Urban Search and Rescue Team d. $98,620 from Virginia Department of Behavorial Health and Developmental Services (DBHDS) to Human Services FY2018-19 Operating Budget re creation of two (2) new positions to provide enhanced Behavioral Health Services r04w,4CC . YC, u" S1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Two Franchise Agreements for Open Markets on Public Property MEETING DATE: March 19, 2019 • Background: City Council adopted an ordinance on May 3, 2016 granting three franchise agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. and Old Beach Art Market to operate open air markets in the public right-of-way in the 600 block of 19th Street. The franchise agreements had a term of one year, with the option for two additional one-year extensions. Old Beach Farmers Market, Eco Maniac Company, Inc. and Old Beach Art Market operated open air markets in the public right-of-way from 2016 until 2019. • Considerations: Two of the previous franchisees (Old Beach Art Market and Eco Maniac Company, Inc.) merged to form a new entity called Old Beach Art Market t/a Old Beach Art and Eco Market. The new entity, Old Beach Art Market, along with the previous franchisee, Old Beach Farmers Market, wish to continue operating markets on public property (collectively, "Franchisees"). The Franchisees can no longer operate at the previous location in the 600 block of 19th Street due to construction on 19th Street. As an alternative, the Franchisees are requesting that the markets be moved to the 700 block of 18th Street in ViBe Park ("New Location"). The Resort Advisory Commission reviewed and approved moving the markets to the New Location. The Franchisees are requesting to use the New Location for open air markets for a one-year period with the option for two one-year extensions. The term of the proposed franchise agreements is one year, commencing on June 1, 2019 and ending at midnight on May 31 , 2020, on each Saturday during the months of June 2019, July 2019, August 2019, September 2019, October 2019 and May 2020, and on the third Saturday of each month during the months of November 2019, December 2019, January 2020, February 2020, March 2020 and April 2020. The franchise agreements may be renewed for two additional one-year periods upon the mutual written agreement of the City and the Franchisees. • Public Information: A public notice was published in The Beacon on March 10, 2019. • Attachments: Ordinance, Disclosure Forms, Summary of Terms Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau/ Resort Management /7k City Manage • 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN 3 MARKETS ON PUBLIC PROPERTY 4 5 WHEREAS, City Council adopted an ordinance on May 3, 2016 granting three 6 franchise agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. and 7 Old Beach Art Market to operate open air markets in the public right-of-way in the 600 8 block of 19th Street; and 9 10 WHEREAS, the franchise agreements had a term of one year, with the option for 11 two additional one-year extensions; and 12 13 WHERES, Old Beach Farmers Market, Eco Maniac Company, Inc. and Old 14 Beach Art Market operated open air markets in the public right-of-way from 2016 until 15 2019; and 16 17 WHEREAS, two of the previous franchisees (Old Beach Art Market and Eco 18 Maniac Company, Inc.) merged to form a new entity called Old Beach Art Market t/a Old 19 Beach Art and Eco Market; and 20 21 WHEREAS, the new entity, Old Beach Art Market, along with the previous 22 franchisee, Old Beach Farmers Market, wish to continue operating markets on public 23 property (collectively, "Franchisees"); and 24 25 WHEREAS, the Franchisees can no longer operate at the previous location in 26 the 600 block of 19th Street due to construction on 19th Street; and 27 28 WHEREAS, as an alternative, the Franchisees are requesting that the markets 29 be moved to the 700 block of 18th Street in ViBe Park ("New Location"); and 30 31 WHEREAS, the Resort Advisory Commission reviewed and approved moving the 32 markets to the New Location; and 33 34 WHEREAS, the Franchisees are requesting to use the New Location for open air 35 markets for a one-year period with the option for two one-year extensions; and 36 37 WHEREAS, the term of the proposed franchise agreements is one year, 38 commencing on June 1, 2019 and ending at midnight on May 31, 2020, on each 39 Saturday during the months of June 2019, July 2019, August 2019, September 2019, 40 October 2019 and May 2020, and on the third Saturday of each month during the 41 months of November 2019, December 2019, January 2020, February 2020, March 2020 42 and April 2020. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH: 46 47 1. That the City Council hereby authorizes the grant of two franchise agreements 48 for open markets on public property for Old Beach Art Market and Old Beach 49 Farmers Market. 50 51 2. That the City Manager, or designee, is hereby authorized to execute Franchise 52 Agreements for open air markets with Old Beach Art Market and Old Beach 53 Farmers Market in accordance with the attached Summary of Terms and such 54 other terms and conditions deemed necessary and sufficient by the City Manager 55 and in a form approved by the City Attorney. 56 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Convention & Visitors Bureau City Attorney's Office CA14618 R-1 February 21, 2019 Summary of Terms Franchise Agreements for Open Markets on Public Property Franchisees: (1) Old Beach Farmers Market; and(2) Old Beach Art Market. Nature of Franchise: Operate open markets on public property in the 700 block of 18th Street in ViBe Park. Term: June 1,2019 through May 31, 2020, with the option for 2 one-year renewals. Franchisees are authorized to operate on each Saturday during the months of June 2019, July 2019, August 2019, September 2019, October 2019 and May 2020, and on the third Saturday of each month during the months of November 2019,December 2019,January 2020,February 2020,March 2020 and April 2020. Franchise Fee: $100 for the term. Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Relocation option: The City has the right,at its sole discretion,to relocate the markets to the 600 block of 18th Street. The City may only exercise this right at the end of the initial term or the end of the first extension term. If the City elects to relocate the markets, the parties are required to execute an amendment to the franchise to address issues such as exclusion dates,street closures and traffic control plans. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Franchisee shall design the open air market site to allow for emergency vehicle access at all times. b. No City streets shall be closed and all activities shall occur within ViBe Park during the term of the franchise. c. Franchisee shall adhere to the operational parameters and public safety concerns established by City departments, including, but not limited to, Police, Fire, EMS, Public Works and Resort Management. This includes providing adequate DCJS certified private security personnel or certified traffic monitors, as required. d. Franchisee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the premises, or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. e. A minimum of three waste disposal containers and three recycle containers shall be installed by Franchisee on the premises. f. Franchisee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits. Termination: City may terminate agreements with or without cause. Virginia Beach APPLICANT'S NAME Oil gar-k. rmG(5 l 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 (EDI P) A•ard eals of Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board a The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated ttitio(11 t',eel.s pilot to any Page 1 of 7 Plannin Commission and City Council meetino that.,ertains to the a)plicatinn(si, APPLICANT NOTIFIED OF REARING DAlF NO CHANGES AS OF - DATE REVISIONS SUBrlil TED DATE —� —� \B : Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, , business, or other unincorporated organization. 5'01 c(P Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: _\.C\ &CA -ratrir ef cC`Z\44*- 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) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. L_<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:620 19th Street Associates If an LLC, list the member's names: Page 2 of 7 . , Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Partners: Nabil D. Kassir, Deborah M. Kassir, Marshall D. Eng (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Kassir Investment Company, Inc. Menu & Management Consultants Aldo's Inc. Birdneck Associates Brava, LLC Ocean Horizon Properties, LLC Ocean Horizon Properties of FL, LLC 29th Street Associates, LLC 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va, Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) CAccounting and/or preparer of your tax return n ❑' Architect/ Landscape Architect/ Land Planner 2, Contract Purchaser(if other than I I he Applicant)- identify purchaser and purchaser's service providers 2./ Any other pending or proposed purchaser of the subject property (identify purchaser(s) and J� purchaser's service providers) Construction Contractors CEngineers /Surveyors/Agents Financing (include current Cff ll mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services ❑ / Real Estate Brokers / ISI( 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 Reach 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 li Ni/i3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or me• ing of a iy, public body or committee in connection with this Application. f Lau. . vU ,1 b)/- APPLICANT'S SI' ATURE PRINT NAME DATE Page 5 of 7 IN3 OWNER Virginia Beach J YES NO SERVICE PROVIDER (use additional sheets If J needed) l X Accounting and/or preparer of l your tax return nx I Architect/Landscape Architect / Land Planner Contract Purchaser(if other than l l IXI the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property X (identify purchaser(s) and purchaser's service providers) Construction Contractors CX Engineers/Surveyors/Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / C X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 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 Aepli5ation. � r"' Of 1-1 j',1; 6 PERTY OWNER'S SIGNATU PRINT NAME DATE f" f Page 7 of 7 AiB., Virginia Beach APPLICANT'S NAME 61 f et g4 lrt 1;0 AtiPokt 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 1 Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ilPfMI SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures most be updated tv,o(2)weeks prior to any Page 1 of 7 Piannin Commission and Cit.Council nieetino that pertains to the applrcationts). O APPLICANT NOTIFIED OF HEARING DATE. O NO CHANGES AS OF DATE o REVISIONS SUBMITTED DATE I XB Virginia Beach ElCheck here if the APPLICANT !S NOT a corporation, partnership, firm, usiness, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. b , (A) List the Applicant's name: !`d peAch Art Al�tri` -Lfi. of �fLc Fl If an LLC, list all member's names: 1°1�q,;�4 0(Tt i'- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) AAitryii'nn ?? t/ck p1rti_ - (B) 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' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n 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:620 19th Street Associates If an LLC, list the member's names: Page 2 of 7 VB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Partners: Nabil D. Kassir, Deborah M. Kassir, Marshall D. Eng (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Kassir Investment Company, Inc. Menu & Management Consultants Aldo's Inc. Birdneck Associates Brava, LLC Ocean Horizon Properties, LLC Ocean Horizon Properties of FL, LLC 29th Street Associates, LLC 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed)Vfj 1 Accounting and/or preparer of it f 1dt#�j�arc- your tax return C(7/1 f,L. gi Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed LI VI purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors n [ Engineers /Surveyors/ Agents Financing (include current 7-1 n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C Ill - -_ _ Legal Services Real Estate Brokers / n VI Agents/Realtors for current and J anticipated future sales of the sub'ect •roperty c g 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 IX 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 18.13 Irma Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been I 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. n\\ k ...,1,._ __.-- vnArzy AMO —TR YLb& 2Jr i /i"t APPLICANTS SIGNATURE PRINT NAME I DATE ti . - V - 1 1 AA.. / 4!' 1 I i 1 Page 5 of 7 INB OWNER Virginia Beach YES NO SERVICE f PROVIDER (use additional sheets HI needed) UAccounting and/or preparer of your tax return nf1 Architect/Landscape Architect/ Land Planner C Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed DCpurchaser of the subject property L.. (identify purchaser(s) and purchaser's service providers) � Q' Construction Contractors I/� -- Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / CAgents/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 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. � _ , rY.. ,' i PRO•ERTY OWNER'S SIGNATURE J PRINT NAME DATE t Page 7 of 7 427144, 1 1. Y:„•-, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Lisa Preuss, d/b/a Lisa's Tinker Treasures, for City-Owned Property Known as Building 6, Space Number 1 in the Virginia Beach Farmers Market MEETING DATE: March 19, 2019 • Background: Lisa Preuss, d/b/a Lisa's Tinker Treasures ("Lisa's Tinker Treasures"), would like to enter into a new lease with the City of Virginia Beach for Building 6, Space Number 1 in the Virginia Beach Farmers Market (the "Lease"). The premises consists of 310 square feet and will be utilized for the sale of jewelry, decor, gifts and related items and for no other purpose. • Considerations: The initial term of the Lease is three (3) years with two (2) renewal option of one (1) year, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the ordinance. • Public Information: Advertisement of Public Hearing, Advertisement of City Council Agenda. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the spaces. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH LISA PREUSS, D/B/A LISA'S TINKER 4 TREASURES, FOR CITY-OWNED PROPERTY 5 KNOWN AS BUILDING 6, SPACE NUMBER 1, IN THE 6 VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, Lisa Preuss, d/b/a Lisa's Tinker Treasures ("Lisa's Tinker 13 Treasures"), would like to enter into a new lease with the City for Building 6, Space 14 Number 1 in the Farmers Market, consisting of 310 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of jewelry, decor, gifts and 17 related items, and for no other purpose; and 18 19 WHEREAS, Lisa's Tinker Treasures has agreed to pay the City an initial rental 20 rate of $425.00 per month ($5,100.00 per year) subject to a five percent (5%) annual 21 rent escalation for each renewal year for the use of the Premises. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for up to 5 years 27 between Lisa's Tinker Treasures and the City for the Premises, in accordance with the 28 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 29 other terms, conditions or modifications as may be acceptable to the City Manager and 30 in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 6tia alp:I-fort) t4; City Attorney Public Wo s/Facilities Management CA14423 \\vbgov.com\dfsl\appli rations\citylaw\cycom32\wpdocs\d005\p031\00545234.doc R-1 March 8, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR BUILDING 6, SPACE NUMBER 1 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Lisa Preuss, d/b/a Lisa's Tinker Treasures PREMISES: Building 6, Space Number 1 consisting of 310 square feet TERM: Initial Term —April 1, 2019 — March 31, 2022 (3 years) Renewal Term 1— April 1, 2022 — March 31, 2023 (1 year) Renewal Term 2— April 1, 2023 — March 31, 2024 (1 year) RENT: Initial rent of$425.00 each month totaling $5,100.00 for the first year, subject to five percent (5%) annual rent escalation for each renewal year. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of jewelry, decor, gifts and related items and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. Location Map Bids B °. / ,mural Ammo ) // %1 / 1 // //)4 int is1tl17Iaposit,112I11I Ia70Iels 4 � 4 77 1G �r 7.:� s` // 1 ` 1 4 7 • S 4 7 2 1 ` f ` 4 rr/ `y r .. } 1-1t ttr ! �1iJr Nr / 1 i 2 1. 11 17 13 14 13 16 S 17 :�AL it, C" N. CC /f / el f 8 r =i lill L' IN Nz + t-,---N1 U \ �/`"-- �ii % 4 gil -L----__I )i\---, 1.1111 =4 4 4 04 Z � _�. ® Li )'''N 1:1 I �� 10i ,c� \ \ Cr (J` \ f I m1 fi ,_ �` 1 �, . ! �1 ` '/° mt i, '` N. • \ -# lik s„ /f = • ( ®� j k.,_ _1 , .,-C-- \\... ,...." f , 6 1 ��. S.. DAM NECK RD 3640 Dam Neck Road, Bldg. 6 Space 1 Virginia Beach,VA 310 sq.ft. Retail Space 148 Vi o n;a Bench APPLICANT'S NAME 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 Exception for (EDLP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY i AI discio:::ree nu::be Laecec o-o i;;veer,p-;;,rto Ory Page 1 of 7 Pir-i-,q arm s'-”on erd Cent Cc L-c;t reeet:ra that aezr.rt,_the aco.•eat:a Ms) • a PFLICANT NOTIFIED OF HEARING • NO CHANGES AS OF DATE: • REVISIONS SUSA TEO �p 24 NN:13 Virginia Beach viCheck 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: L 1 SCL B. PreU 55 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) (8) List the businesses that have a parent-subsidiaryor affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Property owner is different from Applkant. Check here lithe 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 foilawing. (A) List the Property Owner's name: If an LLC.list the member's names: Page 2 of 7 25 Virginia Bi'iidt 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 re:ationship 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 5 2.2-3101. 'Affl`ated business entity relationship" means 'a re ationship, other than parent•subsid,ary relationship. that exists when ti;one business entity has a controlling ownership -nterest n the other business entity,(ii)a controlling owner in one entity is a:so a contra-ling owner in the other entity,or Bill there is shared management or control between :he business entities. Factors that should be considered in determining the existence of an affiliated business entity re-ationship include that the same person or substantia ly the same person own or manage the two entities;there are common or comm'ngled funds or assets;the business entities share the use of the same offices cr emowoyees or otherwise share activities, resources or personnel on a regular bans; or there •s otherwise a close working relationship between the entities.' See State and Lou' Government Conflict of Interests Act, Va.Code 5 2.2.3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY 26 APPLICANT Virginia Beach I YES I NO SERVICE PROVIDER lose additional sheets it needed) n pc Accounting and/or preparer of f I _,( your tax return J I Architect/Landscape Architect/ Land Planner rii Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I- mp ' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) r7Construction Contractors lI I Engineers/Surveyors/Agents Financing(include current m/ mortgageholders and lenders selected or being considered to provide financing for acquisition or construction of the property) — EiLegal Services Real Estate Brokers/ n 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 - jj 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 4of7 27 .tea Virginia Beach CERTIFICATION: I certify that ail 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 A_ppl -ation_ APP.JCA T'S SIGNATURE PRINT NAME DATE Page 5 of 7 28 NB OWNER Virginia Bead YES I I NO I SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of l ��I your tax return r/ Architect/Landscape Architect/ Land Planner / Contract Purchaser(if other than ✓ the Applicant)-identify purchaser and purchaser's service providers / Any other pending or proposed n1 vi purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 7/ - Construction Contractors Engineers/Surveyors/Agents Financing(include current I VI mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I' 1 Legal Services Real Estate Brokers/ I, il 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 6 of 7 29 ~` . ^ . INAIB � a��' Virginia flilarli 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 iaAppli tion. ' ' �/ +/ C& S /-8~/? "no,sr7ooN,a'S stcwmns, PRINT NAME DATE Page 7 of 7 30 Jasmine D. Bryant � IC} 14-I LIZ(?) From: Christine L. Frazier Sent: Monday, March 11, 2019 10:35 AM To: Jasmine D. Bryant Subject: FW: Disclosure statement There are no changes to Lisa's disclosure. See below © Christine Frazier Account Clerk Ill City of Virginia Beach I PW-Facilities Management Municipal Center— Building 18 2424 Courthouse Drive—Room 228 Virginia Beach, VA 23456-9028 Main (757) 385-5659 I Fax (757) 385-5812 Direct (757) 385-8739 I CFrazier@vbgov.com From: David Preuss [mailto:padreduke@aol.com] Sent: Monday, March 11, 2019 10:27 AM To: Christine L. Frazier Subject: Re: Disclosure statement Hello Christine. There are no changes. Thank you again. Sincerely Lisa Preuss Original Message From: Christine L. Frazier<CFrazier@vbgov.com> To: padreduke@aol.com <padreduke@aol.com> Sent: Mon, Mar 11, 2019 9:31 am Subject: Disclosure statement Good morning! I just needed to verify that there have been no changes to the attached disclosure statement since you submitted it in January. Thanks Christine Frazier Account Clerk Ill City of Virginia Beach I PW-Facilities Management Municipal Center— Building 18 2424 Courthouse Drive — Room 228 Virginia Beach, VA 23456-9028 1 Main (757) 385-5659 I Fax (757) 385-5812 Direct (757) 385-8739 I CFrazier@vbciov.com 2 r � i PFJ !,:,..„--- CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Angela C. Surgeon, d/b/a Moosewood Creek Primitives, for City- Owned Property Known as Building 8, Space Numbers 23 & 24 in the Virginia Beach Farmers Market MEETING DATE: March 19, 2019 • Background: Angela C. Surgeon, d/b/a Moosewood Creek Primitives ("Moosewood Creek Primitives"), would like to enter into a new lease with the City of Virginia Beach for Building 8, Space Numbers 23 & 24 in the Virginia Beach Farmers Market (the "Lease"). The premises consists of approximately 1,125+/- square feet and will be utilized for the sale of primitive decor items including candles, ceramics, textiles, furniture and related items, and DIY classes in crafting the same, and for no other purpose. • Considerations: The initial term of the Lease is three (3) years with one renewal option of one (1) year, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the ordinance. • Public Information: Advertisement of Public Hearing, Advertisement of City Council Agenda. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the spaces. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH ANGELA C. SURGEON, D/B/A 4 MOOSEWOOD CREEK PRIMITIVES, FOR CITY- 5 OWNED PROPERTY KNOWN AS BUILDING 8, 6 SPACE NUMBERS 23 & 24, IN THE VIRGINIA 7 BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 11 Virginia (the "Farmers Market"); 12 13 WHEREAS, Angela C. Surgeon, d/b/a Moosewood Creek Primitives 14 ("Moosewood Creek Primitives"), would like to enter into a new lease with the City for 15 Building 8, Space Numbers 23 & 24 in the Farmers Market, consisting of approximately 16 1 ,125 square feet (the "Premises"); 17 18 WHEREAS, the Premises will be utilized for the sale of primitive decor items 19 including candles, ceramics, textiles, furniture and related items, and DIY classes in 20 crafting the same, and for no other purpose; and 21 22 WHEREAS, Moosewood Creek Primitives has agreed to pay the City an initial 23 rental rate of$950.00 per month ($11,400.00 per year) subject to a five percent (5%) 24 annual rent escalation for each renewal year for the use of the Premises. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Moosewood Creek Primitives and the City for the Premises, in accordance 31 with the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and 32 such other terms, conditions or modifications as may be acceptable to the City Manager 33 and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ktaA, ffk,(74/,0,-,) "(, 54 '- City Attorney Public Works/Facilities Management CA14420 \\vbgov.com\dfsl\applications\citylav✓,cycom321wpdocs\d001\p027\00544534.doc R-1 March 8, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR BUILDING 8, SPACE NUMBERS 23 & 24 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Angela C. Surgeon d/b/a Moosewood Creek Primitives PREMISES: Building 8, Space Numbers 23 & 24 consisting of approximately 1,125 square feet TERM: Initial Term — May 1, 2019 — April 30, 2022 (3 years) Renewal Term 1— May 1, 2022 — April 30, 2023 (1 year) Renewal Term 2— May 1, 2023 — April 30, 2024 (1 year) RENT: Initial rent of $950.00 each month totaling $11,400.00 for the first year, subject to five percent (5%) annual rent escalation for each renewal year. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of primitive decor items including candles, ceramics, textiles, furniture and related items, and DIY classes in crafting the same, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. Location Map BidgA____ '' '''. \1/4// ;;;\ ‘1k '. .44'4<44> Space mamma' zt, l7 J % NI ie I \ J{t�r{ {JIB I F N /... 79 q 1!17 1•+. K 13 11 ! !" 7 C S !� //f /\1 �� � � � � � I�II�IIII ! � �jJ / J / '! ' !^1-M " / 'IIS !l M K 1b+ �� • • 1! 11 12 73 14 11216 :411,07' NM Cl /7- ri / \'''• * /r \ -. =14 li 110: \\Ile ____ mit .1 • z ::,,,-- Ito 40, < .,' ' '....%c....-*" \\74' lit look 4 3 11 2 U J _ _% 1' NIP Li 0 0 ` E;% il l r� 1 :,, f •� // 4#6 , Mk /// / v ' % 4 \ MI i l=mum MEC ok DAM NECK RD 3640 Dam Neck Road,Bldg.8 Spaces 23 and 24 Virginia Beach,VA 1500+/-sq.ft.Retail Space X750+/-Retail Space per space Virginia Beach APPLICANT'S NAME Angela Surgeon- Moosewood Creek Primitives DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board - Conditional Use Permit License Agreement Wetlands Board ea 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, 0 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPUCANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: (MB Virginia Beach 111 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ln) Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:An! ela Surgeon If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 11, SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LCheck 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 0W- Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 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, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES [N01 SERVICE PROVIDER(use additional sheets if needed) xi Accounting and/or preparer of your tax return IXArchitect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than PIthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed f—I (� purchaser of the subject property ' t i�,i (identify purchaser(s) and purchaser's service providers) VIConstruction Contractors JEngineers/Surveyors/Agents Financing (include current ❑ Ix' NI mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I VI Legal Services 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 • CYr J Virginia Beach CERTIFICATION: j 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. Angela Surgeon 3/11/19 APPU 5 SIGNATURE PRINT NAME DATE Page 5 of 7 c . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Twelve Franchise Agreements for Open Air Cafés in the Resort Area MEETING DATE: March 19, 2019 • Background: By resolution adopted November 25, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the franchise. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following twelve entities have successfully operated open air cafés pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five-year terms: (1) Baja Taco, Inc., t/a Baja Cantina Café, for operation of an Atlantic Avenue Side Street Café; (2) Chix Sea Grille, LLC, t/a Chix Café, for operation of a Connector Park Café; (3) Fish-N-Bones, Inc., t/a Fish Bones, for operation of a Boardwalk Café; (4) Dandrea, LLC, t/a II Giardino, for operation of an Atlantic Avenue Side Street Café; (5) Jumpin Shrimp, Inc., t/a Jumpin Shrimp, for operation of a Connector Park Café; (6) Karpathos, Inc.,. t/a King of the Sea, for operation of an Atlantic Avenue Side Street Café; (7) 9th Street Grill, Inc., t/a Manhattan, for operation of an Atlantic Avenue Sidewalk Café; (8) Scrambled, Inc., t/a Scrambled, for operation of an Atlantic Avenue Sidewalk Café; (9) Dunes Investment Associates, LLC, t/a The Beach Club, for operation of a Boardwalk Café; (10) Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar, for operation of a Boardwalk Café; (11) Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar, for operation of a Connector Park Café; and (12) Fogg's Seafood Company, t/a Waterman's, for operation of a Connector Park Café. • Public Information: A public notice was published in The Beacon on March 10, 2019. • Attachments: Ordinance and Disclosure Forms Recommended Action: Adopt Ordinance Submitting Departm- • Agency: Convention & Visitors Bureau/Resort Management �1 • City Manager: 1 AN ORDINANCE GRANTING TWELVE 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 25, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following twelve entities have successfully operated open air 17 cafés pursuant to either one-year or five-year franchise agreements, and are seeking 18 renewal of their franchise agreements for five-year terms: (1) Baja Taco, Inc., t/a Baja 19 Cantina Café, for operation of an Atlantic Avenue Side Street Café; (2) Chix Sea Grille, 20 LLC, t/a Chix Café, for operation of a Connector Park Café; (3) Fish-N-Bones, Inc., t/a 21 Fish Bones, for operation of a Boardwalk Café; (4) Dandrea, LLC, t/a II Giardino, for 22 operation of an Atlantic Avenue Side Street Café; (5) Jumpin Shrimp, Inc., t/a Jumpin 23 Shrimp, for operation of a Connector Park Café; (6) Karpathos, Inc.,. t/a King of the 24 Sea, for operation of an Atlantic Avenue Side Street Café; (7) 9th Street Grill, Inc., t/a 25 Manhattan, for operation of an Atlantic Avenue Sidewalk Café; (8) Scrambled, Inc., t/a 26 Scrambled, for operation of an Atlantic Avenue Sidewalk Café; (9) Dunes Investment 27 Associates, LLC, t/a The Beach Club, for operation of a Boardwalk Café; (10) Gold 28 Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar, for operation of a 29 Boardwalk Café; (11) Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki 30 Bar, for operation of a Connector Park Café; and (12) Fogg's Seafood Company, t/a 31 Waterman's, for operation of a Connector Park Café; and 32 33 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 34 that the above-named entities be granted open air café franchise agreements. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH: 38 39 That the City Council hereby grants five-year franchise agreements to: (1) Baja 40 Taco, Inc., t/a Baja Cantina Café, for operation of an Atlantic Avenue Side Street Café; 41 (2) Chix Sea Grille, LLC, t/a Chix Café, for operation of a Connector Park Café; (3) Fish- 42 N-Bones, Inc., t/a Fish Bones, for operation of a Boardwalk Café; (4) Dandrea, LLC, t/a 43 II Giardino, for operation of an Atlantic Avenue Side Street Café; (5) Jumpin Shrimp, 44 Inc., t/a Jumpin Shrimp, for operation of a Connector Park Café; (6) Karpathos, Inc.,. t/a 45 King of the Sea, for operation of an Atlantic Avenue Side Street Café; (7) 9th Street Grill, 46 Inc., t/a Manhattan, for operation of an Atlantic Avenue Sidewalk Café; (8) Scrambled, 47 Inc., t/a Scrambled, for operation of an Atlantic Avenue Side Walk Café; (9) Dunes 48 Investment Associates, LLC, t/a The Beach Club, for operation of a Boardwalk Café; 49 (10) Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki Bar, for operation of 50 a Boardwalk Café; (11) Gold Key/PHR Food Services, LLC, t/a Tortugas Café and Tiki 51 Bar, for operation of a Connector Park Café; and (12) Fogg's Seafood Company, t/a 52 Waterman's, for operation of a Connector Park Café. 53 Adopted by the City Council of Virginia Beach, Virginia on this day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A4- r te I� Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14595 R-1 January 17, 2019 • ,',"}:,1'i3 i'tt"=4'43 APPLICANT'S NAME Bold ct ( a C v DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • e 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 CITY USE ONI / All ri:,r I^cnf '141st br uprfatu i J+v.eobc Page 1 of 7 (.I1 Lhiiru�l fl .rrliil[Iia( fPsI ilIc UV, g HEARING NO CHANGES AS OF REVISIONS D I E NIB Virginia Beach 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: Boa Taco Inc._�_�_______ 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) William D. Pender, President Shepperd T. Pender, Vice President (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. C Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ' Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Bala Brothers Inc. If an LLC, list the member's names: Page 2 of 7 gi\BI Virginia Beach If a Corporation, list p s the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) William D. Pender, Presidnet Shepperd T. Pender, Vice Presidnet (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business 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 business operating or to he 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 11213 APPLICANT Virginia Reach YES NO f SERVICE PROVIDER(use additional sheets if needed) ❑ El 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) MConstruction Contractors Engineers/Surveyors/Agents Financing (include current C l2< mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / C ® Agents/Realtors for current and anticipated future sales of the Lsuect 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 NB Virginia Beach '! CERTIFICATION: • I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been i scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA mee 'n , or meeting of any public body or committee in connection with this A. .f ton. 1 - APPLICANT'S SI A .•E PRINT NAME i DATE Page 5 of 7 'NB OWNER Virginia Beach YES NO SERVICE [PROVIDER (use additional sheets if needed) n ® Accounting and/or preparer of J your tax return E z 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) ® Construction Contractors EEngineers/Surveyors/Agents Financing (Include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services 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 XCcontingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 elVB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meing, or meeting of any public body or committee in connection with this A i ation. fW)7))9 aOna,-- 31) ' 1 �-. PROPERTY o 's WIATURE PRINT NAME DATE Page 7 of 7 NBCkix 9&Gr'<(L , Ltc_ \! ..... APPLICANT'S NAME i-/a-- al i k Coif, ( c1 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: i 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 Certificate of _ Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board 1 Conditional Use Permit License Agreement Wetlands Board 41 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two 12)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meeting that ertains 10 the a hcationts)- i 0 APPLICANT NOTIFIED OF HEARING DATE: i 0 NO CHANGES AS OF , DATE: n REVISIONS SUBMITTED — 1 DATE: Virginia Beach LiCheck here if the APPLICANT 15 NOT a corporation, partnership, firm, �•`b"usiness, 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: 1l�`r`'Q_ 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) MARAwk.-- -.),4-- -i--N_SC\, \ re--4---• (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotez s and • mow: SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ',Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. ,, (A) List the Property Owner's name:_. ��-- L ' _-.Lc. If an LLC, list the member's j\N.ke- S' ..ic'• names: (AAARA� 5 � V;(94 tc Page 2 of 7 � Lf • c 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-subsid( ary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities? See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ojeratin 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 \kJ APPLICANT Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if I needed) • JJ Accounting and/or preparer of lluu your tax return (l El Architect/ Landscape Architect/ II �� Land Planner Contract Purchaser(if other than the Anolicant)- 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) ZConstruction Contractors JEngineers/Surveyors/Agents Financing (include current E El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) EZ Legal Services Real Estate Brokers / El El Agents/Realtors for current and lanticipated future sales of the subject property L_ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO oes 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 11443 Virginia Beach !CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or me-ting of any public body or committee in connection with this Application. .4/ _Arad 2/2Y APPLICANT' NAT, ME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ 12iJ Accounting and/or preparer of � your tax return ❑ ❑ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than {:":1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ 1Z1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ ❑ Engineers/ Surveyors/Agents Financing (include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ E Legal Services Real Estate Brokers / ❑ Ill Agents/Realtors for current and anticipated future sales of the subject property 1 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 6 of 7 'i Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been • scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this !Application. aN PROPER �YVNER's �aRE AME DATE Page 7 of 7 1.11B Virginia ileac]) APPLICANT'S NAME t15 L o ►lei D,e/p7t-- _ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) g Board of Zoning Encroachment Request Rezoning Appeals 1 Certificate of Floodplain Variance Appropriateness 1 Street Closure _(Historic Review Board) Franchise Agreement 1 Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AU disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit‘ Council meetin that uertains to the a: lication(s). El APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE- -- - --- - REVISIONS SUBMITTED DATE: z Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. V Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__tl.1C _air____�_f_Q t'tO(4 If an LLC, list all member's names: v If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa 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. k (A) List the Property Owner's name: S�t 1� 5 t r�C �ee._-7. i� If an LLC, list the member's ,r► names: A +rA'4 :Ar' I H- / U L JAHFi\L1 NS EL HEAL U H 1 2 of 7 }[i Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) AV 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 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 ,410 APPLICANT Virginia Beach YES NO I SERVICE 1 PROVIDER (use additional sheets if needed) Vi I 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 I l 7 purchaser of the subject property l (identify purchaser(s) and purchaser's service providers) CVIConstruction Contractors I I 7 Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) t/ ` Legal Services Real Estate Brokers / Agents/Realtors for current and ' t anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO i 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 m13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication. fr1i'dael 6e,s7v 'oma �It (' r APPUCAIJT'S SIGNATURE PRINT NAME DATE Page 5 of 7 '` ` te " ` +' rrd � z ' _ 'a " « s • .4' £ -' ^° ` : OWNER �,y PROVIDER (iiseadditibna sheets if YES NO L SERVICE needed EAccounting and/or preparer of your tax return MArchitect/ Landscape Architect / Land Planner ontract Purchaser(if other than C0i the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors ❑ 0 Engineers /Surveyors/Agents Financing (include current El mortgage holders and lenders Ei selected or being considered to provide financing for acquisition r construction of the property) Legal Services ` Real Estate Brokers / 0 1 Agents/Realtors for current and anticipated future sales of the subject property 1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 17 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ;Ant I cation. In A`A`--'11\1 U.,3/4"--49 ff7410 41 S/7 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Mar01 19,08:03p U Giardino Ristorante 757-422-1175 p.2 . Virginia 3each. APPLICANT'S NAME titttihb 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 (EDI P) Board of Zoning Encroachment Request Rezoning A• •eals I Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. �-. —. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY I Ail disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin:i Commission and Ci Cy Council meeting that pertains to the arplication(s). 0 I APPLICANT NOTIFIED OF HEARING_ DATE: El NO CHANGES AS OF DATE REVISIONS SUBMITTED I DATE: Mar 01 19,08:03p II Giardino Ristorante 757-422-1175 p.3 A/3 :;f:: 'r ` ;S .•alY r.,'% • •{•i •_• SSM• • • _ ''' .t�• ''"T.K.GS::':k•Tt:•t._:.t.T:c.q•% ... �.,. }• ma.• Virginia Beach. Check here if the APPLICANT IS NOT a corporation, partnership;"-firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Dandrea LLC If an LLC, list all member's names: Brian Holland, Daniel Clarkson, Louie Ochavie If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE .-.1 Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT corporation, partnership, firm, business, or other unincorporated organization. 5te_., CCheck here if the PROPERTY OWNER_-6 a corporation, partnership, firm, r business, or other unincorporated organization, AND THEN, complete the F'1eNt following. ( F45 (A) List the Property Owner's name: If an LLC, list the member's names: , _ Page 2 of 7 roc) iv iu 1 ':roe uro'Nora mei /5/41:Wt57/tS p,2 nr..� Virginia Bead 43 if a Corporation, list the names ofall officers, directors, members,trustees, etc.below: (Attach list If necessary) j iln recd (ia ns'i'covi-ouGte I ay, 3 stet U)ri?hi-) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ` mmemeek i CERTIFICATION: ' II 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 Appl' ation. IC f r a [ Q6 T Af reLf2 e0i46"--44441 id—MOPERTYOWN= 'SSIGNATuRt PRINT NAME DATE — _ SECTION 2 / PROPERTY OWNER DISCLOSURE `j Complete Section 2 only ff rronerty owner k different r ppfs pot. 0 Check here if the pROPERTY OWNER.f.,5 NOT a corporation,partnership,firm, business,or other unincorporated organization. ta Check here if the PROPERTY OWNER IS a corporation, partnership,firm, \ business,or other unincorporated organization,,4AIb THEN.complete rhe j ' following.(A) List the Property Owner's names /1Pirie)Pet-rif,s/L.4-e------ If an LLC, list the member's names: -• , Mar 01 19,08:03p II Giardino Ristorante 757-422-1175 p.5 i.r :'3-;mss. •••. _ - l.l:. �1 Y4. Vii.. - ••c. APPLICANT = Virginia Beach- YES NO SERVICE PROVIDER (use additional sheets if needed) Wail hinhom E] Accounting and/or preparer of your tax return Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than Elthe 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) CConstruction Contractors LEngineers/Surveyors/Agents Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Wilcox Savage Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property j • 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 Mar01 19,08:04p II Giardino Ristorante 757-422-1175 p.6 :••L-r '•i 7'. yf• '•L' 1 J•r� i • i.s. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ---- ....• av-1i � %� 5- 13)/iiici APPUCANT's SIGNATURE PRINT NAME I DATE Page 5 of 7 '•:M'::::."i.i•"ax•..,.,;::...+,r:ri:*;,' 's..i+:T'N;�..•r:.+i:'1�l?x.x.t�t ... • �,.r N. t:- _ ..!�w� i':z.,;.:+_;ti;:yes%}>:.<'::• 'fi,zCi%,'94:• +'P!o •:r+'�•_'%i#.`'+1..:,;.1.'ti57..f' . . :�ii+-fi.•.t�`.:'',•. '�• +r. y'•''4`av t?t •:.:•,r}l,'':X-.,�. ty«::e:::::_,...e::.rc •.:.•.,:;{:;.z. r:�; .fit }p [; w. 1•,3.rs. �i. .10-i�•�tr', ..td,., ' '•::�r'::�'•_s;?i� :,�r=.ta4^'r,•..:Fr':f.4. ''t.yf•. '� �Yf`'d'.,?F!�<' •''��,. �=b.. � T.....;:ti%�.e:, }' �r Asa• `'.E J+' .$ _ .,•e+p� ri:;t �':+ r,�,r.__.4.•r' f.7C„ m.+ .1 �.Ef /r. '7. ,�,�/���r:..t 1:r•�: Lt:: - A.>,'rx1' .:'1-.r:•rh•r.. :' •,s•'�t. .�. '�•?:•:i:.-., •17`' _ ';t^-•t ...�..�.+.•. y_s: 3."'s,.it+.l•.).:M.. r t. :t. ,ir. _.y<.. :''. :i :1t,.�t-tt::•:u' .�t,' Si i .i KvS i•i A::.r'•:1;;'�?-<_ - '•rt':..ii';.' t.+ 7'rZtH'.• 4r4f.4. . .J. 5-•. ::C•.i+ .ii _•S • .f• ;': OWNER . ... . ,.... . .. . •'t'• ',,fig: �Y:"•�� YES NO SERVICE PROVIDER(use additidiial sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ Q purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ © Construction Contractors Y4 ❑ Imo! Engineers/Surveyors/Agents Financing (include current ❑ Q mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ [A Legal Services Real Estate Brokers / ❑ El Agents/Realtors for current and anticipated future sales of the subject property • e 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 6 of 7 rev la ii i.lou uro store D Z fbf4tib 1 fo p.2 lB tirg'mla Bead if a Corporation,list the names ofall officers, directors, members, trustees, etc.below: (Attach list If necessary) 1 Act reu) o nsi'avt,'Ti.i'1.Srt:.tPs 6 O3 ,4 e s G�n s . �5 Oil`Q (8) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) cERTIFIcATIOhj: ~� 1 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 lt_ provided herein two weeks prior to the planning Commission, Cotmcil, VBNA !'meeting, or meeting of any public body or committee In connection with this Appliiiation. , T: n f eL rPRoPERTY OW) $51GNATURE PRINT NAME DATE — (/ % SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner 41 different from Avnlicant. 0 Check here If the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER tS a corporation, partnership, firm, business,or other unincorporated organization,ANQTHEN,complete the rait- 2-- foilowing. �Q j� (A) List the Property Owner's name�0_: r' ' 1 PsoPe&' 1 2 if an LLC, list the member's names: Virginia Beach APPLICANT'S NAME jUMPIN SHRIMP INC. 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: r 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• •eals 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 1 License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 j Piannin: Comrnission and City Council rneetlnu that nettains to the a. Iicationic). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: Virginia Beach 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: JUMPIN SHRIMP INC. 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) Varshid Vachhani: President: Parul Vachhani: Treasurer Matthew Sereby: VP Anjana Javia: Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:SURFSIDE RESORT, LLC If an LLC, list the member's names:Anjana Javia, Parul Vachhani, Hetal Vachhani, Neela Patel Page 2 of 7 .7\...,4‘. ,., V e • Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business pperating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ X Accounting and/or preparer of your tax return ri lel Architect/ Landscape Architect/ )f\I 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) ❑ L� iConstruction Contractors ❑ FR-1 Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / C 57 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 Virginia 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 A lication. i.. / - - f-tkiv f 2-17JS 7? APPLICANT'S SIGNATURE PRINT NAME DTE I Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) t— X Accounting and/or preparer of your tax return I I Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than Cthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed (u1 purchaser of the subject property �/�� (identify purchaser(s) and purchaser's service providers) t l a Construction Contractors CX Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders I I C selected or being considered to provide financing for acquisition or construction of the property) I-1 VAI Legal Services Real Estate Brokers / Inl Agents/Realtors for current and anticipated future sales of the sub'ect •ro•ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have � an interest in the subject land or any proposed development Imo) contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. V' Ukc-trti-tki`•11 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Feb.25.2019 04:19 PM 7574252880 7574252880 PAGE. 2/ 8 1 118Virgiiiin !wadi APPLICANT'S NAME KING OF THE SEA DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City . Modification of by City Property Conditions or Proffers Alternative Economic Development ' Nonconforming Use Compliance, Special investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision variance ( Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 . 1.� rn .�_ ^.i I'! fi `f.i! 1-,:;Is it .il Hh;:�,`._.,`- ,• �+ Feb.25.2019 04 :20 PM 7574252880 7574252880 PAGE. 3/ 8 'NB Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: KARPATHOS INC 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) DEEPAK PATEL ANDREAS ZAVOLAS (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 ,Sp.,....,:ew.nw.eo..ns rn ..wrro r�-..-................w,...�,.r..w.»r v.im.a+ryx.rrr....rr•...r..........m...r....,,,,-,xri:........�.,.....;.«.....n,w:.....v.w,a..ro...0 nremrw.rn�o.........ay.,uren . SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onjjfproperty owner Is different from Ap'Ilcant. r- Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWE a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: l IWO If an LLC, list the member's names: Page 2 of 7 Feb.25.2019 04:20 PM 7574252880 7574252880 PAGE. 4/ 8 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc, below: (Attach list if necessary) 1)440 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (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 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 sublect of the application or any business operating 4r 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 Feb.25.2019 04 :20 PM 7574252880 7574252880 PAGE. 5/ 8 1,1S/B APPLICANT Virginia Beach YES NO SERVICE I PROVIDER (use addltlonal sheets If needed) LJ ® Accounting and/or preparer of LJ 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 (Identify purchaser(s) and purchaser's service providers) CConstruction Contractors Engineers / Surveyors/ Agents Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ULegal Services Real Estate Brokers / C x) Agents/Realtors for current and f 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 Feb.25 .2019 04 :20 PM 7574252880 7574252880 PAGE. 6/ 8 1,VB Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate. 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. v1/4.A.A..".______________, .7_ ____. DEEPAK PATEL Z,2S. J APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Feb.25.2019 04:20 PM 7574252880 7574252880 PAGE. 7/ 8 OWNER Virginia Beach YES NO SERVICE 1 PROVIDER (use additional sheets If J needed) E Accounting and/or preparer of your tax return Ej ® Architect /Landscape Architect / Land Planner Contract Purchaser (jf other than Cthe Aoolicant) - identify purchaser and purchaser's service providers Any other pending or proposed (�7'1 purchaser of the subject property LTJ (Identify purchaser(s) and purchaser's service providers) CConstruction Contractors Engineers /Surveyors/ Agents Financing (Include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services 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 6 of 7 Feb.25.2019 04:21 PM 7574252880 7574252880 PAGE. 8/ 8 IrM Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application, i I ICI.t/Jo r! ,l,�C f 1-1A (6-P) Y OWNER'S SIGNATURE PRINT NAME DATE c%)itN ,Y/iAl s r M..,._. _ Page 7 of 7 17J/tJ f/LGi ITJ:10HM ( f 4Lbb4 f b liUkLHL L Mta l PAGE D2/08 ' r..,01: vasrvso•i=v 110 ro:.w.a .*S.,113,C. r_160,04,c r vv.. sitr S'.. `r'C' ed `r ,."I I. '.a t y }7.1 ~ "r •, do '"` - ++A �%.. ....-45' q\ "`T+<J1 '' 'Q'�+ �``1- ,...ge -` .., � ti. .-, .... a , �5..„, 4 n .. ♦g.�. n" ....a�`+Hl w �i : • F + +►1 C7p Sri , `i . ,d,40yr•F w.h Y'),.. ,v i ~4 •r,,,. " .A.--1�rr.� :' - Z"Y,0�• .,i.4.-p m.t: «-h t-^• ,LA..p�v,.. �" r —'• . : �y yCk�gJal�h 1+ 6 c'Chl�. a", a." ,,P X'f�:'�",._, , t r.rC �•4t.:9'++- r- '� 4. Ft ^ .^ar1 -.t•7; -..Y�:,y C���yy l� 'aFP -L t •. j:, �:6sS 1,0,4 ri'.", ILL '' -e-'''47,-;., '•"" . x�.Y....��f..'A `' ti' nt�+' -,,t,•—• t •••••-„,,,',-.... !J)-;,. r ';�� ,'S',y�:-..,• _ '4r '.?• ��.- ;�'�.a x�,ar�� ,vo.,w.+t... ••- "•” a. �9; F u �6viz I c' � y, T rd "'""' .. E.r T `'may"... ..,,... • -..'7`` .wA' �,•',,,,,.k ._ -'r.1 4j t G,a4`..'1 .. wivii;4 a. ``.a,w�l- , ;�c ( `rw S,'- '4,4--R4-.4.":- U varve' S f 1•'•a ). i-....2,•-4,.. t.,-,7:-.1. ? .rw ''l'i 'Q.� .., .t. ?fes% 7 APPLICANT'S NAME c/ l nc11-CL 11 ( i it DISCLOSURE STATEMENT FORM The completion and submission of this form is required for ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Comptiance,Special ( Investment Program Changes Exception for !EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of 1 Floodplain Variance I Appropriateness Franchise Agreement Street Closure (Historic Review Board) 9 Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement I 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, � �n w_. _�• •.. - --- _.- SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All sli:Closures must be updated two CZ)weeks prior to any Page 1 of 7 Planning Commission and Cit Council meetina that certains to the ap•!uations�.