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10-15-2019 FORMAL SESSION AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G1NIA E4c MAYOR ROBERT M. "BOBBY"DYER,At Large JtQ VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 04 O JESSICA P.ABBO7T,Kempsville-District 2 � • \ - MICHAEL F.BERLUCCHI,Rose Hall-District 3 U r y BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHND.MOSS,At Large "fs AARONR.ROUSE,At Large vows a GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS L.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALDD.AGNOR October 15,2019 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL DISCUSSION -Conference Room- 2:30 PM A. SOUTHSIDE NETWORK AUTHORITY Regional Broadband II. CITY MANAGER'S BRIEFINGS A. SHARED MOBILITY SERVICES—MOTORIZED SCOOTERS Brian Solis, Assistant to the Acting City Manager for Special Projects B. FY2019 SMALL WOMAN AND MINORITY (SWaM) PROGRAM UPDATE Alice Kelly, Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:15 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: LT Michael Crandall, Chaplain Naval Air Station Oceana Chapel 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 October 1, 2019 G. MAYOR'S PRESENTATIONS 1. RESOLUTION Chad Vincelette, Commanding Officer,Naval Air Station Oceana 2. PROCLAMATION Community Planning Month Bobby Talon,Director—Planning and Community Development H. PUBLIC COMMENT 1. PROPOSED CITY/SCHOOLS REVENUE SHARING FORMULA I. PUBLIC HEARING 1. SOUTHSIDE NETWORK AUTHORITY Articles of Incorporation J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT the City's 2020 Legislative Agenda 2. Ordinance to APPROVE and ADOPT a City Council Policy re Council Member sponsored forums and events (Requested by Mayor Dyer and Vice Mayor Wood) 3. Resolution to SUPPORT the Ignite Seminar Series and Disparity Forum and TRANSFER $10,000 from General Fund Reserve for Contingencies re offset expenses(Requested by Council Member Wooten) 4. Resolution to DECLARE the proposed location of Twenty Seven Atlantic a Revitalization Area re qualify for Virginia Housing Development Authority Funding 5. Ordinance to REVISE the 2019 Housing Choice Voucher Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the revisions to the U.S. Department of Housing and Urban Development(HUD) (Adopted April 12, 2019) 6. Ordinance to DECLARE City Property at 2224 London Street in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to Jose J. and Paige Medrano 7. Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as Commerce Street, Central Park Avenue, Columbus Street and Market Street 8. Ordinances to ACCEPT and APPROPRIATE from U.S. Department of Homeland Security to FY2019-20 Fire Department Operating Budget: a. $58,836 and TRANSFER$5,868 within the Operating Budget re National Fire Protection Association Swiftwater Rescue Training b. $47,175 and TRANSFER$15,725 within the Operating Budget re purchase of sonar and mapping equipment for fireboats 9. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 from Virginia Department of Behavioral Health and Developmental Services to FY2019-20 Human Services Operating Budget re hosting the 2020 Crisis Intervention Team (CIT) Conference and Training Symposium b. $141,501 from Virginia Department of Transportation (VDOT)to CIP 2-300 Traffic Safety Improvements III re Greenwell Road sidewalk and CIP 9-276 Cape Henry Light House Restoration II 10. Ordinance to TRANSFER$1-Million from CIP 2-418 Indian River Road/Kempsville Road Intersection Improvements to CIP 2-126 Laskin Road Phase I-A re Congestion Mitigation and Air Quality Program and AMEND programmed funding to provide $1-Million to CIP 2-418 in FY2020-21 L. PLANNING 1. ANTHONY P. & KELLY LYNN SPERA for a Conditional Change of Zoning(0-2 Office to Conditional A-12 Apartment) re construction of 240 square foot accessory structure at the Northern corner of Hinsdale Street, across from 520 Constitution Drive DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 2. HALLE PROPERTIES,LLC/PCS HILLTOP,LLC,HILLTOP SQUARE INVESTORS, LLC & TRISIB HILLTOP, LLC for a Conditional Use Permit re automobile repair garage at 1657 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. SAIR ENTERPRISES, INC. for a Conditional Use Permit re motor vehicle sales at 3096 South Lynnhaven Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. HR KEMPSRIVER, LLC/ BONNEY'S CORNER ASSOCIATES for a Conditional Use Permit re indoor recreation facility at 1205 Fordham Drive DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. THE GLAM LIFE BEAUTY BAR,LLC/KH HR HAYGOOD,LLC for a Conditional Use Permit re tattoo parlor at 4663 Haygood Road, Suite 207 DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. DAVID & CAROL HAWKINS for a Conditional Use Permit re residential kennel at 2125 Tennyson Court DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@vbgov.com or call 385-4303. 10/12/2019 PM MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL DISCUSSION - Conference Room - 2:30 PM A. SOUTHSIDE NETWORK AUTHORITY Regional Broadband II. CITY MANAGER'S BRIEFINGS A. SHARED MOBILITY SERVICES—MOTORIZED SCOOTERS Brian Solis, Assistant to the Acting City Manager for Special Projects B. FY2019 SMALL WOMAN AND MINORITY(SWaM) PROGRAM UPDATE Alice Kelly, Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:15 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: LT Michael Crandall, Chaplain Naval Air Station Oceana Chapel 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 October 1, 2019 G. MAYOR'S PRESENTATIONS 1. RESOLUTION Chad Vincelette, Commanding Officer,Naval Air Station Oceana 2. PROCLAMATION Community Planning Month Bobby Tajan, Director—Planning and Community Development m RESOLUTION WHEREAS: Captain Chad Vincelette is a native of Virginia Beach and graduated from the University of Virginia. At the University of Virginia, he earned a Bachelor of Science Degree in Aerospace Engineering and was subsequently commissioned through the Naval Reserve Officer Training Program. He earned his coveted designation of Naval Aviator in June 1996;and WHEREAS: Captain Vincelette's operational assignments have included the Diamondbacks of VF-102,the Black Knights of VF-154,where he deployed for the commencement of Operation Iraqi Freedom,flying as a Forward Air Controller,and two tours with the Swordsman of VFA-32;and WHEREAS: Captain Vincelette's shore assignments include instructor duty at Strike Fighter Weapons School Atlantic after attending the U.S. Navy Fighter Weapons School (TOPGUN) and serving as a Flag Aide to Commander, U.S.Fleet Forces and various other high-level staff appointments;and WHEREAS: Captain Vincelette has accumulated over 3,000 flight hours and 617 carrier arrested landings;and WHEREAS: Captain Vincelette has been awarded two Legion of Merit Medals, the Defense Meritorious Service Medal, two Meritorious Service Medals, Individual Air Medal with Combat "V", six Strike Flight Air Medals, Joint Commendation Medals, two Navy Commendation Medals, as well as numerous service and campaign medals;and WHEREAS: Captain Vincelette relinquished command of Naval Air Station Oceana,doing a flyby at the Naval Air Station Oceana Air Show on the weekend of September 21,2019;and WHEREAS: Captain Vincelette has been the epitome of an officer and gentleman during his tenure as Commander at NAS Oceana,and throughout his career,and a wonderful citizen of the City of Virginia Beach;and WHEREAS: The Virginia Beach City Council recognizes Captain Vincelette for his patriotism,service to Country and service to the City of Virginia Beach;and NOW THEREFORE,BE IT RESOLVED: that Captain Vincelette's work as Commander at Naval Air Station Oceana his years of service to our country,be duly recognized and applauded,and BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations this 1 Sth day of October 2019,to declare: CAPTAIN CHAD VINCELETTE DAY and present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy spread upon the Minutes of this meeting. 11(*tell.relf2-"' L Cour em6 r ssica 23.,466ott Counci 1-3fer6erMichael'E.Berrucchi Council' em6er ar5ara M.9Ce 4k;T7- T9tiem6e ouis X Jones CaouncilMem6erJohn D.Moss CouncilMem6er n W,souse 541444 btp Counctl91em6er guy X Tower CouncilM Wosemary Wilson Council Mem6erSabrina D.Wooten 1111 4C/#4 '/ 0, . , pr ames G Wood 7 MayorWg6ertM. Bo66y"Dyer 4y _ r 4..t 8 qtr Op OUR N4-0°:e 121rottatitation Whereas: Change is constant and affects all cities, towns and counties;and Whereas: Community planning and planners can help manage this change in a way that provides better choices for how people workand live and, Whereas: Community planning provides an opportunity for all residents to be equally involved in determining the future of their community;and Whereas: The full benefits of community planning are realized when public officials and citizens are engaged with planning processes and understand, support, and expect excellence in planning and plan implementation;and Whereas: 'The month of October is designated as National Community Planning Month throughout the initedStates of America and its territories,and Whereas: The celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of the'Virginia Beach Planning Commission, and all volunteer boards, commissions and committees and other engaged citizens who have contributed their time and expertise to the improvement of the City of'Virginia Beach;and Whereas: 'We also recognize the many valuable contributions made 6y the Professional (Planners and other professional and support staff of the City of'Virginia Beach Planning and Community Development Department and all other departments involved in the planning process, and extend our thanks and appreciation for their continued commitment to public service. Now 2hier fore, I cgbert M. Oyer, Mayor of the City of'Virginia Beach, 'Virginia, do hereby proclaim: October 2019 Community Cann* Month In Virginia tBeaeh, in conjunction with the celebration of National Community Planning Month. In Witness`Whereof I have hereunto set my hand and caused the Official Seal of the City of 'Virginia Beach, 'Virginia, to be affixed this 'Fteenth day of October 2019. is — 7°4difr64Ae*e(''' £, ;\ a Robert M. "Bobby"Dyer Mayor H. PUBLIC COMMENT 1. PROPOSED CITY/SCHOOLS REVENUE SHARING FORMULA Joint City/School Staff Recommendation Updated Revenue Sharing Formula • City and School staff reviewed three alternatives using the following guiding principles: o Reduce uncertainty of Standards of Quality(SOQ) match as a formula component o Facilitate long-term planning o Simplify the formula o Share growth in the tax base o Fairness and equity for both City and Schools • After review utilizing guiding principles,Joint Committee recommends straight revenue sharing o Maintains same revenue sources as existing formula o Used FY 2020 City funding to Schools of$447.6 million as benchmark o Reset baseline revenues subject to formula by redirecting all but three existing dedications (2.5C of Real Estate Tax to stormwater; 16C of Cigarette Tax to EDIP; 0.47C of Real Estate Tax to Outdoor Initiative) o Recalculate percentage of reset baseline to be shared with Schools at 46.75% • Eliminates uncertainty and helps facilitate long-term planning by removing State SOQ required local match from formula calculation o Rebenchmarking of State SOQ every two years creates difficulty in long-term planning o Rebenchmarking of Composite Index(Ability to Pay) also hinders long-term planning o SOQ match not released until December, which is well into annual budget process Formula is calculated as follows: Total General Fund Local Tax Revenue—Dedications=Total Non-Dedicated Local Tax Revenue Total Non-Dedicated Local Tax Revenue X 46.75%=Total Allocation to Schools I. PUBLIC HEARING 1. SOUTHSIDE NETWORK AUTHORITY Articles of Incorporation NOTICE OF PUBLIC HEARING The Virginia Beach City Council will hold a PUBLIC HEARING on October 15,2019 at 6:00 p.m.in the Council The terms of office of the board of directors members shall be four years.The initial terms shall be staggered Chamber,City Hall-Bldg.1,Virginia Beach Municipal Center.The purpose of this hearing will be to receive such that two members are initially appointed for two-year terms,and three members are initially appointed for four continent on the following resolution which is scheduled for vote at the November 12,2019 Council meeting: years.Members may succeed themselves.Appointments to fill vacancies,however arising,shall be for the remainder WHEREAS,the Cities of Chesapeake,Norfolk,Portsmouth,Suffolk.and Virginia Beach(the"Cities")have of the unexpired term.Ifat the end of any term of office a successor director has not been appointed,then the director determined that it is in the best interests of the citizens of the Cities to form an authority under the Wireless Service whose term of office has expired shall continue to hold office until his or her successor is appointed and qualifies. Authorities Act to be known as the Southside Network Authority,pursuant to the provisions of the Virginia Wireless The board of directors shall annually elect from among its members a chairman and a vice-chairman,and shall Service Authorities Act,Chapter 54.1 of Title 15.2 of the Code of Virginia,1950.as amended;and annually elect a secretary and treasurer who need not be members. WHEREAS,the Cities each find,jointly and severally,that creation of the Authority will serve an essential The names and addresses.and terms of office of the members of the initial board of directors of the Authority public purpose by increasing the speed and availability of broadband Internet and information services,enable private are as follows: investment in the marketplace to be better targeted to serving the public,as well as creating jobs and increasing the CITY OF CHESAPEAKE(Initial Term Two Years): tax base of the Cities and the region as a whole. Voting Member. Hon.Susan J.Vitale NOW THEREFORE.BE IT JOINTLY RESOLVED by the City Council of the City of Virginia Beach,the City 306 Cedar Road,Chesapeake,Virginia 23322 Council of the City of Suffolk,the City Council of the City of Portsmouth.the City Council of the City of Norfolk, Alternate Member. Scott D.Fairholm,Chief Information Officer and the City Council of the City of Chesapeake,to create an authority under the Wireless Service Authorities Act 306 Cedar Road,Chesapeake,Virginia 23322 with Articles of Incorporation as follows: CITY OF NORFOLK(Initial Term Two Years): ARTICLES OF INCORPORATION Voting Member: Hon.Andria P.McClellan OF THE - 810 Union Street,Suite 1006,Norfolk,Virginia 23510 SOUTHSIDE NETWORK AUTHORITY Alternate Member: Catheryn Whitesell,Assistant City Manager The City of Chesapeake,Virginia,the City of Norfolk,Virginia,the City of Portsmouth,Virginia,the City of 810 Union Street,Suite 1100,Norfolk,Virginia 23510 Suffolk,Virginia,and the City of Virginia Beach,Virginia,each a municipal corporation of the Commonwealth of CITY OF PORTSMOUTH(Initial Term Four Years): Virginia,have by concurrent resolutions adopted these Articles of Incorporation pursuant to the Wireless Service Voting Member: Daniel Jones.Chief Information Officer Authorities Act(the`Act"),Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950,as amended,following 801 Crawford Street,Portsmouth,Virginia 23704 advertisement and public hearing as required by law. Alternate Member: Dr.L.Pettis Patton,City Manager ARTICLE I 801 Crawford Street,Portsmouth,Virginia 23704 NAME AND ADDRESS CITY OF SUFFOLK(Initial Term Four Years): The name of the authority is the"Southside Network Authority"("Authority").The address of the principal Voting Member: Patrick Roberts,City Manager office of the Authority shall be at 723 Woodlake Drive,Chesapeake.Virginia 23320. 