__ '• APPLICANT NOTIFIED OP Ht ARInIG I DATE: o NO CHANCES AS OF DATE: D REVIS)ONS SUBMITTED I DATE: , 03/07/2019 09:15AM 7574256476 BURLAGE MGT PAGE 03/08 � l tir = . .. ' ' - -..7z,-4,,;14;14.,-,- 'L. •. �.ea ,'-',"!--'• polr r.-. ' y . s-7` a c . 'fMg5 yrp 'N-,ftir,,.r. „..,,,,,A.--.:04---:021-',4' . ' 2 X yx�. v31 �'FitSxy _J ,� 1'nhe31 K� , c ' 1_g• �_ , • , Ex ^_ 4t:? a :;c ' gx., ,; ,fit I `. ,,"" . r h SW- °i, 4;124, ei,. ' a,,7 . /1 �'wr µ ti{ s 0 ..t Check here if the ApKICANT IS NOT a corporation, artne , rrn, business, or other unincorporated organization. Check here if the ,PLICANT IS a[zorporation, ilrtnership, firm, business, or other unincorporated organization.'--- )7 (A) List the Applicant's name:_____ l �1N 'f"1}} � K. �_ p� I ' if an LLC, list all member's names: 2 If a CORPORATION,pig,list the the names of ail officers, directors, members, trustee , etc. below: (,Attach list if necessary) i)ritgOR--r (B) 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 footnotes1 and 2 SECTION-2 / PROPERTY OWNER DISCLOSURE `Complete Section 2 only ifproperty owner is different from Applicant. ElCheck here If the PRQPERTY Q N R 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck 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:_111.[ C- if an LLC, fist the member's names: sPage 2 of 7 03/07/2019 09:15AM 7574256476 BURLAGE MGT PAGE 04/08 —In: uulum.,:culat 1Z:41.%) aialbtl r_1"14ftWaS "a°; r ..14,71,,,,..-.. ,�. ,tri 4sw Y".....„ ` .A.-cl '4.....4:-..,_N';. r#,,,...+0:4 %. _ ..,.,,,,y y.,. .t5. {yY+ a'fi"�' "l�- T ,,._.7,4.-- rt "'C. Z ¢'R s .r ," !„�-u. ....,..V.: a �% TY .0'S 4 .y t -A4. T•.k <4 r v -- ' `!:. tr,' -� r" u.{.. ;✓',:i 1,:: ,e,.r Wit; r � y L'V L '`� ,.,y .� h Cn +t"' ,y f � 1 .. } .. � i �' 'Y !�! l,;.. !i' Y ~ % ` cs„�j+ •f �u,l.� �'4' , ,r.. x'S, � •":,,, 1h . �F 4Y d f� W e� T{.�, �*. 7 ,J� * .�- .�+. «,r'' r.., '.c- wwi•�•" a«..,yn�.r�cs....,., ,,� s r..y Y" Y* -'C—^-.."."4,'" ,,• :r {'u S * . x` r`X .�"V.}.s.�,,,:: L,L.. , : �" - `pito` 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) t "Parent-subsidiary relationship° means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. Z °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 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 g 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or oily business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 I 473f b If 2111'd by:15AM f57425b4/b BURLAGE MGT PAGE 05/08 •...== u�r ^; tre �c4►w /ck 1tr ��:4r R- RIQV P-.11.314P-.11.31400 C'Vu� ro`"e1 TPC4 1 -.!,.,..7.44,,,,,44,:(''.:".,.: .y,c "`Ku" , rr, 6`J ; ykl" 1„v. � tLr.. i, 7` ,,o 't4 - � r,„4,;A - -+ '� L` t.4 : , LeE"�,�'S - '. r j , C ` l.. 3 .,f> Z -Wj.y„ ,%, �'�X bti .;.K , rr y,e "-o ~ ;;V . 9, n e;',,-, ,,,• :.7.,4.-k -.:,. -. .h%7 ,- ;S ) t . ..SA:' 4v `; tI6', > T u{ a ".. �d. . ' Yz :af .4 +u d� ; J,.'��,� ,.1,,,...,4, ;(4,41,-..„.,. -- A.N.--2-44 s� . iy . t4 � y � �- J„� t • ~ `• � /° � J2Y �'" ', ��� >,�.t �..Y .e . wn,.� �„�” ;h �•'� r i.,... Al *+�� vVf � ^4wc. da.� ?, w .� - �,r` . " a C-ai . 4 t-v ';: •i1 -'` ' APPLICANT N ITr r, 3c- v ,. • YES L SERVICEPROVIDER( ;`^ ' sheds it needed)' . ❑ EpAccounting and/or preparer of I 7 your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(lf other than " EII the Aoolicant)-identify purchaser ' and purchaser's service providers Any other pending or proposed ❑ 1 purchaser of the subject property (identify purchasers) and purchaser's service providers) 9i Construction Contractors Engineers/ Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services —/ Real Estate Brokers 1 ❑ Agents/Realtors for current and anticipated future sales of the I subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ;f Does an official or employee of the City of Virginia Beach have 1 1 zian interest in the subject land or any proposed development El on the subject public action? j If yes, what Is the name of the official or employee and what is the nature of the interest? Page 4 of 7 03/07/2019 09:15AM 7574256476 EURLAGE MGT PAGE 06/08 1-r9rn; vat WI,/ru i �.7:a�T rrUQ r-.vvw vuo • a4 V° w re, .,. �y`.`'Sa"i X <: a11- ''. +y "a* ''.14,, i vsr y,r.-s '� 4. '�' I` - h`" i #' .4 ^' �y`6 4rs ..,k, '•w, hy, z<y, ;, �g ,.t+,� 'f,y'"a ", a, 't"^*c. '..s' i'ia--r. -1,-A-4-1,--,-...,..., ° v+ 44.3e` � r�, �.. y h �2 "y'1'9�.� �w. �^. ,�"-0--4- .2�� .S- �� a5- c�' .y 6 ,-;-z-,4' l� ; i ,moi i- -. - u r ,•.','47.-::041:-.' y. F M. fJ n +'i-� � �T}5�' 'faAs f m� w. A r-a.t �.. � y� ; yrr j �cr -t+-� " u'�++��i.."'� ?Y Gly ,emit. „`4'r.1*''. r y r• 7e��22� , .'�e-' y .* O'A,s--'{Iti-3 " 5 <� ' �''i'9 ".,y `.4�3 kik� ,.g ,h. ..t `d�i."A' i,r '�'�5,*-'.. -' M A N ...• 3a "`t1.0 is 'yq,„ ++e',. ,,, 't.« •r ksw wn a. ♦ .sin 'd 's" .3, x •. d ' '•' r a ,F; ` -4 4' 4.4At .,,,0,11 .).,. -7,,:.:::;-,....;,),1-,.. ,. . , .;..F 4.. !.. +`„'�:.:.:.,,�,.�,'t, r`""...........7".„,,,,k......,-. > 'C i `F 'T „�y.,A e, 1 CFATFlr_'ATlON 1. 1,•.•=11,51., 1 I certify that all of the information contained in this Disclosure i 5 aternent For is tompiete,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 •::22ks prior to the Planning Commission, �San�l, •d$^elft meeting, ormeeting of any public body or c©n mittee in connection with this Application. AfPLUC SIT'S I AU PRINT NAME 7 h,11 �# DATE lir ._� 1-.-—,,. .._i► • Page S of 7 03107/2019 09:15AM 7574256476 BURLAGE MGT PAGE 07/08 I ..-e—plemt O' <Oa,/2018 1m".ds? SVoo r,atVt1J.I y 4 yrs r arc ? ° ]tiF��,: �S-'� w.'. .r rt3=. ; . ¢t. � •K'?4.'1"' 1 :r.,._•.',-2*— yh•� - ` i; 7"` ir,e, : ..�, .tia ,w�„s •nr t: err w . 4;,-- 4, Y' - -'y, y, � i n,�'� ,;. b r.-a, "�` '•`fir. ^T'Y �+ S �'�'�i t3 µ�.tp 4����i � elf r ',r-'.. -4,:,,w;1,....- ,..,.r ,c .. .Y 4--- rsi •v '�. Y q���,. d''''. `,'';'' `'t `�-� ti� ' V- t}' °i.;-•,,w... • r ,;-v --#.1...4.,,, ,. 9,,,11: 1' h :k4P �"„�Y+r• 1 Fo vim , :*- -.'5,;-----: A , -.:fro.**- �c {#�.,,,,,,,,,,,,c-,..,...!„.„," . � ' `,--.5,-,. , '/„''^dam A..`y.. ,, , `�`# ' ^a ,� 1-,- Wr,,-,„::,,ie--- ,, ,. 4eR� .' "air � 4•,,.._ rs �.,r nrr" � H,- .,--,,,,,--.1:;:::..„.,,.;:„,„......-..,,,,,,--,*.�,.j[- hR- -,. ,, `.,y ,e, ' y., ,., ,..'ma "L» • "` 1•�N!' 4 s'f c .t- } OWNER E,` -,-..; ,..*-,...:,..0; YES^ NO SERVICE PROVIDER t se: tt€iti,a� '11sheersif I ree3eat C� Accounting and/or preparer of lL�� v��vv��� your tax return uE3/ Architect/landscape Architect/ Land Planner D Er Contract Purchasei'(if other than the Apo)F:ant)-identify rs:chaser and purchaser's service ice provide.s Any other pending or proposed E Di , purchaser of the subject property (identify purchaser(s)and purchasers service providers) j EIConstruction Contractors I D Engineers/Surveyors/Agents t Financing (include current ❑ Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E] 2/1 Legal aI services Real Estate Brokers / ❑ D7Agents/Realtors for current and anticipated future sales of the I ' sub ect_rroperty_ I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have ri —� an interest in the subject land or any proposed development ti!J contingent on the subject public action? if yes,what is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 03/07/2019 09:15AM 7574256476 BURLAGE MGT PAGE 08/08 __.LJ(7 VO/VT/Cif!07 110.7/ R V7V r-..las.ror%moo :- -.• v� ,Ni"4"; <'"r; �H s Y —>. • 5 .. yam' l��.,. Y .Y .n y "per � .4,41,..k.,_,_ ��:1* :..• .ter .. ,o• 4 f», `� 6. . . a Y'`Y t b'f ...,• i fid,.,_ r� w i. ' 1T C ,\� 1. 1.�::4 `•-y ^47L ..,c •.s, t'` (i ,1. .,,`• j ��. z?�_Ts -.,,,,:!<-s.,-/..4.4,-, ; „. F� . . r54..z.rFw.,.R.�^,�'4 i w. s zt t i ,, by 1,...,14_ . a .454,„yV`'� SY �t• x • a t . ,-,„, �' --- & v_•.z ;.,. • • ,. \4� .�, _.,,.. ,t„1,i 1'4•.' 'tr f'' x a 1•.f.'' ..7,i X 1`V" y-' J r' • S- .5.3�1� � �� �. • � r ^t t4i ,�vM ,��.•z r J . S �t'- r'' 4:::4"'T4::k � 7 b j- ':.`3+. .,*,.ii '"a�ff .y(. �',7Q' ♦:>„r�a�.., .��.c,'''''..\":''.. ,YC t`�`Y'� ~ �1`�� r^Sx• t.,���`"ct' '�f .±: ---2...mommome.... ....____—..imer....--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 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, E:i2_ ....--(.-- ":,..-/- �Iern�euc-1a - iS '�� PROPERTY OWNER'S SIGMA zRE' PRINT NAME 1 DATE Page 7of7 i • i'ii'rit31 Rt ft'(1 APPLICANT'S NAME S7L.MW6I, 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 Cit byCity City Modification of _ _ Property Conditions or Proffers Alternative Economic Development f Compliance, Special Investment Program Nonconforming Use Exce•tion for (EDIP) Changes Board of Zoning -- A� seals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of CityPro ert Board p Y Subdivision Variance Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officialswho may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE I.OR CITY USE ONLY Im — i s yip lar two Ni:'r pi„! to4.1 Page 1 of 7 Plat2itino i olottt :tot.1.1('City C unii iiitetint that ne,tatris to Chi at) I.c31.:C.I St, 0 APPLICANT NOTIFIED Of-NEARING -7—DAT c — — ❑ NO CHANGES,AS OF DAT RPVISIONS S(fBIM ITTEJ DAT E ` • Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. gCheck here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_- C2 ),2U1e_Q 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) ,hl kr tri r / z2 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applic_cant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER !S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. Pia :5; (A) List the Property Owner's name:--=----� If an LLC, list the member's — — names: Page 2 of 7 1VB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary), \-kbAt\ Cig Pik i I Om-) (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 power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT virgin a <.ci, YES NO SERVICE PROVIDER (use additional sheets if I needed) n Accounting and/or preparer of t ' your tax return Pa. TM Architect/Landscape Architect/ �}' Land Planner Contract Purchaser (if other than Xthe 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) LL _ Construction Contractors Engineers/Surveyors/Agents Financing (include current zr mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services 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 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 • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. / APPLICANT'S SIGNATURE PR NT NAME r DATE Page 5 of 7 OWNER Virginia Beach YES NO r SERVICE PROVIDER(use additional sheets if needed) E(` Accounting and/or preparer of I -s,. your tax return E 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) ❑ Construction Contractors ❑ Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n 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 111I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Feb 19 1911:15e UPS Store 5522 7574658178 p.2 • IMEt Virginia Beach if a Corporation,list the names ofall officers,directors, members,trustees, etc, below: (Attach list if necessary) II Ad reto Cio n s' qvt,-+tvt.c eS &Liseol e sikvk e-t ' S • 41 etc LI)rt Vke (B) List the busine,,Aes that have a parent-subsidiary' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) f 1 cERTIFLCATIOP4 /i certify that all of the Informatirin contained In this Disclosure Statement Form is icomplete,true, and accurate. I understand that, upon receipt of notification that rhe appiicatior� has seen ` scheduled for public hearing, I am responsible for Updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 1_777meeting, or meeting of any public body or committee in connection with this 4---T-4:---- ,_____ di'4 illiAl -tAide6 1-4reti? eeirtS' Wit ){ PROPERTY own s SIGNATURE _ PRINT NAME DATE 7 if f SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 12niziLizrektaxgr rs difFe�nt tom A ti r., 0 Check here If the Easman.OWNER IS NQTa corporation busIness,or other unincorporated organization. 'partnership, rirrn, eCheck here if theRO PL?ER i 1�'pWN a rs a corporation, partnership, firm, business,or other unincorporated �""''C following. organization,A— complete the (A) List the Property Owner's name:__!i nil { P6oPeitri.6 / /it an LLC, list the member's 7t- names: ropo Virginia Beach APPLICANT'S NAME Dunes Investment Associates, LLC t/a The Beach G L' Co.rttt a thf 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 Chan Exce.tion for (EDIP) Changes Board is Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: did t. Virginia Beach 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:Dunes Investment Associates, Ll.0 If an LLC, list all member's names: Class A Members:Thomas J. Lyons, Jr. Timothy J. Stuffier, Marcus B. Lewis, Fred Russell, Richard P. Anoia, John B. Fay, III. Class B Member: Octo, Inc. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Coastal Hospitality Associates, LLC (Management Company) See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. C Check here if the PROPERTY OWNER ISNOT a corporation, partnership, firm, business, or other unincorporated organization. ��, Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:____A-teLE-&S` __=--- if an LLC, list the member's names: Page 2 of 7 tar ipr .�',., I Virginia Beach If a Corporation, list the names ofail officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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, (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 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 any busmess operatinq 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 I APPLICANT NB Beach SERVICE YES NO I �- J [ PiÔVIDER :addlt1ona(sheet5 If need - — ix '] Accounting and/or preparer of BDO(Kevin Riggins) 150 Bouch SL, your tax return Suite 1100 Norfolk,VA 23510 C © Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than CPD Boca Raton,FL Furnishings for ixi 0 the Applicant)- identify purchaser the property.Various. and purchaser's service providers Any other pending or proposed 0 Z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n ® construction Contractors X0 Engineers/Surveyors/Agents MSA Financing (include currentx, o 109s Main Bank S-Norfolk Floor ,� n mortgage holders and lenders selected or being considered to Attn:John Balocco,Pres. provide financing for acquisition Norfolk,VA 23510 or construction of the property) Xn Legal Services Kaufman&Canoles,Robert Farmer, Real Estate Brokers / C E Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have 1 n 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 •M� cYyl1 Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 0444,_ Christopher W. Brown, V.P. 02/25!201 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 1 1 tAeN OWNER Virginia Beach PROVIDER(useneeded)itional sheets If YES NO f SERVICE add C (;i Accounting and/or preparer of Ildd your tax return • E 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 n V 1 (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (Include current Uf mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) Lj n Legal Services Real Estate Brokers / • E 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 D an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 \ -,-,,_ ttv.,, ._ .\\). 3 Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA , meeting, or meeting of any public body or committee in connection with this Application. 0 W. 4.,--- / ul/ hK+8f0fi,7" Christopher W. Brown, V.P. 02!25/201• PROPERTY OWNER'S SIGNATURE PRINT NAME DATE I ! II Page 7of7 I s £' E-"rot t= Act ro 2, a �t. _ . '1 -41 1 tug( Virginia Reach APPLICANT'S NAME Gold Key/PNR Food Services LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program • Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) g Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e r 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 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 L Planning Commission and City Council meeting that pertains to the application(s). Q APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: (94/1/44- :I i x ikil1 Virginia Beach LI Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I 't 1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Gold Key/PHR Food Services LLC If an LLC, list all member's names: Trade Name: Tortugas Cafe & Tiki Bar Professional Hospitality Resources, Inc. 1008 Membership Interest 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) Professional Hospitality Resources, Inc. Heritage Investments, LLC See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ID 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) ListHeritage Investments, LLC the Property Owner's name: If an LLC, list the member's Edmund C. Ruffin names: Bruce L. Thompson Page 2 of 7 PA/‘ik 0 0 XBRVirginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Professional Hospitality Resources, Inc. r "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than SO 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, (il) 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 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. SECTION 3. SERVICES DISCLOSURE Are anyof the followingservices being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 �+rt APPLICANT _Y _ ;nia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of your tax return El Architect/Landscape Architect/ Land Planner ❑ {2the Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) • Construction Contractors • 0 Engineers/Surveyors/Agents Financing (include current Cl x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Real Estate Brokers / QAgents/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 ❑ a 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 PAAP\. O G WI Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I 1I 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, VRDA !meeting, or meeting of any public body or committee in connection with this I 1 Application. — ' ,__" .---7±1.._L--114,,.Vd Robert M.Howard,Chief Investment Officer 1-24-19 APPUC`ANTi SIGNATURE PRINT NAME DATE Gold Key/FUR Food Services LLC Page 5 of 7 4/` V ' ., OWNER YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return ❑ ❑ Architect/Landscape Architect/ Land Planner ❑ Elthe Purchaser(if other than I the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ x purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors ❑ El Engineers/Surveyors/Agents Financing(Include current ❑ 0 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 2171 Legal Services Real Estate Brokers / ❑ 0 Agents/Realtors for current and anticipated future sales of the subject properly 4 ) SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ a an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 s i Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete, true, and accurate. I understand that, upon receipt of notification that the application has been I 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. _ 1 G/d Robert M.Howard,Chtef Investment Officer 1-24-19 ER'S SIGNATURE l V PRINT NAME DATE Heritage Investments,LLC ii Ii 17 API Page 7 of 7 Virginia Beach APPLICANT'S NAME r"am S (cpc) DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, i SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that i_ertains to the ai.Hication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. heck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Q cv.3 Q= cQ CO Q-A_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. D Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 21C-heck 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:_XLiCt If an LLC, list the member's names: Page 2 of 7 NE Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) ,.) C \V\A"-vv11-1-Ne— & S 6&-C— (B) List the businesses that have a parent-subsidiary t or affiliated business entity Z 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 (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. i 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 be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia inch YES NO i SERVICE ( PROVIDER(useadditionai sheets If needed) --- ❑ ❑ Accounting and/or preparer of your tax return ❑ ❑ Architect/ Landscape Architect/ Land Planner ❑ ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ El Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 12 Legal Services Real Estate Brokers / —� Agents/Realtors for current and anticipated future sales of the subject property _ 4 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 ❑ ��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 \/13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information ' provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. •lication_ ck.')-cdt. 211 91 16.1 1(1)1":•�'r1"74 •TUBE PRINT NAME DATE Page 5 of 7 113 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of l�-� your tax return ❑ ❑ Architect/ Landscape Architect/ Land Planner ElContract 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) Fln Construction Contractors ❑ 171 Engineers/ Surveyors/ Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ (� Agents/Realtors for current and t' 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 ❑ pi an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach ,rte" -- .'a 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. Adik _ _ PROPERTY-6WPRINT RE �-` _L i � j �(1 NAME DATE Page 7 of 7 Ii, 1 t - Nit , iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 6.4 Acres of City Property Located at the Intersection of Princess Anne Road and Community College Place to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into a Purchase Agreement with Option for the Sale of the Property to Princess Anne Hotel, LLC for the Development of a Hotel and Restaurant MEETING DATE: March 19, 2019 (Deferred March 5, 2019) • Background: The City of Virginia Beach (the "City") owns two parcels of property located at the intersection of Princess Anne Road and Community College Place, adjacent to Tidewater Community College, consisting of approximately 6.4 acres (GPINs: 1485-34-9414 and 1485-44-2154) (collectively, the "Property"). On April 30, 2017, the City issued a Request for Proposals for the sale of a portion of the Property and development of a hotel and related site improvements compatible with the surrounding community. After consideration of the 2 responsive proposals, the City determined that Princess Anne Hotel, LLC, a Virginia limited liability company ("PA Hotel") presented the best opportunity to develop the Property. PA Hotel proposes to purchase a 3.9+/- acre portion of the Property for the construction of a limited service hotel, with a minimum of 110 rooms, and a free- standing restaurant (the "Project"). PA Hotel has also requested the option to purchase the remaining 2.5+/- acres of the Property for the construction of a second hotel, which would include conference space. City staff and PA Hotel have negotiated the terms and conditions by which PA Hotel would purchase a portion of the Property and obtain the option to purchase the remainder of the Property from the City. The term sheet is attached to the Ordinance as Exhibit A. • Considerations: PA Hotel would be responsible for all costs associated with designing, constructing and equipping the Project, including extension of sewer and stormwater improvements to the Property (the "Utility Extension"). The City would reimburse PA Hotel for the actual costs for the Utility Extension up to $475,000, subject to appropriation of sufficient funds by City Council. The Project would be designed in a manner consistent with the Princess Anne Commons Architectural Guidelines. The Project would provide much needed hotel accommodations in this area of the City. • Public Information: A public hearing, as required by Section 15.2-1800 Code of Virginia, was held on February 19, 2019, and advertisement of the City Council Agenda. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to sell the Property and grant the option to purchase, subject to the terms and conditions set forth in the term sheet, and such other terms, conditions or modifications as may be satisfactory to the City Council. • Attachments: Ordinance, Term Sheet, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Development ...., City Manager: � .__ ?-121lci It � 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 6.4 2 ACRES OF CITY PROPERTY LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 COMMUNITY COLLEGE PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AGREEMENT 7 WITH OPTION FOR THE SALE OF THE PROPERTY TO 8 PRINCESS ANNE HOTEL, LLC FOR THE DEVELOPMENT 9 OF A HOTEL AND RESTAURANT. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of property 12 located at the intersection of Princess Anne Road and Community College Place, 13 adjacent to Tidewater Community College, consisting of approximately 6.4 acres 14 (GPINs: 1485-34-9414 and 1485-44-2154) (collectively, the "Property"); 15 16 WHEREAS, the City issued a Request for Proposals ("RFP") on April 30, 2017 17 for the sale of a portion of the Property and development of a hotel and related site 18 improvements; 19 20 WHEREAS, the City received two responsive proposals, and after review and 21 evaluation, it was determined that the proposal of Princess Anne Hotel, LLC, a Virginia 22 limited liability company ("PA Hotel"), presented the best opportunity to develop the 23 Property as desired by the City; 24 25 WHEREAS, PA Hotel's proposal includes the purchase of a portion of the 26 Property for the construction of a limited service hotel, with a minimum of 110 rooms, 27 and a free-standing restaurant (the "Project"); 28 29 WHEREAS, PA Hotel has also requested the option to purchase the remainder of 30 the Property for the construction of a second hotel, which would include conference 31 space; 32 33 WHEREAS, PA Hotel and City staff have negotiated the terms by which PA Hotel 34 would purchase and develop the Property, the terms of which are set forth in the term 35 sheet attached hereto as Exhibit A (the "Term Sheet"); and 36 37 WHEREAS, the City Council is of the opinion that the Property is in excess of the 38 City's needs and the sale of the Property to PA Hotel would provide much needed 39 accommodations in this area of the City. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 1 . That the Property is hereby declared to be in excess of the needs of the City of 45 Virginia Beach. 46 2. That the City Manager is hereby authorized to execute any documents 47 necessary to sell the Property to PA Hotel (including granting an option to purchase), so 48 long as such documents are in substantial conformity with the Term Sheet, attached 49 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 50 modifications deemed necessary and sufficient by the City Manager and in a form 51 deemed satisfactory by the City Attorney. 52 53 This Ordinance shall be effective from the date of its adoption. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Eco : is Development City Attorney's Office CA14430 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D030\P011\00013007.DOC R-1 February 22, 2019 EXHIBIT A 12-21-18 TERM-SHEET PRINCESS ANNE COMMONS HOTEL Representatives of the City of Virginia Beach (the "City") and Princess Anne Hotel, LLC ("PA Hotel")have discussed the development of a limited service hotel to be constructed adjacent to the Virginia Beach campus of Tidewater Community College in the Princess Anne Commons area of Virginia Beach(the"Project"). This Term-Sheet is intended to reflect the shared understanding of all parties and their respective commitments going forward. The Term-Sheet is not intended to be a legally binding agreement, and all proposals outlined are subject to approval and future appropriation by City Council and approval by PA Hotel. 1. PROJECT DESCRIPTION a. The Project will be developed on approximately 3.90 acres of property currently owned by the City and shown as the "Hotel Property"on Exhibit A attached hereto. b. The Hotel Property is adjacent to an approximately 2.51 acre parcel of City- owned land "Option Property" (also shown on Exhibit A). c. The Project will consist of a limited service hotel with at least 110 keys(the "Hotel"), a free-standing restaurant(the"Restaurant") and all infrastructure (including stormwater and parking)necessary for the operation of the Hotel and the Restaurant. d. The Hotel will initially be a Home2 Suites by Hilton or similar flag acceptable to the City. The Restaurant will initially be a national restaurant chain or other restaurant reasonably acceptable to the City. 2. SALE TERMS a. PA Hotel will purchase the Hotel Property from the City prior to the commencement of construction on the Hotel. The terms of the purchase will be evidenced by a"Purchase Agreement". b. City will sell the Hotel Property to PA Hotel for five hundred and seventy-eight thousand dollars per acre ($578,000/acre). c. PA Hotel will be responsible for all costs associated with designing, constructing, accessing and equipping the Project. d. PA Hotel shall be responsible for the extension of sewer force mains, public water line(s) and stormwater outfall pipe(s) to the Hotel Property (the "Utility 1 U-21-18 Extension"). The City shall reimburse PA Hotel's actual costs for the Utility Extension up to$475,000. The parties will enter into a cost participation agreement in an approved form to be attached to the Purchase Agreement to document the Utility Extension and payment therefore. e. The City shall not be responsible for any other costs or expenses related to the development of the Hotel Property or the Option Property. f. The Project will be designed in a manner consistent with the Princess Anne Commons Architectural Guidelines, attached hereto as Exhibit B. g. The Hotel Property will be restricted to prevent any use other than for the operation of a hotel and/or restaurant and ancillary uses thereto for a period of twenty (20) years. h. All design and construction plans must be reviewed and approved by the City. 3. OPTION PROPERTY a. The City shall grant PA Hotel a first right of refusal to acquire the Option Property (the "Option") for the purpose of constructing a second hotel which will be evidenced either in the Purchase Agreement or in a separate "Option Agreement". b. As a condition to the grant of the Option, PA Hotel shall construct an access across the Hotel Property to the Option Parcel and will establish and dedicate such cross- access easements or other instruments as necessary to insure the Option Parcel has access to College Place Drive. Such access shall be built to standards acceptable to the City and will have, at a minimum, two lanes for vehicular traffic, sidewalks (as needed) and LED lighting. c. The Option shall allow PA Hotel to match any offer to purchase the Option Property made to City within three (3) years of the opening of the Hotel so long as: i. The price offered the City by PA Hotel is at least the price per acre specified in the offer for the Option Property, and ii. PA Hotel commits to the commencement of construction of the second hotel with conference space, of a size and flag reasonably equivalent or superior to that specified in the offer for the Option Property, with such construction to commence within twelve months of the exercise of the Option. For the avoidance of doubt,the City expects that the hotel constructed on the Option Property will be larger both in terms of keys and meeting space than the hotel to be constructed on the Hotel Parcel. iii. If exercised, the City will retain the right to review and approve the plans for the construction of improvements on the Option Property to insure such improvements are acceptable to the City. 2 12-21-18 iv. Notwithstanding the foregoing, the City expressly reserves the right to decline to sell the Option Property to any party (including PA Hotel) for less than $578,000 per acre. 4. COMPLETION MILESTONES a. The Purchase Agreement will have a Due Diligence Period starting from the earlier of (i) execution of the Purchase Agreement, or (ii) the rezoning of the Hotel Property and continuing for sixty(60)days. PA Hotel will also have an"Approvals Period" of four (4) months thereafter to finalize plans, obtain pricing and construction permitting and approvals, with up to two (2) extensions of thirty (30) days each if applications for permits and approvals are pending and are being diligently pursued. Closing will occur within thirty(30) days after such Approvals Period (as it may be extended). The Purchase Agreement will require commencement of construction on the Hotel, as evidenced by the issuance of a building permit, within 90 days after Closing (the "Construction Commencement Date"). The Purchase Agreement will also have an outside closing date agreeable to both parties (which will be thirty (30) days after the Approvals Period as extended unless the parties otherwise agree). b. The Purchase Agreement will also require PA Hotel to complete the Project (as evidenced by a final certificate of occupancy for the Hotel) within eighteen (18) months from the commencement of construction(the"Outside Completion Date"). c. If PA Hotel does not commence construction by the Outside Commencement Date, the City will have the right to re-acquire the Hotel Property for the amount paid by PA Hotel to the City in the Purchase Agreement. d. If PA Hotel does not complete construction by the Outside Completion Date, PA Hotel shall pay to the City any amounts previously credited against the $578,000 per acre purchase price as contemplated by Section 2 d., above. e. All the above deadlines shall be subject to extension for force majeure and for any time as may be necessary for any construction lender for the Project to obtain possession of the Property by foreclosure or otherwise and recommence construction of the Project. 3 12-21-18 5. MISCELLANEOUS a. The parties hereto agree to meet and confer as necessary in furtherance of the objectives expressed in this Term-Sheet. b. The parties recognize and agree that if the proposal outlined in this Term Sheet moves forward, more detailed development agreement and supporting documents will be negotiated and prepared that will contain additional terms, conditions and obligations to the terms stated herein. c. The obligations of the City will all be made subject to appropriation of sufficient funds by the City Council of the City of Virginia Beach. d. In development of all elements of the Project (including the Hotel), PA Hotel will comply with the City's Small Business Supplier Diversity program ("SBSD"). The requirements of the SBSD program are set forth on Exhibit C, attached hereto. e. The City will not approve any additional curb cuts along Princess Anne Road in connection with the Project or any development on the Option Property. Access to the Hotel Property and the Option Property shall be from Community College Place (with the Option Property's access first being across the Hotel Property). 4 12-21-18 EXHIBIT A (Property Location Map) vm.PM 5 iiqle .E Aga H a R. AVIV,114.11g qlii; Y aq Mom l§ s gra �'�• "" H $$if I s5.115vgg2 l' 81 R = ' R ai ll x �T+ s c, �i 0 f1 sy$36.57'2-14 / i; .^ IF."!-' g '.�N 36.57'23.E •.\ l qq x O of 1 ;� G �„,�•� f • DC7 na 1 ; `�. _ ' 3,�Jy iii i yi to n�ti u M - :i;114:ISI f s s '' a 4 it X41 , SBopi• 'i . Qp E �P �FAi S. � p '• -..-.42, lg co,., if r. ' A ,•. k pi }py §-1. ' � wi m g mss. vige6 /ti ':i7-±,. g .moi- , �+ gg T i o �$m `\ ,11 f i 2 i x ,PiX , ,111 �3aa —4 i g4 11 � I o �� 4 m• ME _ O j c a ,p mmg 5 g6I ' fo •r, Z '- z 111 / w .. Y t 8 l%$40 i s,,,� Flo 5 t n /r' J ,V / O N L U i U m i in • ...--:g- 'Cr X1 O l QV 1:1)L- 'n `i 2 1 i 7,- co / \ co ti O N— O I ` Z Q pH (7(7:4* ;� y"l`e • » u 'J 1 • ___ \ , . N. • •_• * • 4 �.. s `ti. ti i • a gik ------ i' _. • ;\ _ N�4 . • • ae • \ s N • • a• / �y \,..........01.1 12-21-18 EXHIBIT B (Princess Anne Commons Architectural Guidelines) 6 EXHIBIT B > --77 7-3- D NL,, O _ A . _ . O 4 ? .t a . .., 71 rn � ,. m Ate. ...------- 0 y Y si y v v M .:v, i a. TO CREATE A UNIQUE AND IDENTIFIABLE PLACE WITH AI I RACTIVE, EXCITING, EFFICIENT AND SAFE COMPONENTS TO ENHANCE THE CONSISTENCY OF THE BUILT ENVIRONMENTTHROUGHOUT PRINCESS ANNE COMMONS. 1 Z J W • Q CD Z E Q al V) O Z O F •TE O olki Z c Z ! • H cc cc .r , X w U >•. r ,1 '.• Sit ' Qct f.om . -0 pa-Z, E i 17:41.\\CeN. 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Z \ 0 � k ® 0- S ® < -0 \ % u .- \ � � COCO c - 2 u f q 4, $ C § \ q E .- vs m O / / U 4 ° L. t C $ o •; ' a) E 2 \ w # I — C _ a. : o .= _ » (1) d, ƒ f C \ ƒ 0 Q [ TO ƒ � k w Q a 0,0 - ƒ % 2 \ - 'E a CL ut ( \ m 8 § \ % _C d 2 0 m c t o < # / / / k E } , tt § m V) 60 Z 2 0 C R § f o £ ra Cg - (TS § 7 - at 5 0 _ o E Cg b m . � gt. _ / 2 - q 5 k _c/ m / § 4.1 ez / / } sai / 2 Z g § w - - q / % w 2 = E ct k / 2 1-1 u 2 Q E / f + / j ile 04 6 § 2 # Q W k V Z V \ o. 3 cd 3 7 7 m ° .. 7 — E w � a o - � _c 2 u c C Z > E U X J N ¥ kj ooƒ z : L u 2 U Q $ m 2 Lu / ° m k § ILI 0 . w f v f f ƒ Z 0 f \ ƒ \ X § 2 LI. C § ,� r / o f 2 e § — ƒ / m re > - f > > > .- § 0 © .0 0 0 0 § c E o § . ƒ k o . ƒ X E 8 .§ \ 2 X c 3 D X 00_ 5: 000 12-21-18 EXHIBIT C Small Business Supplier Diversity Program ("SBSD") The Code of the City of Virginia Beach provides requirements for SBSD-certified small business enhancement. See, City Code § 2-224.1 et seq. The Parties agree that these requirements will apply to this Agreement. The Developer is required to submit a SBSD-certified Subcontracting Participation Plan (the "Plan"), attached hereto, detailing, at a minimum: • Whether the contractor intends to utilize any subcontractors; • What, if any, SBSD-certified business subcontractors the contractor intends to utilize; • The work to be performed by each SBSD-certified business; • The estimated dollar amount to be paid to each SBSD-certified business, performing work as a subcontractor; The developer is required to meet with the City Department of Finance, Purchasing Division to review the Developer's Subcontracting Participation Plan prior to the Developer soliciting or bidding out any subcontracting work.. The Developer is required to include additional small, woman and minority owned (SWAM) contractors identified by the Finance Department in Developer's outreach and solicitations. The Plan must either (i) provide for at least 50% of the value of the subcontracted work to be provided by a SBSD-certified business; or (ii) provide detailed documentation showing, with specificity, the efforts undertaken by the prospective contractor to meet the 50% usage requirement. Any determination of whether such efforts meet the requirements of the City Code shall be made by the City Department of Finance, Purchasing Division. In addition, the Virginia Beach City Council has established an aspirational goal of 10% for minority participation. The Plan shall become a part of the underlying agreement. The Developer may update the Plan, in the event that unforeseen circumstances arise with relation to any SBSD-certified business identified for participation. Such circumstances include,but are not limited to:unforeseen closure, or other circumstance which renders the SBSD-certified business inoperable; failure of the SBSD- certified business to perform the contracted scope of work as specified in the executed subcontract agreement; consistent non or poor performance of the specified scope of work as negotiated. The Developer will be required to provide the Authority monthly updates as to payments made to the subcontractors listed on the Plan,via the Monthly SBSD-certified Subcontractor Payment Data Sheet, attached hereto. Prior to final payment, each contractor shall submit a report documenting its efforts undertaken in compliance with the Plan. A contractor may delay monthly payment and will not receive final payment under a contract until he submits documentation of actual SBSD- certified business usage. The report shall include, at a minimum: a. A statement detailing all SBSD-certified subcontractors utilized; b. A list of all SBSD-certified subcontractors utilized; c. A brief description of the work performed by each SBSD-certified subcontractors; 7 12-21-18 d. The amount paid to each SBSD-certified subcontractor; and e. Supply monthly updates as to payments made to its SBSD-certified subcontractors via the CVAB—E form (attached for reference); failure to do so could impact your receipt of payment. Prior to engaging any subcontractors, Developer shall require its prime contractor to conduct an information session to highlight subcontracting opportunities. The Authority shall promote this information session by informing the City's Minority Business Council and utilizing the City's existing notification system of Small, Woman-owned, Minority-owned, and Service Disabled Veteran-owned businesses. 8 Disclosure Statement AS'4 Virginia APPLICANT'S NAME Princess Anne Hu*u.0 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 Coundi. Such applications and matters indude,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Aiterna ve Economic Development Nonconforming Use Compliance,Special Investment Program Ex tion for (EDIP) Changes B. • of Zoning Encroachment Request Rezoning eats Cert nate Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement C esapeake 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. 4 SECTION 1 /APPLICANT DISCLOSURE FOR CITY USE ONLY/Alt disclosures must be updated two(2)weeks prior to any Page 1 of? Pianrn Cummisston and City Council meeting that t,mann to the a plication(s) APPLICANT NOTIFIED OF HEARING DATE ND CHANCES AS OF DATE REVISIONS SUBMITTED DATE / 54 C7� a- "a 01 Princess Anne Hotel, LLC Agenda Item 15 Page 13 Disclosure Statement /d. .._ 'B Virginia Beach ❑ Check here if the APPLICANT a NOT a corporation, partnership, firm, business, or other unincorporated organization. 1�� Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Princess Anne Hotel,LLC 62 0//f— • If an LLC.list all member's names: per sieve tYavis, Page S.Johnson, II Mark F arced /l'7Y be-corne- a member o ' comflany 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) Harmony Hospitality, Inc. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. �j4 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 17 Check here if the PROPER OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 14 Disclosure Statement NIB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that haw a parent-subsidiary 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 (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any,business operatinc 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 1 Princess Anne Hotel, LLC Agenda Item 15 Page 15 Disclosure Statement NB. APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if — _ needed) ❑ Fq Accounting and/or preparer of ,A' your tax return `a ❑ Architect/Landscape Architect/ Sal Lemole Land Planner ❑ Contract Purchaser(if other than 4 the Apallcant-identify purchaser and purchaser's service providers Any other pending or proposed ❑ `-i puidentifrchasery of thepurchasers)subjectand property ( purchaser's service providers) ❑ 1�1 Construction Contractors r ❑ Engineers/Surveyors/Agents - MBA,PC Financing(include current ❑ mortgage dlenders ��� selected orholbeing en consideredand to provide financing for acquisition or construction of the property) -4,-� ❑ Legal Services Singer Davis Real Estate Brokers/ D r4 Agents/Realtors for current and anticipated future sales of the subject property 4 C 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 A. LJ❑ 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? The current land owner of the subject parcels is the City of Virginia Beach. Page 4 of 7 t Princess Anne Hotel, LLC Agenda Item 15 Page 16 Disclosure Statement Virginia each CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form is I 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 i meeti , or meeting of any public body or committee in connection with this i App "on. i Page S.Johnson,11 S\t\t om APPLICANTS SIGNATURE PRINT NAME DA { I PageSof7 1 Princess Anne Hotel, LLC Agenda Item 15 Page 17 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ `�, I Accounting and/or preparer of your tax return { 0 �4 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ '12 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) 2 Construction Contractors 4 ❑ Engineers/Surveyors/Agents K mley-Nom&MidAtlantic Surveying Financing(include current D mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ r-4 Agents/Realtors for current and anticipated future sales of the su ject proper____ • • 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 El an on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 6 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 18 Disclosure Statement 1SJB Virginia Beach CERTIFICAT ION: 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, pf meeting of any public body or committee in connection with this Applicati.n. David L. Hansen g`ciS•tE PROPERTY• S SIGNATURE PRINT NAME DATE Page 7 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 19 r'U.B4; ft�p. � ., '�,) �(u Sj l ;iyn t6, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Economic Development Investment Program ("EDIP") Policy and Procedure MEETING DATE: March 19,2019 ■ Background: The City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, and supplemented by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia, 1950, as amended (the "Act"). One of the primary purposes of the Act is "to promote industry and develop trade by inducing manufacturing, industrial, governmental, nonprofit and commercial enterprises and institutions of higher education to locate in or remain in the Commonwealth...." (§15.2-1401) The City of Virginia Beach (the "City") established the Economic Development Investment Program ("EDIP") in FY 1993-94, and has provided appropriations to the Authority to facilitate the purpose of the Act and the goals and objectives of the Authority and the City. On January 25, 1994, the City and the Authority approved the Economic Development Investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of EDIP funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established. On March 21, 2006 and March 28, 2006, the Authority and City Council approved amendments to the EDIP Policy to further the City's goals to convert certain property in APZ-1 and Clear Zones to uses that conform to the APZ-1 Ordinance (the "APZ-1 Amendments"). On September 21, 2010 and September 28, 2010, the Authority and City Council approved additional amendments to the EDIP Policy to allow for reimbursement of additional expenses, greater incentives for additional job creation or retention and a clarification of the APZ-1 Amendments that would further the goals of the Authority. Considerations: In 2018, the Authority requested that staff review the EDIP Policy to determine if any changes or refinements were necessary to allow a better administration of the EDIP by the Authority. Based on staff recommendations, the Authority finds that further amendment to the EDIP Policy to clarify the process for making and paying awards and to enhance certain reporting requirements would further the goals of the Authority. On January 15, 2019, the Authority approved such changes to the EDIP Policy, subject to City Council concurrence. • Public Information: Advertisement of City Council agenda. • Alternatives: Approve the proposed amendments, deny the proposed amendments, or recommend additional changes to the EDIP Policy. ■ Recommendations: Approval. • Attachments: Blacklined Version of Revised EDIP Policy (showing all changes) Ordinance (with Exhibit A attached) Recommended Action: Approval Submitting Dep-rt 7 ' ,ency: Economic Development j/-4 4,I 1)10 City Manager: 1 ORDINANCE TO AMEND THE ECONOMIC 2 DEVELOPMENT INVESTMENT PROGRAM 3 ("EDIP") POLICY AND PROCEDURE 4 5 WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach 6 (the "City Council") and the City of Virginia Beach Development Authority (the 7 "Authority") approved the Economic Development Investment Program Policy and 8 Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development 9 Investment Program ("EDIP") funds is made in the public interest and is in furtherance 10 of the purposes for which the EDIP was established; 11 12 WHEREAS; on March 21, 2006 and March 28, 2006, the Authority and City 13 Council approved amendments to the EDIP Policy to further the City's goals to convert 14 certain property in APZ-1 and Clear Zones area to uses that conform to the APZ-1 15 Ordinance (the "APZ-1 Amendments"); 16 17 WHEREAS, on September 21, 2010 and September 28, 2010, the Authority and 18 City Council approved further amendments to the EDIP Policy to allow for 19 reimbursement of additional expenses, to allow incentives for additional job creation and 20 to clarify the APZ-1 Amendments; and 21 22 WHEREAS, on January 15, 2019, subject to City Council concurrence, the 23 Authority approved additional amendments to the EDIP Policy including clarification of 24 the process for making and paying awards, addition of certain reporting requirements, 25 and other modifications. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the amendments to the EDIP Policy are hereby approved in the form 31 attached hereto as Exhibit A; and 32 33 2. That the Mayor is hereby authorized to execute the amended EDIP Policy 34 on behalf of the City. 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 37 day of , 2019 APPROVED AS TO CONTENT: APPROVED AS TO A L SUFFICIENCY: Eco * is Development City Attorney CA 14398 \\vbgov com\DFS1\Applications\CityLawProd\cycom321W pdocs0016 PO08100071334 DOC January 25, 2019 R-1 • EXHIBIT A 2019 Revision (3-5-19) ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and as codified by § 15.2-4900 et. seq. of the Code of Virginia (collectively, the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental, nonprofit and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 15.2-4905(6), the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or properties whenever its board of directors shall find any such action to be in furtherance of the purposes for which the authority was organized"; WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source...."; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, while the Authority and City desire to promote all sectors of growth, the Authority and the Department of Economic Development (the "Department") have identified certain industries to target for growth and expansion in the City (the "Key Industries"),and the Key Industries,which may be updated from time to time, are identified on the Department's website, www.yesvirginiabeach.com ; 1 WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest employer in the City, and investments and economic development efforts aimed at retaining NAS Oceana as a master jet base are critical to the City's economic "health"; WHEREAS,the City has established the Economic Development Investment Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in §10 of the Act, City Council has determined that it would be in the best interests of the City to provide EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and property owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas", "Special Economic Growth Areas", "Economic Redevelopment Areas" or "Opportunity Zones"(as defined in the Internal Revenue Code), including infill development within such areas. Collectively, Strategic Growth Areas, Special Economic Growth Areas, Economic Redevelopment Areas, and Opportunity Zones may be referred to herein as"Target Areas;" and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; and WHEREAS, awards made under this Policy are at the sole legislative discretion of the Authority, and nothing herein should be deemed or interpreted as an entitlement to an award. NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"): DEFINITIONS: Unless otherwise defined, the following terms shall have the following meanings in this Policy: 2 • a. "Capital Investment" means a capital expenditure in taxable real property, taxable tangible personal property, or both at the Project in the City of Virginia Beach. The Authority may, in its discretion, determine that the value of machinery and equipment leased under an operating lease will qualify as a capital investment. The Authority may also, in its discretion, consider Capital Investments made by third parties at the Project for the overall benefit of the Project, and/or the value of moveable equipment retained by a business that was considering relocating outside of the City of Virginia Beach. b. "New Job" means a permanent full-time employment of an indefinite duration at the Project, for which the standard fringe benefits are provided by the company for the employee. Each new job must require a minimum of either(i)35 hours of an employee's time per week for the entire normal year of the company's operations, which "normal year" must include at least 48 weeks, or (ii) 1,680 hours per year. c. "Project" means the facility or facilities where a recipient of an award under this Policy has located from outside the City of Virginia Beach, or remained in the City of Virginia Beach or expanded its operations within the City of Virginia Beach and for which Capital Investment, New Jobs or direct tax revenues returned to the City are considered as a basis for an award under this Policy. d. "Applicant" means the business, owner, or developer that submits an application pursuant to this Policy. PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the EDIP shall be to enhance the ability of the Authority to implement the purposes set forth in the Act including, without limitation, to foster and stimulate economic development in the City by inducing (i) new businesses to locate in the City, (ii) existing businesses to remain in the City, and (iii) existing businesses to expand their operations. 2. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of the Department(the "Director") has determined, and has advised the Authority that one or more of the following criteria have been met: a. The net amount of direct tax revenues returned to the City by a Project to which EDIP funds are provided will exceed the amount of EDIP funds so 3 provided no later than thirty-six (36) months from the date on which the Project commences operations at a new or renovated facility; and/or b. For every one dollar ($1) in EDIP funds provided, at least twenty-five dollars ($25) of Capital Investment will be made or if appropriate, retained, at the Project for which the award is granted; and/or c. Every one thousand dollars ($1,000) in EDIP funds provided will yield at least one (1) New Job in the Project to which such EDIP funds are provided. However, (i) up to two thousand dollars ($2,000) shall be available for a Project that creates New Jobs in the Project for which such EDIP funds are provided, where such employment opportunities pay an average of $35,001 to $50,000, excluding benefits, (ii) up to three thousand dollars ($3,000)shall be available for a Project that creates New Jobs in the Project for which such EDIP funds are provided, where such employment opportunities pay an average of $50,001 to $75,000, excluding benefits, and (iii) up to four thousand dollars ($4,000) shall be available for a Project that creates New Jobs in the Project for which such EDIP funds are provided, where such employment opportunities pay an average of over $75,001, excluding benefits. For New Jobs paying an average up to $35,000 the business must demonstrate associated workforce development training costs. For any job to qualify for an award, that position must be filled for at least one year. These criteria shall be reviewed by the Director and the Director of the Department of Department of Management Services on a biennial basis. Specifically included in such review is the examination of whether the dollar thresholds in this Section 2 require adjustment to reflect changes in the CPI or cost of construction. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP awards to Projects that pay an average annual salary of at least $35,000 (excluding benefits). However,the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown. 3. QUALIFYING USES FOR PART A FUNDS. EDIP funds under Part A of this Policy may be used throughout the City for the following purposes: office, industrial, commercial and mixed-use development, or such other uses where the Director has demonstrated a need for the proposed use in that part of the City. In determining whether to award EDIP funds for other uses, the Authority shall consider (i) whether the proposed use is consistent with the goals of the SGA or SEGA where the Project is located, and (ii) whether the Project meets the City's Investment Partnership Guidelines, and (iii) 4 whether the Project will meet an underserved need in the City or further the growth of the Key Industries. 4. APPLICATION FOR EDIP AWARD. An Applicant who desires EDIP funds for a Project in the City of Virginia Beach may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City, it is determined that the designated information may not be kept confidential by the City, the document containing same will be redacted or returned to the party submitting it. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application meets the requirement of this Part A, recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 6, an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. 5. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose 6. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director,the Authority may,by a recorded majority vote at a public meeting, approve the proposed provision of EDIP funds for the Project. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval, the Authority must make all the following findings: a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; 5 b. that the expenditure of such EDIP funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; and e. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Project has not yet commenced construction of its proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy(70) days of the date of closed session, no investments made prior to seventy (70) days of the date of the approval of the award in open session will be considered for reimbursement under the award. f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award. 7. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. The name of the Applicant, and the location and a brief description of the Project to which the funds will be provided; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met; or, in the alternative, that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 5 of this Part A; and e. A statement that the findings set forth in paragraph 6 of this Part A have been made by the Authority. 6 PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS, SPECIAL ECONOMIC GROWTH AREAS, ECONOMIC REDEVELOPMENT AREAS, OR OPPORTUNITY ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable,but, if developed, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of Capital Investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC GROWTH AREAS, STRATEGIC GROWTH AREAS AND OPPORTUNITY ZONES. The Directors of the Department and the Planning Department shall identify areas of the City (i)that are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped, and (ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Target Area. For purposes of this Policy, the term "brownfields" means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse,but for which such expansion,redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances, pollutants, or contamination. The term "greyfields" means underperforming, declining or vacant real estate. 3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be provided for office, industrial, retail, hotel and mixed use development (including high density and multi-family residential uses). 7 4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: a. The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and b. For every one dollar ($1) in EDIP funds provided, twelve and 50/100 dollars ($12.50) or more in new Capital Investment will be made at the Project. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. The Authority shall have complete discretion as to the award of EDIP funds and the amount of EDIP funds awarded, as well as whether or not the criteria have been met. 5. AVAILABILITY OF FUNDS. EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further, provided that in any given fiscal year, the Authority shall not award more than fifty percent (50%) of its annual appropriation for EDIP use pursuant to Part B of this Policy without authorization of the City Council. 6. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for a Project located in a Target Area may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City, it is determined that the designated information may not be kept confidential by the City, the document containing same will be redacted or returned to the party submitting it. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director, including any certifications as required by this Policy. The Director shall review the application and information submitted and may, if the Director 8 finds that the Project described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 7, an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non- confidential or proprietary portions of the application will become public records. In determining whether to recommend that EDIP funds be awarded for the Project, the Director shall fmd as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the Project area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally, the Director may consider the following: c. The amount of EDIP funds remaining and available for use pursuant to this Part B of the Policy for the fiscal year. d. The economic return to the City generated by the Project in addition to the criteria set forth in paragraph 4 of this Part B e. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. f. The degree to which the Project may influence development or redevelopment within the applicable Target Area and adjacent or nearby properties. g. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy. h. The number and types of jobs which the development or redevelopment may expect to generate. i. The amount of the Applicant's Capital Investment in the Project. 9 j. The extent to which the Project incorporates mixed uses, provides open space and focuses on transportation and transit accessibility. 7. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 4 of this Part B have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose 8. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director,the Authority may, by a recorded majority vote at a public meeting, approve the award of EDIP funds to the Applicant. The Authority may attach conditions to the approval of the award of EDIP funds. In the case of a brownfield property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state, federal and local regulatory agencies and compliance therewith The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent,the Applicant's proposed Project satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval of the award of EDIP funds for the Project,the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; and b. That the expenditure of such EDIP funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; e. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Project has not yet commenced construction of the proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, no investments made prior to seventy (70) days of the date of the 10 approval of the award in open session will be considered for reimbursement under the award; f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award; g. That the property has been designated (or is in an area which has been designated) as a Target Area; h. That the Project is consistent with the City's Comprehensive Plan, and the City's Economic Development Strategy, as amended; and i. That the Project as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties. 9. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following information: a. The name of the Applicant , and the location and a brief description of the Project; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part B have been met; e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 10. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA, SPECIAL ECONOMIC GROWTH AREA ECONOMIC REDEVELOPMENT AREA OR AN OPPORTUNITY ZONE. The Authority may use EDIP funds to purchase and improve property within a Target Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: 11 a. The property is located within a Target Area; and b. The acquisition and/or improvement of the property by the Authority and its subsequent development or redevelopment will be in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy,the APZ-1 Ordinance, as amended, and Part B of this Policy. In addition to any property purchased using EDIP funds pursuant to paragraph 10 of this Part B, the Authority may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or(iii)the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale, the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 10 of this Part B shall be returned to the EDIP fund account. PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia Beach, but, if developed with conforming uses, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of Capital Investment; (ii) influence similar redevelopment and additional investment in nearby properties;(iii) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; (iv) in the APZ-I and Clear Zone areas, encourage the conversion of property that does not conform to the City's zoning amendments adopted in response to the BRAC Order on December 20, 2005 (the"APZ-1 Ordinance")to uses that do conform to the APZ- 1 Ordinance, including the relocation of nonconforming properties to areas of the City outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part C of this Policy to enhance the ability of the Authority to 12 foster and stimulate economic development in the APZ-1 by providing incentives for the development or redevelopment of properties as described herein. 2. APZ-1 AND THE CLEAR ZONES. The term "APZ-1" means Accident Potential Zone 1 and the areas identified as APZ-1 on the 1999 "Air Installations Compatible Use Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navy. The term "Clear Zones" are those areas designated as "Clear Zones" on the 1999 AICUZ pamphlet. 3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto. 4. INVESTMENT CRITERIA. a. For Areas located in the APZ-1 or Clear Zones, EDIP funds may be awarded pursuant to Part C of this Policy in such instances where the Oceana Land Use Conformity Committee has determined, and has advised the Director, that the Project for which EDIP funds will be provided will have the effect of furthering the goals of the Oceana Land Use Conformity Program, including bringing new uses into APZ-1 areas that conform to the APZ-1 Ordinance, converting nonconforming uses to conforming uses, retaining conforming uses in APZ-1, and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of the City where such uses would be consistent with the Comprehensive Plan and the City Zoning Ordinance. The Director shall advise the Authority of all determinations and recommendations made by the Oceana Land Use Conformity Committee ("OLUCC"). b. In determining the amount of the award recommended to OLUCC, the Director shall determine whether both the following criteria have been met: (i) The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and/or 13 (ii) For every one dollar ($1) in EDIP funds provided, the Applicant of the Project for which such funds are provided will spend ten and 50/100 dollars($10.50) or more in new Capital Investment, including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds may be made unless all other requirements of Part C of this Policy are satisfied and all findings stated in Part C of this Policy are made. The Authority shall have complete discretion as to the award of EDIP funds and the amount of EDIP funds awarded, as well as whether or not the criteria have been met. 5. ADDITIONAL USES OF FUNDS UNDER PART C. A qualifying owner of land located in APZ-l or the Clear Zones who desires to (i) move a nonconforming use of that land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible and(ii) if owner retains ownership of the subject land, agrees to restrict the further use of that land to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an award of up to $75,000 to offset actual moving expenses incurred in moving the said nonconforming use out of APZ-1 or the Clear Zones. 6. AVAILABILITY OF FUNDS. The City Council specifically appropriates funds for EDIP use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in APZ-1 and Clear Zone areas will be made available from CIP 9-037 (Oceana and Interfacility Traffic Area Conformity and Acquisition II). 7. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for use in a Project located in APZ-1 or the Clear Zones may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. the Applicant shall also complete the City of Virginia Beach Disclosure Statement Form, attached hereto as Exhibit B. The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City, it is determined that the designated information may not be kept confidential by the city, the document containing same will be redacted or returned to the party submitting it. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director fmds that the Project described in the application satisfies all requirements of this Part C, recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 4, an EDIP award must be approved by 14 a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. In determining whether to recommend that EDIP funds be awarded to for the Project, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part C. c. Whether the Project is consistent with the APZ-1 Ordinance. Additionally, the Director may consider the following: d. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. e. The economic return to the City generated by the Project. f. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. g. The degree to which the Project may influence compatible development or redevelopment within the APZ-1 and development of adjacent or nearby properties. h. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy, and the APZ-1 Ordinance, as amended. i. The amount of the Applicant's Capital Investment in the Project. j. The value of moving a use of property that is inconsistent with the APZ- 1 Ordinance out of the APZ-1 or the Clear Zones. 8. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 4 of this Part C have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose 15 9. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director,the Authority may,by a recorded majority vote at a public meeting, approve the award of EDIP funds to for the Project. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part C of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City, including the retention of NAS Oceana as a master jet base. Provided, however, that prior to approval of the award of EDIP funds for the Project, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, including the retention of NAS Oceana as a master jet base; and b. That the expenditure of such EDIP funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; e. That as of the date of application for the EDIP award, the Applicant had not yet commenced construction of the Project; f. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; g. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Applicant had not yet commenced construction of the Project. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, no investments made prior to seventy (70) days of the date of the approval of the award in open session will be considered for reimbursement under the award; 16 h. The Applicant for an award shall certify to the Authority that the findings in section (e), (f) and (g), above, are true and accurate at the time of the Authority's vote on an award; i. That the property is in APZ-1 or the Clear Zones; j. That the proposed Project is consistent with the City's Comprehensive Plan, the City's Economic Development Strategy and the APZ-1 Ordinance, as amended; k. That the scope and quality of the Project will serve to influence redevelopment and additional capital investment in adjacent or nearby properties or, in APZ-1 and Clear Zones, will foster the retention of NAS Oceana as a master jet base; and 1. The Oceana Land Use Conformity Committee has endorsed in writing the award of EDIP funds as proposed by the Authority 10. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which shall include the following information: a. The name of the Applicant, and the location and a brief description of the Project; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part C have been met; e. A statement that the findings set forth in paragraph 9 of this Part C have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 11. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority or the City. The Authority is authorized to pay a commission to that broker in an amount not to exceed the following: 17 Sale Price Cumulative Commission Rate $ 0 - $500,000 5% $500,001 - $1,000,000 3% $1,000,001 and up 2% PART D: GENERAL PROVISIONS APPLICABLE TO PARTS A, B AND C. 1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests. In addition to the use of EDIP funds pursuant to Parts A, and B or C of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and architectural and engineering studies directly related to specific economic development initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. a. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the Applicant at such time as the Director shall (i) obtain copies such records from the Applicant (including all contractors or subcontractors) necessary to document the actual costs incurred for the purpose or purposes for which the funds are to be provided; (ii) determine that the Project is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the EDIP funds by the Authority; and (iii) where required by the Authority(such as when a majority of the justification for an EDIP award is for the acquisition of personalty that could be removed from the City of Virginia Beach), the Applicant shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. b. Each resolution approving an EDIP award under this Policy shall contain a statement of the amount of Capital Investment to be made and/or New Jobs to be added as a basis for the award of EDIP funds approved. Notwithstanding anything to the contrary in this Policy, the resolution shall also direct that the full amount of the EDIP award approved shall not be paid unless at least eighty-five percent (85%) of the Capital Investment and/or New Jobs are actually made and/or added or retained. 18 c. If moveable equipment in the City of Virginia Beach at the time of an EDIP award is to be considered as a basis for the calculation of Capital Investment, the resolution shall contain a statement of the value of such movable equipment at the time of the EDIP award. d. The Director shall compile a written report for each EDIP award paid documenting the methodology employed, records reviewed and steps undertaken to ensure compliance with the terms of this Policy. The report shall include sufficient information to determine compliance with the Capital Investment and/or New Job requirement(s) of Section 3(b), above. This report shall be provided to the Commissioners at their monthly financial briefing. 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded for a Project pursuant to this Policy, such funds shall be used only for the following purposes: a. Public and private utility extension or capacity development on and off site; b. Road, rail, or other transportation access costs beyond the funding capability of existing programs; c. Public and private installation, extension or capacity development of high-speed of broadband Internet access, whether on or off site; d. Site acquisition; e. Grading, drainage, paving, and any other activity required to prepare a site for construction; f. Construction or build-out of publicly or privately owned buildings; g. Training costs; h. Purchase and installation of tangible business property,located in the City of Virginia Beach, in the following categories: • Machinery and Tools; Tangible personal property used for research and Development; 19 • Computer hardware used by businesses primarily engaged in providing data processing services to other nonrelated or affiliated businesses; • Programmable computer equipment and peripherals employed in a trade or business (not individual workstations); • Tangible personal property used in the provision of Internet services; • Equipment used primarily for research, development, production or provision of biotechnology for the purpose of providing products or processes for specific commercial or public purposes; • Tangible property designed and used primarily for the purpose of manufacturing a product from renewable energy. 5. REPORTING. The Authority shall provide City Council annual reports, outlining, in detail, the manner in which the EDIP funds were provided. Such reports shall include, at a minimum, the information required by subsections a, b, and c of paragraph 6 of Part A, subsections a, b, and c of paragraph 8 of Parts B and C, and information demonstrating compliance with the provisions of this Policy and Procedure. 6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 8. EFFECTIVE DATE OF POLICY. This Policy shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. Mayor, City of Virginia Beach Chair, City of Virginia Beach Development Authority Approved as to Content: Approved as to Legal Sufficiency: Economic Development City Attorney 20 2019 Revision (1-15-19) ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 6 of the Act, the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized"; WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source...."; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, while the Authority and City desire to promote all sectors of growth, the Authority and the Department of Economic Development (the "Department") have identified certain industries to target for growth and expansion in the City (the "Key Industries "), and the Key Industries, which may be updated from time to time, are identified on the Department's website, www.yesvirginiabeach.com ; WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest employer in the City, and investments and economic development efforts 1 aimed at retaining NAS Oceana as a master jet base are critical to the City's economic "health"; WHEREAS,the City has established the Economic Development Investment Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in §10 of the Act, City Council has determined that it would be in the best interests of the City to provide EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and property owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas", "Special Economic Growth Areas", "Economic Redevelopment Areas" or "Opportunity Zones"(as defined in the Internal Revenue Code), including infill development within such areas. Collectively, Strategic Growth Areas, Special Economic Growth Areas, Economic Redevelopment Areas, and Opportunity Zones may be referred to herein as"Target Areas;" and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; and WHEREAS, awards made under this Policy are at the sole legislative discretion of the Authority, and nothing herein should be deemed or interpreted as an entitlement to an award. NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"): DEFINITIONS: Unless otherwise defined, the following terms shall have the following meanings in this Policy: a. "Capital Investment" means a capital expenditure in taxable real property, taxable tangible personal property, or both at the Project in the 2 City of Virginia Beach. The Authority may, in its discretion, determine that the value of machinery and equipment leased under an operating lease will qualify as a capital investment. The Authority may also, in its discretion, consider Capital Investments made by third parties at the Project for the overall benefit of the Project, and/or the value of moveable equipment retained by a business that was considering relocating outside of the City of Virginia Beach. b. "New Job" means a permanent full-time employment of an indefinite duration at the Project, for which the standard fringe benefits are provided by the company for the employee. Each new job must require a minimum of either(i)35 hours of an employee's time per week for the entire normal year of the company's operations, which "normal year" must include at least 48 weeks, or(ii) 1,680 hours per year. c. "Project" means the facility or facilities where a recipient of an award under this Policy has located from outside the City of Virginia Beach, or remained in the City of Virginia Beach or expanded its operations within the City of Virginia Beach and for which Capital Investment, New Jobs or direct tax revenues returned to the City are considered as a basis for an award under this Policy. d. "Applicant" means the business, owner, or developer that submits an application pursuant to this Policy. PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the EDIP shall be to enhance the ability of the Authority to implement the purposes set forth in the Act including, without limitation, to foster and stimulate economic development in the City by inducing new businesses to locate in the City, existing businesses to remain in the City, and existing businesses to expand their operations. 2. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of the Department(the"Director")has determined, and has advised the Authority that one or more of the following criteria have been met: a. The net amount of direct tax revenues returned to the City by a Project to which EDIP funds are provided will exceed the amount of EDIP funds so provided no later than thirty-six (36) months from the date on which the Project commences operations at a new or renovated facility; and/or 3 b. For every one dollar ($1) in EDIP funds provided, at least twenty-five dollars ($25) of Capital Investment will be made at the Project for which the award is granted; and/or c. Every one thousand dollars ($1,000) in EDIP funds provided will yield at least one (1) New Job in the Project to which such funds are provided. However, (i) up to two thousand dollars ($2,000) shall be available for a Project that creates New Jobs in the Project for which such funds are provided, where such employment opportunities pay an average of $35,001 to $50,000, excluding benefits, (ii) up to three thousand dollars ($3,000) shall be available for a Project that creates New Jobs in the Project for which such funds are provided, where such employment opportunities pay an average of$50,001 to $75,000, excluding benefits, and (iii) up to four thousand dollars ($4,000) shall be available for a Project that creates New Jobs in the Project for which such funds are provided, where such employment opportunities pay an average of over $75,001, excluding benefits. For New Jobs paying an average up to $35,000 the business must demonstrate associated workforce development training costs. For any job to qualify for an award, that position must be filled for at least one year. These criteria shall be reviewed by the Director and the Director of the Department of Department Management Services on a biennial basis. Specifically included in such review is the examination of whether the dollar thresholds in this Section 2 require adjustment to reflect changes in the CPI or cost of construction. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP awards to Projects that pay an average annual salary of$35,000 (excluding benefits). However, the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown. 3. QUALIFYING USES FOR PART A FUNDS. EDIP funds under Part A of this Policy may be used throughout the City of Virginia Beach for the following purposes: office, industrial, commercial and mixed-use development, or such other uses where the Director has demonstrated a need for the proposed use in that part of the City. In determining whether to award EDIP Funds for other uses, the Authority shall consider (i) whether the proposed use is consistent with the goals of the SGA or SEGA where the Project is located, and (ii) whether the Project meets the City of Virginia Beach's Investment Partnership Guidelines, and(iii) whether the Project will meet an underserved need in the City or further the growth of the Key Industries. 4 4. APPLICATION FOR EDIP AWARD. An Applicant who desires EDIP funds to a Project in the City of Virginia Beach may make application for that purpose through the Department. The form of the application is attached hereto as Exhibit B. The Applicant shall also complete the City of Virginia Beach Disclosure Form, also attached on Exhibit B. The Applicant shall mark any materials contained in such application as confidential or proprietary at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the application meets the requirement of this Part A, recommend to the Authority that it award EDIP funds to the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. 5. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds to a Project, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. 6. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the proposed provision of EDIP funds to the Project. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the application satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval,the Authority must make all the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; b. that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds to the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; and 5 e. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Project has not yet commenced construction of its proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy(70) days of the date of closed session, only investments made within seventy days of the date of the approval of the award in open session will be considered for reimbursement under the award. f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award. 7. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. The name, location, and nature of the Project to which the funds will be provided; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met; or, in the alternative, that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 5 of this Part A; and e. A statement that the findings set forth in paragraph 6 of this Part A have been made by the Authority. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS, SPECIAL ECONOMIC GROWTH AREAS, ECONOMIC REDEVELOPMENT AREAS, OR OPPORTUNITY ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable,but, if developed, should stimulate industry and economic development within the City. 6 Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to(i) generate additional tax revenue as a result of Capital Investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC GROWTH AREAS, STRATEGIC GROWTH AREAS AND OPPORTUNITY ZONES. The Directors of the Department and Planning shall identify areas of the City(i)that are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped, and (ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Target Area. For purposes of this Policy, the term "brownfields" means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances, pollutants, or contamination. The term "greyfields" means underperforming, declining or vacant real estate. 3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be provided for office, industrial, retail, hotel and mixed use development (including high density and multi-family residential uses). 4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: a. The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the 7 amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and b. For every one dollar ($1) in EDIP funds provided, twelve and 50/100 dollars ($12.50) or more in new Capital Investment will be made at the Project. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. The Authority shall have complete discretion as to the award of funds and the amount of funds awarded, as well as whether or not the criteria have been met. 5. AVAILABILITY OF FUNDS. EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further, provided that in any given fiscal year,the Authority shall not award more than fifty percent (50%) of its annual appropriation for EDIP use pursuant to Part B of this Policy without authorization of the City Council. 6. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for use in a Project located in a Target Area may make application for that purpose through the Department. The form of the application is attached hereto as Exhibit B. The applicant shall also complete the City of Virginia Beach Disclosure Form, also attached on Exhibit B. The Applicant shall mark any materials contained in such application as confidential or proprietary at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director, including any certifications as required by this Policy. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds to the Project. In determining whether to recommend that EDIP funds be awarded to a Project, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the Project area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally, the Director may consider the following: 8 c. The amount of EDIP funds remaining and available for use pursuant to this Part B of the Policy for the fiscal year. d. The economic return to the City generated by the Project in addition to the criteria set forth in paragraph 4 of this Part B . e. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. f. The degree to which the Project may influence development or redevelopment within the applicable Target Area and adjacent or nearby properties. g. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy. h. The number and types of jobs which the development or redevelopment may expect to generate. i. The amount of the applicant's Capital Investment in the Project. j. The extent to which the Project incorporates mixed uses, provides open space and focuses on transportation and transit accessibility. 7. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director,the Authority shall either approve or disapprove the award of EDIP funds to the Applicant. The Authority may attach conditions to the approval of the award of EDIP funds. In the case of a brownfield property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state, federal and local regulatory agencies and compliance therewith. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval of the award of EDIP funds to an Applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; and 9 b. That the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds to the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; e. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Project has not yet commenced construction of the proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy(70) days of the date of closed session, only investments made within seventy days of the date of the approval of the award in open session will be considered for reimbursement under the award; f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award; g. That the property has been designated (or is in an area which has been designated) as a Target Area; h. That the Project is consistent with the City's Comprehensive Plan, and the City's Economic Development Strategy, as amended; and i. That the Project as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties. 8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following information: a. The name of the Applicant , and the location and a brief description of the Project; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds are to be provided; 10 d. A statement that the criteria set forth in paragraph 4 of this Part B have been met; e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 9. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA, SPECIAL ECONOMIC GROWTH AREA ECONOMIC REDEVELOPMENT AREA OR AN OPPORTUNITY ZONE. The Authority may use EDIP Funds to purchase and improve property within a Target Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: a. The property is located within a Target Area; and b. The acquisition and/or improvement of the property by the Authority and its subsequent development or redevelopment will be in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy,the APZ-1 Ordinance,as amended, and Part B of this Policy. In addition to any property purchased using EDIP funds pursuant to paragraph 9 of this Part B, the Authority may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or(iii)the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale, the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 9 of this Part B shall be returned to the EDIP fund account. PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES. 11 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia Beach, but, if developed with conforming uses, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of Capital Investment; (ii) influence similar redevelopment and additional investment in nearby properties;(iii)further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; (iv) in the APZ-1 and Clear Zone areas, encourage the conversion of property that does not conform to the City's zoning amendments adopted in response to the BRAC Order on December 20, 2005 (the"APZ-1 Ordinance")to uses that do conform to the APZ- 1 Ordinance, including the relocation of nonconforming properties to areas of the City outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part C of this Policy to enhance the ability of the Authority to foster and stimulate economic development in the APZ-1 by providing incentives for the development or redevelopment of properties as described herein. 2. APZ-1 AND THE CLEAR ZONES. The term "APZ-1" means Accident Potential Zone 1 and the areas identified as APZ-1 on the 1999 "Air Installations Compatible Use Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navy. The term "Clear Zones" are those areas designated as "Clear Zones" on the 1999 AICUZ pamphlet. 3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto. 4. INVESTMENT CRITERIA. a. For Areas located in the APZ-1 or Clear Zones, EDIP funds may be awarded pursuant to Part C of this Policy in such instances where the Oceana Land Use Conformity Committee has determined, and has advised the Director, that the Project for which EDIP funds will be provided will have the effect of furthering the goals of the Oceana Land Use Conformity Program, including bringing new uses into APZ-1 areas that conform to the APZ-1 Ordinance, converting nonconforming uses to conforming uses, retaining conforming uses in APZ-1, and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of the City where such uses would be consistent with the Comprehensive Plan and the City Zoning Ordinance. The Director shall advise the Authority of 12 all determinations and recommendations made by the Oceana Land Use Conformity Committee ("OLUCC"). b. In determining the amount of the award recommended to OLUCC, the Director shall determine whether both the following criteria have been met: (i) The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and/or (ii) For every one dollar ($1) in EDIP funds provided, the Applicant of the Project for which such funds are provided will spend ten and 50/100 dollars($10.50) or more in new Capital Investment, including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part C of this Policy are satisfied and all findings stated in Part C of this Policy are made. The Authority shall have complete discretion as to the award of funds and the amount of funds awarded, as well as whether or not the criteria have been met. 5. ADDITIONAL USES OF FUNDS UNDER PART C. A qualifying owner of land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible and(ii) if owner retains ownership of the subject land, agrees to restrict the further use of that land to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an award of up to $75,000 to offset actual moving expenses incurred in moving the said nonconforming use out of APZ-1 or the Clear Zones. 6. AVAILABILITY OF FUNDS. The City Council specifically appropriates funds for EDIP use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in APZ-1 and Clear Zone areas will be made available from CIP 9-037 (Oceana and Interfacility Traffic Area Conformity and Acquisition II). 7. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for use in a Project located in APZ-1 or the Clear Zones may make application for that purpose through the Department. The Applicant shall submit such information and 13 documentation concerning its application as may be required by the Director. The applicant shall also complete the City of Virginia Beach Disclosure Form, also attached on Exhibit B. The Applicant shall mark any materials contained in such application as confidential or proprietary at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application satisfies all requirements of this Part C, recommend to the Authority that it award EDIP funds to the Applicant. In determining whether to recommend that EDIP funds be awarded to an Applicant,the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part C. c. Whether the Project is consistent with the APZ-1 Ordinance. Additionally, the Director may consider the following: d. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. e. The economic return to the City generated by the Project. f. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. g. The degree to which the Project may influence compatible development or redevelopment within the APZ-1 and development of adjacent or nearby properties. h. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy, and the APZ-1 Ordinance, as amended. i. The amount of the Applicant's Capital Investment in the Project. j. The value of moving a use of property that is inconsistent with the APZ- 1 Ordinance out of the APZ-1 or the Clear Zones. 14 8. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director,the Authority shall either approve or disapprove the award of EDIP funds to the Applicant. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part C of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City, including the retention of NAS Oceana as a master jet base. Provided, however, that prior to approval of the award of EDIP funds to an Applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, including the retention of NAS Oceana as a master jet base; and b. That the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds to the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; e. That as of the date of application for the EDIP award, the Applicant had not yet commenced construction of the Project; f. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; g. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Applicant had not yet commenced construction of the Project. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, only investments made within seventy days of the date of the approval of the award in open session will be considered for reimbursement under the award; 15 h. The Applicant for an award shall certify to the Authority that the findings in section (e) and (f), above, are true and accurate at the time of the Authority's vote on an award; i. That the property is in APZ-1 or the Clear Zones; j. That the proposed Project is consistent with the City's Comprehensive Plan, the City's Economic Development Strategy and the APZ-1 Ordinance, as amended; k. That the scope and quality of the Project will serve to influence redevelopment and additional capital investment in adjacent or nearby properties or, in APZ-1 and Clear Zones, will foster the retention of NAS Oceana as a master jet base; and 1. The Oceana Land Use Conformity Committee has endorsed in writing the award of EDIP funds as proposed by the Authority 9. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which shall include the following information: a. The name of the Applicant, and the location and a brief description of the Project; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part C have been met; e. A statement that the findings set forth in paragraph 8 of this Part C have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 10. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority or the City. The Authority is authorized to pay a commission to that broker in an amount not to exceed the following: 16 Sale Price Cumulative Commission Rate $ 0 - $500,000 5% $500,001 - $1,000,000 3% $1,000,001 and up 2% PART D: GENERAL PROVISIONS APPLICABLE TO PARTS A, B AND C. 1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests. In addition to the use of EDIP funds pursuant to Parts A,and B or C of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and architectural and engineering studies directly related to specific economic development initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. a. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the Applicant at such time as the Director shall (i) obtain copies such records from the Applicant (including all contractors or subcontractors) necessary to document the actual costs incurred for the purpose or purposes for which the funds are to be provided; (ii) determine that the Project is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authority; and (iii) where required by the Authority (such as when a majority of the justification for an award is for the acquisition of personalty that could be removed from the City of Virginia Beach), the Applicant shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. b. Each resolution approving an award under this Policy shall contain a statement of the amount of Capital Investment to be made and/or New Jobs to be added as a basis for the award of funds approved. Notwithstanding anything to the contrary in this Policy, the resolution shall also direct that the full amount of the award approved shall not be paid unless at least eighty-five percent (85%) of the Capital Investment and/or New Jobs are actually made and/or added or retained. 17 c. If moveable equipment in the City of Virginia Beach at the time of an award is to be considered as a basis for the calculation of Capital Investment, the resolution shall contain a statement of the value of such movable equipment at the time of the award. d. The Director shall compile a written report for each award paid documenting the methodology employed, records reviewed and steps undertaken to ensure compliance with the terms of this Policy. The report shall include sufficient information to determine compliance with the Capital Investment and/or New Job requirement(s) of Section 3(b), above. This report shall be provided to the Commissioners at their monthly financial briefing. 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded to an Applicant pursuant to this Policy, such funds shall be used only for the following purposes: a. Public and private utility extension or capacity development on and off site; b. Road, rail, or other transportation access costs beyond the funding capability of existing programs; c. Public and private installation, extension or capacity development of high-speed of broadband Internet access, whether on or off site; d. Site acquisition; e. Grading, drainage, paving, and any other activity required to prepare a site for construction; f. Construction or build-out of publicly or privately owned buildings; g. Training costs; h. Purchase and installation of tangible business property, located in the City of Virginia Beach, in the following categories: • Machinery and Tools; • Tangible personal property used for research and Development; 18 • Computer hardware used by businesses primarily engaged in providing data processing services to other nonrelated or affiliated businesses; • Programmable computer equipment and peripherals employed in a trade or business (not individual workstations); • Tangible personal property used in the provision of Internet services; • Equipment used primarily for research, development, production or provision of biotechnology for the purpose of providing products or processes for specific commercial or public purposes; • Tangible property designed and used primarily for the purpose of manufacturing a product from renewable energy. 5. REPORTING. The Authority shall provide City Council annual reports, outlining, in detail, the manner in which the funds were provided. Such reports shall include, at a minimum, the information required by subsections a, b, and c of paragraph 6 of Part A, subsections a, b, and c of paragraph 8 of Parts B and C, and information demonstrating compliance with the provisions of this Policy and Procedure. 6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 8. EFFECTIVE DATE OF POLICY. This Policy shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. Mayor, City of Virginia Beach Chair, City of Virginia Beach Development Authority Approved as to Content: Approved as to Legal Sufficiency: Economic Development City Attorney 19 2019 Revision (1-15-19) ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 6 of the Act, the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized"; WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source...."; WHEREAS, pursuant to- § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, while the Authority and City desire to promote all sectors of growth, the Authority and the Department of Economic Development (the "Department") have identified certain industries to target for growth and expansion in the City (the "Key Industries "), and the Key Industries, which may be updated from time to time, are identified on the Department's website, www.yesvirginiabeach.com 1 WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest employer in the City, and investments and economic development efforts aimed at retaining NAS Oceana as a master jet base are critical to the City's economic "health"; WHEREAS,the City has established the Economic Development Investment Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in--§10 of the Act, City Council has determined that it would be in the best interests of the City to provide EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and property owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas", "Special Economic Growth Areas" or "Economic Redevelopment Areasor "Opportunity Zones" (as defined in the Internal Revenue Code), including infill development within such areas;. Collectively, Strategic Growth Areas, Special Economic Growth Areas, Economic Redevelopment Areas. and Opportunity Zones may be referred to herein as"Target Areas:" and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; and WHEREAS, awards made under this Policy are at the sole legislative discretion of the Authority, and nothing herein should be deemed or interpreted as an entitlement to an award. NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"): DEFINITIONS: Unless otherwise defined, the following terms shall have the following meanings in this Policy: 2 a. "Capital Investment" means a capital expenditure in taxable real property, taxable tangible personal property, or both at the Project in the City of Virginia Beach. The Authority may, in its discretion, determine that the value of machinery and equipment leased under an operating lease will qualify as a capital investment. The Authority may also, in its discretion, consider Capital Investments made by third parties at the Project for the overall benefit of the Project, and/or the value of moveable equipment retained by a business that was considering relocating outside of the City of Virginia Beach. b. "New Job" means a permanent full-time employment of an indefinite duration at the Project, for which the standard fringe benefits are provided by the company for the employee. Each new job must require a minimum of either(i)35 hours of an employee's time per week for the entire normal year of the company's operations, which "normal year" must include at least 48 weeks, or(ii) 1,680 hours per year. c. "Project" means the facility or facilities where a recipient of an award under this Policy has located from outside the City of Virginia Beach, or remained in the City of Virginia Beach or expanded its operations within the City of Virginia Beach and for which Capital Investment, New Jobs or direct tax revenues returned to the City are considered as a basis for an award under this Policy. d. "Applicant" means the business, owner, or developer that submits an application pursuant to this Policy. PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the . . . - - - - •- - ' .. DIP shall be to enhance the ability of the . . : -•. t - . . e . . . . - - Authority to implement the purposes set forth in the Act including,without limitation,to foster and stimulate economic development in the City by inducing new businesses to locate in the City, existing businesses to remain in the City, and existing businesses to remain in the City or to expand their operations. 2. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of Economic Deyelopmentthe Department (the "Director") has 3 determined, and has advised the Authority that one or more of the following criteria have been met: a. The net amount of direct tax revenues returned to the City by a businessProject to which EDIP funds are provided will exceed the amount of EDLP funds so provided no later than thirty-six (36) months from the date on which the businessProject commences operations at a new or renovated facility; and/or b. For every one dollar ($1) in EDIP funds provided, the business to which . - .. - :at least twenty-five dollars ($25) OF Capital Investment will be made at the Project for which the award is granted; and/or-equipmenu-andier c. Every one thousand dollars ($1,000) in EDLP funds provided will yield at least one (1) • " _ • . .' . . - " - • . . --- - .. .. - •- -- bessNew Job in the Project to which such funds are provided. However, (i) up to two thousand dollars ($2,000) shall be available 4ei businesses who create new "full time equivalent" employment . ... . - -- . . •-- for a Project that creates New Jobs in the Project for which such funds are provided, where such employment opportunities pay an average of$35,001 to $50,000, excluding benefits, (ii)up to three thousand dollars($3,000)shall be available for yes businessesa Project that creates New Jobs in the Project for which such funds are provided,where such employment opportunities pay an average of$50,001 to $75,000, excluding benefits, and (iii) up to four thousand dollars ($4,000) shall be available for businesses who create "full time . • - " - - . . •- - - . ... . - - • .. •- - - a Project that creates New Jobs in the Project for which such funds are provided,where such employment opportunities pay an average of over $75,001, excluding benefits. - . -• - - - • . . •• • - .... . • For New Jobs paying an average up to $35,000 the business must demonstrate associated workforce development training costs. For any job to qualify for an award, that position must be filled for at least one year. These criteria shall be reviewed by the Director and the Director of the Department of . - - - ' - . .: .. . .Department Management Services on a biennial basis. Specifically included in such review is the examination of whether the dollar thresholds in this Section 2 require adjustment to reflect changes in the 4 4 CPI or cost of construction. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP fundsawards to besieessesProjects that pay an average annual salary of $35,000 (excluding benefits). However, the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown. 3-3.QUALIFYING USES FOR PART A FUNDS. EDIP funds under Part A of this Policy may be used throughout the City of Virginia Beach for the following purposes: office, industrial, commercial and mixed-use development, or such other uses where the Director has demonstrated a need for the proposed use in that part of the City. In determining whether to award EDIP Funds for other uses, the Authority shall consider (i) whether the proposed use is consistent with the goals of the SGA or SEGA where the Project is located, and (ii) whether the Project meets the City of Virginia Beach's Investment Partnership Guidelines, and (iii) whether the Project will meet an underserved need in the City or further the growth of the Key Industries. 4. APPLICATION FOR EDIP AWARD. -b ine3 An Applicant who desires EDIP funds to . •, - . . • .•. - ' . . ••- a Project in the City of Virginia Beach may make application for that purpose through the Department of Economic Develepment_ The applieantform of the application is attached hereto as Exhibit B. The Applicant shall also complete the City of Virginia Beach Disclosure Form, also attached on Exhibit B. The Applicant shall mark any materials contained in such application as confidential or proprietary at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may,if the Director finds that the application meets the requirement of this Part A,recommend to the Authority that it award EDIP funds to the bus ness.Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. 4-5. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds to a specific busi~essProject, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. 5 �6.AUTHORITY FINDINGS AND ACTION.— Based upon the recommendation of the Director, the Authority shall either approve or disapprove the proposed provision of EDIP funds to the businessProject. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the application satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval, the Authority must make all the following findings: a. a—That the animating purpose of the proposed provision of EDIP funds to the businessProject is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, and : b. that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; hc. That the proposed provision of EDIP funds to the businessProject is in furtherance of the purposes for which the Authority was created; e,-d. That without the stimulus of the EDIP award, it is unlikely that the bessApplicant would locate-er remain or expand in the City; and had not yet commenced construction of the proposed improvements. e_6That as of the date the Director presents his or her recommendation to the Authority in closed session, the Project has not yet commenced construction of its proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy(70) days of the date of closed session, only investments made within seventy days of the date of the approval of the award in open session will be considered for reimbursement under the award. f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award. 6 6 7. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. _The name, location, and nature of the bu inessProject to which the funds will be provided; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met; or, in the alternative, that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 45 of this Part A; and e. -A statement that the findings set forth in paragraph 36 of this Part A have been made by the Authority. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS, SPECIAL ECONOMIC GROWTH AREAS-0143 ECONOMIC REDEVELOPMENT AREAS, OR OPPORTUNITY ZONES. 1. — PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable,but, if developed, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of Capital Investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under -Part B of this Policy- to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in 7 the City by providing incentives for the development or redevelopment of properties described herein. 2. - ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC GROWTH AREAS-AND, STRATEGIC GROWTH AREAS; AND OPPORTUNITY ZONES. The Directors of the Departments of Economic DevelvfnentDepartment and Planning shall identify areas of the City(i)that are currently brownfields,greyfields, or vacant, abandoned, under improved or underdeveloped, and(ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known-as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Steeial .. . . . . • . - . . . defined herein by ordinance of the City Council. Target Area. For purposes of this Policy, the term "brownfields" means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances, pollutants, or contamination. The term "greyfields" means underperforming, declining or vacant real estate. 3. —QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be provided for office, industrial, retail, hotel and mixed use development (including high density and multi-family residential uses). 4.— INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: The net amount of direct tax revenues returned to the City as a result of the . • • . . . . • Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDLP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the development or FedevelepinentProject for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and 8 For every one dollar ($1) in EDIP funds provided, the—owner—OF provided-will-spend-twelve he owne•- twelve and 50/100 dollars ($12.50) or more in new capital investment, including buildings, furnishings, and/or equipmentCapital Investment will be made at the Project. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. The Authority shall have complete discretion as to the award of funds and the amount of funds awarded, as well as whether or not the criteria have been met. 5. AVAILABILITY OF FUNDS. EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further,provided that in any given fiscal year, the Authority shall not award more than fifty percent (50%) of its annual appropriation for EDIP use for that year for - . . - . . • .. .. . - pursuant to Part B of this Policy without authorization of the City Council. 6. — APPLICATION FOR EDIP AWARD. Applicant who desires EDIP funds for use in a Project located in a Strategic GrowthTarget Area, Special - _ . • - •. . . .. - . .• . - . _ . . - - _may make application for that purpose through the Department _ The form of the application is attached hereto as Exhibit B. The applicant shall also complete the City of Virginia Beach Disclosure Form, also attached on Exhibit B. The Applicant shall mark any materials contained in such application as confidential or proprietary at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director, including any certifications as required by this Policy. The Director shall review the application and information submitted and may, if the Director finds that the . . . - - - . . - - - • -- . . : -- Project described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds to the applieernProject. In determining whether to recommend that EDIP funds be awarded to Project, the Director shall find as follows: a. _Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the properProject area; and 9 b. Whether the . • .. - - . .: - - Project satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally, the Director may consider the following: c. _The amount of EDIP funds remaining and available for use pursuant to this Part B of the Policy for the fiscal year. d. _The economic return to the City generated by the development or redevelopmentProiect in addition to the criteria set forth in paragraph 4 of this Part B . e. The expertise and experience of the developer or property owner Applicant in —redeveloping —brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. f. The degree to which the feeleveleffnentProject may influence —development or redevelopment within the Special Redeyelopmentapplicable Target Area and adjacent or nearby properties. g. The extent to which the - • • . . - - - . . . - - Project may —serve to implement a change in use which is consistent with —and/or furthers the goals of the Comprehensive Plan, the City's —Economic Development Strategy. h. _The number and types of jobs which the development or redevelopment may expect to generate. i--The amount of the applicant's Capital Investment in the i_ - .: . • . - - • • . . . . . : -- - - - . .Project. j. _The extent to which the plan of development or redevelopment Project incorporates mixed uses, provides open space and focuses on transportation and transit accessibility. 10 10 7.— AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director,the Authority shall either approve or disapprove the award of EDIP funds to the applicantApplicant. The Authority may attach conditions to the approval of the award of EDIP funds. In the case of a brownfield property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state, federal and local regulatory agencies and compliance therewith. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent,the applicant'aApplicant's proposed . . . . • • • Project satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval of the award of EDIP funds to an applieantApplicant, the Authority must make the following findings: a_a—That the animating purpose of the proposed provision of EDIP funds to the applieantProject is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beachr and-that of private interests, if at all;; and b_b-That the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds to the applicantProject is in furtherance of the purposes for which the Authority was created; Y. . - ' -_ redevelopment; d. e—That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; e. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Project has not yet commenced construction of the proposed improvements. Consideration in a closed 11 session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, only investments made within seventy days of the date of the approval of the award in open session will be considered for reimbursement under the award; f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award; g. That the property has been designated (or is in an area which has been designated) as a . .• •. - . . ' - : • -Target Area or Strategic • - - - - - h_€-That the Project is consistent with the City's Comprehensive Plan, and the City's Economic Development Strategy, as amended; and i. g. That the scope and quality of the plan of development or redevelopmen*That the Project as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties. 8. -APPROVAL OF THE AWARD OF EDIP FUNDS.Approval by the Authority of the provision of EDIP funds pursuant to this Part B -shall be in the form of a resolution which shall include the following information: a. a-The name of the . -- . . . .• . - - . .. -- Applicant, and the location and a brief description of the development or feElevelopmentProject; b. b,-The amount of EDIP funds that will be provided; c. e-The purpose or purposes for which the EDIP funds are to be provided; d. d-A statement that the criteria set forth in paragraph 4 of this Part B have been met; 12 12 e_e.—A statement that the fmdings set forth in paragraph 7 of this Part B have been made by the Authority; and f f,Any conditions to the approval of the award of the EDIP funds by the Authority. -9. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA, SPECIAL ECONOMIC GROWTH AREA AR-AN-ECONOMIC REDEVELOPMENT AREA: OR AN OPPORTUNITY ZONE. The Authority may use EDIP Funds to purchase and improve property within a GmwthTarget Area, . - . - . • - • . . .. _ . . '• ' - - . • Prior to the approval of the use of EDIP funds for such acquisition,the Authority must find that: a_e-The property is located within a . .- : - : -•_ _ : • - •. . . • . Target Area; and b_b-The acquisition and/or improvement of the property by the Authority and its subsequent development or redevelopment will be in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and Part B of this Policy. In addition to any property purchased using EDIP funds pursuant to paragraph 9 of this Part B, the Authority may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or(iii)the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale, the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 9 of this Part B shall be returned to the EDIP fund account. PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES. 13 1. ----PURPOSE AND INTENT. It is recognized that within the City there are areas that are not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia Beach, but, if developed with conforming uses, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of Capital Investment; (ii) influence similar redevelopment and additional investment in nearby properties;(iii) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; (iv) in the APZ-1 and Clear Zone areas, encourage the conversion of property that does not conform to the City's zoning amendments adopted in response to the BRAC Order on December 20, 2005 (the "APZ-1 Ordinance")to uses that do conform to the APZ-1 Ordinance, including the relocation of nonconforming properties to areas of the City outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part C of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the APZ-1 by providing incentives for the development or redevelopment of properties as described herein. 2. – APZ-1 AND THE CLEAR ZONES. The term "APZ-1" means Accident Potential Zone 1 and the areas identified as APZ-1 on the 1999 "Air Installations Compatible Use Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navy. The term "Clear Zones" are those areas designated as "Clear Zones" on the 1999 AICUZ pamphlet. 3. — QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto. 4. —INVESTMENT CRITERIA. a. (a) For Areas located in the APZ-1 or Clear Zones, EDIP funds may be awarded pursuant to Part C of this Policy in such instances where the Oceana Land Use Conformity Committee has determined, and has advised the Director, that the :- - .. - - - • . . - • - Project for which EDIP funds will be provided will have the effect of furthering the goals of the Oceana Land Use Conformity Program, including bringing new uses into APZ-1 areas that conform to the APZ-1 Ordinance, converting nonconforming uses to conforming uses, retaining 14 conforming uses in APZ-1, and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of the City where such uses would be consistent with the Comprehensive Plan and the City Zoning Ordinance. The Director shall advise the Authority of all determinations and recommendations made by the Oceana Land Use Conformity Committee ("OLUCC"). b_ (b) In determining the amount of the award recommended to OLUCC,the Director shall determine whether both the following criteria have been met: (i) The net amount of direct tax revenues returned to the City as a result of the :-. - . . - - - - . . - - - Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the redevelopmentProject for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and/or (ii) For every one dollar ($1) in EDLP funds provided, the owner or developerApplicant of the : • • . . • - - • - .. - - - Project for which such funds are provided will spend ten and 50/100 dollars ($10.50) or more in new cel Capital Investment, including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part C of this Policy are satisfied and all findings stated in Part C of this Policy are made. The Authority shall have complete discretion as to the award of funds and the amount of funds awarded, as well as whether or not the criteria have been met. 5. ADDITIONAL USES OF FUNDS UNDER PART C. A qualifying owner of land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible and(ii) if owner retains ownership of the subject land, agrees to restrict the further use of that land to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an award of up to $75,000 to offset actual 15 moving expenses incurred in moving the said nonconforming use out of APZ-1 or the Clear Zones. 6. AVAILABILITY OF FUNDS. The City Council specifically appropriates funds for EDIP use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in APZ-1 and Clear Zone areas will be made available from CIP-9.060_ 03 7 (Oceana and Interfacility Traffic Area Conformity and Acquisition II). 7. APPLICATION FOR EDIP AWARD. owner--of-landAn Applicant who desires EDIP funds for use in the-development-0r a Project located in APZ-1 or the Clear Zones may make application for that purpose through the Department : - . : - - . . • • - ._ The applieantApplicant shall submit such information and documentation concerning its application as may be required by the Director. The applicant shall also complete the City of Virginia Beach Disclosure Form, also attached on Exhibit B. The Applicant shall mark any materials contained in such application as confidential or proprietary at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. The Director shall review the application and information submitted and may, if the Director finds that the development or redevelopment of the propertyProject described in the application satisfies all requirements of this Part C, recommend to the Authority that it award EDIP funds to the applieentApplicant. In determining whether to recommend that EDIP funds be awarded to an applieantApplicant, the Director shall find as follows: a_a—Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/area; and b7-Whether the .. . . . ... . . . . .. . . ... . . Project satisfies the b_—investment criteria set forth in paragraph 4 of this Part C. c. e,---Whether the : - - . . - . . . - - Project is consistent with the —APZ-1 Ordinance. Additionally, the Director may consider the following: d. The amount of EDIP funds remaining and available for use d. pursuant to this Policy for the fiscal year. 16 16 e_e.—The economic return to the City generated by the development erProject. this Part C. The expertise and experience of the f. Applicant in-redeveloping-brownfields,greyfields, abandoned,blighted, under improved and underdeveloped properties. g,The degree to which the Project may influence —compatible development or redevelopment within the APZ-1 and g_—development of adjacent or nearby properties. h. The extent to which the . .. - - - . - .: - - - Project may —serve to implement a change in use which is consistent with —and/or furthers the goals of the Comprehensive Plan, the City's —Economic Development Strategy, and the APZ-1 Ordinance, as IL —amended. i_l, The amount of the - . . ' - . . •- . -• - - Applicant's Capital Investment in the Project. �. The value of moving a use of property that is inconsistent with the APZ-1 Ordinance out of the APZ-1 or the Clear Zones. 8.— AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director,the Authority shall either approve or disapprove the award of EDIP funds to the appltApplicant. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the app/sApplicant's proposed fedevelopmemProject satisfies Part C of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City, including the retention of NAS Oceana as a master jet base. Provided,however,that prior to approval of the award of EDIP funds to an applioantApplicant, the Authority must make the following findings: 17 a. a—That the animating purpose of the proposed provision of EDIP funds to the applantProject is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, including the retention of NAS Oceana as a master jet base, and that the privote-interestsrif-at-a14; and b. b,-That the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds to the applioarAProject is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; . . . . - ! . . property would be developed or redeveloped to the extent e_4--That as of the date of application for the EDIP award, the applicantApplicant had not yet commenced construction of the proposed Proj ect; f. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or reislevelopolenttexpand in the City; g. That as of the date the Director presents his or her recommendation to the Authority in closed session, the Applicant had not yet commenced construction of the Project. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, only investments made within seventy days of the date of the approval of the award in open session will be considered for reimbursement under the award; 18 h. The Applicant for an award shall certify to the Authority that the findings in section (e-) and (f), above, are true and accurate at the time of the Authority's vote on an award; i. That the property is in APZ-1 or the Clear Zones; ,j_€-That the proposed develepnientProject is consistent with the City's Comprehensive Plan,the City's Economic Development Strategy and the APZ-1 Ordinance, as amended; k. That the scope and quality of the . . .. - • • . : asp-Forepesec,Project will serve to influence redevelopment and additional capital investment in adjacent or nearby properties or,in APZ-1 and Clear Zones, will foster the retention of NAS Oceana as a master jet base; and 1_l -The Oceana Land Use Conformity Committee has endorsed in writing the award of EDIP funds as proposed by the Authority 9. - APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which shall include the following information: a. a-The name of the : • : : : ; : - - . . - " Applicant, and the location and a brief description of the development or rode ,e opr,ent;Project: b_b-The amount of funds that will be provided; c_e-,The purpose or purposes for which the funds are to be provided; d. 41-A statement that the criteria set forth in paragraph 4 of this Part C have been met; e_e-A statement that the findings set forth in paragraph 8 of this Part C have been made by the Authority; and f f,-Any conditions to the approval of the award of the EDIP funds by the Authority. 39 19 40.— ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority or the City. The Authority is authorized to pay a commission to that broker in an amount not to exceed the following: Sale Price Cumulative Commission Rate $ 0 - $500,000 5% $500,001 - $1,000,000 3% $1,000,001 and up 2% PART D: GENERAL PROVISIONS APPLICABLE TO PARTS A,B AND C. 1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests.In addition to the use of EDIP funds pursuant to Parts A, and B or C of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and architectural and engineering studies directly related to specific economic development initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. a. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the . . . ' . -- - . develeperApplicant at such time as the Director shall (i) obtain copies of invoices/receiptssuch records from the business, or owner or developer slhegApplicant(including all contractors or subcontractors)necessary to document the actual costs incurred for the purpose or purposes for which the funds are to be provided; (ii) determine that the development er redevelopmen*Project is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authority; and (iii)where required by the Authority, - • .. •- , : . - - . . .. (such as when a majority of the justification for an award is for the 20 acquisition of personalty that could be removed from the City of Virginia Beach), the Applicant shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. b. Each resolution approving an award under this Policy shall contain a statement of the amount of Capital Investment to be made and/or New Jobs to be added as a basis for the award of funds approved. Notwithstanding anything to the contrary in this Policy, the resolution shall also direct that the full amount of the award approved shall not be paid unless at least eighty-five percent (85%) of the Capital Investment and/or New Jobs are actually made and/or added or retained. c. If moveable equipment in the City of Virginia Beach at the time of an award is to be considered as a basis for the calculation of Capital Investment, the resolution shall contain a statement of the value of such movable equipment at the time of the award. d. The Director shall compile a written report for each award paid documenting the methodology employed, records reviewed and steps undertaken to ensure compliance with the terms of this Policy.The report shall include sufficient information to determine compliance with the Capital Investment and/or New Job requirement(s) of Section 3(b), above. This report shall be provided to the Commissioners at their monthly financial briefing. 4. —SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded to an applic-atitApplicant pursuant to this Policy, such funds shall be used only for the following purposes: a. Public and private utility extension or capacity development on and off site-; b. Road, rail, or other transportation access costs beyond the funding capability of existing programs..-; c. Public and private installation, extension or capacity development of high-speed of broadband Internet access, whether on or off site..-i 21 d. Site acquisition---; e. Grading, drainage, paving, and any other activity required to prepare a site for construction , f. Construction or build-out of publicly or privately owned buildings..-; g. Training costs: h. Purchase and installation of tangible business property,located in the City of Virginia Beach, in the following categories: • Machinery and Tools •---Tangible personal property used for research and • developmentDevelopment: *—Computer hardware used by businesses primarily engaged in providing data processing services to other • -- nonrelated or affiliated businesses: •—Programmable computer equipment and peripherals • employed in a trade or business (not individual workstations .—Tangible personal property used in the provision of • --Internet services. • Equipment used primarily for research, development, --- • production or provision of biotechnology for the purpose of providing products or processes for specific commercial or public purposes; **Tangible property designed and used primarily for the — • purpose of manufacturing a product from renewable energy_ 5. REPORTING. The Authority shall provide City Council annual reports, outlining, in detail, the manner in which the funds were provided. Such reports shall include, at a minimum, the information required by subsections a, b, and c of paragraph 6 of Part A, subsections a, b, and c of paragraph 8 of Parts B and C, and information demonstrating compliance with the provisions of this Policy and Procedure. 22 22 6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 8. EFFECTIVE DATE OF POLICY. This Policy shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. Mayor, City of Virginia Beach Chair, City of Virginia Beach Development Authority Approved as to Content: Approved as to Legal Sufficiency: Economic Development City Attorney 23 ri-8-4\tail re$FA4� \II, 44w, t..., tt) u ____ ,,,, Te Y. *U F_ouR NAT��. 4 Office of the City Auditor Audit of Virginia Beach Development Authority Report Date: November 30, 2018 Office of the City Auditor 2401 Courthouse Drive, Room 344 Virginia Beach, Virginia 23456 757.385.5870 "Promoting Accountability and Integrity in City Operations" 1 ,,,,,:„.„, _ Office of the City Auditor "4Contact Information l°s. rias sN°°°F `tiv;+v Office of the City Auditor "Promoting Accountability and Integrity in City Operations" Lyndon Remias, CPA City Auditor Chris Ford, CPA Deputy City Auditor www.vbgov.com/cityauditor Office of the City Auditor 2401 Courthouse Drive, Room 344 Virginia Beach, VA 23456 Telephone: 757.385.5870 Fax: 757.385.5875 Fraud, Waste, and Abuse Hotline 757.468.3330 lA B�� rrG �C� N° , Office of the City Auditor �� F Transmittal Letter %.2,:.`%°Y November 30, 2018 To: Dorothy L. Wood, Chair of City of Virginia Beach Development Authorityf,, Subject: Audit of City of Virginia Beach Development Authority I am pleased to present the report of our audit of the City of Virginia Beach Development Authority (VBDA). The objective of the this audit was to determine if the proper operating controls have been established and delineated to distinguish clear operating procedures between the Department of Economic Development and the VBDA and that those procedures are being executed properly. This audit was scheduled and included as part of the City Auditor's annual audit plan for FY 2018.The last time the City Auditor performed an audit of the VBDA was in December of 2007.The VBDA is audited annually by the external auditors. Findings considered to be of insignificant risk have been discussed with management. We completed fieldwork on September 30, 2018. The Office of the City Auditor reports to City Council through the City's Audit Committee and is organizationally independent of all other City Departments. This report is intended solely for the information and use of the Audit Committee, City Council,the Virginia Beach Development Authority, the Department of Economic Development, and appropriate management. It is not intended to be and should not be used by anyone other than these specified parties. However,this report is a matter of public record and its distribution is not limited. We would like to thank the Department of Economic Development for their courteous and prompt assistance during our audit. The staff was receptive and excellent to work with. If you have any questions about this report, or any audit-related issue, I can be reached at 385-5872 or via email at Iremias@vbgov.com. Respectfully submitted, 4 z-,_ 5 /e,, Lyndon S. Remias City Auditor c: David L. Hansen, City Manager City Council Members VBDA Commissioners Audit Committee Members Ronald H. Williams, Jr., Deputy City Manager i The Office of the City Auditor is an independent audit function reporting directly to the Virginia Beach City Council. 13.,, aEAchl! =' cOffice of the City Auditor xy Table of Contents Transmittal Letter i Purpose 1 Scope & Objective 1 Methodology 1 Standards 2 Background 3 Findings and Recommendations 4-12 Conclusion 13 Acknowledgements 13 Appendix A 14 Management's Response Attachment A ii The Office of the City Auditor is an independent audit function reporting directly to the Virginia Beach City Council. OC� ..174\,- ; yl Office of the City Auditor ';',f.,,,----- Ls Audit of the Virginia Beach Development Authority %:,z,:1,4_34'.4. f_ Purpose This audit was part of our FY 2018 Audit Schedule, the purpose of the audit was to determine if the proper operating controls have been established and delineated to distinguish clear operating procedures between the Department of Economic Development and the Virginia Beach Development Authority (VBDA) and that those procedures are being executed properly. It should be emphasized that the VBDA and the Department of Economic Development are separate entities.The Department of Economic Development as a City department is subject to City controls and regulations, the VBDA has their own controls. Scope & Objectives The scope of the audit covered the most current audited fiscal year (FY) ending June 30, 2017, and for some items tested, the current fiscal year ending June 30, 2018. The objectives of our review were: • To document the financial controls of the VBDA and assess the effectiveness of the design of those controls in place to reduce risk to an acceptable level, and to include the proper separation of VDBA transactions from those of the City. • To select a sample of transactions and test the controls for compliance. • To document and assess the design of the controls in place governing the disbursement of Economic Development Investment Program (EDIP) awards and to test those controls for compliance. Methodology To accomplish our objectives, we performed the following: • Researched the VBDA and the Department of Economic Development websites, budget files, the most current external audit of the VBDA (2017), the 2017 and 2018 QuickBooks general ledgers of the VBDA and other relevant background information. • Reconciled the 2017 VBDA general ledger with the 2017 external audit report. • Obtained, reviewed, and documented the written VBDA controls and procedures currently in place. • Obtained and reviewed the EDIP written policies and procedures with a focus on the procedures regarding the disbursement of the award. • Obtained and reviewed the VBDA's Informational Manual. • Interviewed appropriate management and personnel. • Attended and observed a VBDA board meeting. Audit of the Virginia Beach Development Authority Page 1 rfG 4 a'acz V-',,,,v, Office of the City Auditor :I-- ,a, Audit of the Virginia Beach Development Authority '% { l``rvZtVJ Standards We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained during this audit provides a reasonable basis for our findings and conclusions based on our audit objectives. The Office of the City Auditor reports to City Council through the Audit Committee and is organizationally independent of all City Departments. This report will be distributed to the City's Audit Committee, City Council, the Virginia Beach Development Authority, the Department of Economic Development and appropriate management.This report will also be made available to the public. Audit of the Virginia Beach Development Authority Page 2 r G zeCy — y4 opz -a3 Office of the City Auditor Audit of the Virginia Beach Development Authority g�aspa Background The Virginia Beach Development Authority (VBDA) was established by the Virginia General Assembly in 1964 as a component but legally separate unit of the City of Virginia Beach.The VBDA is a separate commission of 11 members appointed by the Virginia Beach City Council that governs the Authority and it is a component unit of the City for reporting purposes. The Authority's purpose is to facilitate expansion of the City's tax base through increased business investment and to create employment opportunities within the City. So while the VBDA is a component unit of the City and included in its audited Comprehensive Annual Financial Report (CAFR), the VBDA has its own separate annual audited CAFR as well. The Authority assists in the business/industry location and retention process by acquiring, developing and reselling land, issuing Industrial Revenue Bonds (IRB), and administering the Economic Development Investment Program (EDIP). Beginning in 1995, the Authority's mission was expanded to include facilitating economic projects for the City in order to contribute to the City's economic growth and financial health. This facilitation has been in the structuring of public-private partnerships between the City and private entities. Control Overview When considering the VBDA and its accounting and associated controls it should be recognized that the VBDA, as a separate entity has its own accounting software separate from the City — QuickBooks—and is a small accounting operation. Many of the transactions are large bond/debt transactions done by journal entry to mirror the City. The VBDA has no employees so there are no payroll transactions. There are no cash transactions; other than their annual golf outing. The books are kept on the cash basis and accruals are set up at year end for receivables and payables. Thus, there is a disbursement cycle and a revenue cycle (see procurement issue below) and their related controls. As a small accounting operation nearly all of the accounting duties/functions are handled by the Department of Economic Development's accountant (VBDA accountant). This fact can make segregation of incompatible accounting duties, a cornerstone of effective controls, challenging. Some segregation of duties does exist with the VBDA chair and the Project Development Coordinator performing some limited duties. However,the following compensating controls are in place,which help to mitigate some of the risk of consolidating most of the accounting functions with one person: • The VBDA receives their own annual external audit. • There are relatively few transactions and user friendly software and reports. It is easy to familiarize yourself with an entire year's transactions in the general ledger quickly. • The revenue transactions and account balances are easily tied to a specific lease, support agreement, and IRB schedule making them easy to verify and obvious if something is missing (ex. eleven lease payments instead of twelve). Audit of the Virginia Beach Development Authority Page 3 iy: Office of the City Auditor J.,,.. Audit of the Virginia Beach Development Authority 4tn ..,, ,,, 1)Dsfif'!� • Very detailed accounting information is presented monthly to the commissioners at each board meeting. Findings and Recommendations: I. Financial Controls We documented the VBDA financial controls in place and assessed the effectiveness of the design in reducing risk to an acceptable level. We selected 15 transactions to test compliance with the controls and noted no exceptions. - We also traced every account balance in the '" , 2017 general ledger to the 2017 audited .-,r µ:- � financial statements without exception. The .6 ` 4" accuracy, organization, and backup • ' -'-_+• mss ,_ ,1 documentation of the accounting records is ='2 ` ^� very sound. We did note the following • 1 _ findings and recommendations regarding the design of the controls. �C_ Finding 1: Disbursement Controls Documentation not updated In prior years the VBDA made all of its disbursements via manual check and they had the related controls documented in a written format. They now make disbursements via three methods — manual check,ACH processing, and electronic checks.They do have controls in place for ACH and electronic check processing but do not have them fully documented. Recommendation: 1.1 We recommend the Economic Development accountant in charge of VBDA accounting update the written Procedures Manual to include ACH and electronic check processing. Finding 2: Monthly Bank Statement not reviewed by VBDA As stated, most of the accounting functions of the VBDA are handled by one person in Economic Development which is a control weakness. We noted that some of this risk is mitigated by a number of compensating controls. Nonetheless, with disbursements the accountant is the only person with access/control of the software and checkbook, processes all transactions whether by ACH,electronic check or manual check, records the disbursements,opens and retains the bank statement and performs the bank reconciliation. It should be noted that the VBDA Chair, Vice Chair and Treasurer are authorized to review invoices and sign checks as well. The VBDA chair Audit of the Virginia Beach Development Authority Page 4 Office of the City Auditor Audit of the Virginia Beach Development Authority `�yyY does review all invoices, signs all manual checks, and invoices if paid electronically, signifying his review/approval. Recommendation: 2.1 Because much of the disbursement cycle is consolidated with one person we recommend that the VBDA chair or designee, when performing his/her financial review of invoices, also review each prior monthly bank statement to verify the disbursements coming out of the bank account.There are not a voluminous number of transactions and this control is critical due to the level of segregation of duties in the disbursement cycle. Finding 3: ACH Process Control not in Place One of the controls in the ACH process is that all ACH payments require dual approval.The second approval (in addition to the accountant's) is to be performed by the Project Development Coordinator who must login to his account to approve the ACH transfer. He receives the signed invoices and ACH printouts as backup prior to approving. This control was working, but recently the VBDA changed banks and currently there is not a dual approval process in place prior to the ACH transfer. Recommendation: 3.1 We recommend that the Department of Economic Development continue to work with the new bank to implement dual approval prior to ACH transfer. II. Procurement and VBDA/City Risk As the Department of Economic Development's employees also serve the VBDA there could be risk that funds could be comingled or transactions are not clearly delineated between the two entities. The Department of Economic Development is a City department and is subject to the City's controls, directives, regulations and audits the VBDA is its own entity. The key risk would be if the City wanted to bypass City controls, the City could process a transaction of its own through the VBDA. We listed existing compensating controls for this and we have the following finding and recommendation to further reduce this risk and to achieve the required compliance with the Virginia Public Procurement Act (VPPA). Finding 4: No Procurement Policy in Place At this time there is no VBDA procurement policy—one needs to be adopted. This is largely due to the fact that most of the disbursements are project/debt/contract related and are procured at the City level. There is also a section in the Virginia Code – 2.2-4344 B. that exempts Audit of the Virginia Beach Development Authority Page 5 Q 7, cy 4 ` :, Office of the City Auditor .--_ s., Audit of the Virginia Beach Development Authority i ✓ Development Authorities from the VPPA compliance for many transactions related to their facilities.There can be times, when small item purchases may be needed to be purchased by the VBDA for its use and VPPA compliance would be the responsibility of the Authority but handled by Economic Development personnel. Recommendation: 4.1 Adopt a written procurement policy (similar to the City's) that requires the person authorizing any expenditure — either a project manager or other — to sign off that they authorize the expenditure, and that it is for VBDA , not the City (if its legitimately for joint use and paid for by the VBDA then consider it a VBDA purchase). The authorizing person's signature is verifying that the purchase has met VPPA requirements by: 1) City procurement 2) Code section 2.2-4344 B exemption 3) VBDA compliance with VPPA through its written adopted policy for items not covered by 1) & 2) above - this would require maintaining appropriate documentation. We recommend having the policy reviewed by the City Purchasing division prior to final approval. III. EDIP Expenditures The City and the VBDA have in place an Economic Development Investment Program Policy and Procedures to govern all aspects of the EDIP program. The purpose of the program is to enhance the ability of the VBDA to foster and stimulate economic development in the City by inducing new businesses to locate in the City, and existing businesses to remain in the City or to expand their operations. The EDIP portion of this audit focused on the actual payout requirements of the EDIP awards. Those requirements are found in Part D Section 3 of the Policy"Payment of EDIP Funds": "When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the authorized business or the owner or developer at such time as the Director shall: (i) obtain copies of invoices/receipts from the business, or owner or developer showing the actual costs incurred for the purpose or purposes for which the funds are to be provided; (ii) (ii) determine that the development or redevelopment is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authority;and Audit of the Virginia Beach Development Authority Page 6 . . A.., F1 °i '"' =1, Office of the City Auditor i. .-_ 1 » Audit of the Virginia Beach Development Authority .k,,I,.„ .,....4-..„1 /, 9'444 Y ,: Sim i+ (iii) (iii)where required by the Authority, the business, or owner or developer shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority." For FY 18, the VBDA paid out 39 award payments totaling $1,028,055 and for FY 17 paid out 31 awards totaling $989,099. For a complete listing of recipients see Appendix A. EDIP Award Payments FY 18 FY 17 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 Note: As mentioned earlier, the scope of this audit regarding the EDIP was concerned only with the procedures governing the actual payout of the awards. It should be noted that at the time of this audit an EDIP review committee is also reviewing the entire EDIP policies and procedures. The committee consists of representatives from City Council, the VBDA, the City Attorney's Office, the Department of Economic Development and City management. We concur that this is an opportune time for the committee to review the entire program. Finding 5: Full Grant Awarded without Meeting Original Approved Capital Investment Criteria EDIP Policy and Procedure Part D: General Provisions Applicable to Parts A, B, and C, Section 3. Payment of EDIP Funds (ii) states: "When EDIP funds are awarded the Director "shall determine that the development or redevelopment is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authority." We noted in one EDIP grant that a recipient (Urology of VA) was awarded the full grant amount of $150,000 even though their capital investment was not in conformity with the plan of development originally presented to the VBDA. The initial date of the award was December 17, 2013 with an expiration date of December 17, 2016. Audit of the Virginia Beach Development Authority Page 7 1 .‘,,,„v„, „4 ...,....:-.11 Office of the City Auditor _ I➢ Audit of the Virginia Beach Development Authority Expected Capital Investment Actual Capital Investment Presented to VBDA Made Prior to the Award Variance $17,800,000 $8,821,543 $8,978,457 While Urology of VA did meet the minimum capital investment formula as specified in the policy and resolution (see below) to qualify for the $150,000 grant, the actual capital investment was below what was presented and originally approved by the Authority. It should be noted that (per the November 21, 2017 VBDA minutes)the Authority was briefed concerning the company falling short of the stated capital investment, but fell within the minimum criteria and the Authority endorsed giving them the entire grant. As the EDIP deals are now structured, it is not clear and transparent to the company/public/the Council/VBDA what the actual investment criteria the company will be held to in order to receive the full award. The company's EDIP application and the power point presentation made to the VBDA on which they vote to approve the award resolution will state a certain performance criteria dollar amount. This is the investment the company says they will make to receive the award and what we attempt to track and hold them to. However, the actual award resolution itself does not mention or contain that target investment amount or it only has the amount of the award itself and the repeated minimum criteria formula in the EDIP Policy and Procedures states: "for every dollar of EDIP funds received, Recipient shall make a new capital investment of at least twenty five dollars".Thus, we attempt to hold them to what they originally promised but we sometimes give them the entire award if they only meet what the minimum required, per formula contained in the policy/resolution. Thus, some companies are held to the application/tracked amount presented to the VBDA while others, when they couldn't meet that criteria, are only be held to the minimum requirements and still received the full award. Recommendations: 5.1 If the company receiving the award cannot meet the original investment performance criteria they included in their application and on which the Commissioners approved the award, the commissioners should re-vote (as they did with Urology of VA) to approve the award at the revised level by which the Director of Economic Development is recommending (having met the minimum formula).The revised amount deemed adequate to receive the award may be substantially different from the original arrangement that voted on and announced to the public. 