442 West Washington Street,Suffolk,Virginia 23434 ARTICLE B Alternate Member: Ken Beam,Chief Information Officer TERM OF THE AUTHORITY 442 West Washington Street,Suffolk,Virginia 23434 The Authority shall exist for a term of 50 years as a political subdivision,and as thereafter extended in accordance CITY OF VIRGINIA BEACH(Initial Term Four Years): with the Act.unless earlier dissolved in accordance with the Act. Voting Member: Hon.Rosemary Wilson ARTICLE III 2401 Courthouse Drive,Virginia Beach,Virginia 23456 CREATING JURISDICTIONS Alternate Member. Peter'Pedro"Wallace,Chief Information Officer The creating jurisdictions arc the City of Chesapeake,Virginia,the City of Norfolk,Virginia,the City of 2401 Courthouse Drive.Virginia Beach,Virginia 23456 Portsmouth,Virginia,the City of Suffolk,Virginia,and the City of Virginia Beach,Virginia,each a municipal The terms of office of the initial members of the board of directors of the Authority shall begin on the date of the corporation of the Commonwealth of Virginia(collectively the"member localities"). Although the member issuance of a certificate of incorporation or charter for the Authority by the State Corporation Commission. localities shall each appoint members of the Authority Board of Directors pursuant to Article V of these Articles of Each voting member of the board of directors shall have one equal vote in all matters before the board of Incorporation,the Authority shall have no"members"as that term is defined in the Virginia Non-Stock Corporation directors.In the event of the absence or recusal pursuant to law of a voting member,but not in the event of his or Act,Chapter 10 of Title 13.1 of the Code of Virginia. her mere abstention from a vote,the alternate member appointed by that locality shall be entitled to vote in his or ARTICLE IV her stead. JOINDER OR WITHDRAWAL OF JURISDICTIONS;MERGER OF AUTHORITIES ARTICLE VI Any locality may join the Authority,and any locality which is a member of the Authority may withdraw PURPOSE therefrom,upon unanimous consent of the remaining members of the Authority in accordance with this Article. However,no locality may withdraw from the Authority,if the Authority has outstanding bonds without the unanimous The purpose of the Authority is to provide or assist in the provision of qualifying communication services as consent of all the holders of such bonds unless all such bonds have been paid or cashed or United States government defined in Article 5.1(§56-484.7:1 et seq.)of Chapter 15 of Title 56 of the 1950 Code of Virginia,as amended, obligations have been deposited for their payment. and to provide such other services as provided by law and Chapter 54.1 of Title 15.2 of the Code of Virginia,1950, The governing body of any locality wishing to join or withdraw from the Authority shall signify its desire by as amended. resolution or ordinance.If the Authority's board of directors and each member locality by resolution expresses its ARTICLE VII consent to the withdrawal or joinder of a locality,the governing body of the locality requesting withdrawal or joinder POWERS and the governing bodies of the other member localities shall advertise the ordinance,resolution,or agreement The Authority shall have all of the powers set forth within Virginia Code§15.2-5431.11,and any other powers providing for such joinder or withdrawal and hold a public hearing in accordance with Section 15.2-5431.5 of the set forth within the Act.The Authority's powers under the Act shall be liberally construed to effect the purposes of Code of Virginia,1950,as amended.Such ordinance,resolution,or agreement shall be adopted in the same manner the Act. and with the same formalities as would be necessary to create a new authority,mutatis mutandis. The board of directors may appoint such committees and employees as it may from time to time deem convenient, In the event a locality seeks to join or withdraw from the Authority,the resolutions,ordinances,or agreement including an executive director or chief executive officer and project committees,and delegate to them such corporate creating the new Authority shall specify the number and terms of office of members of the board of directors of the powers on behalf of the Authority as maybe permitted by law. expanded Authority which must be appointed by each of the member localities,and the names,addresses,and terms ARTICLE VIII of office of new initial appointees to the board of directors. DISSOLUTION The amended articles of incorporation shall be filed with the State Corporation Commission as provided by The Authority may be dissolved in the manner set forth in Virginia Code§15.2-5431.9 upon a resolution by law.Upon the date of issuance of the certificate by the State Corporation Commission for the amended articles of the board of directors finding that the purposes for which it was created have been completed or are impractical incorporation,the terms of office of the board members of the existing Authority shall terminate and the appointments made in the resolutions,ordinances,or agreement creating the new Authority shall begin. or impossible and that all of its obligations have been paid or have been assumed by one or more of the member localities or any authority created thereby or that cash or United States government securities have been deposited Merger of two authorities existing under the Act shall be accomplished by the same method as joinder of a new for their payment. member locality. BE IT RESOLVED that the City Manager or his or her designee is authorized to take all action necessary ARTICLE V or convenient to cause the necessary legal documents to be prepared and executed to approve the creation of the BOARD OF DIRECTORS,TERMS OF OFFICE Authority. The powers of the Authority shall be exercised by a board of directors composed of five voting members and THIS RESOLUTION IS EFFECTIVE on November 15,2019. five alternate members,with one voting member and one alternate appointed by the governing bodies of each of the member localities as set forth in this Article.Members of the board of directors or their alternate members may be, If you are physically disabled or visually impaired and need assistance at this meeting,please call the CIT] but are not required to be,members of the governing body or professional staff of a member locality.In the event CLERK'S OFFICE at 385-4303. a board of directors member or alternate member is removed from office as a director,has his or her term of office All interested parties arc invited to attend. with the appointing locality end,or has his or her employment with the appointing locality end during his or her term on the hoard of directors,that board of directors member shall be disqualified and his or her seat on the hoard Amanda Barnes,MMC of directors shall become automatically vacant.The governing body of the member locality that appointed that board City Clerk member may appoint a replacement to serve the remainder of the term. Beacon:Sunday,September 15.2019 `p�;lit BE,j: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Allow the Cities of Virginia Beach, Chesapeake, Portsmouth, Norfolk and Suffolk to Establish a Broadband Authority under the Virginia Wireless Services Act HEARING DATE: October 15, 2019 MEETING DATE: November 12, 2019 • Background: The cities of Virginia Beach, Chesapeake, Portsmouth, Norfolk and Suffolk ("Creating Cities") created a Broadband Steering Committee in order to advance efforts in regional broadband connectivity. The Broadband Steering Committee has determined that it is in the best interest of the region to form a broadband authority ("Southside Network Authority") under the Virginia Wireless Services Authority Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended (the "Act"). In order to form the Southside Network Authority, each of the Creating Cities must hold a public hearing and adopt an identical joint resolution with the same effective date (the "Resolution"). • Considerations: The Southside Network Authority would serve a public purpose by owning and managing the regional broadband network, which is focused on creating a "middle mile" infrastructure that will also support private internet service providers' ability to reach underserved and unserved neighborhoods, expand affordable services to the small business community and create the bandwidth to support "Big Data" research, incubators, accelerators and new start-ups. • Public Information: A presentation was given to City Council in open session on August 20, 2019. In accordance with the requirements of Virginia Code Section 15.2- 5431.5, the entire text of the proposed Resolution was advertised on September 15, 2019, which is at least thirty (30) days prior to the public hearing date of October 15, 2019 as required by the Act. Each of the Creating Cities has published the Resolution and has scheduled a public hearing accordingly. Substitute Version: Councilmember John Moss has proposed a substitute version of the Resolution, attached as Exhibit A to the proposed draft agreement entitled "Comprehensive Agreement for Formation of a Wireless Service Authority". Mr. Moss submitted it to City Council members by cover letter dated September 24, 2019. These documents are attached for public information and comment. • Recommendations: Approval of Resolution • Attachments: Resolution, Mr. Moss' Cover Letter, Substitute Version of Comprehensive Agreement with Exhibit (Alternate Resolution) Page 2 of 2 Recommended Action: Adoption of Resolution Submitting Department/Agency: Information Technology City Manager: 1 RESOLUTION 2 3 WHEREAS, the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia 4 Beach (the "Cities") have determined that it is in the best interests of the citizens of the 5 Cities to form an authority under the Wireless Service Authorities Act to be known as 6 the Southside Network Authority, pursuant to the provisions of the Virginia Wireless 7 Service Authorities Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as 8 amended; and 9 10 WHEREAS, the Cities each find, jointly and severally, that creation of the 11 Authority will serve an essential public purpose by increasing the speed and availability 12 of broadband Internet and information services, enable private investment in the 13 marketplace to be better targeted to serving the public, as well as creating jobs and 14 increasing the tax base of the Cities and the region as a whole. 15 16 NOW THEREFORE, BE IT JOINTLY RESOLVED by the City Council of the City 17 of Virginia Beach, the City Council of the City of Suffolk, the City Council of the City of 18 Portsmouth, the City Council of the City of Norfolk, and the City Council of the City of 19 Chesapeake, to create an authority under the Wireless Service Authorities Act with 20 Articles of Incorporation as follows: 21 22 ARTICLES OF INCORPORATION 23 OF THE 24 SOUTHSIDE NETWORK AUTHORITY 25 26 The City of Chesapeake, Virginia, the City of Norfolk, Virginia, the City of 27 Portsmouth, Virginia, the City of Suffolk, Virginia, and the City of Virginia Beach, 28 Virginia, each a municipal corporation of the Commonwealth of Virginia, have by 29 concurrent resolutions adopted these Articles of Incorporation pursuant to the Wireless 30 Service Authorities Act (the "Act"), Chapter 54.1 of Title 15.2 of the Code of Virginia, 31 1950, as amended, following advertisement and public hearing as required by law. 32 33 ARTICLE I 34 NAME AND ADDRESS 35 36 The name of the authority is the "Southside Network Authority" ("Authority"). The 37 address of the principal office of the Authority shall be at 723 Woodlake Drive, 38 Chesapeake, Virginia 23320. 39 40 ARTICLE II 41 TERM OF THE AUTHORITY 42 The Authority shall exist for a term of 50 years as a political subdivision, and as 43 thereafter extended in accordance with the Act, unless earlier dissolved in accordance 44 with the Act. 45 ARTICLE III 46 CREATING JURISDICTIONS 47 48 The creating jurisdictions are the City of Chesapeake, Virginia, the City of 49 Norfolk, Virginia, the City of Portsmouth, Virginia, the City of Suffolk, Virginia, and the 50 City of Virginia Beach, Virginia, each a municipal corporation of the Commonwealth of 51 Virginia (collectively the "member localities"). Although the member localities shall each 52 appoint members of the Authority Board of Directors pursuant to Article V of these 53 Articles of Incorporation, the Authority shall have no "members" as that term is defined 54 in the Virginia Non-Stock Corporation Act, Chapter 10 of Title 13.1 of the Code of 55 Virginia. 56 57 ARTICLE IV 58 JOINDER OR WITHDRAWAL OF JURISDICTIONS; MERGER OF 59 AUTHORITIES 60 61 Any locality may join the Authority, and any locality which is a member of the 62 Authority may withdraw therefrom, upon unanimous consent of the remaining members 63 of the Authority in accordance with this Article. However, no locality may withdraw from 64 the Authority, if the Authority has outstanding bonds without the unanimous consent of 65 all the holders of such bonds unless all such bonds have been paid or cashed or United 66 States government obligations have been deposited for their payment. 67 68 The governing body of any locality wishing to join or withdraw from the Authority 69 shall signify its desire by resolution or ordinance. If the Authority's board of directors and 70 each member locality by resolution expresses its consent to the withdrawal or joinder of 71 a locality, the governing body of the locality requesting withdrawal or joinder and the 72 governing bodies of the other member localities shall advertise the ordinance, 73 resolution, or agreement providing for such joinder or withdrawal and hold a public 74 hearing in accordance with Section 15.2-5431.5 of the Code of Virginia, 1950, as 75 amended. Such ordinance, resolution, or agreement shall be adopted in the same 76 manner and with the same formalities as would be necessary to create a new authority, 77 mutatis mutandis. 78 79 In the event a locality seeks to join or withdraw from the Authority, the 80 resolutions, ordinances, or agreement creating the new Authority shall specify the 81 number and terms of office of members of the board of directors of the expanded 82 Authority which must be appointed by each of the member localities, and the names, 83 addresses, and terms of office of new initial appointees to the board of directors. 