5.2 The City Attorney and the VBDA should work to increase the consistency and clarity regarding the performance criteria as expressed in the EDIP application, the power point presentation made to the VBDA and on which they voted, the award resolution, and the VBDA performance criteria tracking system. Audit of the Virginia Beach Development Authority Page 8 70:4,B Ach 1 pi `') Office of the City Auditor F zD Audit of the Virginia Beach Development Authority ..cAi..! # Finding 6: Grant Awarded without Meeting Criteria of"New" Capital Investment Economic Development Investment Program Policy and Procedure Part A Section 2.b "Investment Criteria" states: "For every one dollar ($1) in EDIP funds provided, the business to which such funds are provided will spend twenty-five dollars ($25) or more in new capital investments, including buildings,furnishings, and/or equipment." We noted in one EDIP grant that the recipient (Global Technical Systems) received the first portion of their award ($30,937 of$125,000) in May of 2017 by merely submitting their current personal property listing. The listing had assets put in place from 1997 through 2016 all before the award was even granted in April of 2017 with an expiration date of April 18, 2020.There was no documentation that any new capital investment was made with this initial disbursement of the award. Nevertheless, Economic Development accepted that as verification of new capital assets and paid out a portion of the award. Recommendation: 6.1 Economic Development adhere to the EDIP Policies and Procedures, the EDIP award resolutions and remit grant awards only after the criteria are met- specifically the requirement that investments of capital assets be new, not existing, capital assets. Finding 7: Full Verification of Capital Investment was not performed The EDIP Policies and Procedures Part D #3 "Payment of EDIP Funds" states: "When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the authorized business or the owner developer at such time as the Director shall (i) obtain copies of invoices/receipts from the business, or developer showing the actual costs incurred for the purpose or purposes for which the funds are to be provided." We noted in an EDIP grant that the recipient (Green Flash Brewing Company) received the full amount of the EDIP Grant of$275,000, but the full costs of expected capital investment were not fully verified. The award was originally granted on March 19, 2013 with an expiration date of March 19, 2017. Expected Capital Investment Actual Capital Investment Remaining Amount not Presented to VBDA Verified Correctly Verified $20,293,021 $9,077,886 $11,215,135 Green Flash's performance criteria was to be a capital contribution of $20.2M. Through review of documentation, Economic Development was able to verify that Green Flash invested$9.1M in equipment and machinery for the brewery. Audit of the Virginia Beach Development Authority Page 9 f Office of the City Auditor ,, __ p.:%i _ Audit of the Virginia Beach Development Authority -c ' r,...0. *1' '-.:,:t.:,'::::-'' In verifying that contribution Green Flash submitted a detailed listing of invoices (and access to them)for$9.1M for the equipment and machinery for the brewery—this was paid by Green Flash and properly verified. However, the remaining $11.2M being claimed for development cost (acquiring the land and building the facility) was not supported by actual invoices or other forms of documentation.The documentation used to verify the $11.2M was a short summary "estimate" of projected costs stated in the Development Agreement. Actual costs incurred were never provided to Economic Development. The VBDA accountant indicated that GF of Va. LLC (The development company Green Flash hired) did not provide actual cost data for the$11.2M and would not provide the full development agreement citing proprietary information. Nevertheless, the full amount of the EDIP was awarded to Green Flash. In addition, the $11.2M development costs were incurred by "GF of Va. LLC", the development company Green Flash entered into an agreement which to acquire the property and build the facility. Note: While the names are similar Green Flash and "GF of Va. LLC" are two separate entities. It should be noted that the award resolution, like most, reads as follows: "that disbursement of ED1P funds by the Authority shall be at the discretion of the Director of the Development of Economic Development of the City of Virginia Beach or his designee(the "Director"), who shall be authorized to require appropriate verification as to qualifying expenditures." This gives the Director of Economic Development total discretion on what to accept as verification for the performance criteria and thus the EDIP policy noted above does not have to be followed. Recommendations: 7.1 Require that the award resolution, in the event a company receives an EDIP award and chooses to utilize a developer or subcontractor, that the contractor must allow the City full access, like the award recipient, to their records needed to verify the capital cost investment as part of the performance criteria to receive the contract. This requirement should be added to the EDIP policies and procedures as well. 7.2 Reword EDIP Part D#3 to require full access to all records supporting the verification of the performance criteria, but allow for the use of sampling, materiality and judgement (discretion) in deciding acceptable verification methodology for each award more like an audit clause. This coupled with the short verification summary report mentioned in recommendation 7.3 will be more reasonable, efficient and congruent with the Director's discretion cited in the award resolutions. Audit of the Virginia Beach Development Authority Page 10 Fo , , Office of the City Auditor f Audit of the Virginia Beach Development Authority 4,, / 7.3 Acknowledging that there are times when flexibility and discretion are needed to promote growth, for accountability and transparency we recommend that a short summary report be prepared by the accountant performing the verification at the time of each EDIP award disbursement, communicating what verification steps were taken and deemed satisfactory and include that in the monthly financial packet presented to the Commissioners. IV. VBDA Meetings Finding 8: Increase viewing options for VBDA Meetings The VBDA meets on the third Tuesday of every month at 8:30 AM. The meeting location is 4525 Main Street, Suite 700, Virginia Beach, VA 23462. Many significant decisions impacting citizens and businesses are made at the VBDA monthly meetings including discussion and votes relating to the issuance of bonds, Economic Development Incentive Program, workforce development, project development, and business development. Currently, unlike City Council or the Planning Commission meetings, the VBDA meetings are not broadcasted to the public either live or taped. Thus, those interested in the discussions and votes conducted by the VBDA must either attend a meeting in person or review the minutes. Planning Viewing Options VBDA City Council Commission Live on VBTV Cox Cable Channel X V V 48 and Verizon Cable Channel 45 Replay on Cox and Verizon X Live on VBgov.com e Stream X page (www.vbgov.com/media) Live on City Facebook page X Recommendation: 8.1 To promote greater transparency we recommend that the VBDA and the City develop a plan to be able to broadcast to the public all VBDA meetings similar to what is being offered for City Council and Planning Commission meeting. Note:The City's Communications Office has already commenced a process to study and implement additional viewing options to the public. Audit of the Virginia Beach Development Authority Page 11 toil k g I) Office of the City Auditor _, Audit of the Virginia Beach Development Authority 4bt V. VBDA Financial Statements Annually,the VBDA prepares financial statements which are audited by an external CPA firm.The results of the most recent audit report were issued by Clifton Larson Allen LLP on November 17, 2017.All prior year audited financial statements can be found on the VBDA website located here: https://www.yesvirginiabeach.com/about-us/Pages/development-authority.aspx. Finding 9: Remit unused CIP Funds back to the City While the scope of our audit was not a financial audit, in reviewing the above referenced VBDA financial statements and in discussion with the VBDA Accountant, we determined that there are at least three CIP projects which are closed or inactive yet have unused funding. The remaining funding for these CIP projects should be transferred back to the City so it can be utilized for high priority projects such as flooding. CIP Project CIP Project CIP Remaining Funding 1 Design of Town Center Pedestrian Bridge across Virginia Beach Blvd. $120,862.00 2 Burton Station $10,496.00 3 ITA Study $88.00 Total $131,446.00 Recommendation: 9.1 The VBDA accountant work with the City Comptroller to promptly return the$131,445 to the City for the above closed/inactive CIP projects. Audit of the Virginia Beach Development Authority Page 12 ;a Office of the City Auditor `~ __ Audit of the Virginia Beach Development Authority “:.,:-,;;;:".- Conclusion The accounting quality for the VBDA is excellent. The recommendations we made will further strengthen the controls over disbursements and procurement.The EDIP procedures and controls concerning the establishment of the performance criteria to receive the EDIP awards and the verification process of that criteria need to clarified and we have offered recommendations to do so. Acknowledgements We would like to thank the Department of Economic Development, the VBDA, and Office of the City Attorney for their assistance during our audit. They were open to our suggestions, requests and recommendations and were very accommodating and worked promptly and professionally with us throughout the audit. Audit of the Virginia Beach Development Authority Page 13 Appendix A FISCAL YEAR 2018 EDIP PAYMENT ACTIVITY GRANT RECIPIENT GRANT AMOUNT DATE APPROVED AMOUNT OF PAYMENT DATE OF PAYMENT Air Station General 80,000.00 4/15/2014 81.00 11/17/2017 Anderson's Home&Garden 150,000.00 7/15/2014 4,428.00 8/23/2017 Bcause LLC 500,000.00 1/16/2018 33,155.00 3/20/2018 234,006.00 5/9/2018 5,446.00 8/11/2017 Cataldo Builders 30,000.00 7/16/2013 5,446.00 2/16/2018 DAO Emerging Tech 100,000.00 4/18/2017 59,517.00 7/19/2017 Fortis Solutions Group 100,000.00 2/16/2016 25,047.00 9/13/2017 7,500.00 10/20/2017 G2 Ops 25,000.00 8/15/2017 7,500.00 2/16/2018 7,500.00 5/15/2018 Haylon Corporation 8,500.00 6/20/2017 8,500.00 12/21/2017 Hermes Abrasive 125,000.00 9/19/2017 29,006.00 4/10/2018 KBH Investments 75,000.00 4/15/2014 61,364.00 10/20/2017 Klett Consulting 35,000.00 2/16/2016 11,666.00 6/15/2018 35,000.00 3/20/2018 Marathon Consulting 85,000.00 7/21/2015 5,000.00 5/9/2018 2,500.00 5/15/2018 Mermaid Winery 38,000.00 9/19/2017 19,898.00 2/16/2018 Mythics 250,000.00 2/21/2017 35,795.00 2/22/2018 184,659.00 3/20/2018 Smartmouth Brewery 20,000.00 12/20/2016 20,000.00 4/10/2018 StarChase 50,000.00 11/18/2014 2,857.00 11/22/2017 4,286.00 5/15/2018 Stock Design 50,000.00 1/17/2017 32,510.00 8/11/2017 17,490.00 8/23/2017 9,223.00 7/19/2017 6,801.00 8/11/2017 3,988.00 10/3/2017 Studio Center Corporation 150,000.00 6/21/2016 10,892.00 11/17/2017 5,263.00 12/21/2017 5,590.00 1/24/2018 1,683.00 2/20/2018 5,751.00 5/11/2018 Urology of Virginia 150,000.00 12/17/2013 75,661.00 11/22/2017 13,000.00 8/23/2017 Valkyrie Enterprises 100,000.00 5/19/2015 7,000.00 5/9/2018 11,000.00 6/15/2018 Wilmik 30,000.00 11/21/2017 12,046.00 2/16/2018 1,028,055.00 .-Grant recipient never received the 8/11/17 payment. Check was cancelled and reissued on 2/16/18. Audit of the Virginia Beach Development Authority 14 FISCAL YEAR 2017 EDIP PAYMENT ACTIVITY GRANT RECIPIENT GRANT AMOUNT DATE APPROVED AMOUNT OF PAYMENT DATE OF PAYMENT Air Station General 80,000.00 4/15/2014 61,809.00 1/18/2017 3,625.00 2/20/2017 Anchor Innovation 55,000.00 9/20/2016 33,000.00 11/15/2016 Anderson's Home&Garden 150,000.00 7/15/2014 22,635.00 8/5/2016 75,976.00 10/19/2016 Avis Budget 50,000.00 6/18/2013 40,000.00 12/19/2016 BN Media 45,000.00 7/19/2016 45,000.00 3/17/2017 Chantel Ray Real Estate 20,000.00 9/20/2016 10,588.00 10/26/2016 Chesapeake Bay Distillery 15,000.00 1/20/2015 504.00 8/16/2016 Fortis Solutions Group 100,000.00 2/16/2016 69,053.00 12/19/2016 Global Technical Systems 125,000.00 4/18/2017 30,937.00 5/12/2017 GovSolutions 20,000.00 12/16/2014 4,997.00 10/26/2016 275,000.00 3/19/2013 154,208.00 12/19/2016 Green Flash Brewing 120,792.00 2/22/2017 Hill Investment Group 20,000.00 7/19/2016 20,000.00 11/16/2016 Klett Consulting 35,000.00 2/16/2016 11,667.00 8/16/2016 Koster American 85,000.00 6/18/2013 18,759.00 6/16/2017 Point One USA 30,000.00 8/16/2016 20,869.00 3/17/2017 743.00 4/27/2017 2,857.00 9/22/2016 StarChase 50,000.00 11/18/2014 1,428.00 3/17/2017 1,429.00 4/20/2017 2,857.00 6/30/2017 33,326.00 2/20/2017 Studio Center Corporation 150,000.00 6/21/2016 15,828.00 5/12/2017 Sussex Development 60,000.00 8/20/2013 3,913.00 9/22/2016 75,600.00 2/2/2017 Taste Unlimited 100,000.00 7/19/2016 9,925.00 4/20/2017 3,435.00 5/12/2017 Urology of Virginia 150,000.00 12/17/2013 74,339.00 2/22/2017 Valkyrie Enterprises 100,000.00 5/19/2015 19,000.00 11/15/2016 989,099.00 Audit of the Virginia Beach Development Authority 15 Attachment A r�`�Q-: -'4' 4L)tfli` , s city of vii girnia _Et ..c11--1 qp - V UafSN p.`�,j5 °F O14 V B3go .com DEPT.OF ECONOMIC DEVELOPMENT 4525 MAN STREET 757-385-6464 SETE 700 FAX(757)499-9894 VIRGINIA BEACH,VA 23462 INTER-OFFICE MEMORANDUM DATE: November 30, 2018 TO: Lyndon Remias, City Auditor FROM: Ronald H. Williams, Jr. Deputy City Manager on behalf of the Chair of the Virginia Beach Development Authority SUBJECT: Response to the Audit of the Virginia Beach Development Authority This memo is the Department of Economic Development's response to the Office of the City Auditor's formal audit of the Virginia Beach Development Authority VBDA. As is noted within the audit report, the VBDA has no employees and relies on the staff of Department for support. The below details outline the planned Department actions to incorporate the findings of the Audit Report. Recommendation: 1.1 The Economic Development accountant in charge of VBDA accounting should update the written disbursement controls to include ACH and electronic check processing. Department Action: • Agreed and Completed. The accountant has updated the procedures manual that explains how ACH and electronic checks are processed. This same manual has been revised to comply with Recommendation 3.1 (see below). Recommendation: 2.1 The VBDA chair or designee, when performing their financial review of invoices, also reviews each prior monthly bank statement to verify the disbursements coming out of the bank account. Department Action: • Agreed. The VBDA chair, Vice-chair, or Treasurer are authorized to review invoices and approve disbursements. One of these officers, or the Director, will review the monthly bank statements. Recommendation: 3.1 Economic Development accountant continue to work with the new bank to implement dual approval prior to ACH transfer. Department Action: • Agreed and Completed. The bank has been contacted and the Project Development Coordinator has ACH transfer approval rights. Recommendation: 4.1 Adopt a written procurement policy that requires persons authorizing expenditures to sign off that they authorize and that it is for VBDA not the City. The authorizing person's signature is verifying that the purchase has met VPPA requirements. Department Action: • Agreed. These recommendations will be accomplished by utilizing the City's already established Procurement Practices, as reflected in the revised bylaws to be enacted by the Development Authority. Recommendation: 5.1 Commissioners should re-vote to approve awards at revised levels when being recommended by the Director of Economic Development. 5.2 The City Attorney and VBDA should work to increase the consistency and clarity regarding the performance criteria as expressed in the EDIP application, the Power Point presentation made to the VBDA and on which they voted, the award resolution, and the VBDA performance criteria tracking system. 6.1 Economic Development adhere to the EDIP Policies and Procedures and remit grant awards only after the criteria are met® specifically the requirement of capital assets being new, not existing. 7.1 Require that in the event a company receives an EDIP award and chooses to utilize a developer or subcontractor, that the contractor must allow the City full access to their records needed to verify the capital investment. 7.2 Reword EDIP Part D#3 to require full access to all records supporting the verification of the performance criteria, but allow for the use of sampling, materiality and judgement is deciding acceptable verification methodology for each award. 7.3 A short summary report should be prepared by the accountant performing the verification at the time of each EDIP award disbursement, communicating what verification steps were taken and deemed satisfactory and include that in the monthly financial packet presented to the VBDA. Department Action: • Agreed. The City Attorney's Office, Development Authority liaisons and other City staff have also been reviewing the EDIP policies and proposed changes are expected to be presented to the VBDA and City Council in January 2019. Recommendation: 8.1 VBDA and the City develop a plan to be able to broadcast to the public all VBDA meetings similar to what is being offered for City Council and Planning Commission meetings. Department Action: • Agreed. Media Communications has been analyzing options for the logistics of being able to broadcast meetings. Recommended options will be considered for implementation in January 2019. Recommendation: 9.1 The VBDA accountant works with the City Comptroller to promptly return the $131,445 to the City for any closed/inactive CIP projects. Department Action: • Agreed. The Comptroller and Principal Accountant have been contacted and will provide guidance on how to return or reprogram unused funding, in accordance with established City policies. The audit report concluded that the accounting quality for the VBDA is excellent, but that the EDIP procedures and process need clarification. The recommendations offered and actions taken will do so. Please accept our appreciation for completing this independent review, as well as for the professionalism displayed by yourself and Chris Ford. RHWJR 0 CO � 0 � (, U O . - N o > 0 0 4- a_ U 4) z 0 Eo �-- o U 0 O � No o TD _ > 0.6 c(J) U = z c)) "E. c3) m> C3 O- D C co < co -0 < p _ c "+"--- U - a� 0 _ C C E O O C o -�- a C C 0 v6o .0oE 4) U w o > 0 0 a) C a) E a) E 0 0 a) 0 a) o � E a) a o a) +E 4) ... — o T:iry E Ti . > C a) a) a a E E o a a) (I) 0) 0 o •U c ..+_ 0 U ,O 0 C N 2. r 0D � _ o 0UC O N 0 a) a 0 _c c � o °® U L L O E a) NO C ! N 0a U L Z No w O 0_ A A A M Nrnrn 0) N C .-6-4` )- U a) >. 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(z Q � U' < _.a0 v) -z U1 Q A A A A A A 4--- O 2 cy) a U Oo ao. 0 o "4"--c O C (1) ♦- v) U ±- U J (./) or y (f) CU O Oa O _c Q -�- O D 0 0 o 00 A , ,,,,...„, , f04 „ s, 1� ;4'.N °..'l `"-,.=-"I' yam' -” CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Application for the 2019 Virginia Dam Safety Flood Prevention and Protection Assistance Fund Grant from the Virginia Department of Conservation and Recreation MEETING DATE: March 19, 2019 • Background: The Virginia Dam Safety, Flood Prevention and Protection Assistance Fund was established to provide matching grants to localities to assist in the development of improvements for flood prevention or protection. This fund consists of monies appropriated by the General Assembly, assessments made on flood insurance premium income pursuant to § 38.2-401 .1 of the Code of Virginia, funds returned in the form of interest and loan principal by recipients of funding, income from the investment of monies contained in the fund, and other public and private funds eligible. These funds are managed by the Virginia Resources Authority on behalf of the Virginia Department of Conservation and Recreation. The applicable restrictions upon this fund require a minimum of a 50 percent project match by the applicant. Public Works has identified an existing project that is eligible to receive these grant funds. Public Works is working to develop a hydrologic and hydraulic model for the Elizabeth River Watershed. The scope of work includes the development of hydrologic and hydraulic models and use of software for drainage basins 17, 18, 19, 20, 21 and 22 within the Elizabeth River watershed. This project is part of a larger effort to update the City's Comprehensive Stormwater Master Plan and evaluate the capacity of its stormwater infrastructure under current and future rainfall and tailwater scenarios — including the impacts of relative sea level rise. ■ Considerations: Grant funds will be disbursed on a reimbursement basis and only after the completion of an approved project. The City has sufficient funding within CIP # 7-027, "Storm Water Management Planning, Analysis, and Inventory," to satisfy the required local match. Applications are due no later than March 29, 2019 and require a resolution requesting assistance from the Fund. ff Public Information: Normal Council Agenda process. • Alternatives: Without assistance from the Fund, the project will be entirely funded with local funds previously appropriated to CIP 7-027 SWM Master Planning, Analysis, and Inventory and will not receive reimbursement for 50% of eligible project expenditures. • Attachments: Resolution; Location Map Recommended Action: Approval Submitting Dep. m - ' •ency: Public Works Engineering I- "i City Manager: 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 FOR THE 2019 VIRGINIA DAM SAFETY FLOOD 3 PREVENTION AND PROTECTION ASSISTANCE FUND 4 GRANT FROM THE VIRGINIA DEPARTMENT OF 5 CONSERVATION AND RECREATION 6 7 WHEREAS, the City of Virginia Beach is eligible to submit an application for up to 8 a fifty percent match of a flood prevention or protection project through the Virginia 9 Department of Conservation's 2019 Virginia Dam Safety, Flood Prevention and 10 Protection Assistance Fund; and 11 12 WHEREAS, the Capital Improvement Project that meets the eligibility for funding 13 is part of CIP # 7-027, "Storm Water Management Planning, Analysis, and Inventory." 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1. That the City Council hereby expresses support for an application through 19 the Virginia Department Conservation to request $157,500 for the development of 20 various models of the Elizabeth River Watershed in order to update the City's 21 Comprehensive Stormwater Master Plan; and 22 23 2. That the Council supports the use of local funding within the existing 24 Capital Improvement Program to provide the required matching funds if the City is 25 awarded a grant from the Virginia Department of Conservation's 2019 Virginia Dam 26 Safety, Flood Prevention and Protection Assistance Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. 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IF , 1 _ Iiii 4 Legend Al at <�lik _�Q� ow , Sub-Basins In Study Area r e• „' �tj� 0 1,750 3,500 7,000 --'7 - Irti �A .a ,\ Feet Prepared by P.WJEngJEng.Support Services Bureau 3/1/2019 X:\CADD\Projects\ARC Files\Stormwater\DCR Grant\DCR Grant Study Area.mxd C CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate Local Vehicle License Revenue to the FY 2018-19 Operating Budget of the Department of Finance for the Costs of the Collection of Local Vehicle Registration MEETING DATE: March 19, 2019 • Background: The City's Local Vehicle License fee is billed and collected by the Department of Motor Vehicles (DMV). DMV charges the City for each license fee it collects and deducts this fee from the amount it remits to the City each month. The Department of Finance will gross up the revenue received for such fees from DMV to include the amount of fees that DMV deducted and recognize as an expense to the City the amount charged by DMV. This is budget neutral from the City's perspective; the actual revenues collected by the City are equal to the City's expenditures to DMV. • Considerations: In FY 2018-19, insufficient funding is available to post these expenditures and account for this program revenue for the remainder of the year. An additional $650,000 of appropriation authority is necessary, and this amount will be offset with a $650,000 increase in fee revenue. • Public Information: Normal Council Agenda process. • Recommendation: Approval of the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departm- 1 Agency: Department of Finance a,w,i___- City Manager 1� 1;Vj: 1 AN ORDINANCE TO APPROPRIATE LOCAL VEHICLE 2 LICENSE REVENUE TO THE FY 2018-19 OPERATING 3 BUDGET OF THE DEPARTMENT OF FINANCE FOR THE 4 COSTS OF THE COLLECTION OF LOCAL VEHICLE 5 REGISTRATION FEES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $650,000 is hereby appropriated, with revenue from local vehicle license increased 11 accordingly, to the FY 2018-19 Operating Budget of the Department of Finance for the 12 costs of the collection by the Virginia Department of Motor Vehicles. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Do:/lkJ / Budget and Management Services City Attorneys office CA14709 R-1 March 7, 2019 +calim r'" . Ft't�.,, ,.�v v CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Accept and Appropriate State Funding from the Virginia Department of Transportation MEETING DATE: March 19, 2019 • Background: The City of Virginia Beach receives funding from the Virginia Department of Transportation (VDOT) annually for the maintenance of roads based on a distribution formula. The General Assembly adjusted the formula for the VDOT Urban Maintenance funding. This action allows for distribution of overweight permit fee revenue based upon eligible lane miles. The City's share of this supplemental payment is $23,263, to be distributed quarterly. Additionally, the revised VDOT reimbursement rates for FY 2018-19 increases the mileage payments for local and collector streets by $1,471 ,553 over the estimated revenue for FY 2018-19. The total estimated increase in VDOT revenue for FY 2018-19 is $1,494,816. • Considerations: The additional $1,494,816 can only be used for work eligible for VDOT urban maintenance payments. These additional funds will be used for the following projects, as funding allows. Of the $1.49 million, $526,250 will be allocated to CIP 2-410, Traffic Signal Rehabilitation II for the following two projects: • Traffic Signal Controller Replacement $176,250 • ITS Fiber Network Expansion $350,000 The remaining amount of additional funding will be directed to the Public Works Operating budget for the following projects: • Traffic Non-Signal Communications $95,000 • Paving an additional 16 lane miles, including segments of First Colonial Road, Newtown Road, and Shore Drive. $873,566 • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works Al City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDING FROM THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. That $526,250 in estimated state revenue from the Virginia Department of 9 Transportation is hereby accepted and appropriated, with state revenue 10 increased accordingly, to CIP 2-410 Traffic Signal Rehabilitation II for the 11 purpose of Traffic Signal Controller Replacements and ITS Fiber Network 12 Expansion; and 13 14 2. That $968,566 in estimated state revenue from the Virginia Department of 15 Transportation is hereby accepted and appropriated, with state revenue 16 increased accordingly, to the FY2018-2019 Operating Budget of the 17 Department of Public Works for the maintenance of roadways. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: q(,) , � Budget and Management Services City Att ey's Office CA14704 R-1 March 5, 2019 I r..Glip r y, A0 CITY OF VIRGINIA BEACH AGENDA ITEM -,/ ITEM: An Ordinance to Accept and Appropriate Funds from GEICO for the Every 15 Minutes Program MEETING DATE: March 19, 2019 • Background: The Police Department has partnered with GEICO for several years in support of the Every 15 Minutes Program. Every 15 Minutes is a two-day program held at local high schools to give students a realistic look at the consequences of drinking and driving. The program includes a mock crash scene complete with emergency first responders, including Police, Fire, and EMS. A select group of students participate in an overnight retreat and then join all of the selected school's juniors and seniors for an assembly the following day. Video footage of the crash is presented to students, and they listen to speakers that have been affected by drinking and driving. GEICO is a primary sponsor of the Every 15 Minutes Program and has provided $3,000 to be used for related expenses. • Considerations: GEICO's sponsorship provides $3,000 to be used for the 2019 Every 15 Minutes Program. The Every 15 Minutes program is not funded through the Police Department's Fiscal Year 2018-19 Operating Budget and therefore it would not occur without GEICO's support. Items funded through this gift include moulage makeup, hotel rooms, t-shirts, and meals. There are two events planned for 2019, to be held at First Colonial and Tallwood High Schools. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depa r I e . - = -ncy: Police Department /...C1., tr./ 91(_. City Manager: ' �*4111 ,1.� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM GEICO FOR THE EVERY 15 MINUES PROGRAM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $3,000 is hereby accepted from GEICO and appropriated, with revenue 8 increased accordingly, to the Police Department's FY 2018-19 Operating Budget for 9 expenses necessary to support the Every 15 Minutes Program, which seeks to provide a 10 realistic look at the consequences of drinking and driving. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: D cam) Budget and Management Services City_ ney daffice CA14706 R-1 March 7, 2019 I coNuEEj'c � +.ssyQ7, ig;i CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Federal Emergency Management Agency for the Virginia Task Force 2 Urban Search and Rescue Team for the Purchase and Maintenance of Communication Equipment MEETING DATE: March 19, 2019 • Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. • Considerations: FEMA has awarded VA-TF2 supplemental grant funding totaling $183,569 to cover the costs related to the required purchase and maintenance of additional communication equipment. These funds are intended to supplement three of the City's current Cooperative Agreements from FY 2015-16, FY 2016-17, and FY 2017- 18. The supplemental funding does not require a local match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval 1 Submitting Department/Agency: Fire Department 4x�l, City Manager: , welt 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE VIRGINIA TASK 4 FORCE 2 URBAN SEARCH AND RESCUE TEAM FOR 5 THE PURCHASE AND MAINTENANCE OF 6 COMMUNICATION EQUIPMENT 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $183,569 is hereby accepted from the Federal Emergency Management 12 Agency and appropriated, with federal revenues increase accordingly, to the FY 2018-19 13 Fire Department Operating Budget for the purchase and maintenance of communications 14 equipment for Virginia Task Force 2 Urban Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ciy#to ey's Office CA14707 R-1 March 7, 2019 [ •--oarfilk. .z� c,s .t', iiSr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds and to Establish Two New Positions to Provide Enhanced Services for Individuals Receiving Behavioral Health Services MEETING DATE: March 19, 2019 • Background: The Human Services Department has received an award of $98,620 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to begin primary care screenings of certain individuals receiving Virginia Beach Behavioral Health services. These screenings will include blood draws, BMI assessments, care coordination with medical providers for at-risk individuals, and results tracking and outcome reporting to DBHDS. • Considerations: In order to meet the requirements from DBHDS, the Department of Human Services requests one full-time Licensed Practical Nurse position and one part- time (30 hours per week) Administrative Technician position. This is a total request of 1.75 full time equivalent positions. First year funding will be used to build out space for the two new positions at the Magic Hollow location, purchase medical equipment, and hire the two positions. In FY 2020, the full award will be utilized for personnel costs. All of the proposed activities in this request are grant funded, so this request does not seek any funding from the General Fund for the two years (FY 2019 or FY 2020). • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Depart - . • gency: Department of Human Services t') City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO ESTABLISH TWO NEW POSITIONS TO 3 PROVIDE ENHANCED SERVICES FOR INDIVIDUALS 4 RECEIVING BEHAVIORAL HEALTH SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $98,620 is hereby accepted from the Virginia Department of Behavioral Health and 10 Developmental Services and appropriated, with estimated state revenue increased 11 accordingly, to the Department of Human Services FY 2018-19 Operating Budget 12 to provide primary care screenings of certain individuals receiving behavioral 13 health services from the Department of Human Services; and 14 15 2) One full-time position (1.0 FTE) and one part-time position (0.75 FTE) are hereby 16 established within the FY 2018-19 Operating Budget of the Department of Human 17 Services to meet the service delivery requirements for the above-referenced grant 18 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ( Budget & Management Services — •rney's'Office CA14708 R-1 March 7, 2019 K. PLANNING 1. CLEAR CREEK HOLDINGS, LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6 — BEACH (Deferred from February 19, 2019) RECOMMENDATION: APPROVAL 2. JANET T. RESPASS & TERESA TATEM for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1965 Gum Bridge Road and an adjacent vacant parcel DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. C AND C DEVELOPMENT CO, INC./ETCPAC, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re lot width, lot area, and parking setbacks at 2508 Pacific Avenue & 302 26th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for a Conditional Change of Zoning from Conditional B-2 Community Business to Conditional I-1 Light Industrial, and Conditional I-1 Light Industrial to Conditional B-2 Community Business at the corner of Corporate Landing Parkway and General Booth Boulevard DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 5. TRADITIONAL CONCEPTS, LLC & VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC. for a Conditional Change of Zoning from R-15 Residential to Conditional R-10 Residential re 13 single-family dwellings and a Modification of Conditions re religious use at 4125 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL .t.,,,e, ta8,.. ..,„.a.t, ? „8,cts.. .... ,i.Aft., . ., 1,..2, .1.:, s / ma :.,, V NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center,Virginia Beach,Virginia, on Tuesday,March 19,2019 at 6:00 p.m., at which time the following applications will be heard: Teresa Tatem & Janet T. Respass [Applicants & Owners] Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)1965 Gum Bridge Road and vacant parcel on Gum Bridge Road(GPINS 2411153657, 2411163397) COUNCIL DISTRICT-PRINCESS ANNE C and C Development Co.,Inc.[Applicant] ETCPAC, LLC [Owner] Alternative Compliance 2508 Pacific Avenue; Southwest Corner of 26" St & Pacific Avenue (GPINS 2428007201. 2428007310) COUNCIL DISTRICT - BEACH Virginia Beach Development Authority [Applicant&Owner]Conditional Rezoning (Conditional B-2 Community Business to Conditional I-1 Light Industrial Conditional Rezoning(Conditional I-1 Light Industrial to Conditional B-2 Community Business) Corner of Corporate Landing Parkway&General Booth Boulevard(GPIN 2415123535) COUNCIL DISTRICT - PRINCFRS ANNE Traditional Concepts,LLC&Victory Baptist Church of Virginia Beach,Inc.[Applicants] Victory Baptist Church of Virginia Beach, Inc. [Owner] Modification of Conditions (Religious Use)Conditional Rezoning(R-15 Residential to Conditional R-10 Residential)4125 Indian River Road(GPIN 1474534410) COUNCIL DISTRICT - PRINCESS ANNE All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances. resolutions and amendments are on file and may be examined in the Department of Planning or online at: httc://ww. For information call 385-4621. /\9 i. 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 (Virginia Relay -Telephone Device for the Deaf). BEACON:MARCH 3&10,2019-1 TIME EACH. A I Oka WE '1:6hr-CNV INFAMIlli. r: 41 L T. ° Ma j 3 = 1-1. T-p- . (1' ° aim A 0 CL Ns 0 4-J 11-". 14 ErA 0 C2 r2 cz, = Ira 1 (9 CO E3 co in° sr 1 T"' I - D Fr IP lie .12--- ce (-----, H rion,L6 i ozo .. \ j' C]:I IN LW 1 '' 0_ 0 : : .-TY- Cti gsr‘lii So <> \ U 0 I 1 mil D \ \ \-----z--- :-Apiie igt,:t5 ge Ins ., nic. - - 07 A 0 m 0 7 i OD --------- .,_---- , I - IX ----- h. \ nr3 0 a o 1 EN 1 - I C) , 1 v•\r" lc./ i 1 0 1 CI • I D a> w 1.- Tr.,. 01 a) a) 0 II 1001 , lij , 0. . 1-4 c-i I 4:01%; iU s� ii L 4 ,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CLEAR CREEK HOLDINGS, LLC [Applicant & Property Owner] Conditional Change of Zoning (R-10 Residential District & I-1 Light Industrial District to Conditional I-1 Light Industrial District) on property located on S. Birdneck Road (GPIN 2417417724), COUNCIL DISTRICT — BEACH. MEETING DATE: March 19, 2019 • Background: This application was deferred by City Council action on February 5th and again on February 19th to allow for additional community outreach. The 4.38-acre undeveloped lot is zoned both R-10 Residential District (along S. Birdneck Road) and I-1 Light Industrial District (on the western portion of the lot). The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. The proposed exterior building materials will include metal panel siding with a vertical raised-seam band along the top of the building, and split-face block CMU water table to add visual interest to the façade facing Birdneck Road. The proffered landscape plan depicts streetscape frontage, parking lot and foundation plantings, as well as the required 25-foot wide Category II landscape buffer adjacent to the residentially-zoned property to the north. • Considerations: In Staffs view, and the Planning Commission concurred, that the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies set forth for both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. Furthermore, the property is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Based on the existence of the easement, while a portion of the property is indeed zoned residential, residential uses are not permitted under the terms of the easement. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There was one opposition letter received immediately prior to the Planning Commission public hearing. The citizen requested that the Planning Commission defer the application and noted concerns regarding public notice, traffic, flooding, Clear Creek Holdings, LLC Page 2 of 2 and the transition of land in the Birdneck Road corridor from residential to industrial uses. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep• • nt/Ag- cy: Planning Department ? City Manager: SAN Applicant & Property Owner Clear Creek Holdings, LLC Agenda Item Public Hearing January 9, 2019 City Council Election District Beach Virginia Beach Request Conditional Rezoning (R-10 Residential& I-1 Light Industrial to Conditional I-1 Light \ lobs`'' AFz1 Soothe.Boulevard Norfd Arrow 70-75 dB'DNL Industrial) \, 1 ‘ 01,1404,1 Staff Recommendation ktfalen�� q.0`' ' ,r NI Approval "+ Prom:we Oran it Staff Planner .«•« \; Jonathan Sanders >75d-DN� ru ` it Location West side of S. Birdneck Road • `..,, roan One GPINirk' 1 2417417724 / Site Size 6 r. v Sha 4.38 Acres AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay , ,:‘•'‘,44111•,:ilr t Rues Existing Land Use and Zoning District k _ A Wooded/1-1 Light Industrial, R-10 Residential10 Deer Creek Dive c°�° '`e/` ° „�� Surrounding Land Uses and Zoning Districts t North Vacant/ 1-1 Light Industrial, R-10 Residential J 3 1 South -- Virginia Beach Animal Care&Adoption Center/ -�•„'�' ; �,, � 1e B-2 Community Business, Conditional I-1 Light ` -�- - ' Industrial ,..‘ ___ ``Ir`" l , East �,> t..0 Park/ R-10 Residential ;' ' p West - v- Wooded/Conditional I-1 Light Industrial ti� Clear Creek Holdings, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject site is zoned both R-10 Residential District on the eastern portion of the lot fronting S. Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. • The 4.38 acre site exists as an undeveloped forested lot. The site is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Each business will need to obtain a determination letter from the Navy to ensure that a proposed use within the building meets the terms of the easement. • Three one-story buildings are proposed with a central drive aisle providing access to parking and loading spaces. One vehicular ingress/egress is proposed along S. Birdneck Road with a large turn-around area and 18 parking spaces. • The proposed exterior building materials will include a split-face block CMU water table, metal panel siding with a vertical raised-seam metal sided band along the top of the building. White roll-up doors and an entrance door are proposed for each unit. • The landscape plan depicts streetscape frontage, parking lot, and foundation plantings. The required 25-foot Category II landscape screening buffer is depicted adjacent to the residentially-zoned property to the north. • A stormwater management area is proposed at the western end of the site. R 10 1-- Rzt� 1. J7 — R .,1A-12 L ' Zoning History __ ` _` , : P_1 # Request — 1 CRZ(R-2.5 and 1-1 to Conditional 11)Approved 12/06/2017 /r�i�% �1 1 s 2 CRZ(R-10 to Conditional I-1)Approved 12/11/2007 • CUP(Bulk Storage)Approved 12/11/2007 1 . ` ' R-10 ` CUP(Outdoor Recreation Facility)Approved 02/09/1987 = - 3 REZ(R-5 to A-1)Approved 07/06/1981 1 ` Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Clear Creek Holdings, LLC Agenda Item 1 Page 2 Evaluation and Recommendation In Staff's opinion, the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies of both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana.The proposed light industrial use will provide low-scale, low-intensity economic opportunities for the area. As recommended by both plans, additional plantings are proposed beyond the minimum throughout the site and along the right-of-way. Based on the considerations above,Staff finds the request to be acceptable and recommends approval subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT-SEATACK BUSINESS CENTER VIRGINIA BEACH,VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN—SEATACK BUSINESS CENTER,VIRGINIA BEACH, VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors& Engineers, Ltd.,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"). Proffer 2: When the Property is developed,the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH)—SEATACK BUSINESS CENTER", dated 10-1-18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, plantings and architectural design and materials. Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes Clear Creek Holdings, LLC Agenda Item 1 Page 3 some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area,AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. In addition, the site is also located within Special Economic Growth Area 1 (SEGA-1)—East Oceana. The Plan calls for development that is sensitive to the neighborhood context while realizing compatible economic development in the area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods from intrusive impacts. Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Birdneck Road 15 798 ADT 1 28,200 ADT 1(LOS 4"C") Existing Land Use 2-289 ADT 30,600 ADT 1(LOS°"D") Proposed Land Use 3-740 ADT 1 Average Daily Trips 2 as defined by one acre of 3 as defined by a 59,500 square foot 4 LOS=Level of Service R-10 and 3.4 acres of I-1 business park zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Birdneck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The existing infrastructure currently resides in an approximate 100-foot right-of-way. The MTP indicates a four-lane facility within a 145-foot wide right-of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site must connect to City water.There is an existing 30-inch City water transmission main along S. Birdneck Road. There is an existing 12-inch City water main along S. Birdneck Road. Sewer The site must connect to City sanitary sewer.There is an existing eight-inch City gravity sanitary sewer main along S. Birdneck Road. Clear Creek Holdings, LLC Agenda Item 1 Page 4 Proposed Site Layout MATCH UNE A—A �� ' °"�° • ��� • �mm , �� , _�V--111% \ , criv RECORD _. - -- '. „.. L,:,... _—_, . –' i •ir UN''A PED DOOR PED OOCIR Immo moms pep Dco,19 pp Dom FTITIM riP1M 2•17-41-6,847 ThIC arr OF MINA IVOI UNIT 31. ZPN1 OA DOM pi ,.N.2004122101110111 CF.ISM '.14.20110506X104611210(R.An ! '' GP.2417-4.1-9430 VarlsA IICA01 Cat 0/}1 DOOR \.M FT-15.75 r._A\ INT lA pa)cow rill FF..15.75 4. 1 vs alio" giEET 1.4) ... - ...-- 1,....„ v.I k.0 I _-. .-- - --------:1------ 0.o-- EXHIBIT m BOWS go— 20050 a'' SEATACK BUSINESS CENTER WON.BEAM MAIM CLEM CIEEK AGLOW&1.-C , Clear Creek Holdings, LLC Agenda Item 1 Page — Proposed Site Layout MATCH LINE B—B +mow0/ DOOR uN,. ,-al FED DDDR Fr-11.50 7.'4.E°1 :411..M6.1.. ivm PED DDDR 3, . 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N MX 11411 154 '. l• Fr=1200 0M D0OR C�• �,1, _— — E i!♦ �` NOW OP FORMERLY \',.•```T- �' • If 0n 0 1221 22'11 ,�`\ ` .w.zoP 400INa'K oM ODOR \\\\ ►14110..O-2-A utr 14A D0��,' - w�� I.w.2a;4-217:7-9141.-1 otlR440004 AN1 ') FF-1250 fAN 2417-A1 94 ZONE Ba G 419/ " ,.. P:D 0032I _ TNI 13A ' J - 2a C/N OMR j 0/l1 DOOR N,. y�.N MT_Af;-vb$ 1141'I2A w M^ 1£ FT=17.50 PIO D032 y 111 ...... N�. C 1g.. .0.- /i PED DOM '"..' SM, cur. -- MT IIA \ 31 1. DM DOOR `\' us F.908 14.5O FrD ODOR ..,i w o.c� . . S E '._,m - MN OF e C YL-RANDS .Z 8 EMM \\ • T\ �.. Ell SA OM 0002 �� } . l A .R•. ii R.4._.. x 7-40817 rar WALE,:.. • `�\��\Y .. 'd — UNI 64 0/R ODOR \\ .1 P` i.'4 • DM coop rLR•11� TT c 7SW PED=II MATCH LINE A—A Y. C2 Clear Creek Holdings, LLC Agenda Item 1 Page 6 Proposed Site Layout ....-2--....._ . 70T0050(:0! Proposed Landscape Plan MATCH LINE A—A 4. ,,E; 10. 1 ;1 ! w n,A I NO ilk pt.., _ ,... d� 4i i- I—;y15-1 S1I IJep r n s I 1 ._r.y . ,.II E 11 i /1 T6-3 r., . i9 U' T4-7 I ' 11K .Plgr- .: 15-1 0 15-1 � II flit),, 1 4141 K 73-2 55-34 111 72-3 Tf-f \ ilif S7-27 - ' A.; pecFosFr ` n-1 vnu u mi F • 'd St O y of t`` / s'' . !14 + I, f w ' iiel ; .r:_ ,,,..;;...;4_:_........._.r_.0,a iMXY-f X6 s3,,, , immonium,.,.. ......!..,:„.,?..,,, .:,:,,i,:.87.4 2 0 I y.i. ,i0,,,c....- .. l. M tam LANDSCAPE PLAN 00 SouTM 3, '' SEATACK BUSINESS CENTER GIFM GREEK HOLDINGS,L., OPE1' E I MP3 SE"3.43M 26.73'8 GMLUP ,•.30 7�r E ' ,.� ,,E E',�; .0 I V4 Ll Clear Creek Holdings, LLC Agenda Item 1 Page 8 Proposed Landscape Plan MATCH LINE B—B II 11 y=xju7Y,/ • • T8-1 , , - 73_1 1 T�81p- 111) .I . 241 III 90F Or fORN'RI" o '.N.7i:"oC5C9000466710) N ,.'N A WI 10440 - 4t 11 NK I N - N 0 .C4.:NB alts: � \\ " 11' 1.:4,7-41-1'112 \\ Jt.l S 11 MVEi f. „1 II. yII o; • 15-1 't' \ ,,I ;,nI k� - li!b ti AA .110 r 9UI1IyC C ik MT FC 1 II 11 • J{ ;w 11 ` r 11 1 li ...VINNµ Ali AV g.£ I1 _ 155-! 51 111 II L� F.' ��� ..�. ___ -_'ll 1 µl 1I 111 NCR CM CCR•A_RI.t �i C NRRZ ]INtLS : �` i`�'1 IV SI VB.R t%4 Al I6A �\� a Y '' 4I It R.`I 1 70F::R 13.1 I 11 • • �.0 11 II 411111 I JµI IY. 15-1 .IP15-I _ _ NOF 3 FOI IMY TUC CIT'Or`AYOIN BEAM s \�, I T4-1 43 J.II 7 J0.11 Ill 0, . ry-n 17 . 100 til J11T ISh ! 111-3 JO 1^A, • a • �\ All 1't - L 15-! I • .t ) T4 3 uvJ V NA C °� 13-3 L ___ 40 Jd B. ,�� t . 1 G ppp . / g MATCH LINE A—A 7NQTY. L2 Clear Creek Holdings, LLC Agenda Item 1 Page 9 Proposed Landscape Plan (I.\ 201305C3CCO'57,'* - - '1J,LH ( YNRi:1 • — £,r 1-4% Lnl'F:,L. x .-ear::acrerai cs , O., \ t .:PaCl: a Uma .k • • %- @w Y x r.x c .aI • a •-, MINOSEED • I SEmipx - - - - frulLOG DOW I I . ....:YY.IG"r. . Jq i %g4. I ]r. CC-.CJ; ='- t r I.- 1 •Wek Ie a • o u I.-, o 4r ' KN-nv Proposed Landscape Plan BIRDNECK OFFICE PARK PLANT MATERIAL SCHEDULE ABBE BOTANICAL NAME COMMON NAME SIZE REMARKS TREES II ominous phellos Willow Oat 2"-2.5•'caliper Specimen/single stem 12 Certs canademos Eastern Ralbud R-10 h1 Multi-stem T3 Magssdis viinnime Sweetbay Magnolia r-l0 hl Multi-stem 14 Nyssa sylvan. Bitch(num 2'-2.5'Wiper Specimen/single sten 15 Platens ecenlblim Laden Plane 2' 2.5`caliper Specimen!algia nem T6 Rex Kn. Amanias Holly 10--12'ht Specimen/angle Ran SHRUBS SI Ligussmn'Suwmmlr Hire Suwannee River Liglsltum 3 gallon cum. Con.hedge in Qom,mulch bed(a'3'oc 52 Pitmsspsrium h1Qjo Mojo Pinossponum 3 gallon tom. Cont.mass io can.mulch bed rE'.3'oc S3 Rum'Apricot Drill' Apricot Drill Rum' 3 gallon cam. Cont.ens m curt mulch bed ti4 Ilex s7smiloss'Nana Seim f Ings. Dwarf Yasgon l leant)• 3 gallon coo. Com mass m coot mulch bed @ Yoe S5 Ben mos Hine Pru oess Blue Prioress Holly 5 gallon cam. Coot hedge in eon mulch bed*Soc 56 Bylining.'Uusmbghe Hyd.limelight 3 gallon cast. Cone mass m cat mulch bed CO 4'oc S7 Box semina•hurfordi nano' Dwarf Hurford I lolly 3 gallon too. Can hedge in eaumulch bed Lt'hoc PERENNIALS P5 Hemesocailis'happy Rami, Happy Return Daylily 2 gallon cont. Can mus in went mulch bed 2'oc Pia Inlanallma v.aro • (7571455-3412 17571 455 7555 - .-•' Seatack Business Center b4.,1 hamra M,0,1 ILr ei M Va Both 7m73 PI FOR LEASE 17 5 IS FREE STAND,NG 1111000 SIGN D F tIQ7 Y. L4 Clear Creek Holdings, LLC Agenda Item 1 Page 11 Proposed Elevations - .---, .• 1 1 -'-=1-'kf:• • ',' i :3; '-'. 1 •., . c , i -- - ? ---i. ,.. , \I . ., , . . , . ,., „I d (IJ . 1-- . i , - • 1 ' :• - 1 ', ko ,_ ' • . - J) 71- \ -L'if , ji _, l• ' -r ' ,.0-,5-;- .91st . J i± 1 ,v7zmr ' I ' i 1 2 f , ri th' 0 .. , Clear Creek Holdings, LLC Agenda Item 1 Page 12 Proposed Elevations .-- „ 1 •-• ,., 1 , i , qt , t 1 1 1 1 z•, I U ..,.., ,,,s, _ ( - wog -;-- ,. • ,,,.. ‘-,- - 1 I i il ,• 1 ',1 _ 1 I-• . f e J I li tu IT) inn i i 'Nil& T 11 2 MIN I: -1 PIS 44' c*1 _le-..if, •-,: 1 i.111 --1it) stl 1 _i - 111111 <1 , 1 ----------A.-... 1 1 13 , i I ii: 1 -11 ' ,, '-,-- .< If ii)liii ii) I it c .,( 7 , 1 I !.- i 4 1 1 t , r . ' i l' Clear Creek Holdings, LLC Agenda Item 1 Page 13 - — — . Rendering a t — i : i c .a _ „i d r e a 7 Th. a a � II I C 0 �_ A r J t { 1 3 i F ;r.1 2 H on 7' 4. ,a5 .a,ai_. Q „!y .}� lit N I K• Fr?. 0 iI I, ICS U/i• .:4*, fYilOP *-;iiik,',..,. Clear Creek Holdings, LLC Agenda Item 1 Page 14 Rendering -ll .,,. p IUHUII (`— t , I 111111 o ^ , w a 4' (i 1 '1 . MI I 1 -: 4. . a � I, o 4E" . Ala i ,o- ' ,97si { 3 ; s 11111111 : -� rI III I n semi 1i CI 11!i- 11110111imm r _ — Z �5 lI an L �_: � "(1111 � � . , CC : 31 40111111 UN`Fa a10 ' > .---9 .1 . i ,4. - 11's. Clear Creek Holdings, LLC Agenda Item 1 Page 15 Proposed Sign >ROPf R?V OF W Cultai 37 SIGN CIINONWel 5:" O 2628]n..0..n W ren r....Vs 23452 PNane t, (757)486-3412 000 rat: (757)486 7658 t Mal 'Psm Seatack Business Center CARDN/L6CA COM cram. Seatack Bus,ness Center R.an Lot alma: Birdneck Rd . PI:MED IES eu DWG SV174.5 Va Beach SADDLE raN 28173 R2 D..rv,. zh FOR LEASE SPL,MIGEO 13.00,Jerry Phelps _ - _.._�_.. -_ ParNn[o SW aria MIueae Scala Data: 12-6 18 FREESTANDING LIGHTED SIGN 0/F Clear Creek Holdings, LLC Agenda Item 1 Page 16 Site Photos =:....,•'.v.:''..„," 2,,?..,...*.ji,-j...,7,-.;.....:.' 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'==i , '_ , .s---_• 4 — • - - • Clear Creek Holdings, LLC Agenda Item 1 Page 17 Disclosure Statement V3 \1, 1L1 RPr, 11 APPLICANT'S NAME Clear Creek Holdings, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 3 cS Jonathan Sanders Clear Creek Holdings, LLC Agenda Item 1 Page 18 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT_!S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Clear Creek Holdings, LLC If an LLC, list all member's names: Lawrence Kurtz, Sole Member/Manager 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 ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 19 Disclosure Statement • Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) t.ist the businesses that have a parent-subsidiary l or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2 2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 20 Disclosure Statement APPLICANT Virginia Beach YES] r NO SERVICE PROVIDER(use additional sheets if needed) XXn Accounting and/or preparer of Rip Walters,CPA your tax return X Architect/Landscape Architect/ Covington Hendrix Anderson Land Planner Architects Contract Purchaser(if other than C the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed • Xpurchaser of the subject property (identify purchaser(s)and li purchaser's service providers) Construction Contractors Mike Lanning ▪ CEngineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(include current mortgage holders and lenders Ei selected or being considered to provide financing for acquisition or construction of the property) l5\ Legal Services Sykes.Bourdon,Ahern&Levy,P.C. , Real Estate Brokers / John Katsias XAgents/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 Clear Creek Holdings, LLC Agenda Item 1 Page 21 Disclosure Statement VB. Virginia Beach _sur LI IFICATION: y that all of the information contained in this Disclosure Statement Form is te,true, and accurate. rstand that, upon receipt of notification that the application has been led for public hearing, I am responsible for updating the information ed herein two weeks prior to the Planning Commission, Council, VBDA g, or meeting of any public body or committee in connection with this ation. e= • •••1. --_ B : -._sir _ Lawrence Kurtz, Manager 16/1/12 T S' 1 R PRINT NAME DATE _________ It Page 5 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit 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. Clear Creek Holdings, LLC Agenda Item 1 Page 23 Item#1 Clear Creek Holdings,LLC Conditional Rezoning (R-10 Residential& I-1 Light Industrial to Conditional I-1 Light Industrial) South Birdneck Road District—Beach JANUARY 9,2019 CONSENT Ms. Oliver: The next order of business, we will address those they have been placed on the consent agenda and the vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you madam chairman. This afternoon, we have four items on the consent agenda. The first matter to be heard is item number one. This is an application for a conditional rezoning R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road approximately 680 feet from Carissa Court in the Beach District. Do we have a representative? Mr. Bourdon: Thank you madam secretary. Madam chair for the record Eddie Bourdon, Virginia Beach Attorney representing Clear Creek Holdings, LLC. We appreciate this item being on the consent agenda as we worked diligently with your city staff on this request and have provided answers to the questions that were raised in the informal this morning about access and parking and my client will be putting in wheel-stops as you suggested. Thank you very much. Ms. Oliver: Thank you. Ms. Rucinski: Thank you, so this is going to be reviewed by Commissioner Redmond. Mr. Redmond:Thank you. This is an application of Clear Creek Holdings, LLC for conditional rezoning from R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road. The subject site is zoned both R-10 residential district on the eastern portion of the lot fronting South Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to conditional I-1 Light Industrial in order to construct three buildings, that you see them there, that will contain 38 industrial office and warehouse units. The site is about 4.3 acres and sits on an undeveloped forested lot. It is also located in the Accident Potential Zone 2 and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. So each business will need to obtain a separate determination letter from the Navy to ensure that its proposed use in the building meets the terms of the easement. There was some discussion this morning about the number of parking spaces, the 1 appropriateness of the number of parking spaces. The applicant helpfully provided some additional data that we did not have this morning. The total number of parking spaces will be 119, 18 of those spaces will be in the front, loading space in the rear and approximately 100 parking spaces in front of or along the open space internal to the center, so which comes out to little over three parking spaces per unit. The commission is unaware of any opposition to this application, the staff recommends approval. The Planning Commission, therefore, concurs by consent, thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS: 1. When the Property is developed, the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH,VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH) — SEATACK BUSINESS CENTER", dated 10-1- 18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu,raised seam metal paneling and white overhead doors. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code. 2 ��4cOlh'BFAc 0 �" G� > CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE sem.. a+r 4,94 _\ 9 0 "O UDR~N ASTONS In Reply Refer To Our File No. DF-10145 DATE: January 25, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: .B. Kay Wls• 6ri DEPT: City Attorney RE: Conditional Zoning Application; Clear Creek Holdings, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 5, 2019. I have reviewed the subject proffer agreement, dated September 28, 2018 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: Nancy Bloom CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of September, 2018, by and between CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain piece or parcel of land located in the Beach District of the City of Virginia Beach, containing 4.384 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-io Residential and I-1 Industrial Districts to Conditional I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the GPIN: 2417-41-7724-0000 PREPARED BY: JJ SYK£S.POURDON. ON All£RN&L£VY.P.C. Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE,the Grantor, its successors,personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning, site plan,building permit,or subdivision approval,hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the vehicular access,landscaping,building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets Ci through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH, VIRGINIA" (Li through L4), dated September 26, 2018, prepared by Gallup Surveyors&Engineers, Ltd.,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW"and"BACK VIEW(SOUTH) — SEATACK BUSINESS CENTER",dated PREPARED BY: lajt Slits.ROUDON, 10-1-18, prepared by Covington Hendrix Anderson Architects, which have been exhibited MI AtIERN&LRVY.P.0 to the Virginia Beach City Council and are on file with the Virginia Beach Department of 2 Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-io Residential and I-1 Industrial Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia PREPARED BY: Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, SYKES.BOURDON, including the authority (a) to order, in writing, that any noncompliance with such MI AHERN&LEVY.P.0 conditions be remedied, and(b)to bring legal action or suit to insure compliance with such 3 conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: S B SYIES.BOURDON. AIIERN&LEVY.P.0 4 WITNESS the following signature and seal: Grantor: Clear Creek Holdings, LLC, a Virginia limited liability company By: (4.-..\ (SEAL) Lawrence rt , Manager/Sole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of October, 2018, by Lawrence Kurtz, Manager/Sole Member of Clear Creek Holdings, LLC, a Virginia limited liability company, Grantor. _>4.:4-/e// 1 f Notary Public My Commission Expires: August 31, 2022 a• H. Notary Registration Number: 192628 `•� 00M0iV 00 r o TOL, rPUBOCI PREPARED BY: an SYKES,BOURDON. MI AHERN&LEVY,P.C. 5 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situated near Virginia Beach, in Seaboard Magisterial District (now assessed for tax purposes on the land books, under Lynnhaven Mosquito) in Princess Anne County, in the State of Virginia, beginning at a pin in the West side of Chatham Road (also Known as State Highway No. 637), where the dividing line between the property now or formerly belonging to Grayson Whitehurst and the property now belonging to Dianna Sharp intersect the West side of Chatham Road; thence running N 84 degrees 51' W 1013.38 feet to a pipe; thence running N 5 degrees o9' E 200.64 feet to a pipe;thence running S 84 degrees 51' E along the line dividing the property hereby conveyed from the property now or formerly belonging to Norman Williams, 961.74 feet to the West side of Chatham Road; and thence running S 9 degrees 17' E along the West side of Chatham Road 207.2 feet to the point of beginning. GPIN: 2417-41-7724-0000 H:\AM\Conditional Rezoning\Clear Creek Holdings\Proffer Agreement.docx PREPARED BY: KU SUB.I:S.BOURDON. AMIN&LEVY.P.C. 6 J �f 1,/ ,: I ( / ,r ; • 1 it 's t�°'.0.1, ,AL1 , , f g6 s // ! 4 ff i4l I F7 :1,1P 40'0.0 /: °411% 2„cs _ N 1 titi 4 r., i i i:.ii r • No/ e0 /Alb, /1 kti ts 1 i 6,.. f r { r 11 ihk1/4 9 41111 1 f 1 I,7 1' i 1 I'04 P ,wd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JANET T. RESPASS & TERESA TATEM [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations), on properties located at 1965 Gum Bridge Road & adjacent parcel to the east, (GPINs 2411163397, 2411153657). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: March 19, 2019 • Background: Prior to 1970, the 7.89 acres subject to this application, as well as other land along the southside of Gum Bridge Road, was under the common ownership of James T. Tatem. Upon his death in 1970, a last will and testament was executed that distributed the land to 13 heirs and a partition plat was recorded without the benefit of a review by the City of Virginia Beach. Seven parcels to the east of this property, also under the same ownership of James Tatem and part of the same partition plat, were subject to a Subdivision Variance approved by the City Council on January 15, 2019. The result of that variance was a reduction from seven to five lots. This request of Janet Respass and Teresa Tatem, granddaughters of Mr. Tatem, if approved, will result in a reduction from three to two lots. One of the two proposed lots will meet all dimensional requirements of the Zoning Ordinance; however, proposed Lot C-1 is depicted with a lot width of 107 feet rather than the 150 feet that is required. Based on this, a Subdivision Variance to lot width is requested. Lot C-1 will be one acre in size and Lot 6-A will be 6.80 acres in size. • Considerations: This proposed request for a Subdivision Variance to lot width has similar circumstances to other variances approved by the City Council over the years. It was not uncommon from the 1950s to the mid-1970s to have land improperly subdivided by deed or by a partition plat in order to fulfill the terms of a will. This request in particular will lead to the reduction in the number of parcels from three to two. Until recently, all three of the existing parcels were under common ownership. During that time, a garage was constructed that straddled the property line between two of the lots. The proposed lot configuration will adjust this line placing the garage entirely on one lot as required. The existing single- family dwelling that is located on what will become Lot C-1 is proposed to remain and is set back approximately 50 feet from the right-of-way. The location of the dwelling meets the current front yard setback requirement. Janet T. Respass & Teresa Tatem Page 2 of 3 Any stormwater management (if needed) for this single-family development would be minor and could be easily accommodated onsite based on the size of the lots — one acre and 6.80 acres. The construction of new single-family dwellings in the Southern Rivers Watershed disturbing less than an acre are exempt from the Stormwater Management Ordinance (Appendix D, Section 1-4.E.3). During site plan review, Staff will review the drainage plan to ensure that stormwater from the site is conveyed to the right-of-way or other conveyance system. If no conveyance system exists, sites are required to provide onsite storage of stormwater. In essence, if the stormwater can be directed into an adequate conveyance system (ditch, drop inlets, etc.) then onsite stormwater management facilities are not required. The site is located outside of the Special Flood Hazard Area and the Base Flood Elevation in this area is three feet. The ground elevations near Gum Bridge Road where the existing dwelling is located and where the proposed dwelling will be constructed range between five and 6.50 feet, again outside of the Special Flood Hazard Area. The closest section along Gum Bridge Road within the Special Flood Hazard Area is east of the site nearly 3,000 feet or more than half a mile away. According to the applicants, neither they nor their parents have experienced any flooding on the property in the 58 years that they have lived on the site. Despite this, Condition 3 below is recommended that would require the new dwelling to be constructed with a minimum finished floor at an elevation at least three feet above the Base Flood Elevation or three feet above adjacent grade, whichever is greater. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION EXHIBIT OF LOTS 6, 7 & C as shown on PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL (M.B. 85, P. 23)," dated 11/29/2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lot 6-A is developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character of the home depicted on page 7 of this report entitled "Proposed Elevation,"which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The residential dwelling constructed on Lot 6-A shall have its lowest finished floor at an elevation at least three (3) feet above the Base Flood Elevation or three (3) feet above adjacent grade, whichever is more. Janet T. Respass & Teresa Tatem Page 3 of 3 4. Prior to obtaining a building permit, Lots 6-A shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/- ! -ncy: Planning Department 4 20� City Manager: Ili Applicants & Property Owners Janet T. Respass &Teresa Tatem Agenda Item Public Hearing February 13, 2019 City Council Election District Princess Anne Virginia Beach Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) Staff Recommendation I Approval 1 a ID Staff Planner & Bill Landfair ., �° i I a g r Location a 1965 Gum Bridge Road &the adjacent parcel to f the east GPINs 2411163397 & 2411153657 Site Size 7.89 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District - M1r ,,jr ' Single-family dwelling, cultivated fields/AG- ` ~ r��a^ , 1/AG-2 Agricultural 'I' f F S v• fir.` Surrounding Land Uses and Zoning Districts `0• r f' . `` ' North = #'b': '` r Gum Bridge Road Single-family dwellings/AG-2 Agricultural ..- South ;= ,. , Cultivated fields/AG-1 Agricultural ft- East - Single-family dwelling, cultivated fields/AG- 1/AG-2 G 1/AG-2 Agricultural ` ` ' " , 1' West 4 Single-family dwelling, cultivated fields/AG- 1/AG-2 Agricultural `"� ••.� . Janet T. Respass&Teresa Tatem Agenda Item 1 Page 1 Background and Summary of Proposal • Prior to 1970, the 7.89 acres subject to this application, as well as other land along the southside of Gum Bridge Road, was under the common ownership of James T. Tatem. Upon his death in 1970, a last will and testament was executed that distributed the land to 13 heirs and their spouses. Adjacent parcels 1—5 and A and B, that were also under James T. Tatem's ownership and were part of the same partition plat, were subject to a Subdivision Variance approved by the City Council on January 15, 2019.The result of that variance was a reduction from seven to five lots. This request of Teresa Tatem and Janet Tatem Respass, if approved, will result in a reduction from three to two lots. • A partition plat (Map Book 85, Page 23)was recorded in 1971, which divided the land amongst the heirs, but without the benefit of a review by the Planning Department. As such,the partition plat, while recorded, did not meet the requirements to properly subdivide the property. The subject sites were depicted as three parcels (Parcel 6, Parcel 7 and Parcel C). Parcel C Parcel 7 c b val Z¢ Parcel 6 F v • At the time the partition plat was recorded, the property was zoned A-R Agricultural Restricted District. Parcel 6 met both lot area and lot area requirements; however, Parcel 7 and Parcel C were deficient in lot width. • The applicant now proposes to resubdivide the site from the three parcels depicted on the partition plat into two parcels. Proposed Lot 6-A would be 6.88 acres in size and have a lot width of 150 feet, thus meeting all the dimensional requirements of the Zoning Ordinance. Proposed Lot C-1 would be one-acre in size and have a lot width of 107 feet as opposed to the 150 feet that is required, and therefore would require a Subdivision Variance. / Proposed Lot C-1 Proposed Lot 6-A z v Janet T. Respass &Teresa Tatem Agenda Item 1 Page 2 Required Proposed Lot 6-A Proposed Lot C-1 Lot Width in Feet 150 feet 150 107* Lot Area in Acres 1 acre 6.88 1.00 *Subdivision Variance to lot width requested • The existing single-family dwelling that is located on what will become Lot C-1 is proposed to remain. Until recently, all three of the existing parcels were under common ownership. During that time, a garage was constructed that straddled the property line between Parcels C and 7. The proposed lot configuration will adjust this line and alleviate this issue by having the garage on one lot. • A new single-family dwelling is proposed to be located on what will become Lot 6-A. The submitted elevations depict a two-story structure with a side-loading garage, front porch and dormers. Primary exterior building materials are depicted as board and batten vinyl siding and cedar shake shingles. • The Base Flood Elevation in this area is three feet. The ground elevations near Gum Bridge Road where the existing dwelling is located and where the proposed dwelling will be constructed range between five and 6.50 feet, outside of the Special Flood Hazard Area. The closest section along Gum Bridge Road within the Special Flood Hazard Area is nearly 3,000 feet away, east of the site. According to the applicants, neither they nor their parents have experienced any flooding on the property in the 58 years that they have lived on the site. • 1 f �` Special Flood Hazard Area J♦. • Single-family projects in the Southern Rivers Watershed disturbing less than an acre are exempt from the Stormwater Management Ordinance (Appendix D, Section 1-4.E.3). During site plan review, Planning Department engineers in the Development Services Center will ensure that stormwater from the site is conveyed to the right-of-way or other conveyance system. If no conveyance system exists, sites are required to provide onsite storage of stormwater. In essence, if the stormwater can be directed into an adequate conveyance system (ditch, drop inlets, etc.) then onsite stormwater management facilities (SWMFs) are not required. Janet T. Respass &Teresa Tatem Agenda Item 1 Page 3 A © <-3 �f ,Ii ,#i '116:41?-144147464-,4,; ��% � � ,a AG-2 pi*, , Zoning HistoryIlli,1 I fl ...i: # Request 1 SVR Approved 01/15/2019 o t Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This proposed request for a Subdivision Variance to lot width has similar circumstances that Staff has encountered over the years. It was not uncommon from the 1950s to the mid-1970s to have land improperly subdivided by deed or by a partition plat in order to fulfill the terms of a will. This request in particular will lead to the reduction in the number of parcels from three to two.The site is located outside of the Special Flood Hazard Area and any stormwater management (if needed)for this single-family development would be minor and could be easily accommodated onsite based on the size of the lots. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Janet T. Respass&Teresa Tatem Agenda Item 1 Page 4 Recommended Conditions 1. When subdivided,the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION EXHIBIT OF LOTS 6, 7 & C as shown on PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL (M.B. 85, P. 23)," dated 11/29/2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lot 6-A is developed,the residential dwellings constructed shall have architectural features and appearance of like quality and character of the home depicted on page 7 of this report entitled "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The residential dwelling constructed on Lot 6-A shall have its lowest finished floor at an elevation at least three (3)feet above the Base Flood Elevation or three (3) feet above adjacent grade, whichever is more. 4. Prior to obtaining a building permit, Lots 6-A shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Rural Area." Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life, sustaining natural resources for future generations and managing rural area development and design. (p. 1.127 - 1.128) Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.The site is currently under cultivation. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Gum Brid e Road No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 2—85 ADT g 11,100 ADT (LOS 4"E") Proposed Land Use 3-20 ADT lAverage Daily Trips 2 as defined by 7.88 acres of 3 as defined by two single-family 4 LOS=Level of Service agriculturally zoned land dwellings and one single-family dwelling Janet T. Respass &Teresa Tatem Agenda Item 1 Page 5 Public Utility Impacts Water City water is not readily available to the site. A private well may be installed with Health Department approval. Sewer City sanitary sewer is not readily available to the property. A private septic system may be installed with Health Department approval. Janet T. Respass&Teresa Tatem Agenda Item 1 Page 6 Proposed Site Layout peo�1 Pi48 447.0 0 0 Ql 0 Q 0 a 0 0. 2_ Janet T. Respass&Teresa Tatem Agenda Item 1 Page 7 Proposed Elevation _ —_ 7 -- _ _ lull •.0 nue In _ _ — II::illll '� — III __ ' 11111 III11 11111 �111w I 1 IIII::IA _ ;mu�nt�lS - ..���E!! 1■IIlii II11111. - r y' __ _ »- K .411�1�p 1 1�1 1 IIIIlllml _ _ _ _ _ _ -_ _ Y III if Illi El - !! 111114. .. -1;1�m '1,1L' m i='- -■■ ■■'- — iiii��iiii 1#1 111 1 1 1 111 I■■Ili tl I I 1_I�111 11111 I I 1 1 1 � 1 1 1 1 1 1 ill IIIII III l 14"" m11 �111 fin ■■ ■1111111111 nn,m m�11�i�ulIIl liii" mII n1 11111 IIII 1111 I ■■ I .._ in 11111■ ■■ 1111111 1 fw1 I 1mI ■■ ■■ -Imlmrm 1 ■■ ■■ — I ■■ 1 IIII��IIII 7iyi 11 *I'1 1�1 1111 ■■ ■■ -1 IIIIII�I�I 11 IIII■■ ■■IIII •.■ • ..l• .. ■i■■ m � 1 lI �I�1 i1n11i1�1(— IIII ill I „1� 1 W i;;11�11.1'� L.. ■■ ••..�. I I 11 II S• �,:... I VIII I I�I�11 I I11'll I"11111 m��1�11111 II" ;111{�1j� e 1 m.m '� �1 1 I m11 11111,1 `j' i111 1 ='im �':4�1'1�'m'I 1 ,iillelrtiii �� ..11ll'IIII�IIIIIII ! I� ■ IIIIIIII� �in�1�11�� i•1 Imuq'�1�ii�I1��t Janet T. Respass&Teresa Tatem Agenda Item 1 Page 8 Site Photos - :-,---:0,'- r lt \ 2 -- ! k -:. -...;•:-. :•,..4„4.);:ic.,0-10,-,-.., •_ ,, • , , . ‘., .. , .,. , .... - •,� .��. -}. Ali .- a, .. �tL t �J „ Y+.` .,.. .;wefir . -- 4, I \ s , ----_-' _ ' -: '_-. ' ,L ' -, i 7 �- Janet T. Respass&Teresa Tatem Agenda Item 1 Page 9 Disclosure Statement VB Virginia Beach APPLICANT'S NAME Janet T. Respass &Teresa Tatem DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY j All 0,5 lasures must be update()cvo, Page 1 of 7 Planruna Commissior,and City Council meeting that pertains tc,' ID APPLICANT NOTIFIED OF HEARING 'TF Er NO CHANGES AS OF -MI°I tilt SQL William Landfair o REVISIONS SUBMITTED Janet T. Respass &Teresa Tatem Agenda Item 1 Page 10 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT /S 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 f SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Janet T. Respass&Teresa Tatem Agenda Item 1 Page 11 Disclosure Statement NIB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.. See State and Local Government Conflict of Interests Act.Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Janet T. Respass&Teresa Tatem Agenda Item 1 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of E.C. Beacham&Associates your tax return =' ❑ Architect/ Landscape Architect/ Progressive R&D Land Planner C 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) ❑ Construction Contractors Professional Custom Remodels, LLC -1 El Engineers /Surveyors/Agents Fox Land Surveying Financing (include current ▪ �T mortgage holders and lenders 1 selected or being considered to provide financing for acquisition or construction of the property) Legal Services Kevin Branick 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 ❑ 7 an interest in the subject land or any proposed development rt 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 Janet T. Respass&Teresa Tatem Agenda Item 1 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap ication. N -j 1.32CC11 J PPtICANT'S SIGNATURE PRINT NAME J ATE Page 5 uf Janet T. Respass&Teresa Tatem Agenda Item 1 Page 14 Disclosure Statement \TB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) F_1 nAccounting and/or preparer of Morris Feelon I I your tax return /\ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1=1 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) ElConstruction Contractors 111 // Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Kevin Brunick Real Estate Brokers / J� 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 Janet T. Respass &Teresa Tatem Agenda Item 1 Page 15 Disclosure Statement Virginia CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. \YPr �k ief'�1 Li-to e + ` APPLI •NT'S SIGN• RE PRINT NAME D E Page 5 of 7 Janet T. Respass&Teresa Tatem Agenda Item 1 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit 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. Janet T. Respass&Teresa Tatem Agenda Item 1 Page 17 Item #1 Teresa Tatem & Janet T. Respass Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 1965 Gum Bridge Road District—Princess Anne February 13, 2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Thank you. The next order of business we will address those that have been placed on the consent agenda and the vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you Madam Chair, this afternoon. We have three items on the consent agenda. The first matter is agenda item number one, Teresa Tatem and Janet T. Respass, which is an application for a subdivision variance, section 4.4B of the subdivision regulations on property located at 1965 Gum Bridge Road and the vacant parcel of Gum Bridge Road and this is in District Princess Anne, do we have a representative for that, hello can you state your name for the application? Mr. Thompson: Yes, ma'am. My name is Brett Thompson. I'm an attorney with Thompson Law Group and I'm representing the land owners/applicants. Ms. Rucinski: Okay. Are the conditions acceptable? Mr. Thompson: They are, yes ma'am. Ms. Rucinski: Okay, thank you. Do we have any opposition to this matter being placed on the consent agenda, alright hearing none; Don Horsley is going to review that one for the record. Mr. Horsley: Thank you, I thought that maybe we skip to over that, I am sorry. Ms. Rucinski: Sorry. Mr. Horsley: Prior to 1970, there was a little less than eight acres that were under the ownership of James T. Tatem. Upon his death in 1970, his last will and testament divided the land between 13 heirs. Some of the adjacent property along Gum Bridge Road was also under Mr. Tatem's ownership and was part of the same petition plat and were subject to a subdivision variance approved by the City Council on June 15, I mean January 15 of this year. The applicant now proposes to re-subdivide the site from the three parcels depicted on the petition plat into two parcels, so we are going from three parcels down to two. The variance from lot width is for one of the parcels. The proposed subdivision variance is similar in circumstances to what staff has encountered many times before and it was not uncommon in 50s to the mid-70s to have land improperly subdivided by deed in order to fulfill the terms of a will, so these we've seen several come before us and they're easy to rectify and nobody was complaining about it, and we didn't have an opposition to appear so its thought it was the right thing to do is to approve this so we did, put it on the consent agenda. Thank you. Ms. Rucinski: Right. Thank you commissioner Ripley. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, four and D3 be approved. Ms. Oliver: Great, I have a motion made by the vice chair. Do I have a second please? Mr. Redmond: Second. Ms. Oliver: Wonderful. Mr. Ripley: Madam Chair. Ms. Oliver: Yes. Oh, one second. Mr. Ripley: Yeah. One of the applications, application four is listed that they may use TowneBank for a lender and I need to disclose that I will be voting on this, but I will need to disclose that I am a member of the advisory board at Chesapeake; I have no financial interest in this property and I have no relationship with the owner or applicant and basically since the Planning Commission only recommends to Council, I can vote on this matter and I will be and there's no direct interest with me in that so. Ms. Oliver: Great. Mr. Redmond:Madam Chair, I too am on a board of TowneBank as well and will be voting on it. Ms. Oliver: Alright. Thank you. Okay, the vote is open. Ms. Smith: Pardon me, just for clarification. It's a consent to withdraw the subdivision variance request as well, was that part of your motion? Ms. Oliver: Yes. Ms. Saunders: Should we have stated that separately? Ms. Oliver: No. Ms. Saunders: Vote is open. Mr. Graham. Thank you, by recorded vote of 10-0 agenda items number one, four and D3 have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION EXHIBIT OF LOTS 6, 7 & C as shown on PARTITION OF PROPERTY OF J.T. TATEM ESTATE, ET AL (M.B. 85, P. 23)," dated 11/29/2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lot 6-A is developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character of the home depicted on page 7 of this report entitled "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The residential dwelling constructed on Lot 6-A shall have its lowest finished floor at an elevation at least three (3) feet above the Base Flood Elevation or three (3) feet above adjacent grade, whichever is more. 4. Prior to obtaining a building permit, Lots 6-A shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. I , \ ,,, 1 �� till 1 f \, \„,,,, 1 I r \„ 1 \ 'i, - } oe , .. ., . 0 A.,. „, ., ce . . \ , ,, , • .1 } \ ,.....1 I __ _. , . --^rye r/__________ t N \ .414\, s 7_� e ., - fcAey ` aci \ - ------------------- - j Asi l 11 pal ter= f `A ,t t. 1 _ I I A CA. \ \ \ I ii ‘I \w 14 \ ce ,, ,, o - I- \ o .1 1„.. v, .-... \ ,__.__.,..„. ,,\ o bib. I ce _________\ \.... \ \ I. ,,--'1 -_ _ soif ,, ic __,r-‘-----"r---\ , _ ' 1 ii _-------3 ._t___________ \ I1 \ \, 10 01111 \-; _ f� \ )-----'----- \ , ti c-1.-t- Re\-----J \I 4 II T:i: r\ c-1 Q \i, <,------------\ 44 \\\ °Ilk s ti i r __,_\ ___Y' \ ',, \._ \ \ . c-_-_:\ yeti rM, Or7.- iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C AND C DEVELOPMENT CO, INC. [Applicant] ETCPAC, LLC [Property Owner] Special Exemption for Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form-Based Code for the properties located 2508 Pacific Avenue & 302 26th Street, (GPINs 24280072010000, 24280073100000). COUNCIL DISTRICT — BEACH MEETING DATE: March 19, 2019 • Background: The applicant requests to develop the site with a five-unit row house building fronting Pacific Avenue and a detached single-unit structure fronting the 25-1/2 Street alley. The row house structure is contemporary in style and includes four stories with front stoops, second and third story balconies, and rooftop outdoor amenity space for each unit. Living area for the five units along Pacific Avenue will be approximately 1,875 square feet and the rear detached unit will be approximately 1,425 square feet. Each unit will have a 2-car garage, but garages are not counted towards meeting parking requirements. Five on-site parking spaces will be created along with three new metered spaces on 26th Street. The Form-Based Code allows on-street parking to be counted for residential units in order to meet the 1.30 spaces per unit requirement, provided that the development does not participate in the Residential Parking Permit Program. All vehicular ingress and egress will be from the alley. As part of this development, the applicant will construct a new, enhanced streetscape along both the Pacific Avenue and the 26th Street frontages. • Considerations: A Special Exception for Alternative Compliance is necessary because the row house structure does not meet minimum lot area requirements or parking setbacks, and the detached rear structure does not front a street, does not meet minimum lot width or area requirements, and adds a second building type that is not permitted with the Row House building type. However, Staff finds that the project as a whole, and particularly the extent and quality of streetscape improvements, significantly support each of the review standards identified for Alternative Compliance applications as listed in Sec. 7.3.3 of the Oceanfront Form- Based Code. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. C and C Development Co., Inc. Page 2 of 3 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. Site layout, improvements, easements, and plantings shall be substantially as shown on the conceptual site plan package titled, "DEVELOPMENT EXHIBIT LOTS 2, 4, & 6 & NORTHERN 90' OF LOT 2 for VB HOMES" dated 01/18/2019, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. The architectural design, colors, and materials for the row house and rear detached house buildings shall be substantially as shown on the exhibits titled "Elevation Concept for 2508 Pacific Avenue-Design for VB Homes," dated January 24, 2019, by RBA (Retnauer Baynes Associates). Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The applicant shall make all right-of-way dedications and improvements substantially as shown on the site plan package referenced in Condition #1 for Pacific Avenue, 26th Street, and the 25-1/2 Street alley, except the 26th Street improvements shall be extended beyond the subject site to accommodate a total of three on-street parking spaces on the north and/or south sides as required by Public Works Traffic Engineering. Additional adjustments and requirements may be applied as part of development site plan review. 4. All landscaping must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition #1 . Any replacement plantings shall be approved by the Development Services Center. 5. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of-way. 6. Temporary chain-link fencing shall be installed on the property lines shared with the adjacent property owner to the west for tree protection and containment of construction activity. 7. Per Sec. 6.2.5 (A) of the Oceanfront Form-Based Code regarding Reduced Parking, owners, residents, guests, or employees associated with this property are not eligible to participate in the Residential Parking Permit Program (RPPP). The developer shall record a deed restriction disclosing this information prior to receiving a Certificate of Occupancy. C and C Development Co., Inc. Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep• .m- lAg •cy: Planning Department 01 ekik 1 City Manager: Applicant C and C Development Co, Inc. Agenda Item Property Owner ETCPAC, LLC I Public Hearing February 13, 2019 <<,./ City Council Election District Beach 4 Virginia Beach Request Alternative Compliance to the prescribedn.hs� criteria of the Oceanfront Resort District �`h"' 2,,d,5" Form-Based Code �°`hSt mer Staff Recommendation Approval p`h0..0S'ee T.:. so.,wee 65-70 �dB DNL `h Sv.,e‘ a Staff Planner F1 Ashby Moss . ^ 2t°s L' I. 2 o st a c Location 22h°M,��u••'` 22,4.0" rt 2508 Pacific Avenue & 302 26th Street GPINs 2�,,vo,„„e.. >ta•" 24280072010000, 24280073100000 70.75 dB DNL .tom 20th 0.051 200 Sr .41 Site Size -- t 9,250 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay fi # r Existing Land Use t. A '" 11 Two-story office building ,' _ A: .� svN d `, Zoning District and Street Frontage Type • t ' OR Oceanfront Resort/Gateway (Pacific) & r;�,' ' , ,, "i 1 -r�`' `t Beach (26th) :'`M ' h Hatt stt s,, . Surrounding Land Uses and Zoning Districts f.' ' 2 I. 4 . - 4 - -' Y North ,-;., • ,','".. Off-site hotel parking lot/OR Oceanfront Resort i it.-`4- , -" " South 4# f�� � - .25th Strc t "a + Strip shopping center/OR Oceanfront Resort 4" kt East Off-site hotel parking structure/OR Oceanfront Resort West Single-family dwelling/OR Oceanfront Resort C and C Development, Inc. Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant requests to develop the site with a five-unit row house building fronting Pacific Avenue and a detached single-unit structure fronting the 25-1/2 Street alley.The Oceanfront Resort District Form-Based Code (FBC) requires each row house unit to accommodate a minimum lot width of 20 feet and a minimum lot area of 1,500 square feet (whether or not the property is actually subdivided). As proposed, each row house unit exceeds the lot width requirement, but the lot area is as low as 1,250 square feet. In addition, the 1,425 square foot detached rear structure does not front a street, does not meet minimum lot width or area requirements, and adds a second building type that is not permitted with the Row House building type. Lastly, the proposed garages encroach well into the 25-foot parking setback. For these reasons, the applicant is requesting a Special Exception for Alternative Compliance. • The proposal also includes "optional forms of development" for certain prescribed criteria associated with the Row House building type. Optional Forms of Development, which may be approved administratively, fulfill the same purpose of a prescribed form through a different means. For informational purposes, the table at the end of the report lists the pertinent FBC prescribed criteria, the proposed criteria, and the method of approval for each. • The row house structure is contemporary in style and includes four stories with front stoops, second and third story balconies, and rooftop outdoor amenity space for each unit. High quality building materials include a masonry foundation accented with brick veneer on the stoops; fiber cement board and batten, horizontal planks, and panels with batten strips; metal railing on the balconies and rooftop; and Bahama shutters on fourth story windows. Units are separated by projecting stairwells with dark wood "Nichiha" (or similar material), horizontal planking and large metal clad windows. As recommended by the Oceanfront Resort District Design Guidelines, the overall row house building design clearly identifies and orients pedestrians to each unit. The rear detached structure follows the same contemporary design and materials but is reduced to three stories in height and does not include porches. • All vehicular ingress and egress will be from the alley, which will be increased to a width of 22 feet after a two- foot dedication. As required by Public Works, the alley will be improved with an 18-foot pavement section. With five on-site spaces and three new metered spaces on 26th Street created as a result of this development, the proposal meets the minimum parking requirement of 1.3 spaces per unit.This reduced parking ratio is permitted only for residential uses that do not participate in the Residential Parking Permit Program. Although each of the five row house units has a two-car garage, these spaces do not count towards meeting the minimum parking requirement. • As part of this development,the applicant will construct a new, enhanced streetscape along both the Pacific Avenue and the 26th Street frontages. The new streetscape will contain a six-foot concrete sidewalk and a variable four to five-foot brick paver verge with street trees and pedestrian lights along the Pacific Avenue frontage. Similar improvements continue on 26th Street, minus the street trees and pedestrian lights.The closed curb cut and new curbline on 26th Street enable three new metered parking spaces. • Although not included as part of this project, the applicant has demonstrated that the proposed streetscape improvements will support a future pedestrian refuge median in Pacific Avenue. The City's Traffic Safety Improvement Program has funded a similar pilot project to construct a pedestrian refuge median this year between 33rd and 34th Streets. The City is seeking a matching grant to fund additional blocks in future capital programming. C and C Development, Inc. Agenda Item 4 Page 2 "'1 l OR 1 "\\— -00;401 It • / -"'`�V Zoning History # Request OR 1 NON (two single family dwellings)Approved 03/23/2004 � _:-\ 41\ 2 CUP(outdoor recreation) Denied 04/25/1992 c,.\7;- -24w:a `� R Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December 2008, is the guiding document for planning policy and development in the Oceanfront Resort District.The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods.One of the nine development strategies is to "grow residential" in order to increase year round activity. Evaluation and Recommendation Section 7.3.3 of the FBC lists the review standards for Alternative Compliance applications.Any development seeking a Special Exception for Alternative Compliance must: • advance the stated goals and objectives of the Resort Area Strategic Action Plan and Oceanfront Resort District Form-Based Code; • promote modes of transportation other than the automobile; • create a pedestrian-oriented and pedestrian-scaled environment; • contribute to a memorable and compatible mix of uses; • be consistent with the intent of the regulations applicable to the subject street frontage(s); • be physically and functionally integrated with the built environment; and • advance the goals and objectives of the parking strategy for the District. The predominant factor in assessing the degree to which this proposal meets the review standards listed above is the new streetscape.Although standard minimum improvements are required with every development project,the applicant has agreed to provide streetscape improvements that would normally be associated with a capital improvement project.This will create a comfortable pedestrian environment with similar dimensions and components found at the Aqua/I-Fly development between 24-1/2 and 25th Street.The new curb alignment for this project also creates space for three new metered parking spaces on 26th Street and sets the stage for the addition of a pedestrian refuge median on Pacific Avenue if future funding becomes available. C and C Development, Inc. Agenda Item 4 Page 3 In addition, the height and density of the row house and detached house buildings provide a good transition from the more intense Pacific Avenue Gateway frontage to the Old Beach residential neighborhood to the west. Introduction of this type of residential product, even if used for short-term rentals,will contribute to a compatible mix of uses, enliven the resort area, and help support local businesses year round. Lastly,the project as a whole meets applicable design guidelines for the row house building type, including a clear distinction between units,front stoops and balconies, high quality building materials, and clear pedestrian-oriented entrances from the sidewalk. The applicant sought comments from the Resort Advisory Commission's Planning Design Review Committee (RAC PDRC) on three occasions, making modifications as recommended, and the group ultimately voted unanimously to approve the proposal. For the reasons stated as part of this evaluation and summarized earlier in this report,Staff finds that the review standards have been met and recommends approval of this Special Exception for Alternative Compliance,with the following conditions: Recommended Conditions 1. Site layout, improvements,easements, and plantings shall be substantially as shown on the conceptual site plan package titled, "DEVELOPMENT EXHIBIT LOTS 2,4, &6& NORTHERN 90' OF LOT 2 for VB HOMES" dated 01/18/2019, as prepared by WPL.Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. The architectural design, colors, and materials for the row house and rear detached house buildings shall be substantially as shown on the exhibits titled "Elevation Concept for 2508 Pacific Avenue-Design for VB Homes," dated January 24, 2019, by RBA(Retnauer Baynes Associates).Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The applicant shall make all right-of-way dedications and improvements substantially as shown on the site plan package referenced in Condition#1 for Pacific Avenue, 26th Street, and the 25-1/2 Street alley, except the 26th Street improvements shall be extended beyond the subject site to accommodate a total of three on-street parking spaces on the north and/or south sides as required by Public Works Traffic Engineering.Additional adjustments and requirements may be applied as part of development site plan review. 4. All landscaping must be maintained in good health.Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition#1.Any replacement plantings shall be approved by the Development Services Center. 5. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of-way. 6. Temporary chain-link fencing shall be installed on the property lines shared with the adjacent property owner to the west for tree protection and containment of construction activity. 7. Per Sec. 6.2.5 (A)of the Oceanfront Form-Based Code regarding Reduced Parking, owners, residents,guests, or employees associated with this property are not eligible to participate in the Residential Parking Permit Program (RPPP).The developer shall record a deed restriction disclosing this information prior to receiving a Certificate of Occupancy. C and C Development, Inc. Agenda Item 4 Page 4 NOTE: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 uses allowed by this Use Permit 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. Site and Building Criteria FBC Row House Criteria As Prescribed by the FBC As Proposed Approval Process Multiple Building Types on Each building type must be able Rear unit does not have same lot to meet minimum lot criteria frontage on street and cannot Alternative Compliance meet minimum lot dimensions Lot Area (combined) 10,500 SF 9,018 SF Alternative Compliance 1,250 SF per interior row 1,500 SF(row house) house unit;end units meet or Lot Area per unit 3,000 SF(detached house) slightly exceed minimum Alternative Compliance 216 SF(estimated lot area for detached house) Lot Width 20' min(row house) 25'+(row house units) Alternative Compliance 30' min (detached house) 0' (detached house) Pacific Avenue building setback 5'(2'for stoops&porches) 7'(2'for stoops) Prescribed Form 26th Street building setback 5' 4'-5'(due to corner Optional Form dedication) Alley building setback 5' 8' (excluding 2'alley Prescribed Form dedication) 25'on 60%Pacific Ave.frontage +1-10'on 90% Parking Setback 10'on 60%26th St.frontage +1-5'on 95% Alternative Compliance 2 spaces per unit 1.3 per unit(5 on site and 3 Required Parking 1.3 per unit per Sec. new metered spaces on 26th Optional Form 6.2.5(A)reduced parking with no RPPP St.) 21%(provided entirely on Outdoor Amenity Space 20%of site area rooftop) Prescribed Form 7%(provided in new streetscape) 45' max Building Height Sec.4.1.4(C)(8)height encroachment for 44.5'top of roof Optional Form Row House building type stairway access to roof limited to 12', 52'top of roof access towers 25%roof area,and 10'setback Building Height 35' max 34'top of roof Optional Form Detached House building type 41.5'top of roof access tower Balcony Depth 6' min 6' Prescribed Form Tree Canopy(150 sf per unit) 900 sf min 900 sf(9 small trees on site) Prescribed Form C and C Development, Inc. Agenda Item 4 Page 5 Proposed Conceptual Site Layout Was i I RO /73&I/8 (if)t-yld Y 10 #gg\ Y pa§ (�/N avJ 1 1 , R Na 1M !eft I i IVia/ . • pn }p0 ■_�1 �/ I I 0 Ip R : a, �f 1 1 1 Ilii .4.1'.9 NI / N• I 5 Unit Row House it € I !• 1 s ' _ ! :i hi 11 ___7(4 8 1 I kill/ pf. li !il- p'.a e. sN I I - �= !► n III, I ''i 1; 1 INS - ,� g. Nil i �� 1 IN • I _1 '� : , kke b III, 61a t • 4 i° ! 9, - = N Cid Rear Detached Single-Unit g „.., , ^ i I ke,., r _ w;< 14 I NN AI 1 kB �� I 4 k5 `i - a .-g Dau PI �h• $ '•�) I I 1 ),.../ is. _ N. AA Aar �: 17II 1 � iii � ' . / ", gi = 1 I Is, I kk CY fit I 62;51; 's!I� 1 2g II I k kI = 4 4 11 ,MSS ��• I I I 10 - _ tv4 . , „, I .., iss. Li b ki \ .a 3.ogg1YN § �� I t 11' 11Plamas (uw •%was \ IV M I —„ be Pi be 'Alp I, I I I 4----.1— -ism _w_w.r.---..- i IL moms\ 1 1 1 / Pi 1 ik C and C Development, Inc. Agenda Item 4 Page 6 Proposed Landscape Plan xMs s 1 11 g rmrol%W wee\ 11 I _ ik .., . ,.,•> r 91 iI EMI TAf Iii T b T Y� 111. aPIIIIIIIIIIII. I, I. Jif t.��‘tsesAs •Ti��' %,i.%r4:.01 inl rxiiioriel ' W i \ =\-Ii I I 1 ���... �Z ►sem, m II III RI ! } �•, ' . 01.01 { b0l „ .1 i , l1 if %j .tSal O < 91 'I6� � .:�r_ � 2:134, g fill i I re s I 1 1 \44fht "31, Inn 1 I b I O" d - . ��b`, wrwap'./� ql e" 7 - /�'Ij0 �ate'; 1 Q I I ?A ,E� ; ‘.w1;* .0" ��„ j O rrvc.:e' T .....h r.4 I \ \ . \ j________ lo� -� ' Ix c 4e ire i Ii,. tao t1; -§ . 1, 1111 v R y \ m* ,=a P" I �, a p !F IRttnnnaep ��.ogOOtO' - ����� \ I \\ 16 Paki #C_. �A I k � � i : ,410,:t.. °� `a 0,-.4.$0--wtiZ,r# e'. �( 11 I \\ • 1331iL 8 17 x Y s7d 74 w kW o n I -- N b a urx unr.aPJ - pp• i I . I te �� nE e R 1 I I ma .....eorAmmm=mak ellikill WW1 - i 1 I — / • g 1 C and C Development, Inc. Agenda Item 4 Page 7 Proposed Elevations— Front Structure IT Ei I6 1 I; I 1,,fkkg .a . __.','0.I,`,, __I f�I, ll :l __ I --''-_..ii = III °:I, 1[111 *III __ M.J. 3 . 11 b !MR XII 1110 PIill mini O -I, � '; INN I! ili Km. ! I ! ii ! as '4l n'n9 : IA I I I II ° r I 1rI _ ; oI1IIII I I . 1 _ I IA I I *'i �, _ Lill. _ I MI I aI till III 0- ..,iii .4 .., ., , 4 IIs CONCEPT ELEVATION 3.W ^a Nt !11.! I11111111 r N. 13(31 I RUtN —- — LSLAfIINC, �J I - 40'--03/4" r „ I !"�• 4TH FI OC)R NFW I1W1Qr o 31'-1.543" '`7 0 T1 O c v• O0 � IAC 0 rir, ._ I , 3RD FLOOR NEW 0WORK dir_ C. lim. is 0 O 21'-3314" G C. 0 4a 0 a` KEY NOTES CONCEPTUAL 4 - }o, .I' o 1 'RFA cry=AT WAR)APE AATTFV c r1NC. 4 12. 2 °BEfsCEYEAT 1 IZDVTAz.$IC 3 -Ibli7((V t t W oOI-iP IJP l I "IMI I&•,151,4 .. 4.7i c \:as--A 117R AIM, AR'jR's/r NF-AI Anon 5 CANT LNERM W3CCECK AST-F�6I"ENEAT-qv ill, l 7 21D FI OOR NEW " i *, b 13&%147.1AU1A*ILII I WORK du 7 ea'TM:1 Ar11k).;at F+1ln4iGG VAN"AA( — 10-7 718" 17) S VESTAL CLAS F1XE3 W470W +IULJVGI1$1YJL1�x71+Wilt fk1VV 377tiPNJ7P1 15 !KrTM RAI NC SYS-FV -4. 1- a SERGLASS:C4 Li1A WRA'' 4 17 �IRICXv'.ir 4 13 'AI C.;NJ 14 .•Bd1 7.333&11,['4.kA3t tJ_WiU ill il 1 1 1ST FI C)OR NEW is rsr*T Mir,'OAR 1MT11 TRAHF€M W WfXWI VYC)12K 4 . IS 'ISER C 4Ef17 TRIM SPNC d' '- czRAOE .s C and C Development, Inc. Agenda Item 4 Page 8 Proposed Elevations - Rear Structure 1 q _ \, 1! \ 4. 1 , J "1 * � 1 ' _. I 1!7�r -14.7%7T ter_ <: — 4V 4111111.11 Dr ® 0/�\ W '#E to , -1—inif- WC FLOOR Palk p C U) CC O G .1I —� O _E- I = E o a o N .4a0 O i }' c ilin 4.,M L!1 +O+ t M. IIA. FI MIR th'11�t CO f+ CO WORD In 1 '-r` I ' A to 77' l''' zi .I2 } 3 1 t Iiittr.:± _ I FL.R.E.,,, ___ ...i. 'N'Noh, -- '`' ' c kAor CONCEPT ELEVATION - SINGLE UNIT KEY NOTES CONCEPTUAL. ELEVATION I t'REP C VFATROARSAtteFlAT1TVRfll 2 M IER CEVERT IK-?IZDVTA_510 PC V ioE Ot V J MOW.11A dJkisWIJibAI1 . tits 145 A I%MF-.45(t)R Ch1: AR)iiogrotrihs W:olNI)MM# 5 QJRT L.7.4/ERM LYXC CEP{ err-FI136'CEWa,7 15 V 8 EtaHANIA*IU.1 I 7 WIN:2 N)IJO.;11 F HUNG it, A 1551;L CLAD F5(E3 W430W Y 41.1UINIO 0.41165 CXerw WI II.I t5I44547W 1MViJgDY 15 147:114 RM NG m'I?FV 1- F SBiGLf.SS CCU..MIR WW1.' 17 WOKvrwr-; 13 'AR D.:A1J IA r Blot 01=1N c_.-411s. JPH<J is fR:'f.TMR."7.'-ylRwri1TRANr 4wNI v 15 5ER•✓134_11'T7111 30C C and C Development, Inc. Agenda Item 4 Page 9 Proposed Renderings II ilk 111,111 AlEgMI 4:II! 1111111. MN .111 'I li III II I I 1111 III MI 1 1 .f' 4 II II, IIdl dh 1! t9 lilt i i41'4101 . 0P411111 _ iti , It-91i AL illf" - - II "L. 1 011iiiimmailli• ELEVATION CONCEPT FOR 2508 PACIFIC AVENUE-FRONT DESIGN FOR VB HOMES JANUARY 24,2019 R B A C and C Development, Inc. Agenda Item 4 Page 10 Proposed Renderings _it,, 4 s m i 4 ist__.4 0"7. --- ' ' vit 46-40,4‘4.**' x Ii f ' •r - - - _ I + 11 v. v}� i 1 -;,f.i t , i • 0 Z t" R � r - =L r _ .0 altilri: -ff:atei:‘..,,,,*, pi_ l - . Ili • .. 'k..1 .1 • Kr alt V - _* -. ., ,. i' ELEVATION CONCEPT FOR 2508 PACIFIC AVENUE-SOUTH EAST CORNER DESIGN FOR VB HOMES JANUARY 24,2019 R B A rilL AIIPIP' S‘, i 1 *' 4 . . I I 1 ai ii 0111 Ill 01 .,...• i , lie 1 ice' .. '. III n 's i- a. r • ELEVATION CONCEPT FOR 2508 PACIFIC AVENUE-NORTH EAST CORNER DESIGN FOR VB HOMES JANUARY 24.2019 R B A C and C Development, Inc. Agenda Item 4 Page 11 Proposed Renderings — Rear Unit Y jo .. 4, , „„„ ,_ 0 It . .. �. � 3 . ,,t .. • ice x." e ELEVATION CONCEPT FOR 2508 PACIFIC AVENUE-SOUTH EAST CORNER-SINGLE UNIT DESIGN FOR VS HOMES JANUARY 24 2019 R a A + ;_1 .`. -. ( t 4 - �..- ,. r. t, ...,i,..f ,, _ {' , . .,,, ,...,. .. .. . .......47... 30401 i1111 is, 4}: ',4.--- di ELEVATION CONCEPT FOR 2508 PACIFIC AVENUE-NORTH EAST CORNER-SINGLE UNIT DESIGN FOR VB HOMES JANUARY 24 2019 A B A C and C Development, Inc. Agenda Item 4 Page 12 Pedestrian Refuge Median Concept PACIFIC AVENUE immumml Ilk, I 25TH-28TH STREETS o 40' 80' ---i — 1 , it — — — _ R. ,i j { -^. Q '::'- ,� EXISTINGUTILITY POLE •]METERED SPACES . !* - tF2\•S METERED SPACES .— ( " C.r..w/-. - UM 1 ' _ 3 -A IIMMir- 'I ".......1111F 11111 -.- ' _ _ _ -.• PACIFIC AVE - !►" IlI�rar-�.-. _ ' g .-. L - -n ---- - — —-- - • _ '"►1111111 - _ — �.� : Vis' '--,-., L2' q �� CN71 'f/� a _a. ,_ - a .-i ONE I -i p Jai 1 V L ■I ri Ali - r ----- --- 'I _ E.1 �P. �. y ti( 4 r___-- a — — —�` J NO PARKING v yl r' r�� -- EXISTING UTILITY POLE I. I +t__,-------�r +3 METERED SPACES Ilk I I •5 METERED SPACES I 4 4. .._ . I1 i i s r I 1S0'TAPER 6' ,c; 31' I 150'TO • if.: li , : .- 117, -r- - -'1,r,r- I�I 1 1 1 1 1 - - 4� —. i s - mip ,---- C and C Development, Inc. Agenda Item 4 Page 13 Disclosure Statement ainia Reach APPLICANT'S NAME C and C Development Co., Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City ' Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _. DIP _._ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • —• The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether •they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ron Cm USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Commission and Cit,Counril mentis that ertaint to the a plicationisi - 0 APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS Os DATE AS(11 C•\DL William Landfair 0 RrvISIONs SUBMITTED DATE C and C Development, Inc. Agenda Item 4 Page 14 Disclosure Statement Virginia Beach D Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:C and C Development Co., Inc. 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) Christopher J. Ettel, President (B) 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 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. U Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name.ETCPAC, LLC If an LLC, list the member's names: Page 2 of 7 C and C Development, Inc. Agenda Item 4 Page 15 Disclosure Statement IliTRRWNIM NB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Chris Caton; Leigh Anne Vincent;JOhn Caton,Trustees (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 (iii) there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act. Va Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 C and C Development, Inc. Agenda Item 4 Page 16 Disclosure Statement \13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ElAccounting and/or preparer of your tax return Architect/Landscape Architect/ Residential Designs,Ltd.