84 85 The amended articles of incorporation shall be filed with the State Corporation 86 Commission as provided by law. Upon the date of issuance of the certificate by the 87 State Corporation Commission for the amended articles of incorporation, the terms of 88 office of the board members of the existing Authority shall terminate and the 89 appointments made in the resolutions, ordinances, or agreement creating the new 90 Authority shall begin. 91 Merger of two authorities existing under the Act shall be accomplished by the 92 same method as joinder of a new member locality. 93 94 ARTICLE V 95 BOARD OF DIRECTORS, TERMS OF OFFICE 96 97 The powers of the Authority shall be exercised by a board of directors composed 98 of five voting members and five alternate members, with one voting member and one 99 alternate appointed by the governing bodies of each of the member localities as set 100 forth in this Article. Members of the board of directors or their alternate members may 101 be, but are not required to be, members of the governing body or professional staff of a 102 member locality. In the event a board of directors member or alternate member is 103 removed from office as a director, has his or her term of office with the appointing 104 locality end, or has his or her employment with the appointing locality end during his or 105 her term on the board of directors, that board of directors member shall be disqualified 106 and his or her seat on the board of directors shall become automatically vacant. The 107 governing body of the member locality that appointed that board member may appoint a 108 replacement to serve the remainder of the term. 109 110 The terms of office of the board of directors members shall be four years. The 111 initial terms shall be staggered such that two members are initially appointed for two- 112 year terms, and three members are initially appointed for four years. Members may 113 succeed themselves. Appointments to fill vacancies, however arising, shall be for the 114 remainder of the unexpired term. If at the end of any term of office a successor director 115 has not been appointed, then the director whose term of office has expired shall 116 continue to hold office until his or her successor is appointed and qualifies. 117 118 The board of directors shall annually elect from among its members a chairman 119 and a vice-chairman, and shall annually elect a secretary and treasurer who need not 120 be members. 121 122 The names and addresses, and terms of office of the members of the initial 123 board of directors of the Authority are as follows: 124 125 CITY OF CHESAPEAKE (Initial Term Two Years): 126 Voting Member: 127 Hon. Susan J. Vitale 128 306 Cedar Road 129 Chesapeake, Virginia 23322 130 131 Alternate Member: 132 Scott D. Fairholm, Chief Information Officer 133 306 Cedar Road 134 Chesapeake, Virginia 23322 135 136 137 CITY OF NORFOLK (Initial Term Two Years): 138 Voting Member: 139 Hon. Andria P. McClellan 140 810 Union Street, Suite 1006 141 Norfolk, Virginia 23510 142 143 Alternate Member: 144 Catheryn Whitesell, Assistant City Manager 145 810 Union Street, Suite 1100 146 Norfolk, Virginia 23510 147 148 CITY OF PORTSMOUTH (Initial Term Four Years): 149 Voting Member: 150 Daniel Jones, Chief Information Officer 151 801 Crawford Street 152 Portsmouth, Virginia 23704 153 154 Alternate Member: 155 Dr. L. Pettis Patton, City Manager 156 801 Crawford Street 157 Portsmouth, Virginia 23704 158 159 CITY OF SUFFOLK (Initial Term Four Years): 160 Voting Member: 161 Patrick Roberts, City Manager 162 442 West Washington Street 163 Suffolk, Virginia 23434 164 165 Alternate Member: 166 Ken Beam, Chief Information Officer 167 442 West Washington Street 168 Suffolk, Virginia 23434 169 170 CITY OF VIRGINIA BEACH (Initial Term Four Years): 171 Voting Member: 172 Hon. Rosemary Wilson 173 2401 Courthouse Drive 174 Virginia Beach, Virginia 23456 175 176 Alternate Member: 177 Pedro "Peter" Wallace, Chief Information Officer 178 2401 Courthouse Drive 179 Virginia Beach, Virginia 23456 180 The terms of office of the initial members of the board of directors of the Authority 181 shall begin on the date of the issuance of a certificate of incorporation or charter for the 182 Authority by the State Corporation Commission. 183 184 Each voting member of the board of directors shall have one equal vote in all 185 matters before the board of directors. In the event of the absence or recusal pursuant to 186 law of a voting member, but not in the event of his or her mere abstention from a vote, 187 the alternate member appointed by that locality shall be entitled to vote in his or her 188 stead. 189 190 ARTICLE VI 191 PURPOSE 192 193 The purpose of the Authority is to provide or assist in the provision of qualifying 194 communication services as defined in Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of 195 Title 56 of the 1950 Code of Virginia, as amended, and to provide such other services 196 as provided by law and Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as 197 amended. 198 199 ARTICLE VII 200 POWERS 201 202 The Authority shall have all of the powers set forth within Virginia Code § 15.2- 203 5431.11, and any other powers set forth within the Act. The Authority's powers under 204 the Act shall be liberally construed to effect the purposes of the Act. 205 206 The board of directors may appoint such committees and employees as it may 207 from time to time deem convenient, including an executive director or chief executive 208 officer and project committees, and delegate to them such corporate powers on behalf 209 of the Authority as may be permitted by law. 210 211 ARTICLE VIII 212 DISSOLUTION 213 214 The Authority may be dissolved in the manner set forth in Virginia Code § 15.2- 215 5431.9 upon a resolution by the board of directors finding that the purposes for which it 216 was created have been completed or are impractical or impossible and that all of its 217 obligations have been paid or have been assumed by one or more of the member 218 localities or any authority created thereby or that cash or United States government 219 securities have been deposited for their payment. 220 221 AND BE IT FURTHER RESOLVED that the City Manager or his or her designee 222 is authorized to take all action necessary or convenient to cause the necessary legal 223 documents to be prepared and executed to approve the creation of the Authority. 224 225 AND THIS RESOLUTION IS EFFECTIVE on November 15, 2019. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Chief Information Officer City Attorney CA14666 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p034\00583400.doc R-1 October 8, 2019 h,„ 0 4(4. 