-Carroll W. Land Planner Johnson Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers IAny other pending or proposed flpurchaser of the subject property I (identify purchaser(s)and purchaser's service providers) u ® Construction Contractors Mn Engineers/Surveyors/Agents WPL _ Financing(include current Not finalized only potential local lender ❑ I I mortgage holders and lenders could be TowneBank 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/ CJE Realty Associates-Chris Ettel Inl n Agents/Realtors for current and l I anticipated future sales of the subject property -moo 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 hI 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 C and C Development, Inc. Agenda Item 4 Page 17 Disclosure Statement • Virginia Beef 1 CERTIFICAT_ ION: 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. C and C D ment C .,Inc. By. P m Christopher J.Ettel,President APPLI s SIGNATURE_ PRINT NAME DAI E I _ I Page 5 of 7 C and C Development, Inc. Agenda Item 4 Page 18 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If IAccounting and/or preparer of Pat Corbin,CPA l your tax return I I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) nz Construction Contractors Engineers/Surveyors/Agents Financing(include current 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Amy Peseski,Esquire Real Estate Brokers/ Lund Real Estate-John Colesti ® n Agents/Realtors for current and f 1 anticipated future sales of the I 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 6 of 7 C and C Development, Inc. Agenda Item 4 Page 19 Disclosure Statement Virginia Beach CERTIFICATION: 'I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA illii meeting, or meeting of any public body or committee in connection with this Application ETCPAC,L 7 r BY: Chris Caton,Trustee PROPERTY ATURE PRINT NAME DATE By: Leigh-Anne Vincent.Trustee BY John Caton,Trustee Page 7 of 7 C and C Development, Inc. Agenda Item 4 Page 20 Disclosure Statement • ry .'1 oma Virginia Beach _ t CERTIFICATION: I certify that all of the Information contained in this Disdosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. ETCPAC,LLC Chis Caton,Trustee By. F PROPERTY• ER'S sit:MATURE PRINT NAME DATE I ' p1 C12r.J. j Tf/Q Leigh-Anne Vincent,Trustee 17"q• 14i A y John Caton,Trustee Page 7 of 7 C and C Development, Inc. Agenda Item 4 Page 21 Item #4 C and C Development Co., Inc. Alternative Compliance 2508 Pacific Avenue; Southwest Corner of 26th St. & Pacific Avenue District—Beach February 13, 2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Rucinski: Thank you. The next matter on the agenda is item number four that is for C and C Development Co. Inc. and that's an application for Alternative Compliance on property located at 2508 Pacific Avenue Southwest corner of 26th Street and Pacific Avenue in the Beach District. We have a representative. Mr. Bourdon: Thank you Madam Chair. Ms. Rucinski: And are the conditions acceptable? Mr. Bourdon: All seven conditions are acceptable to my client. For the record, I'm Eddie Bourdon, Virginia Beach attorney representing the C and C Development Company Inc, the principal Mr. Chris Ettel is here today along with the land one of the trustees of the landowner Mr. Chris Caton, and we appreciate very much the work that Ashby did on this application and Kristine Gay as well before she left and we appreciate being on the consent agenda and all seven conditions are accepted. Ms. Rucinski: Okay, thank you. Mr. Bourdon: Thank you. Ms. Rucinski: Is there any opposition to this matter being placed on the consent agenda, hearing none, the chairman has asked Commissioner George Alcaraz to read this into the record. Mr. Alcaraz: Thank you. The applicant requests to develop the site with a five unit row house building fronting Pacific Avenue and detached single family structure fronting on 25th and a half street alley, the row house structure is contemporary in style and includes four stories with front stoop, second and third store balconies and roof top outdoor amenities space for each unit. All vehicular ingress and egress will be from the alley with five spaces on site and three spaces metered on 26th Street, which was created as a result of the development. The proposal meets a minimum parking requirements of 1.3 spaces per unit. This reduced parking ratio is permitted only in residential uses that do not participate in the residential parking permit program. As part of this development, the applicant will construct a new enhanced streetscape along the Pacific Avenue in the 26th street frontage, and the streetscape will contain a six foot concrete sidewalk and variable four to five foot brick paver verge with street trees and pedestrian lights along the Pacific Avenue frontage. Section 7.3.3 of the Form-Based Code lists the review standards for the Alternative Compliance applications. The predominant factor in assessing the degree to which this proposal meets the review standards listed above is the new streetscape. These improvements would normally be associated with capital improvement projects; this would create a comfortable pedestrian environment with similar dimensions and components found on the Aqua/I-fly development between 24th and 25th Street. The applicant sought comments from the Resort Advisory Commission Planning Design Review Committee and they've approved and for that reason we recommend approval and on the consent agenda. There's no opposition and applicant has accepted all the conditions. Thank you. Ms. Rucinski: Right. Thank you commissioner Ripley. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, four and D3 be approved. Ms. Oliver: Great, I have a motion made by the vice chair. Do I have a second please? Mr. Redmond:Second. Ms. Oliver: Wonderful. Mr. Ripley: Madam Chair. Ms. Oliver: Yes. Oh, one second. Mr. Ripley: Yeah. One of the applications, application four is listed that they may use Towne Bank for a lender and I need to disclose that I will be voting on this, but I will need to disclose that I am a member of the advisory board at Chesapeake; I have no financial interest in this property and I have no relationship with the owner or applicant and basically since the Planning Commission only recommends to Council, I can vote on this matter and I will be and there's no direct interest with me in that so. Ms. Oliver: Great. Mr. Redmond:Madam Chair, I too am on a board of Towne Bank as well and will be voting on it. Ms. Oliver: Alright. Thank you. Okay, the vote is open. Ms. Smith: Pardon me, just for clarification. It's a consent to withdraw the subdivision variance request as well, was that part of your motion? Ms. Oliver: Yes. Ms. Saunders: Should we have stated that separately? Ms. Oliver: No. Ms. Saunders: Vote is open. Mr. Graham. Thank you, by recorded vote of 10-0 agenda items number one, four and D3 have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. Site layout, improvements, easements, and plantings shall be substantially as shown on the conceptual site plan package titled, "DEVELOPMENT EXHIBIT LOTS 2, 4, & 6 & NORTHERN 90' OF LOT 2 for VB HOMES" dated 01/18/2019, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. The architectural design, colors, and materials for the row house and rear detached house buildings shall be substantially as shown on the exhibits titled"Elevation Concept for 2508 Pacific Avenue-Design for VB Homes," dated January 24, 2019, by RBA(Retnauer Baynes Associates). Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The applicant shall make all right-of-way dedications and improvements substantially as shown on the site plan package referenced in Condition#1 for Pacific Avenue, 26th Street, and the 25-1/2 Street alley, except the 26th Street improvements shall be extended beyond the subject site to accommodate a total of three on-street parking spaces on the north and/or south sides as required by Public Works Traffic Engineering. Additional adjustments and requirements may be applied as part of development site plan review. 4. All landscaping must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition#1. Any replacement plantings shall be approved by the Development Services Center. 5. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of-way. 6. Temporary chain-link fencing shall be installed on the property lines shared with the adjacent property owner to the west for tree protection and containment of construction activity. 7. Per Sec. 6.2.5 (A) of the Oceanfront Form-Based Code regarding Reduced Parking, owners, residents, guests, or employees associated with this property are not eligible to participate in the Residential Parking Permit Program (RPPP). The developer shall record a deed restriction disclosing this information prior to receiving a Certificate of Occupancy. n .. :. ,-1.1.1A---,1 ---------- WI" 4104;"-1444"447t2t1:11110.11111 * - ;'' 14 aim iL4i M-11 1 al ' v.-,-,,,,011y.,,, ite 1..._,r,„,,, jr ea e 1/44 Rkl,,,„74..w.. .,„4, '''"Ziee giii .47 i ifilr-41 114 r-i 1 eir LOA ,s3 . oi10 IDS?"' _ � � CCInot fa d _ �I w; A 1 , 1 � o04 1 's. bi?itil oy 41 1rNI,,1111r. 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'J 414= os ,•,! in Zt,,,,,- 1 ‘,. \,.., * *Pizeor -6,.....t'X'0' 4t, ,,,,....., .< > ::\ 1 , ,, , ....... r'� m �, �� 0r1 p J cSis It 1. co ''- '''-s,..' 'Cli o ' _„,-V J 1 `0,,+0_+ ��` 1, .. I\\ 3: a- 4.Ati(--- 1-::-'14----s \\., 4 .. 444.7- .44- 0--, Opt 4 ''.••.(1 doe, .Any, ::-.7 . N. < .' dc4 tiijklifiTsk Lx.) , � 4,04 trLL+ : ' ''*840641*‘4;E4::- ►. yet . t,f. ` 4l-':*:.. �+*., C•, ` tCrC.,��., Lt's j C• 4i-�L✓1Ct� 1 • Vile ; N''''^-:___:. ;° <'`.,‘/P 0 4 r :‘, 1 \,./t, 1 iC.D '''''/-9'1‘it .i X.,,,,_/ 0 41(.45. (3, c4 9 /N-_,,_. () ,,tr op-P,">---.< , fy �J`/ lit ern rte. o ,. i4 i- Zs� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicant & Property Owner] Conditional Change of Zoning (Conditional B-2 Community Business District to Conditional I-1 Light Industrial District & Conditional I- 1 Light Industrial District to Conditional B-2 Community Business District), (GPIN 2415123535). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: March 19, 2019 ■ Background: The 26.40-acre portion of the 144-acre Corporate Landing Business Park proposed to be rezoned from Conditional B-2 to Conditional I-1 Light Industrial is located on the southern portion of park that fronts both General Booth Boulevard and Corporate Landing Parkway. This rezoning will transition commercially-zoned property to a more appropriate industrial zoning in anticipation of locating data centers and similar uses that support businesses related to the new data cables connecting Virginia Beach to Europe and South America. A smaller parcel, 0.13 of an acre, along Corporate Landing Parkway that is currently zoned Conditional I-1 is proposed to be rezoned into the larger commercially-zoned property that is oriented to General Booth Boulevard. Staff views this portion of the request as a housekeeping issue to reflect the initial intent of the rezoning in the 1990s. • Considerations: As fiber-optics transmission facilities are a by-right use in the I-1 District, and require a Conditional Use Permit in the B-2 District, the rezoning will eliminate the need for a Conditional Use Permit, thereby expediting the process. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There were three speakers present at the Planning Commission public hearing. The first speaker, while not in opposition, expressed concerns with the potential for future flooding, vandalism, and vehicular connection into the adjacent neighborhood. The following two speakers noted similar concerns along with apprehensions related to privacy, security, noise, property values, loss of woods, and setbacks. The applicant's representative committed to meet with the surrounding property owners to address these concerns. The existing proffers associated with the business park require that a 75-foot wide buffer remain adjacent to the neighborhood and also prohibits the extension of the rights-of-way from the neighborhood into the business park. Construction practices associated with the HVAC systems for new fiber-optics transmission buildings are quieter than Virginia Beach Development Authority Page 2 of 2 a retrofit of an existing building for the same use. It is expected that the only exterior noise will be from the outside generators that require testing and/or maintenance approximately once a month for 30-45 minutes. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department(, • City Manager:*,,, \ *1 4 ftei anager: �i "\BApplicant & Owner Virginia Beach Development Authority Agenda Item Public Hearing February 13, 2019 -- City Council Election District Princess Anne 6 Virginia Beach Request Conditional Rezoning (Conditional B-2 Community Business to Conditional I-1 Light __.� .�+ Axes Court Industrial & Conditional I-1 Light Industrial to Dann Neck Read `, m Conditional B-2 Community Business) ;i. i ,i m %a , R 0 i fei Staff Recommendation 75d m �`%� a/ 1 fes= Approval R.,,r G•4 8 Staff Planner . d� G�°"a +,,es 10 k Jonathan Sanders 70.75._ �J boa ",���°e �€ 1P p/ a• r6 6 P ��O fisc Location �40,, - '�.%4 6,4, Corner of Corporate Landing Parkway& General P*.b %��,,� ,r,�4 �'44ed 65-70de ON Booth Boulevard / s4 6,,,.,,a- 3 J„,.. Rb",Npi6 k b� AA,p "! 2415123535 Site Size 144.29 acres AICUZ 70-75 dB DNL and Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District -, " ".., • - Cultivated fields/Conditional B-2 Community7".,:.v...„42,.:,.. -�-L �' ``' Business, Conditional I-1 Light Industrial .4 a , � % :. . Surrounding Land Uses and Zoning Districts tz• , y;•. '' North /°<. , yy�� 1, �g� - `,/ s 'I , d x Ti* t, .7S. moi' ._ Cultivated field/Conditional I-1 Light Industrial �. .. 3„� South ,,, �.,7A i_ , 'i+.a, ,. ` e, . 3 '�: General Booth Boulevard - f ,'N ,4 .iii Cultivated field/Conditional B-2 Community ` , ., tick Business -,,,.c.-!-,'!....-1/4,,,, t� X. et East t'' ; • '7r� ,,,, ° 1f'v,n�rc,. :� �y� e•�.�,. Corporate Landing Parkway ?-.41: At , �' r�. ` • Cable communications facility/Conditional I-1 Light ='+rte ;� !' �+ "� ' J 1 j , Industrial � �yj�y/}ryy�j,� West A4'044',b' Single-family dwellings/R-5D Residential, 0-2 Office Virginia Beach Development Authority Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant is requesting to rezone a 26.40-acre portion of the 144.29-acre Corporate Landing Business Park from Conditional B-2 Community Business to Conditional I-1 Light Industrial and to rezone a 0.13-acre portion of the same business park from Conditional 1-1 Light Industrial to Conditional B-2 Community Business. • The 26.40-acre portion is located on the southern portion of the parcel fronting both General Booth Boulevard and Corporate Landing Parkway.The 0.13-acre site fronts Corporate Landing Parkway and is adjacent to existing Conditional B-2 zoning along General Booth Boulevard. • Future plans for the parcel include potential business sites for data centers and companies working with the new data cables connecting Virginia Beach to Europe and South America. As fiber-optics transmission facilities are a by-right use in the I-1 District, and are a conditional use in the B-2 District,the applicant has opted to request I-1 in order to attract future ventures without the hurdle of a Conditional Use Permit. • The modified proffers do retain the provisions in the 1989 and 1996 proffer agreement related to allowable uses, lot dimensions, setbacks, building heights, parking and loading requirements and minimum landscaping. The full set of proffers can be found on pages 3 -7 of this report; and the parcel designation map associated with the proffers is on page 10. H1 AG/1'. Zoning History B2* -1_y., Pc '', ''. ,, AG• # Request �.---",_ � i_1 • a'"1:' �r AG-1 1 CRZ(AG-1 to Conditional I-1)Approved 06/13/1988 y_� PD-H1 "' 4 R` 2 CRZ(AG-1 &AG-2 to Conditional B-2)Approved q , G-11, 8/14/1989 . A • _1j 3 MOD(Proffers)Approved 06/25/1996 I ,1 �G"' B_2 � CRZ(AG 1 to Conditional 11)Approved 11/09/1993 )5 c1 MOD (Proffers)Approved 11/09/1993 -613 , %�,��� i:' 4 CRZ(AG-1 to Conditional I-1)Approved 11/09/1993 7 . �/moi/ '�� �:ir s ,. 5 CRZ(I-1 to Conditional B-2)Approved 11/09/1993 .54,470.„;(1 6 CUP(Fiber Optics Transmission Facility)Approved AG-2 4.' }2 5 r IV. •.--r, sr" 10/04/2016 „' 0. 7 MOD(Proffers)Approved 03/17/2015 '� `` _2 A 8 MOD(Proffers)Approved 09/14/2004 CRZ(AG-2 to Conditional B-2)Approved 01/25/1994 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Virginia Beach Development Authority Agenda Item 6 Page 2 Evaluation and Recommendation This request to rezone 26.40 acres from Conditional B-2 Community Business to Conditional I-1 Light Industrial is acceptable in Staffs view, as it will provide a shift from the commercial/retail uses permitted under the existing zoning to industrial development opportunities, aligning with the land use policies of the South Oceana -Special Economic Growth Area (SEGA) 3. By rezoning this site to I-1,the Virginia Beach Development Authority will be better positioned to market sites to the emerging fiber optic industry. In addition, Staff supports the request to rezone 0.13 acres from Conditional I-1 Light Industrial to Conditional B-2 Community Business, as a means to incorporate a small irregularly shaped site into the larger adjacent B-2 property that includes the General Booth Boulevard and Corporate Landing Parkway intersection. Based on the considerations above,Staff recommends approval of this request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)).Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The land to be rezoned shall be as shown as the 26.4 acres designated as AREA 1 on the exhibit entitled "EXHIBIT 1, Corporate Landing Business Park,General Booth Boulevard and Corporate Landing Parkway,Virginia Beach,Virginia" dated December 3, 2018 and prepared by Kimley-Horn and Associates shall be rezoned from Conditional B-2 to Conditional I-1. Development of the parcel shall be in accordance with the proffers as recorded in Deed Book 3633, Page 0774 dated January 16, 1996. PROFFER 2: The land to be rezoned shall be as shown as the 0.13 acres designated as AREA 4 on the exhibit entitled "EXHIBIT 1, Corporate Landing Business Park, General Booth Boulevard and Corporate Landing Parkway,Virginia Beach,Virginia" dated December 3, 2018 and prepared by Kimley-Horn and Associates shall be rezoned from Conditional I-1 to Conditional B-2. Development of the parcel shall be in accordance with the proffers as recorded in Deed Book 3633, Page 0774 dated January 16, 1996. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. 1989 Proffers That Remain in Effect 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit,and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. Virginia Beach Development Authority Agenda Item 6 Page 3 R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical,financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers,freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing,extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling,warehousing, storage or distribution establishments. 10. Eating and drinking establishments in connection with other permitted uses(no free-standing restaurant sites). 11. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical,financial, nonprofit, professional, and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses(no free-standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools,colleges and universities. 9. Public utility facilities. 10. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space, and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries, confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios,offices, and clinics. Virginia Beach Development Authority Agenda Item 6 Page 4 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3)off- street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores, beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists,gift shops and stationery stores. 10. Service and repair services for business machines, sign shops and other small service businesses. 11. Grocery stores,carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000) square feet. 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18. Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. Retail establishments,other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. 22. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings. 23. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area,width,yard spacing,floor area ration, and coverage: R& D MDO MXD2 Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth 75' -- 75' Boulevard Minimum Yard Setback Adjacent to Corporate Landing 75' 75' 75' Drive Minimum Yard Setback Adjacent to Other 50' 50' 50' Public/Private Streets Minimum Yard Setback Adjacent to Residential 75' 75' 75' Neighborhoods Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' Maximum Floor Area Ratio .50 .90 .90 Virginia Beach Development Authority Agenda Item 6 Page 5 Maximum Building and Paved Area Coverage(excluding 75% 60% 75% outside plaza and gathering areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth 75' -- 75' Boulevard Minimum Yard Setback Adjacent to Corporate Landing 50' 50' 50' Drive Minimum Yard Setback Adjacent to Other Public Streets 50' 50' 50' Minimum Yard Setback Adjacent to Private Streets 25' 25' 25' (excluding access drives& parking lot drive aisles) Minimum Yard Setback Adjacent to Residential 75' 75' 75' Neighborhoods Minimum Yard Setback Adjacent to Side Property Lines 15' 15' 15' (excluding common drive aisles between parcels) Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 15' Minimum Yard Setback Between Parking Lots& 20' 20' 0' Buildings(excluding sidewalks) 4.The maximum building height for the various use classifications located within the property are as follows. A. R&D: 35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300'of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2: 35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5. General Requirements Applicable to all use classifications located within the property. A. Parking Requirements:The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift, whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. Virginia Beach Development Authority Agenda Item 6 Page 6 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however, such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. C. Landscape Requirements (Minimum) 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm (minimum height four (4)feet up to approximately ten (10) feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer (minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6. The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. 1996 Modified Proffers That Remain In Effect 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D) shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers, within the R & D and MDO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein,the prior Proffers shall remain in full force and effect. Virginia Beach Development Authority Agenda Item 6 Page 7 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3 —South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Natural and Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 31,079 ADT 1 32,500 ADT 1(LOS°"C") 34,900 ADT 1(LOS°"D") Existing Land Use 2- 14,520 ADT Corporate Landing Parkway 4,950 ADT 1 13,100 ADTi(LOSa'/C„) Proposed Land Use 3 2,007 ADT 20,700 ADT (LOS "D”) 'Average Daily Trips 'as defined by 26.2 acres of 3as defined by 26.2 acres of I-1 zoning 4 LOS=Level of Service B-2 zoning and 0.13 acres of and 0.13 acres of B-2 zoning I-1 zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this application is considered an access controlled, four-lane divided major suburban arterial. The existing infrastructure currently resides in an approximate 110 foot right-of-way. The MTP proposes a six-lane facility within a 165 foot right-of-way. There are no roadway CIP projects planned for this area. Public Utility Impacts Water The site must connect to City water. There is an existing 12-inch City water main extended to the property from Corporate Landing Parkway. There is an existing 20-inch City water transmission main along General Booth Boulevard. Sewer The site must connect to City sanitary sewer. There are existing 10-inch and 12-inch City sanitary sewer gravity mains along Corporate Landing Parkway. There is an existing 30-inch HRSD sanitary sewer force main along General Booth Boulevard. Virginia Beach Development Authority Agenda Item 6 Page 8 Proposed Rezoning Exhibit Corporate -_- Landing _ Business Porti ' a g.7.7.---2--"--:7-"- C,rarral Both Boulevard ana C°armor I aiidiag ParLawy Vrrgima[kali,Virgin o; I I VIRGIN eA BEACH II:0401101. 26.4 acres-Request to rezone from _;� i I I.,,.� Conditional B-2 Community Business ` M«<A,a.«,.,,.r+.,o0:0 to Conditional I-1 Light Industrial ---..v" ! w"' '" .....-...f \ \ i 000.0 z,..i..0 .« �N \ ��i I ( I ' r_I 1,01 Mt ARE.1....... 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Virginia Beach DevelopmegntAartm6 utheority Aend Page 11 Disclosure Statement I4B Virginia Beach APPLICANT'S NAME Virginia Beach Development Authority DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR -'l Y/ i sclosures must be upda ;ao( Page 1 of 7 Piannina Cor,-- ,-:n a-.: ty Council meeting that pertains El APPLICANT NOTIFIED OF HEARING DATE JJ NO CHANGES AS OF DATE rgJ 6i/l J S Jonath.tn Sander,. El REVISIONS SUBMITTED DATE Virginia Beach Development Authority Agenda Item 6 Page 12 Disclosure Statement 71/4B Virginia Beach ElCheck 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:Virginia Beach Dev't Authority__ 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) See attached list. (B) 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 and 2 $ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach Development Authority Agenda Item 6 Page 13 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 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 (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities... See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Virginia Beach Development Authority Agenda Item 6 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ " Accounting and/or preparer of your tax return ❑ V X Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ 7 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ rt Construction Contractors Engineers/Surveyors/Agents Kimley-Horn and Associates Financing (include current ❑ ' mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services 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 rt contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach Development Authority Agenda Item 6 Page 15 Disclosure Statement Vi31 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Annlic t:nn `' ' Dorothy L. Wood P ANT'S SIGNATURE ` PRINT NAME DATE Page 5 of 7 Virginia Beach Development Authority Agenda Item 6 Page 16 Disclosure Statement arod Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Taylor V. Adams 12 i; It PROPERTY 0 SIGNATURE PRINT NAME DATE Page 7 of 7 Virginia Beach Development Authority Agenda Item 6 Page 17 Disclosure Statement Section 1 Application Disclosure CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 2018/2019 David L. Bernd Bryan D.Cuffee (Treasurer) W.Taylor Franklin Stephen J. McNulty Jerrold L. Miller Penny Morgan Peter K.Mueller Lisa M. Murphy(Secretary) Charles M.Salle'(Vice Chair) Joseph E.Strange (Assistant Secretary) Dorothy L.Wood (Chair) CITY COUNCIL OF THE CITY OF VIRGINIA BEACH Robert M. "Bobby" Dyer(Mayor) James Wood (Vice Mayor/Councilmember, Lynnhaven) Jessica Abbott(Councilmember, Kempsville) Barbara Henley(Councilmember, Princess Anne) Louis Jones(Councilmember, Bayside) Shannon Kane (Councilmember, Rose Hall) John Moss (Councilmember,At-Large) David Nygaard (Councilmember, Beach) Aaron R. Rouse (Councilmember,At-Large) Rosemary Wilson(Councilmember,At-Large) Sabrina Wooten(Councilmember,Centerville) APPOINTED OFFICERS Dave L. Hansen, City Manager Mark D.Stiles,City Attorney Amanda Barnes, City Clerk Ronald Agnor,City Assessor Lyndon S. Remias,City Auditor Virginia Beach Development Authority Agenda Item 6 Page 18 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 uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Beach Development Authority Agenda Item 6 Page 19 Item #6 Virginia Beach Development Authority Conditional Rezoning (Conditional B-2 Community Business District to Conditional I-1 Light Industrial District) & Conditional Rezoning(Conditional I-1 Light Industrial District to Conditional B-2 Community Business District) Corner of Corporate Landing Parkway & General Booth Boulevard District—Princess Anne February 13, 2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Thank you and I'd like to thank all the applicants who had matter on the consent agenda for attending today's hearing. These items will be scheduled for hearing on the city council's agenda, thank you all for coming. The next order of business we will address the remaining manner on our agenda and would the secretary please call the first item. Ms. Sandloop:Thank you Madam Chair. The last item is agenda item number six Virginia Beach Development Authority an application for a conditional rezoning from Conditional B-2 Community Business to Conditional I-1 Light Industrial and a conditional rezoning from Conditional I-1 Light Industrial to Conditional B-2 Community Business on property located at the corner of Corporate Landing Parkway and General Booth Boulevard located in the Princess Anne District. If the applicant or the applicant's representative is present, would you please step to the podium and state your name. Ms. Oliver: And I'd like to take just a minute to say, if all our speakers today would be mindful of their time. There's a three minute limit with the exception of the applicant. The yellow light blinks first and then the red one blinks, so thank you. Welcome. Mr. Royal: Good afternoon again. Randy Royal of Kimley-Horn Associates. I'm representing the Development Authority on this application. We're looking to re-zone 26.4 acres from conditional B-2 to conditional I-1 and then there's a small point one three acre parcel that we really need to re-zone from I-1 to B-2. If you look at the screen, that's probably the best way for me to explain it. Previously, it was 30 years ago; the plan was to have a big commercial strip up front. That's why there was B-2 zoning there from the beginning. There's plenty of B-2 along this quarter in this area here. It was decided with more interest in data centers, office buildings and commercial that we wanted to downsize the more intense use, the commercial use, the B-2. So 26 acres is being changed from conditional B-2 to conditional I-1, which is not open to all I-1 uses, but only uses that would be allowed in the park. We've got proffers from 89 and 96 that are still going to be applicable to this zoning. The park itself is about 144 acres that are still left which is at the yellow line there. As I said, the red area is going to become industrial I-1 conditional I-1 if it's approved. Then up front, bounded by the red and the yellow fronting on General Booth Boulevard, will stay conditional B-2 - ideally for a neighborhood type use maybe Starbucks sandwich shop, something just to serve the park, not an intense commercial use. I think there may be some misunderstandings, we've gotten a couple of letters at the 11th hour. I got one yesterday. I think I got one last Thursday or Friday from a couple of the neighbors out there. They believe that one of the streets, Wandsworth, is going to tie into the park. There's absolutely no intention to tie that in. We have no desire; it wouldn't help us even if we wanted to and I'm confident traffic engineering will not allow us to. You don't want to bring commercial traffic through a residential neighborhood. There was concern with the trees, this whole area here, my hand steady is pretty much wooded and mature trees. We are required to have a 75 foot buffer between development and residential lots. Now it says where there's nothing there we'd create a berm and landscaping. We've got mature trees. The intention would be to leave the mature trees in there for the neighbors. So we believe we're providing a good buffer for them. As I said, I feel this is a down zoning from B-2 which would allow a shopping center in there to I-1 which the intention is to have a data center. There's a lot of misunderstanding because of the project on Greenwich Road, that is a Bitcoin mining still kind of a data center type operation, the noise there. It's adjacent to residential and there's been a lot of concern about it. That's an existing building that they retrofitted to make a data center out of it. They have to keep these things cool. There's a lot of ventilation. They have louvers. They have big fans, it's very loud. Data centers typically, when they're built from the ground up, are not noisy. There is one out here. Right here, this is the old Green Flash now New Realm. Right there is Telefonica actually. I think we call it Te1CS now. That is a data center and I spoke to one of the neighbors out there before the meeting and I asked her, I said, please drive up to that and get out of your car and listen. You're not going to hear anything. It is nothing like the project Greenwich Road. These things are very quiet. There are lots of computers and stuff in there. They need to keep things cool. They have HVAC systems inside, and they don't need to have louvers and fans blowing it out. So it is a very quiet use. So again, I think honestly data centers here, as opposed to commercial retail in this location, is a much quieter and better use. There was a concern or a question about storm drainage. We have done extensive studies on the storm drainage out here. Public Works storm drains has approved what we're proposing. There's absolutely no impact allowed downstream whatsoever. We're actually in the process of enlarging this pond here right now. So there's not going to be any flooding caused by the project either. The lady I spoke with Ms. Simmons and I think she may be signed up to speak, I offered to her. There was a Ms. Plizga who I got a letter from and I called her. She was, I don't know if she's here or not, but she said noon was a tough time for people that work to get here. I offered to meet with them at night. I still would love to meet with them at night. I told Ms. Simmons that final action is City Council. But we really would like to push it through with a recommendation with you guys today because Economic Development already has interest in this parcel. So we're trying to keep it on track. It sounds like we've got a lot of speakers. I'm going to take a seat up front and standby for questions unless you have some now. Ms. Oliver: Do you have a question? Mr. Weiner: Mr. Royal I just want to point out something real quick and I want to apologize to everybody because in our informal I didn't bring the Bitcoin up. I've been involved with that for about a year now with Mr. Kemp and our City Council people and I'm very confident that it will not happen again. Mr. Royal: Oh, yeah, we know. There's a misperception that they're all noisy like that and that's what I wanted to bring out. Mr. Weiner: Sure. I agree. And I apologize, everybody, I should have told everybody about it long ago, but I'm very confident that the City's not going to let that happen again. Mr. Royal: Yes sir, thank you. Ms. Oliver: One more question. Mr. Ripley: Randy. We learned this morning there's a 75 foot buffer correct, still there, will that remain? Mr. Randy: Yes, absolutely. It's, it's in the proffers where we have to do it and as you can see there, there's a lot of trees. So I mean, there will be no reason whatsoever to take down any of those trees. They are mature trees, and we leave 75 foot in there. Mr. Ripley: Okay, thank you. Ms. Oliver: Thank you. We will get back with you. Ms. Sandloop:Madam Chair. We have three speakers today. Barbara Williams, and then Donna Marine and then Catherine Simmons, Ms. William. Mrs. Williams, come on up. Ms. Oliver: Mrs. Williams, if you'll step right up here and lower the mic a little bit to the podium and just lower the mic a little bit, so we can hear you. And then if you will tell us your name. Ms. Williams: My name is Barbara Williams and I'm a resident of Wandsworth Drive. I've lived there for more than 20 years. We've had problems there when we heard that this was going to take place. We weren't against it, but we were concerned that the issues that involve flooding, which has taken place many times and there had been homes damaged. Just now I heard the man mentioned that he has data equipment that will be used, there will be some cooling effect. I'm sure and we like to know if there has been any plans because they will have to, they will have to have some water is that going to be additional, how will that affect our body? That's additional to what I was saying. My question was initially will we have an open block? I was wondering how we could ask questions at a lower and lower level to the gentleman without concerning, you know, our concerns which might seem to be not important to other people, but we'd like to be able to speak to him in private. Ms. Oliver: Well, I do believe that he said that he would be happy to meet with you all since sometimes this time of day is difficult for people who work to get down here. So he definitely just said to all of us that he would be happy to meet with you all on an evening that is suitable on a date for you all. Ms. Williams: I think it would put a lot of people at ease, speaking to him and get our little issues, which might seem not important to you. There were others but we are residents there. We do feel, we were not notified and lose a lot of things that come into it. Ms. Oliver: I think that he will be happy to meet with all of you and after this is over, I'm sure he will get with you right as soon as we're done and arrange to have a meeting with you to help answer all your questions. We all believe in a good neighbor policy. I think that they do as well. Ms. Williams: Okay, thank you. Ms. Oliver: Yes, ma'am. Thank you. Ms. Rucinski: Okay, our next speaker is Donna Marine. Ms. Marine: Thank you very much, I have the same concerns. Ms. Oliver: Well, I'll tell you welcome and if you just come right up and state your name so the clerk of court has that. Ms. Marine: Donna Marine, M-A-R-I-N-E. I have retired from the Navy and decided to stay in the area. The primary reason I bought the house was because of the privacy which I didn't have for 30 years. I wanted it back. I have a very short area between the ditch and when the water comes up, it comes into my yard. What my concern is since you said that you would meet with us, I'd be more than happy to show you a more of a visual person than you sit near going like this with that. I mean I'd like to show you because number one is my privacy, two is possible flooding that many of us are concerned about and security. I don't like to worry, if I'm going to have somebody. Right now, I look at my backyard and I see woods and I see deer. I don't want to see a brick wall and floodlights obviously. I would think I would be in back of any of the building. So if someone could come out, and I wasn't aware that they could, I would be more than happy to just show me what I'm going to be living with. Because once it's all done, nobody else is going to be good. Ms. Oliver: Right and I think that their intent is to leave those woods the way they are with the 75 feet. It's pretty deep. Ms. Marine: When I first went there that you could see through to Corporate Landing but now I'm starting to see, you know, the light of day or lights of from the that brewery or whatever it is on the corner. Ms. Oliver: Okay. Alright, we will get him back up here in a little while and ask some questions. Ms. Rucinski: Okay and our final speaker is Catherine Simmons. Ms. Oliver: Welcome. Ms. Simmons:Thank you. Good afternoon. My name is Catherine Simmons. I'm a 30-year resident to Strawbridge neighborhood and I am a property owner and my property is directly adjacent to the proposed rezoning. Ms. Oliver: Can you show us with the pointer? Its right up there and if you point it has a little light and you can show us exactly where your house is? Ms. Simmons:I'm basically right here at this curve of Lewisham. So my property actually goes to the woods. There's a city easement there now, I guess. I've also mentioned my concerns earlier which were the loss of property value with business centers coming in directly behind our neighborhood and then about the constant noise that cooling like some of these data centers can make. I'm also concerned about the minimum yard setback to my property in the residential neighborhood. Like we said, we currently have a very nice buffer of trees and woods between our property to Strawbridge neighborhood and Corporate Landing. Removing these trees would greatly affect a wildlife we currently have in the area. We have deer, eagles, hawks, fox, coyotes, you know, big variety of birds. It's very peaceful. It's very nice. I would hate to see that removed and I don't feel that we are leaving enough open space for these animals to survive. I would much rather see the trees left and not have simply put up a berm or a blockage. Now I understand that it's only 75 feet but this is tree line is much deeper than 75 feet. I don't know how much is being proposed to leave up. Is it only the 75 feet or would you leave the whole existing wood line there? I also had the same concerns with flooding because our neighborhood has flooded in the past and just what the other runoff would be from the rain runoff from the other property being built. Thank you for providing me this opportunity to speak. Ms. Oliver: We're glad to have you, does anybody have any questions? No. Okay. Thank you so much for coming. So I'd like to give you a chance to come up and address the concerns of the citizens please. Thank you. Mr. Royal: Certainly, flooding is a little off topic but we're also working for the city on that. The city has been doing a lot of modeling. Our firm actually has been hired, separate topic from this, but to start implementing some of these plans, figuring out what it's going to take, helping the city draw up a CIP. This is one of the areas I know they've done a model of the ditch that runs now through the neighborhood there and part of what our task is now, not as part of this but the other contract that I have, is looking at these areas, seeing where the flooding is the worst, seeing where we need to make changes immediately to whatever is necessary. This part is not going to cause anything additional. We've gone through that. That's been looked at. They probably have some shortcomings in there right now from the design, which was probably done 30 years ago. So the city is actively pursuing that and we're actually working for the city on it. Water for cooling, some of these things use water for cooling, but I mean if they do, it's going to be from the underground water lines. Mr. Weiner, you've probably done a lot of research at this point as to what these buildings need to be doing and not retrofitted. So with brand new buildings, there's not going to be anything unique. It's not going to be loud at all. The privacy and flooding, 75 feet is a pretty tremendous setback. Typically a business owner and you've got 10, maybe 20 feet that you could have. We would still have 75 if it was commercial in there, but again a data center is going to be a heck of a lot quieter than a shopping center, which is what could have gone in there before with the current B-2 zoning. So we feel like they're going to have a good buffer; we're going to leave 75 feet in there or if there's not trees like that in front of General Booth, we would put a berm in there and put landscaping on top of it. Security would actually probably be improved for these folks and that the data centers have to be very secure. They have to have fences around them. It's not going to be lit up like a prison, the lighting certainly would be directed inward. There's no reason to light it over to the neighbors there but they have fences around them and they have security to make sure that the it's not breached. I mean the fences in addition to just keeping people from climbing in, they also are setup such that vehicles can't ram them. They're strong fences. Floodlights, the visual property values, just did a presentation to a group and actually it was the one I asked for a deferral on for Taylor Farm, another data center and that group asked the same question, what is going to happen to our property value. Up in Northern Virginia, this guy had done his research and they've done data centers around the country, property values actually increased adjacent to data centers. I think it's kind of a no brainer, that if you have a shopping center beside you or a data center, what's going to be the better use? The data center is certainly going to be better and it's proven up in the Northern Virginia area where property values have increased when being adjacent to these uses. I think that was all the items. Like I said, we're not planning on moving the trees. Noise is going to be minimal, flooding is being looked at by the city,but we're not going to have any impact with our project. Yes, ma'am. Ms. Rucinski: I have a question, where would this building be located on the site? Mr. Royal: We don't know, it all depends, I mean, we don't have a user right now and there's a future road that would go up right here. So lots would probably come in this way off of that road, but generally, they're oriented towards the front. I'm actually designing one right here right now and the building is up towards the front and we have a backyard. We've got probably an extra hundred feet because they just don't need it. Ms. Rucinski: So this will be more to General Booth Boulevard than Corporate Landing? Mr. Royal: Well, Corporate Landing Parkway is right here, Perimeter Parkway is the new road, which would be right here that would probably be the frontage for these lots that are coming this way along them here. There would be no access on General Booth Boulevard and there's not any trees there, but there's also going to be a 75- foot buffer there. So that'll be a berm and landscaping alone there and no entrances. Ms. Rucinski: Okay, thank you. Ms. Oliver: Yes, go ahead. Mr. Wall: So who owns the ditch that's behind Lewisham way, like behind the homes. Mr. Royal: I don't honestly know without looking at the GIS whether it's part of the corporate landing property or part of the neighbors' lots. There's probably an easement over to where the city has the rights to maintain it. When I talk to the neighbors, that may be one of the things I discuss with them. We also work with Public Works on maintaining the ditches around the city. There's a program that they have to clean them out. A lot of times, that can make a heck of a difference. They get clogged up, they're not operating as they should, but either way, I'm confident that there's an easement over it no matter who owns it, such that the city could maintain it. Mr. Wall: That buffer is hard to see where it would be measured from for the tree buffer. If it's where that line because some would cover it? Mr. Royal: This is pretty good, what staff has done here. I mean, we did a map for them. The jog exists right there and then the property goes up in yellow, but that's kind of the line I can't tell. It almost looks like there are some trees probably around the ditch that the lady was talking about, and then we have trees on our side here. This one, the cul-de-sac, goes right up to the edge of the property and so the trees start right there. So it'd be 75 feet from that edge. And this one, you may have a few more trees here from just what I am on. Mr. Wall: Okay, yeah, it just, to me it's in the ditch, is 30 feet wide. So it really wouldn't have 75 feet of trees. You'd really only have, you know, 45 feet of. Mr. Royal: This is just a slide right. I mean, Google Maps left a zero on there we could see it. Mr. Wall: Okay, I was just curious. I got it. Ms. Oliver: Any other questions, no okay, thank you. Alright, we're going to close the hearing and we'll open it up for discussion amongst the Commissioners. Anybody have any comments? Commissioner Redmond. Mr. Redmond:Well, I just reiterate what I said this morning. This whole park was laid out a long time ago and I don't know that there was really a whole lot of thought given to any of the zoning designations that existed there in at the time because they were typically addressed as each parcel came up and so I see this really as an effort to modernize the zoning within the park and make it more appropriate to 2019 and generally to the 21st century. This is an old 20th century suburban office park model on which was conceived in that model really doesn't work very well today. At the same time, there are a number of uses that are more appropriate in the zoning designation that sought for the park and but also commensurate with the kind of investment that we're seeing. This is the People's Park, we own this. This is city land, and we're actively marketing it on behalf of the city. The Economic Development Department is and there's interest in it. It seems to me entirely right and sensible that we would modernize the zoning in the park to make more sense for what we're trying to do today. We do by virtue of the transatlantic cables and the energy that's been created; we do have an opportunity today that we haven't had in the past. So it's an important thing that we undertake the process of correctly placing zoning within corporate landing. There's still quite a bit of land in there, quite a bit of opportunity but we've got to get it right and it's been vacant for a very long time, because we're committed to getting it right. So I think we ought to continue to do that and I am absolutely convinced that a 75 foot buffer, whether it's trees, ditch or anything else isn't entirely a luxurious buffer. It's a big buffer. I don't know there would be any impact very frankly, beyond that so that's my spiel and I would urge everyone to support it. I will myself, thank you, Ms. Oliver: Anybody else? Mr. Wall. Mr. Wall: I think it's a lower intensity use than what could be developed by-right. So, business would have been more of an intense, more of a noise producing development. So I would tend to support it just for those reasons. Ms. Oliver: Great, anybody else, well yes. Mr. Horsley: I think I'm all in favor of the project also and I think the concerns brought by the neighbors, I think they most of all can take care of those, they seem like to me pretty easy. People understand what the project is all about. I'm ready to make a motion. Ms. Oliver: Okay. I think, yeah, I think I agree with you and I think that the applicant is going to work well with the neighborhood as far as taking care of your concerns, and making sure that they are very good neighbor going forth with all of you. So I know that they, I saw that he gave him his card to you all, I'm sure that he will address all your concerns as soon as you get with him. So I think we have a motion on the floor by Commissioner Horsley and we have a second? Mr. Redmond:Second. Ms. Oliver: The second by Commissioner Redmond. Ms. Sandloop:The vote is open. By recorded vote of 10-0, agenda Item number six has been approved. Ms. Oliver: Okay, thank you. And I do believe is there any further business, if not, on behalf of my fellow Commissioners, I would like to thank everyone for attending and thank the planning director and her staff for their excellent work and preparing today's agenda and Robert again, we will all miss you very-very much. The meeting is adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS PROFFER 1: The land to be rezoned shall be as shown as the 26.4 acres designated as AREA 1 on the exhibit entitled "EXHIBIT 1, Corporate Landing Business Park, General Booth Boulevard and Corporate Landing Parkway, Virginia Beach, Virginia" dated December 3, 2018 and prepared by Kimley-Horn and Associates shall be rezoned from Conditional B-2 to Conditional I-1. Development of the parcel shall be in accordance with the proffers as recorded in Deed Book 3633, Page 0774 dated January 16, 1996. PROFFER 2: The land to be rezoned shall be as shown as the 0.13 acres designated as AREA 4 on the exhibit entitled "EXHIBIT 1, Corporate Landing Business Park, General Booth Boulevard and Corporate Landing Parkway, Virginia Beach, Virginia' dated December 3, 2018 and prepared by Kimley-Horn and Associates shall be rezoned from Conditional I-1 to Conditional B-2. Development of the parcel shall be in accordance with the proffers as recorded in Deed Book 3633, Page 0774 dated January 16, 1996. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 1989 PROFFERS THAT REMAIN IN EFFECT 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical, financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers, freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling, warehousing, storage or distribution establishments. 10. Eating and drinking establishments in connection with other permitted uses (no free- standing restaurant sites). 11. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical, financial, nonprofit, professional, and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses (no free- standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools, colleges and universities. 9. Public utility facilities. 10. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space, and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries, confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios, offices, and clinics. 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three(3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores,beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists, gift shops and stationery stores. 10. Service and repair services for business machines, sign shops and other small service businesses. 11. Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000) square feet. 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18. Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. 22. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings. 23. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area, width, yard spacing, floor area ration, and coverage: R & D MDO MXD2 Minimum Lot Area _ 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth 75' -- 75' Boulevard Minimum Yard Setback Adjacent to Corporate 75' 75' 75' Landing Drive Minimum Yard Setback Adjacent to Other 50' 50' 50' Public/Private Streets Minimum Yard Setback Adjacent to Residential 75' 75' 75' Neighborhoods Minimum Yard Setback Adjacent to Side Property 30' 30' 30' Lines Minimum Yard Setback Adjacent to Rear Property 30' 30' 30' Lines Maximum Floor Area Ratio .50 .90 .90 Maximum Building and Paved Area Coverage 75% 60% 75% (excluding outside plaza and gathering areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth 75' -- 75' Boulevard Minimum Yard Setback Adjacent to Corporate 50' 50' 50' Landing Drive Minimum Yard Setback Adjacent to Other Public 50' 50' 50' Streets Minimum Yard Setback Adjacent to Private Streets 25' 25' 25' (excluding access drives & parking lot drive aisles) Minimum Yard Setback Adjacent to Residential 75' 75' 75' Neighborhoods Minimum Yard Setback Adjacent to Side Property 15' 15' 15' Lines (excluding common drive aisles between parcels) Minimum Yard Setback Adjacent to Rear Property 15' 15' 15' Lines Minimum Yard Setback Between Parking Lots & 20' 20' 0' Buildings (excluding sidewalks) 4. The maximum building height for the various use classifications located within the property are as follows. A. R&D: 35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300' of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2: 35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5. General Requirements Applicable to all use classifications located within the property. A. Parking Requirements: The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift, whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards,however, such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. C. Landscape Requirements (Minimum) 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm(minimum height four(4) feet up to approximately ten(10) feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a beim and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer(minimum width 15 feet)between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6. The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. 1996 MODIFIED PROFFERS THAT REMAIN IN EFFECT 1. All uses permitted in the R&D Research and Development Office Warehouse District(R& D) shall be permitted within the MDO Medium Density Office Use District(MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R &D district. 2. In addition to the uses identified in the prior proffers, within the R&D and MDO districts the following uses are permitted: A. Manufacturing B. Public buildings and grounds C. Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein, the prior Proffers shall remain in full force and effect. J`,�G�N�B4,gC�G Ek, - ._ ,.,p:› ,',,,z CITY OF VIRGINIA BEACH U . Y * `� INTER-OFFICE CORRESPONDENCE 9 'fig �� /:-$ OF 'OUR- At:ONS In Reply Refer To Our File No. DF-10161 DATE: March 8, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 4, \ DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Development Authority The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 19, 2019. I have reviewed the subject proffer agreement, dated January 23, 2019 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: Nancy Bloom Prepared by: Office of the City Attorney GPIN: 24151235350000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY To (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this day of January 2019, by and between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of one (1) parcel of property located in the Beach District of the City of Virginia Beach, containing a total of approximately 144.2944 acres with an approximately 26.53 acre portion of that property designated as AREA 1 and AREA 4 on the exhibit which is entitled "EXHIBIT 1, Corporate Landing Business Park, General Booth Boulevard and Corporate Landing Parkway, Virginia Beach, Virginia" dated December 3, 2018, prepared by Kimley-Horn and Associates and attached hereto and incorporated herein by this reference is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as owner of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property being AREA 1 from Conditional B2 Commercial District to Conditional 11 Light Industrial District and AREA 4 from Conditional 11 Light Industrial District to Conditional B2 Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the 11 Light Industrial District and B2 Commercial District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors and assigns, grantees, and other successors in interest or title: 1. The land to be rezoned shall be as shown as the 26.4 acres designated as AREA 1 on the exhibit entitled "EXHIBIT 1, Corporate Landing Business Park, General Booth Boulevard and Corporate Landing Parkway, Virginia Beach, Virginia"dated December 3, 2018 and prepared by Kimley-Horn and Associates shall be rezoned from Conditional B-2 to Conditional I-1. Development of the parcel shall be in accordance with the proffers as recorded in Deed Book 3633, Page 0774 dated January 16, 1996. 2. The land to be rezoned shall be as shown as the 0.13 acres designated as AREA 4 on the exhibit entitled "EXHIBIT 1, Corporate Landing Business Park, General Booth Boulevard and Corporate Landing Parkway, Virginia Beach, Virginia"dated December 3, 2018 and prepared by Kimley-Horn and Associates shall be rezoned from Conditional I-1 to Conditional B-2. Development of the parcel shall be in accordance with the proffers as recorded in Deed Book 3633, Page 0774 dated January 16, 1996. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 2 All references hereinabove to the B2 and 11 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of 3 the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signature and seal: Grantor: Cit .f Virginia Beach Development Authority 0 (S.�� EAL) 6•rothy Woof, 1 " Chair Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this o�3 day of-3—AWvq,L.y 2019, by Dorothy Wood, Chair of City of Virginia Beach Development Authority, Grantor. i // Notary Pullf / ffflf If illi, ��``, V\!S 7.„(,#'#,,, My Commission Expires: I t r3O I ZOzC� ,'�*••I'v n� 1 Notary Registration Number: 7(p`19 3(„7 - •':'�� MY �‹��� '= COMMISSION : '- • NUMBER : ,C 1>0�• 7674367 �C) ''12/*giTi ....v\.'' ''fff,111f Iff..,` APPROV7-D AS"'"'010 l ii LEGJI cm:FAY it 11 /� II 4 FIFA a�jw 4 • .� z mw wamy 0 " "g r ��'So ry 2 <1 Z, LLN�m b � LSz II N se ° o z _ g aP�a �aNr th ' L. Q.. . ., °,,-,.- Qa -" 3 S u < z = 03za3_ Zw� °zz � 0 4 _ O m ' Z o 0 ° J ' z '`'°EM3 zn ll)zm451T Erpi c =hC awis5@ N i, a ° °C WO< Q!!; ¢ � ugO wi. �/ mtO ,zKO �z¢w¢wi? 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G., / 4!. , A <:',„„--1 N,-/ , _,,e'r.-- ,,....1k 11, • .* w '. .' J EI -'- 0\---' ri I '-,..P ,-'•.'4 4 .....„ .5,„,, , . . ., 0 ..--- v .. As 9 (--.- .:1 .._.; , S Ili ( . / .•-,,.. 111.11)' „., -Nr opp ,. . De 11.1:‘ •".,, ., i ', .., c;,\ .., ot,:. e*, C34p--)411* 0, ,,. ..,s • . a. , . .,. •-•.../> <>:, ik 4 \''''- Tor!to 4* 1 • / 11) % 17 Ct / �KufA r z(Z i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRADITIONAL CONCEPTS, LLC & VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC. [Applicant] VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC. [Property Owner] Conditional Change of Zoning (R- 15 Residential District to Conditional R-10 Residential District) & Modification of Conditions of a Conditional Use Permit (Religious Use) on the property located at 4125 Indian River Road (GPIN 1474534410). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: March 19, 2019 • Background: The subject 10-acre site is currently occupied by Victory Baptist Church, two single-family dwellings, and several accessory structures. A Conditional Use Permit allowing the church was approved by City Council on December 8, 1998. The church is requesting a modification of the Use Permit to allow a reduction of the acreage devoted to the church. The reason for the church's request is a proposal by Traditional Concepts to develop 8.19 acres with up to 13 single-family dwellings (one of which is an existing home). In order to develop the site as proposed, a modification to the Conditional Use Permit as well as a rezoning from R-15 Residential to Conditional R-10 Residential District are requested. Based on public comment at the August 16, 2016 City Council meeting regarding drainage issues occurring in the adjacent Hillcrest Meadows neighborhood, the requests were indefinitely deferred by the City Council. Since the deferral, ditch maintenance has occurred, as well as modifications to the existing stormwater management facility, which is located on the church's property but receives stormwater from the Hillcrest Meadows neighborhood. Also, as a result of the rezoning request, a preliminary stormwater management strategy has been reviewed and accepted by City Staff. It addresses the necessary stormwater components for the new residential construction, noting that no stormwater from this new development will be directed into the existing stormwater pond on the site. • Considerations: The proposed development is consistent with the transitioning pattern of land uses that has occurred over the last two decades along this portion of Indian River Road. With a resulting density of 1 .59 dwelling units per acre, the proposal is compatible with the surrounding area with densities ranging between 1 .98 to 3.0 dwelling units per acre. Traditional Concepts, LLC & Victory Baptist Church of Virginia Beach, Inc. Page 2 of 3 The modification of the Conditional Use Permit will result in a reduction of the church's property to 1.81 acres, which is below the minimum of three acres required in Section 240.1 of the Zoning Ordinance for stand alone churches. The three-acre requirement is required so that churches have ample opportunity to grow. Unfortunately, the church has experienced a decline in membership over the last few years and therefore believes that the additional property will not be necessary for future growth. It is important to note that while the church's acreage will be reduced, the site will continue to support the required minimum number of on-site parking spaces as set forth in the Zoning Ordinance. Additionally, a deviation to the 30-foot side yard setback required for a building adjacent to the street in the R-15 District is being pursued. The church building is depicted on the plan at 16 feet from the property line. Staff concludes, and the Planning Commission agrees, that both deviations will not adversely impact the adjacent properties, particularly given that the church has existed on the site for many years. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1 . All conditions of the 1998 Conditional Use Permit as well as the conditions of the 2008 Modification are null and void. 2. Development of the church site shall be substantially as shown on the Preliminary Subdivision Plan entitled "PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY", sheet Cl, dated 12/10/18, prepared by Pinnacle Group Engineering, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan"). 3. Any trash dumpster on the site shall be enclosed by a solid brick wall (brick substantially matching the existing brick on the building) or a vinyl fence of six feet in height. No dumpster shall be located within 40 feet of Lot 13 on the plan identified in Condition 2. 4. Light fixtures may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Traditional Concepts, LLC & Victory Baptist Church of Virginia Beach, Inc. Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. (4_________„ Submitting Depart Agency: Planning Department ti ., City Manager. NApplicant Traditional Concepts, LLC & Victory Baptist Church Agenda Item of Virginia Beach, Inc. 1 Property Owner Victory Baptist ChurchD3 Public Hearing February 13, 2019(Deferred January 9,2019) Virginia Beach City Council Election District Princess Anne Request Modification of Conditions (Religious Use) Conditional Rezoning (R-15 Residential to Cr'` Pe yton Way Conditional R-10 Residential) cP ,,` 2,- '4,,, NYP,0V A Subdivision Variance (Section 4.4 (b) of the °'Lc`b (9'4" 'IP) �`' A Subdivision Regulations) o,�•-' , ��°t.4, Staff Recommendations . ,.. Ihrink, 1.60"" r Approval of Modification of Conditions & ,,,a �° '''N 3 g Conditional Rezoning `" , J.. N. �� s �m Approval of Withdrawal of Subdivision Variance � � `` 4a` , Staff Planner ')q „.0 k`' Jonathan Sanders 60 77 d6 DN,'�p6°aCe 9@ Location ` 70 75 dB DNL 4125 Indian River Road GPIN 1474534410 Site Size 10 acres AICUZ Less than 65 dB DNL Watershed �.-,:.• 4 'C Southern Rivers �.`' / ,c ' INI1' 41 i Existing Land Use and Zoning District co` '¢ «' f o .;, Church and parsonage/ R-15 Residential t�aer o l\. �� i--. i s Surrounding Land Uses and Zoning Districts ',-4...1:r:',', '` . ' I'- North �!' ��+ . ), . . , .'. 4-6'..i 4”, Indian River Road ,� * ._ :, 9 " Single-family dwellings/ R-15 Residential ' 4'` <y �, "�� South - 4' Yoh_ \ Wetlands/ R-15 Residential , • vv t, n o East >;, Single-family dwellings/Conditional R-10 _``.. 2. Residential West Single-family dwellings/ R-15 Residential Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 1 Background and Summary of Proposal • This request was deferred for 30 days by Planning Commission at the January 9, 2019 hearing in order for the applicant to address concerns raised by Staff regarding the Subdivision Variance request. The applicants have since revised the concept plan reducing the number of proposed residential lots from 14 to 13. The proposed layout now meets the standards of the Zoning Ordinance and a Subdivision Variance is no longer needed. The applicants have requested to withdraw the request for the Subdivision Variance. • Additionally, since the January 9, 2019 Planning Commission hearing,the Department of Public Works Staff has verified that the City will no longer be pursuing right-of-way acquisition in this area, including the southwestern portion of this property,for what was once envisioned as the Southeastern Parkway and Greenway. The Master Transportation Plan will be amended in the future to clarify this directive. • In June 2016, requests to rezone the property from R-15 Residential to Conditional R-10 and to modify the conditions of a Conditional Use Permit for a Religious Use were heard by the Planning Commission and forwarded to the City Council with a recommendation for approval.At that time,all proposed lots met the minimum standards of the Zoning Ordinance. At the August 2016 City Council meeting, the requests were deferred in order to allow additional consideration of issues raised by the adjacent neighbors,specifically with regard to stormwater, as portions of the stormwater captured from the Hillcrest Meadows neighborhood (the adjacent neighborhood to the northwest) is directed into an existing stormwater pond on this site.Since then,the applicant has submitted a preliminary stormwater management strategy that addresses deficiencies in the existing stormwater facility on the site while accommodating future stormwater runoff from the proposed development. Staff has determined that the submitted strategy does have the potential to comply with current standards and regulations. e E - r---- RIO j i guar I iae 5 �r Y fy ) • I X'$C-id��r,=M(E� _ .a.,.r A y k rn. I r.: -_ yy r f. LOT Iry • . '.. car I .;,2— - .wsir av'e'r I 7 I ! _ , �' .4�... )t.r.+• �.. r■ 4 I 1...... 7 ... II III IS •I I I . _I � 114 sp s' i �e 2 0 R !I '3 t5 ; R R �t ."s. N Sod t • a t: Previous lot configuration reviewed by Planning Commission in June 2016 • The 10-acre site is currently occupied by Victory Baptist Church,two single-family dwellings, and several accessory structures.A Conditional Use Permit for the 10,980 square foot church was approved by City Council on December 8, 1998. Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 2 Conditional Rezoning • Traditional Concepts, LLC requests a Conditional Rezoning of 8.19 acres of the site from R-15 Residential to Conditional R-10 Residential in order to develop the site with 13 single-family dwellings, which will include the existing two-story dwelling on the site. • The resulting density is proposed as 1.59 dwelling units per acre (du/acre), which is comparable to the surrounding area. Dwelling unit density of neighborhoods in the surrounding area are as follows: 3.0 du/acre in Indian River Meadows, 2.02 du/acre in Hillcrest Farms, and 1.98 du/acre in Hillcrest Meadows. Under the current zoning of R-15, it appears that up to 10 or 11 dwellings could be developed on the 8.19 acres, which doesn't include the residual 1.81 acres for the church. • The proffered elevations depict four two-story house designs with at least 2,400 square feet of living area and no less than a one-car garage. The overall architectural style of the houses is traditional suburban utilizing various elements of vernacular and colonial styles.The primary exterior building materials will consist of a combination of architectural shingles,cement fiberboard siding, stone, brick, premium vinyl siding and/or wood. Modification of Conditions • Victory Baptist Church of Virginia Beach, Inc. requests a modification of the current Conditional Use Permit for a reduction of the area of the site subject to the Conditional Use Permit.The request will reduce the church's property to 1.81 acres. Section 240.1 of the Zoning Ordinance, which provides the specific standards for religious facilities, states that the minimum lot area for a religious use be three acres; therefore,the proposed lot area for the church will be deficient by 1.19 acres.The 1.81 acres remaining for the church will consist of the immediate area around the church and a reconfigured parking lot with 66 spaces that will wrap around the southeastern side of the building.The lot for the church will remain zoned R-15 Residential. • A second issue pertains to the side yard setback for the church with the dedication of the new public right- of-way that will serve the subdivision.The submitted site plan shows that the distance between the northwestern wall of the church building and the new roadway is 16 feet.This setback is deficient by 14 feet and requires a deviation to the standard. For any use other than a dwelling, located within the R-15 Residential District, Section 502(d)(10) of the Zoning Ordinance requires a 30-foot setback for any side yard adjacent to a street.There is insufficient area for both the 50-foot right-of-way and the required 30-foot setback. The 16-foot setback maintains an adequate distance from the right-of-way to the church, while allowing sufficient area for maintenance access and safety. Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 3 4 *ArVS, -15 Zoning History # Request �44 � „.#jp® i CRZ(R 15 to Conditional R 10) Denied 05/27/2014 VS)teed4k-st.\ ��� ��®'. 2 CRZ (R 15 to Conditional R 10) Approved 05/27/2008 4 41" q`1� 4� 3 CUP (Religious Facility—Church with Childcare) �� 44,14>A0.4, �� �� �� Approved 12/08/1998 �j 'r pp R-15 j� ��®►,� 4�\ 4 MOD(Modification of Conditions—addition of a single- �� '® family dwelling on site) Approved 08/12/2008 i ®®� � �� CUP (Religious Facility—Church) Approved 12/08/1998 *le.�4 ; 5 REZ (R-15 to R-15 [Open Space Promotion]) Approved \ . 12/12/1988 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Staff finds the request to rezone 8.19 acres of a larger 10-acre site acceptable and also supports the request to modify the Conditional Use Permit for the church in order to reduce the area from 10 acres down to 1.81 acres. The proposed lots now will meet the standards of the Zoning Ordinance in terms of lot area and lot width, and the preliminary stormwater plan has the potential to comply with the City's regulations. The church is requesting to deviate from the required three-acre lot requirement for a Religious Use.The three-acre requirement is in place so that churches have the opportunity to grow; however,this congregation is experiencing a decline in membership.Also, a request to deviate from the 30-foot side yard setback required for a building adjacent to the street in the R-15 District is being sought by the church.The church building is depicted on the plan at 16 feet from the property line. In Staff's view there will be adequate distance from the right-of-way to the church to accommodate sufficient area for maintenance access and safety. Through the provisions of Section 221 (i)of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to the lot area and to the side yard setback requirement will not adversely impact the adjacent properties, particularly given that the church has existed on the site for many years. As previously noted, City Staff will no longer be actively pursuing right-of-way acquisition in this area, including the southwestern portion of this property,for a proposed roadway.The Master Transportation Plan will be amended in the future to clarify this directive. The property is located within the Stumpy Lake Dam Inundation Zone (see page 10 for a map showing this zone),and as such, it is recommended that the lowest adjacent grade to any structure exceeds the design flood elevation of 8.30 feet, and that the right-of-way and sidewalk elevations meet or exceed an elevation of 8.30 feet(NAVD88). The applicants have provided Proffer 6 to ensure that the proposed development will meet this standard. Based on the considerations above,Staff recommends approval of the request subject to the conditions and proffers below. Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 4 Conditions 1. All conditions of the 1998 Conditional Use Permit as well as the conditions of the 2008 Modification are null and void. 2. Development of the church site shall be substantially as shown on the Preliminary Subdivision Plan entitled "PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY",sheet Cl, dated 12/10/18, prepared by Pinnacle Group Engineering, Inc.Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Preliminary Subdivision Plan"). 3. Any trash dumpster on the site shall be enclosed by a solid brick wall (brick substantially matching the existing brick on the building) or a vinyl fence of six feet in height. No dumpster shall be located within 40 feet of Lot 13 on the plan identified in Condition 2. 4. Light fixtures may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the property is developed, it shall be as a single family subdivision with no more than thirteen (13)single family residential lots, with one lot containing an existing home,designated as Lot 12, and one additional lot to remain as a church use, designated as Lot A,substantially in accordance with the Preliminary Subdivision Plan designated "PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY",sheet Cl, dated 12/10/18, prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Preliminary Subdivision Plan"). Proffer 2: The total number of residential lots permitted on the Property shall not exceed thirteen (13) (including Lot 12). Each new home shall contain a minimum of 2,400 square feet of living area and at least a one (1) car garage. Proffer 3: Lot A with the existing church shall continue in its current use as allowed under the Conditional Use Permit granted to Victory Baptist Church of Virginia Beach, Inc., by Grantee. Proffer 4: The architectural design of the residential dwellings and any detached garages will be substantially as depicted on elevations exhibited on the designated "PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY", sheet Cl,dated 12/10/18, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning.The exterior building elevations shall be limited to the following materials,and each elevation shall include some combination of: architectural shingles, hardiplank, stone, brick, premium vinyl siding,fiber cement siding, and/or wood. Proffer 5: Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 5 When the Property is developed, the Grantor shall record a Declaration submitting the Property to a mandatory membership Homeowner's Association, which shall be conveyed title to any Open Space and/or BMP Lot, and shall be responsible for maintaining all open spaces, landscaping and other improvements in the BMP Lot(s) on the Property as depicted on the Concept Plan. Proffer 6: When the Property is developed, the ground elevation surrounding and immediately adjacent to any structure shall exceed 8.30 feet as referenced by the North American Vertical Datum of 1988 (NAVD 88) and the right-of-way and sidewalk elevations on the Property as depicted on the Concept Plan shall meet or exceed an elevation of 8.30 feet NAVD 88. Proffer 7: Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, density and architectural design. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is adjacent to Gum Swamp, which is associated with the North Landing River and is part of the Southern Watershed. The applicant has delineated on the submitted plan the extent of the Southern Watershed Management Area. The site is located within the Stumpy Lake Dam Inundation Zone (see page 10 for a map showing this zone). When development or redevelopment in an inundation zone is proposed, the Dam Safety Act requires evaluation of the impact that development will have on the hazard classification and corresponding design flood standards of the dam. If the proposed development worsens the hazard classification of the dam, then the dam may need to be improved to safely pass a greater design flood. In 2015, a study was commissioned by the City to evaluate the impact of this proposed development (and others) on the hazard classification of the Stumpy Lake Dam.The study determined that this proposed development was not anticipated to change the current hazard classification of the dam provided that the lowest adjacent grade (LAG) to any structure exceeded the design flood elevation.The study further recommended that all LAG, roadway, and sidewalk elevations meet or exceed an elevation of 8.3 feet (NAVD88). While there appears to be no immediate impact to the hazard classification and design flood standards of the dam caused by this proposed subdivision, it should be noted that any new development, including this one, within the inundation zone will elevate the risk profile of the dam. The following points should be given proper consideration when evaluating any request to develop property located within the inundation zone to a density greater than that which is permitted by-right: 1. Increasing the population residing within the inundation zone will result in direct impacts to notification and evacuation procedures required at specific elevated lake levels caused by severe weather events. Traditional Concepts, LLC &Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 6 2. Evacuation of residents within the inundation zone can be complicated by roadway flooding of evacuation routes during severe weather events. Increasing the number of residents requiring evacuation will increase the evacuation time and/or resources required. 3. Filling on land within the inundation zone has the potential to displace the limits of the inundation zone to area currently outside it. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 8,095 ADT 1 13,600 ADT 1(LOS 4"C") Existing Land Use 2—87 ADT 16,200 ADT 1(LOS°"E") Proposed Land Use 3- 197 ADT 'Average Daily Trips z as defined by an 11,000 3 as defined by an 11,000 square foot 4 LOS=Level of Service 1 square foot church and two church and 13 single-family dwellings single-family dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road, in this vicinity, is considered a two-lane undivided minor suburban arterial. The existing infrastructure currently resides in an 80-foot variable width right-of-way. The MTP proposes a four-lane facility within a 145-foot right- of-way. Public Utility Impacts Water The site is currently connected to City water. There is an existing 10-inch City water main along Indian River Road. Sewer The site is currently connected to City sanitary sewer. There is an existing 10-inch City sanitary sewer gravity main along Indian River Road. School Impacts School Current Enrollment Capacity Generation 1 Change 2 New Castle Elementary 735 801 4 1 Landstown Middle 1,412 1,481 2 0 Landstown High 2,163 2,569 3 0 "'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). Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 7 Proposed Site Layout avow a3Aua NVIONI - i 14- < -o - r li. .g . N IL A c I 1 ,i - LOD 'd .11.n- .11.66 Z - _ Gig a§ N c .tq _g . !t 2 IL .. x ..: =_ - gg c c111111111 y " i _8 4- Y 7 � -. Y to Y v. i g c 3 > ..� A W 1/1 LL K L:�. I.. Y N l I. 0 ; r • I: 1/ O O u N1 vx A :l iaxLL :ba N / \ v& A A IV F+ çi t 1a 1itr. 0_ Lti Li- A + '''''''''I' ' to \ '+i r A v if 4 ,Ia AlV A 1 g f ii ____________i"---,..., " • t ".\ i N. 1 s Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 8 Proposed Elevations .,....,.... , _ _ _ .,_, , .1 , -_ . ..... _. _ _ _ _ _ _ _ _ _ ___ ,„. . /,‘„ __ ___ _ _ __ . _ _ _ _ / - : ; lir/.,`,1 i'l 1 . c o lt, _ ,� _-- -• ••tt , . 'i4Ik } t om; *1 ti � - •� t '1 - , - _F 1 ,. ,� - X11�� 7-1 .. Cottage Home Low Country Home � ' 190 ; is Li — 1 I 1 ,_ r 3 Car Garage Home Traditional Home Traditional Concepts, LLC &Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 9 Stumpy Lake Dam Inundation Zone Hillcrest Hakrest Farms }Intik Stumpy Lake ''' �,6 e` �11, Hillcrest ,`` \[eadosrs '5 r. 'au.,.,,h, (QC' mis ...""..^ Ra NO- Jn y SITE 4,0;. `4, Indian Ricer O'9i ,w Meadows �P"�O �, dp. ( i 0.. Gum Ss,'amt) !,. Desrbci is \ Farms sF 4 t, India. STUMPY LAKE DAM CHs Riv INUNDATION ZONE sFarms , ', Gu,n Swamp ‘k RORLR °` y, ®oor T 4_ Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 10 Site Photos . Ato -- — �e�Y 1 -016 - - -••--"..5 '".� • ' r iy.f n.*-yo-.,4 7 A a . ,• _nn,_„.d :sem z r - , ,Y.dF, ,.may t,( '1 �/ bb t . 61,za ;„401,;=P--dr--14,,,,:',..q;,,,:.., `,: 4 ` yr 0 ' fr., ik' 71rej'ts `",,r 7 z '",�r't `',4 +GrL+.�> 4 F ya iip r.; T1.t;= • R „,, ,JN. { '„ x' • 3.�'-• J , 4- 5'�:V."!vt' i �4' i, Nis . -}i 4ry 7' YS l! Alk + spa. "1`( • 1 SII II �, -_ -�-— ti:4 +V`` ` Y, .,"°<''' .4.1 ;."471' .. : .. a- '' .•11.7.",-.. "7-:,..7-44.14:i.. 7,4,,,..'• „" - mo 'w ,, 3 �' .wr y c T lr7 . R Traditional Concepts, LLC &Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 11 Disclosure Statement 0,9 Virginia Beach APPLICANT'S NAME Victory Baptist Church of Virginia Beach, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY ..,.,.,,closures must be upa,::ed two(2)weeks prior tc ary Page 1 of 7 Planning Commission and City Council meeting that pertains to the apphcation(s). El APPLICANT NOTIFIED OF HEARING DATE Fr NO CHANGES AS OF DATE- 3/6/1 ' CJS Jonathan Sanders o REVISIONS SUBMITTED DATE Traditional Concepts, LLC &Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 12 Disclosure Statement 0" Virginia Beach 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:Victory Baptist Church If an LLC, list all member's names: Leslie Smith, Kevin Inmon, Norman Smith, Paul Smith If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck 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 Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 13 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 14 Disclosure Statement APPLICANT \113,„,, Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ® ❑ Contract Purchaser(if other than Traditional Concepts, LLC the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ „ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Pinnacle Group Engineering, Inc. Financing (include current Southern Bank and Trust Company mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) jt Legal Services John M. Napier, Esq., PLLC 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 rt 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 Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ___ ,c•Zix:€ _ PROPERTY OWNER'S SIG ATURE j3 PRINT NAME DATE Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 16 Disclosure Statement OWNER \i g i,. Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ '=4 Accounting and/or preparer of your tax return I I Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Traditional Concepts, LLC 111 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ElEngineers/Surveyors/Agents Pinnacle Group Engineering, Inc. Financing (include current Southern Bank and Trust Company I ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services John M. Napier, Esq., PLLC 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 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 6 of 7 Traditional Concepts, LLC &Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 17 Disclosure Statement NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has 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. 6:z/ix:e AjA467/7) ' eiAi'S' /-e--- ew.--- wA /0o/ado PROPERTY OWNER'S SIG ATURE PRINT NAME AT Page 7 of 7 Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 18 Disclosure Statement VB Virginia Beach APPLICANT'S NAME Traditional Concepts, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR cri r Page 1 of 7 Pianr n9 Con Council ,q that pertao 0 APPLICANT NOTIFIED OF HEARING DATE ❑ NO CHANGES AS OF DATE 0 REVISIONS SUBMITTED DATE Traditional Concepts, LLC &Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 19 Disclosure Statement Virginia Beach 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:Traditional Concepts, LLC__ __ If an LLC, list all member's names: Wayne R. Crosby and Lesli Crosby If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck 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 Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 20 Disclosure Statement 1VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return • N( Architect/ Landscape Architect/ V�I Land Planner ❑ Contract Purchaser(if other than L•/ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) '% Construction Contractors ElEngineers/Surveyors/Agents Pinnacle Group Engineering,Inc. Financing (include current ❑ „ mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services John M. Napier,Esq. PLLC 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 ❑ .A 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 Traditional Concepts, LLC &Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 21 Disclosure Statement • V3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this 1 Application. f APPUCAN ' SfGNATURE PRINT NAME DATE i) Page 5 of 7 Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit 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. Traditional Concepts, LLC&Victory Baptist Church of Virginia Beach, Inc. Agenda Item D3 Page 23 Item #D3 Traditional Concepts, LLC & Victory Baptist Church of Virginia Beach, Inc. Modification of Conditions (Religious Use), Conditional Rezoning (R-15 Residential District to Conditional R-10 Residential District), Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 4125 Indian River Road District—Princess Anne February 13, 2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Rucinski: Thank you. The next matter on the consent agenda is item number D3 that's an application from Traditional Concepts LLC and Victory Baptist Church of Virginia Beach Inc, an application for Modification of Conditions of a Religious Use, a Conditional Rezoning R-15 Residential to Conditional R-10 Residential and a Subdivision Variance section 4.4B of the subdivision regulation on property located at 4125 Indian River Road in the Princess Anne District. Would you state your name for the record? Mr. Napier: Absolutely. I'm John Napier, attorney with Hangar Law representing the applicant. Ms. Rucinski: And are all of the conditions acceptable? Mr. Napier: Yes, they are. Ms. Rucinski: Alright, thank you. Is there any opposition to this matter being placed on the consent agenda, hearing none, the Chairman has asked Commissioner Ron Ripley to read this for the record. Mr. Ripley: This is an application that is came before us back in 2016, and actually got sidetracked with City Council because of drainage issues and a couple other things. Basically what this is, is a 10 acre piece of property that the church is located on, and it's a subdivision of 13 lots on the residual land and which would represent, the re-subdivision represents about 8.19 acres and the church occupy 1.59 acres when it's said and done, the application was before last month, we had some problems with it. A couple of things, first of all the Variance has been withdrawn because the applicant, we asked the applicant if they would consider reducing one lot at the end of the cul-du-sac which took away the need for the variance and he agreed to do that which we very much appreciate. Also, there was an issue regarding the Southeastern Parkway that had shown that there was a need for future right of way expansion on the back part of the site and now that's been determined that it's not necessary. So that's no longer an issue, the drainage issues have been worked out with the adjacent property owner and as far as the elevations towards the back end of the development where the cul-du-sac is there were some lands a little bit lower. So the applicant proffered that he would build those elevations to 8.3 feet. there it is, Basically he' building the land up to the foundation level. This is something that's new, that's for sustainability and resiliency within the city and areas that couldn't be subject to prone to flooding. The plans of the property, the plan of the buildings have always been acceptable to the Commission and to the Planning Staff. They just had issues with drainage, with the neighbors, and now they're worked out I think. They've done everything we've asked them to do and I know the church has been kind of frustrated with this because they were looking for this to happen a long time ago. The Planning Staff now is recommending approval. There's nobody in opposition that we're aware of here today and we felt it all to go on consent. Ms. Rucinski: Right. Thank you Commissioner Ripley. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, four and D3 be approved. Ms. Oliver: Great, I have a motion made by the vice chair. Do I have a second please? Mr. Redmond:Second. Ms. Oliver: Wonderful. Mr. Ripley: Madam Chair. Ms. Oliver: Yes. Oh, one second. Mr. Ripley: Yeah. One of the applications, application four is listed that they may use TowneBank for a lender and I need to disclose that I will be voting on this, but I will need to disclose that I am a member of the advisory board at Chesapeake. I have no financial interest in this property and I have no relationship with the owner or applicant. And basically since the Planning Commission only recommends to Council, I can vote on this matter and I will be and there's no direct interest with me in that so. Ms. Oliver: Great. Mr. Redmond:Madam Chair, I too am on a Board of Towne Bank as well and will be voting on it. Ms. Oliver: Alright. Thank you. Okay, the vote is open. Ms. Smith: Pardon me, just for clarification. It's a consent to withdraw the Subdivision Variance request as well, was that part of your motion? Ms. Oliver: Yes. Ms. Saunders: Should we have stated that separately? Ms. Oliver: No. Ms. Saunders: Vote is open. Mr. Graham. Thank you, by recorded vote of 10-0 agenda items number one, four and D3 have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. All conditions of the 1998 Conditional Use Permit as well as the conditions of the 2008 Modification are null and void. 2. Development of the church site shall be substantially as shown on the Preliminary Subdivision Plan entitled "PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY", sheet Cl, dated 12/10/18,prepared by Pinnacle Group Engineering, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan"). 3. Any trash dumpster on the site shall be enclosed by a solid brick wall (brick substantially matching the existing brick on the building) or a vinyl fence of six feet in height.No dumpster shall be located within 40 feet of Lot 13 on the plan identified in Condition 2. 4. Light fixtures may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. PROFFERS Proffer 1: When the property is developed, it shall be as a single family subdivision with no more than thirteen(13) single family residential lots, with one lot containing an existing home, designated as Lot 12, and one additional lot to remain as a church use, designated as Lot A, substantially in accordance with the Preliminary Subdivision Plan designated"PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY", sheet Cl, dated 12/10/18,prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Preliminary Subdivision Plan"). Proffer 2: The total number of residential lots permitted on the Property shall not exceed thirteen(13) (including Lot 12). Each new home shall contain a minimum of 2,400 square feet of living area and at least a one(1) car garage. Proffer 3: Lot A with the existing church shall continue in its current use as allowed under the Conditional Use Permit granted to Victory Baptist Church of Virginia Beach, Inc.,by Grantee. Proffer 4: The architectural design of the residential dwellings and any detached garages will be substantially as depicted on elevations exhibited on the designated"PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY", sheet Cl, dated 12/10/18,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exterior building elevations shall be limited to the following materials, and each elevation shall include some combination of: architectural shingles, hardiplank, stone, brick, premium vinyl siding, fiber cement siding, and/or wood. Proffer 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to a mandatory membership Homeowner's Association, which shall be conveyed title to any Open Space and/or BMP Lot, and shall be responsible for maintaining all open spaces, landscaping and other improvements in the BMP Lot(s) on the Property as depicted on the Concept Plan. Proffer 6: When the Property is developed, the ground elevation surrounding and immediately adjacent to any structure shall exceed 8.30 feet as referenced by the North American Vertical Datum of 1988 (NAVD 88) and the right-of-way and sidewalk elevations on the Property as depicted on the Concept Plan shall meet or exceed an elevation of 8.30 feet NAVD 88. Proffer 7: Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 10141A BEAc CITY OF VIRGINIA BEACH u INTER-OFFICE CORRESPONDENCE T OF OUR KU"0 In Reply Refer To Our File No. DF-9342 DATE: March 8, 2019 TO: Mark D. Stiles DEPT: City Attorney ' FROM: .B. Kay Wks DEPT: City Attorney RE: Conditional Zoning Application; Traditional Concepts, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 10, 2018. I have reviewed the subject proffer agreement,dated January 25, 2016 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: Nancy Bloom VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC., a Virginia non-stock corporation; TRADITIONAL CONCEPTS LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 10th day of December 2018, by and between VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC., a Virginia non-stock corporation, party of the first part, Grantor; TRADITIONAL CONCEPTS, LLC., a Virginia Limited Liability Corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 10.003 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to collectively as the "Property"; and WHEREAS, the party of the second part as the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-15 Residential District to R-10 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 14745344100000 Prepared by:John M.Napier,VSB#82973,Hanger Law;618 Village Dr., Ste.J,Virginia Beach,VA 23454 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-10 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which as a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest of title: 1. When the property is developed, it shall be as a single family subdivision with no more than thirteen (13) single family residential lots, with one lot containing an existing home, designated as Lot 12, and one additional lot to remain as a church use, designated as Lot A, substantially in accordance with the Preliminary Subdivision Plan designated "PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY", sheet Cl, dated 12/10/18, prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan"). 2 2. The Total number of residential lots permitted on the Property shall not exceed thirteen (13) (including Lot 12). Each new home shall contain a minimum of 2400 square feet of living area and at least a one(1)car garage. 3. Lot A with the existing church shall continue in its current use as allowed under the Conditional Use Permit granted to Victory Baptist Church of Virginia Beach, Inc., by Grantee. 4. The architectural design of the residential dwellings and any detached garages will be substantially as depicted on elevations exhibited on the designated "PRELIMINARY SUBDIVISION PLAN ENCLAVE AT VICTORY", sheet Cl, dated 12/10/18, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exterior building elevations shall be limited to the following materials, and each elevation shall include some combination of: architectural shingles, hardiplank, stone, brick, premium vinyl siding, fiber cement siding, and/or wood. 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to a mandatory membership Homeowner's Association, which shall be conveyed title to any Open Space and/or BMP Lot, and shall be responsible for maintaining all open spaces, landscaping and other improvements in the BMP Lot(s) on the Property as depicted on the Concept Plan. 6. When the Property is developed, the ground elevation surrounding and immediately adjacent to any structure shall exceed 8.30 feet as referenced by the North American Vertical Datum of 1988 (NAVD 88) and the right-of-way and sidewalk elevations on the Property as depicted on the Concept Plan shall meet or exceed an elevation of 8.30 feet NAVD 88. 7. Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's 3 Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suite, or proceeding; (2) The failure to meet all conditions and restrictions shall constitutes cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 I WITNESS the following signature and seal: GRANTOR: TRADITIONAL CONCEPTS, LLC, a Virginia 't,d li. .i Is . y By: ` i' (SEAL) Title: Wa iiosby,Managi .• Member / STATE OF V 'GINIA CITY OF •1;• i , i'l/6 Pg ,to-wit: The forgoing instrument was ac . •wle aged before me this /1 day of , e1n,0.— , 2018, by Wayne Crosby, Managing M.mber of Traditional Concepts, LLC, a Virginia limited liability company, Grantor. /`L Notary Or My Commission Expires: Dei 3j k Notary Registration No: 30?t/S 9 C r ,. Li_-____ _,,, JOHN MEADE NAPIER Notary Public Commonwealth of Virginia - -- My Commission Expires Oct. 31, 2019 Registration#324593 My Y 5 WITNESS the following signature and seal: GRANTOR: VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC., a Virginia non-stock corporation BY: 41;:- AThr_Y,' (SEAL) TITLE: STATE OFRGINIA CITY OF LiteSailt are ,to-wit: • The forgoing instrument was acknowledged before me this •this/ 3'day of been1 ,, 2018, by Leslie W. Smith, President of Victory Baptist Church of Virginia Beach, Inc., a Virginia non-stock corporation G antor. li . _ .A MOIL. i „....____)41otary Public My Commission Expires: Jam. 3 t Notary Registration No: L 3 we 7 Q` ONW el' 193467; (1)- ,9tk Via . ifitY 6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece and parcel of land with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate and lying, and being in the City of Virginia Beach, Virginia and being more particularly designated as "10.003 ACRES", on that certain plat entitled "SURVEY OF PROPERTY OF MARGARET L. STONE. (D.B. 495, P. 291), FOR REVEREND LESLIE W. SMITH, VIRGINIA BEACH, VIRGINIA, SCALE 1" = 60', DATED OCTOBER 9, 1998, JOHN E. SIRINE AND ASSOCIATES, LTD., SURVEYORS, ENGINEERS AND PLANNERS", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 275, at Page 18, reference to said plat being made for a more particular description of the aforementioned property. GPIN: 1474-53-4410-0000 7 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, March 26 Workshop Wednesday, March 27 Special Formal Session Tuesday,April 2 Formal Session Tuesday,April 9 Workshop Tuesday,April 16 Formal Session 03/13/19 pm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/05/2019 PAGE: 1 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN OK M A 0 L WO O YL N A 0 A US 0 T TEEENS R S O O E TR Y S ES DENDN 1. CITY COUNCIL'S BRIEFINGS A. CAVALIER SHORES PARKING City Council DISCUSSION B. FY2020 BUDGET GUIDANCE. City Council CITY MANAGER'S BRIEFINGS A. FY 2019-2020 RESOURCE MANAGEMENT PLAN(Budget)— CAPITAL IMPROVEMENT PROGRAM (CIP) Kathy Warren, 1. ECONOMIC AND TOURISM Manager—Strategic DEVELOPMENT Growth Area(SGA) Office 2. PARKS AND RECREATION Michael Kirschman, Director—Parks and Recreation Chad Morris, Planning Design and Development Administrator Tom Nicholas, 3. BUILDINGS AND ASSETS Facilities Engineer— Public Works Steve Motley, 4. WATER AND SEWER UTILITIES Engineering Manager—Public Utilities lII/IVN/ CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VIII A-E F. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y February 19,2019 G. PUBLIC HEARINGS G.1 POLLING PLACE CHANGE NO SPEAKERS Trantwood Precinct to Great Neck Baptist Church 1.1. Ordinances to AMEND City Code Sections: a. 10-1 re Trantwood Precinct Polling Place ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to Great Neck Baptist Church CONSENT b. 36-85,36-86,and 36-158 re allowing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y electronic manifests and taximeters in CONSENT taxicabs CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/05/2019 PAGE: 2 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN OK M A 0 L W O O YL N A 0 A US 0 T TEEENS R S OPE TR YS E S DENDN I.2. CAVALIER SHORES PARKING PROPOSALS/OPTIONS(Deferred from February 5,2019): a. AMEND City Code Sections 21-353 and DENIED 10-1 Y Y N Y Y Y YY Y Y Y 21-354 re Residential Permit Parking Program b. AMEND City Code Sections 21-381 and ADOPTED,AS 11-0 Y Y Y Y Y Y YY Y Y Y 21-384 to IMPLEMENT Pilot Program re AMENDED Residential Permit Parking c. ADD City Code Sections 21-361 through 21-371 to create a Temporary DENIED 10-1 Y Y N Y Y Y YY Y Y Y Construction Parking Permit Program and DESIGNATE a Temporary Construction Parking Permit Area 1.3. Ordinance to AUTHORIZE the acquisition ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of 0.18+/-acres of land from Oakwood& CONSENT Lakeside Associates re Burton Station Strategic Growth Area(SGA)Project 1.4. Ordinance to DECLARE 6.4+/- acres of DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y City Property located at the intersection of MARCH 19,2019 Princess Anne Road and Community College Place to be in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement with option for the sale of the property to Princess Anne Hotel,LLC re development of a hotel and restaurant 1.5. Ordinance to TRANSFER$250,000 from ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the Tourism Investment Program Fund to the Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water Festival I.6. Resolution to DIRECT the City Manager DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y to consider Opportunity Zones as a major APRIL 2,2019,BY factor in the Capital Improvement Program CONSENT (CIP) I.7. Resolution to SUPPORT the City's local ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y commitment and ADMINISTER the CONSENT Virginia Department of Transportation (VDOT)Transportation Alternatives Set- Aside Program(TAP)for FY2018-19 and FY2019-20 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/05/2019 PAGE: 3 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN OK M A 0 L WO O YL N A 0 A US 0 T TEE EN S R S O O E TR YS E S DENDN I.8. Ordinances to ACCEPT and APPROPRIATE: a. $19,393 from the Virginia Department of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Criminal Justice Services to the Virginia CONSENT Beach City Public Schools FY2018-19 Operating Budget re employment of a school security officer b. $30,000 donation from King's Grant ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Presbyterian Church to Department of CONSENT Human Services and TRANSFER funds within Human Services FY2018-19 Operating Budget re construct a playground at 3432 Virginia Beach Boulevard for children temporarily in custody of Human Services I.9. Ordinance to CREATE one new Full-Time ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Position in the Continuous Quality CONSENT Improvement(CQI)Division of Department of Human Services and TRANSFER$78,434 within Human Services FY2018-19 Operating Budget re assist with human rights investigations J. APPOINTMENTS: RESCHEDULED BYCON S EN SUS 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K/I/M ADJOURNMENT 7:32 PM OPEN DIALOGUE 6 SPEAKERS 7:49 PM