7 City c 1 Virgiiitia E3cac� � 0310, ./ VBgov.com JOHN MOSS PHONE. (757) 363-7745 COUNCILMAN AT LARGE JDMOSS 4 VBGOV COM September 24, 2019 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, The attached document provides tracked changes incorporating the feedback I provided to each of you three weeks back, on the proposed Charter of Articles of Incorporation of the Wireless Service Authority. A serious and robust discussion among City Council and engagement with the public is a must,for any regional body we may looking to establish. We have a duty not to surrender the sovereignty granted to the residents of Virginia Beach in their City Charter(the City Charter is a covenant between the General Assembly and the residents of Virginia Beach)to a regional body, without a public referendum. We must preserve the ability of a.future City Council to he able to unilaterally withdrawal from any regional obligation we make. We have duty to make sure our residents have the right to engage and hold a regional governing body accountable, as they have with their City Council. We have a duty to make sure a regional body, of which we are a member, has the same obligations to Virginia Beach residents as we do. For example, Virginia Beach residents should have the right to speak on agenda items at the Authority's meetings prior to a vote on an item. the Authority should be obligated to hold public hearings on their budget prior to its adoption. etc. Now is the time to establish the requisite accountability measures. Likewise, City Council needs a much better understanding of the finding allocation methodologies and barriers, to ensure no Member municipality is subsidizing the infrastructure and operation costs incurred ti within the geographical boundaries of another Member municipality for assets owned by the Authority. Additionally, since the Authority is executing policy-making delegated powers, no non-elected person can legitimately serve as a primary or alternate member of the Authority. We are granting powers, now vested in City Council. as the peoples elected governing body. In my judgment, we do not possess the moral authority to further delegate the peoples power as the sovereign we serve to a non-elected alternate. Time establishment of an agreement to this proposed Charier is a political policy decision. The Mayors of each joining community not a non-elected City Manager, should be the Charters signatories. The people elect us, not a City Manager. Only City Council collectively and us individually are accountable to the sovereign owners of the power we exercise in the people's name. 4109 RICHARDSON ROAD,VIRGINIA BEACH.VIRGINIA 23455 Page 2 September 24, 2019 I invite you to review the attached, either in track changes or in a matter comfortable to you to provide feedback. Please share your feedback with Dana Harmeyer too, so he can provide an aggregated listing of all comments received. As always, I remain accessible at a mutually agreeable time to discuss in person or by phone. May God bless us with wisdom and humility to preserve the liberty bestowed upon us by our Creator as a birth right. Warm regards, John D. Moss SUBSTITUTE VERSION REQUESTED BY COUNCILMAN MOSS 1 COMPREHENSIVE AGREEMENT FOR FORMATION OF A WIRELESS SERVICE 2 AUTHORITY 3 THIS AGREEMENT is entered as of the day of , 2019,by and 4 between the City of Chesapeake, Virginia("Chesapeake"), the City of Norfolk, Virginia("Norfolk"), 5 the City of Portsmouth, Virginia ("Portsmouth"), the City of Suffolk, Virginia("Suffolk"), and the 6 City of Virginia Beach, Virginia ("Virginia Beach"),all municipal corporations of the 7 Commonwealth of Virginia, which may collectively or individually be referred to as a "City," the 8 "Cities,"or"Creating Localities," hereby enter into the following Comprehensive Agreement 9 ("Agreement")for the creation of an authority("Authority")under the provisions of the Wireless 10 Service Authorities Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended(the 1 I "Act"), as a political subdivision of the Commonwealth of Virginia. For their Agreement, the 12 Creating Localities state: 13 Recitals 14 WHEREAS, the Cities wish to create an Authority under the Act to assist in the provision of 15 communications services, which includes but is not limited to high-speed data service and Internet 16 access service,of general application,but excluding cable television or other multi-channel video 17 programming services and provide infrastructure therefor initially using a middle-mile strategy; and 18 WHEREAS, the Cities wish to set out certain items relating to the formation,joinder, and 19 withdrawal of member political subdivisions of the Authority,dissolution of the Authority in 20 appropriate circumstances, and certain matters relating to operation of the Authority; and 21 WHEREAS, despite being a digital port for the East Coast of North America, the Hampton 22 Roads and Eastern Virginia region as a whole have lagged behind similar regions elsewhere in the 23 country in the speed,pricing, reliability, and available choices for broadband Internet and 24 information services, and as such, an Authority would assist in providing such services on a more 25 timely and cost-effective basis; and 26 WHEREAS,by entering this Agreement, the Cities each find,jointly and severally, that • 27 creation of the Authority will serve an essential public purpose by increasing the speed and 28 availability of broadband Internet and information services, enabling private investment in the 29 marketplace to better target serving the public, and to create jobs and increase the tax base of the 30 Cities and the region as a whole. 31 4 1 32 Witnessed) 33 THAT FOR AND IN CONSIDERATION of the foregoing recitals, which are expressly 34 incorporated herein, the mutual promises set forth in this Agreement, and other good and valuable 35 consideration, the sufficiency of which is hereby acknowledged, the Cities agree: 36 Article I m Creation& Initial Structure 37 1. Procedure. The procedure for creation of the Authority shall be as set forth in the Act. 38 Each of the Cities must undertake the following actions: 39 a. Advertise or cause to be advertised at least once, in a newspaper of general 40 circulation in the locality, a copy of a proposed Resolution to create the 41 Authority or a descriptive summary of the Resolution, with the location in 42 the locality where the full text may be reviewed. The Resolution must 43 contain the full proposed text of the Articles. 44 b. Not sooner than 30 days following the first such advertisement, each City 45 shall hold a public hearing on forming the Authority, at which persons shall 46 have the opportunity to be heard to give public comment on the formation of 47 the Authority. 48 c. If substantial opposition is heard, in the judgment of its governing body, any 49 Creating Locality may, or upon petition of 10%of the voters of that Creating 50 Locality must, petition the Circuit Court for such jurisdiction for a writ of 51 election to hold a referendum on forming the Authority. 52 d. Following the public hearing, the Governing Body of each Creating Locality 53 shall adopt a creating resolution in substantially the form of the Resolution, 54 with an effective date concurrent with the Resolutions adopted by the other 55 Creating Localities. 56 e. Each Creating Locality shall, concurrent with or prior to adoption of the 57 Resolution, appoint a voting member and alternate member to the Board of 58 Directors of the Authority, whose terms of office shall commence upon 59 issuance of the certificate of incorporation or charter. 60 1. The proposed Authority Counsel shall cause the Articles, together with all 61 other necessary documents and fees, to be submitted to the Virginia State wow...1.A ; 2 1. 62 Corporation Commission for approval. The Authority Counsel shall 63 promptly inform the Creating Localities and all appointed members of the 64 Board of Directors of the creation of the Authority. 65 1:g_,_Jk effective date of any govern ng y'iaffirmativ_e vote to_tte gme a 66 member shall become effective ninety_(90)days after the date of,the 67 governingbody vote unless a valid petition for a referendum consistent with 68 applicable law has been submitted to the Circuit Court. 69 2. Anticipated Date of Creation. The anticipated effective date of the concurrent 70 resolutions creating the Authority is l vet 44; t4 . The Authority's 71 corporate and legal existence shall commence on the date that the Virginia State Corporation 72 Commission issues a certificate of incorporation or charter to the Authority. In the event a 73 referendum is required or another unavoidable circumstance delays the date of creation of the 74 Authority, the other Creating Localities agree to extend by resolution the date of the concurrent 75 Resolutions. No municipality anticipated to bt a Member and holding a public hearing on the 76 creation of the referenced Authority after duly publishing the proposed articles of the 77 cpmutehensive Agreement for the Formation of a Wireless Service Authority and proposed 78 Resolution shall vote to adopt their published Resolution and published agreement until at least one 79 hundred twenty(120)days after that proposed municipality's date of its public hearing. The one 80 hundred twenty(120)day pause between a given municipality's public hearing as required by the 81 applicable state statute and the formal vote to adopt or.reject the published Agreement and 82 Resolution of adoption plovides the voters of a given municipality aineaningeonsidet 83 whether to initiate a petition and to coiject the required percentage pf signatures as required by the 84 applicable statulc. 85 3. Composition of Board of Directors. The Board of Directors shall be composed of five 86 voting members and five alternate members. Baeh Qi+ shall rnembefan4 87 alternate member, aeeerda with the iticle .The primary and alternate voting member of the 88 k t1 y for Bach Member must be an elected official and must be appointed by a public vote+ 89 their respective ve igbc>dv. The members of the Board of Directors, their terms and their 90 resignation or removal, shall be as set forth in the Articles. . t iification of the Agreement post its 91 initial adoption drat changes,.r_meseptation_on the Board of Directions other than one-vote pet 92 rnemkr as established in the initial agreement shalleupire a unanimous vote.bygli membersofthe IµxlY3r«4r ikk'x 3 93 $oard of Directors and such a vote shall be preceded by a thirty(30)day published notice and 94 public hearing ten(10)days priotjo a vote, 95 4. Authority of Board of Directors to Provide for Structure&Employees. The Board of 96 Directors may provide for such employees and personnel structure as it may deem necessary or 97 convenient and for which it has funds, including the adoption of personnel policies, a personnel 98 manual, or grievance policies if it deems it necessary or appropriate. It may provide for a chief 99 administrative or executive officer, who shall have authority to appoint subordinate employees to fill 100 the positions authorized by the Board of Directors. The Board of Directors may also contract for 101 such services with another governmental entity or through a procurement of public-private 102 partnership rule or policy. 103 a. No employee of the Authority lilareceive n annual salary excess of Cabinet 104 Offices of the Federal Government directly appointed by the President of the United 105 States.currently S210.700.and no employee shell receive a total anual 106 compensation directlypayablcto employee or on behallof the employee not 107 exclusively to include car llowlintes,pAyp eats ttl retirement aecounts. 108 perfbrmance bonusesjetegtion j,Qnuses`overtime.etc.-in excess of one-hundred 109 and fifteen percent of ther101111111MbalatIlpreviously defined. 110 b_, All employees shall be hired with a defined contributionsension plan where the 111 Authority shall make a three percent s ontribution without All employee match and 112 shall match dollar for dollar contribution by the employee up to five percent of an 113 employee's annual salary fota maximum total contribution of eight percent. 114 Pension contributions_nadc by the_Authorr o employees within the formerly 115 specified percentage do not count againstshe annual salary limit, The former 116 restrictions cannot lie iliodifted by the Authority without going the same procedures 117 requires_by state law to initial y establish the Authority. Total personnel costs to 118 include a comprehensive accountingstf llnefits costs shall not exceed fifteen percent 119 of jhe Authority's.totalievenues, 120 c. No member ui alternate member:tf the Authority may receive compensation from 121 ate Authority F.or their service on the Authority's Board., met bas of the Authority 122 shall authorize by a formal vote all expenditureslkt ttnbers'_travel necessary to 123 conduct the business of the Authority. such approvals are conditioned on an 124 appropriati in being available.mike Authori s adopted budget. lloweveljrio au. ,s+n�xKx , 4 125 tnembcr shall recgive rein ursement fpricls spnst ed within Virginia Beach__. 126 Norfolk StandardStaliatj .Metropolitpp Area. 127 4. _Travel expenditures to be incurred by the Chief Administrative or Executive Officer 128 and compensated by beAuthority shall be approved in advance by the Chairperson 129 of the Board of directors only if said funds are appropriated and available in the 130 Board of 1.Nrector's adopted bpdget for the Authority. 131 45. Authority of Chairman to Call "Special Meeting", Upon three t31 htti tn days' notice 132 as required by the Virginia Freedom oflnformation A,s i I -four l24) tors' niak_e in 133 emergency circumstances as permitted by law,such noticebeingstisseminated to all established local 134 area television.;t_tations`local and electronic news services local area newspapers. the City Clerks of 135 all the.Member municipalities,and the web site anal social media forums maintained by the 136 Authority. in additional to all members and alternates of the Authority. The notification shall 137 contain tl co}eand pu> se_of the meeting and the Authority shall not consider any other 138 business other than what is prescribed in the Special Meeting notice, 139 6. Authority of Board of Directors May Form Project Committees. The Board of Directors 140 may form such committees as it may deem necessary and convenient, including project committees 141 to carry out or oversee individual projects or portions thereof, and delegate to them such corporate 142 powers as may be necessary to carry out such projects, except those legislative powers that may only 143 be exercised by the full Board of Directors. Such project committees shall be public bodies subject to 144 all meeting requirements of the Freedom of Information Act. The Cities anticipate that specific 145 micro-projects or portions of the Authority's projects that exist in and are primarily or wholly paid 146 for with funds from one or more individual localities may be managed by a project committee 147 dedicated to oversight of that project. 148 5 f'. Modification oJ Articles cflncorporation._Any_modification 91 the Articles as specified in 149 the Comprehensive Agreement as of the time of ignition adoption shall require compliance with the 150 provisions of Chapter'54.1 oflitle 15.2 ol'the Code of Virginia 1950.as amended. to include the 151 public's_right toinitiate a gualiljtingpetition for referendum. 152 153 Article II--initial Projects 154 1. Fiber Ring. The Initial Project of the Authority will be the design, financing, and 155 construction of an approximately 110-mile fiber ring, as generally described in Hampton Roads 156 Regional Connectivity Ring Master Plan, dated December 2018,by CAS Severn and Broadband 157 Telecom. 158 d-a. Tbg Authority shall_ngt_ ave the txower.to cons;ructprojects in a Member's locality 159 without the apnrQval Qf that Membet's goyerrrina bodily. 160 X3_ Authorization of Additional Projects. Additional projects may be authorized by the 161 Board of Directors and in accordance with federal, state, and local law. In authorizing additional 162 projects, the Board of Directors shall give reasonable consideration to(1)the Comprehensive Plan 163 and strategic plans of the locality or localities in which such additional project would be constructed; 164 (2)the overall strategic plan of the Authority as further set forth herein; (3)the economic 165 development and market needs of the region and each locality therein; and(4)such other facts as the 166 Board of Directors may deem relevant. 'I he authorization of any additional projects by the 167 Authority shall require a formal unanimous vote ofapproyal by the Board ofDirectors of the 168 Authority. 169 Article III-Initial Contributions 170 The Creating Localities shall make contributions to the Initial Projects and operating 171 expenses in reasonably equal proportion, which shall be agreed to during the budgetary process as 172 set forth in Section VI.4.The Creating Localities shall provide contributions of roughly equal value. 173 In-kind contributions are permissible if all Creating Localities agree to its sufficiency. 174 Article IV—Legal Status of the Authority 175 1. Authority to be Independent Political Subdivision of the Commonwealth. The Authority is a 176 legally separate public body politic and corporate from the localities that created it or its members, 177 and has authority to carry out its corporate functions in its own name. 178 2. Subject to Police Power. The Authority is subject to the police powers of the localities in 179 which it operates, including planning, zoning, subdivision and site plan, building code, and other 180 requirements of governmental authority. 181 3. Agreements for Use of Easements and Rights-of-Way. The Authority shall be granted 182 access to rights-of-way,easements, conduits, and other infrastructure useful for its corporate 183 purposes subject to mutual agreement by the locality in which the rights-of�way,easements,conduce 184 and other infraittuctureisApcated.and upon such terms and conditions as may be set forth in such 185 access agreements. Member Localities may make donations of such infrastructure or rights or 6 186 obligations, either through a grant or as a long-term agreement, as a contribution to the Authority. 187 The valuation of such transfer be it has grant or as a long--.t ,rmigreement as a contnbution to the 188 Authority made by an municipality shall be estabLshed in advance of any vote by a municipality and 189 the nature of its ronsideration within the allocation of funding o legations across all Members of the 190 Authority. The Authority shall be responsible for obtaining all rights from the Virginia Department 191 of Transportation, easements, and agreements with private entities to use private poles and conduit 192 as may be necessary in the manner provided by law. 193 4. Title to Property to be Held in Name of Authority. All real and personal property,both 194 tangible and intangible,of the Authority shall be held in the name of the Authority._The Authority 195 does not possess the power of eminent domain and shall not hold title to any real property located itl 196 a Member municipality without the approval of sajdmunicipality,which approval shall c 197 cyttexillysl favorable public vote preceded by public hearing_at least ten days prior to vote and 198 such vote and public hearing must follow adoption of the Charter by said municipality's elected 199 governing body. 200 5. Freedom of Information etc. The Authority is a public body subject to the Virginia 201 Freedom of Information Act, and Government Data Collection and Dissemination Practices Act, 202 the Virginia Public Records Act,and other laws relating to the operations and responsibilities of 203 public bodies and political subdivisions of the Commonwealth of Virginia. Members of the 204 Authority's board of directors are public officers subject to the Virginia Conflict of Interests Act. 205 The Authority sue!! maintain allot its documents in electronic mediums that enable all 206 darumentation not exempted front the bmmonwexlth's Freedom of Information Act or otherwise 207 required to be made public by any other statute or regulation of_the Commonwealth or judicial 208 precedent to be posted in any.mca. rs to allow d t access by_ h public via the.web or in person, 209 The Director of the Authority shallkciegUired to file,ista_te_ment of Econo ric Interests as required 210 byelected officials serving as voting members of the Authority. Minutes of all.tp, gtings subject to 211 the Commonwealth's openmeeting statute shall be made available to the public and posted to the 212 web within ten(10)business days._Furthermore,all meetings of the Authority subject to the vp, ,n 213 nicetings4cl gall be live streamed and shalt e stored for a period of four years in a manner that 214 provides for direct and unfiltered access by the public. 215 Article V-New do Withdrawing Members 216 1. Members Joining Authority. Only a publrc cry with_directly elected rrrenrbt�rs )l the 217 Commonwealth of Virginia of a Virginia locality can beasmemberoftbeAuthority. Members of wagasakixx. ; 7 218 the Authority may join upon consent of the Board of Directors and unanimous consent of the 19 Member Localities, which may happen in any order. 12 220 2. Membership of Authority Board of Directors for New Members. Upon joinder of a new 221 Member Locality, the new member shall have not less than one voting member and one alternate 222 member on the board of directors of the Authority. Upon joinder of a new member, the number of 223 directors of the existing board of directors may also be changed. In general, representation on the 224 board of directors should be roughly proportional to factors such as: (1)financial and in-kind 225 contributions already made or which are agreed to be made in the future to the Authority;(2) 226 Authority services provided by, in, or for each locality; (3)importance of the locality's membership 227 in the Authority for the future strategy of the Authority's operations; and(4)such other matters as 228 the board of directors and the Member Localities may wish to take into consideration. 229 3. Contributions to the Authority. Members joining the Authority wi}},be nx4c4ed toshall 230 make contributions to the Authority on a similar basis as its existing members. New members will 231 be expected to make either: (1)financial and/or in-kind contributions to the Authority; (2) 232 agreements to make future contributions to the Authority; (3)assistance to the Authority in 233 achieving its strategic goals;or(4)some combination thereof. The amount of these contributions 234 should be proportional to the contributions of existing members and, if applicable, the representation 235 of new members on the board of directors. The agreements or resolutions by which the then- 236 Member Localities vote to allow the new locality to join the Authority shall set out the total 37 contributions to the Authority made by that locality and its proportional sufficiency. Furthermore, 38 the adopted budget in pJçr_prior to The inclusion of new member shall be modified to reflect the 39 impact of accepting g mow rumba and be approved subject to proposed new members'_.acceptance 40 to include a contributionat The time of joining equal to the budgetary impact their acceptance creates 41 for i;he uthority. 1 42 4. Withdrawal from the Authority. Any panic paiinglocalily is permitted to withdraw 43 from tll Authoiity unilaterally subject to assurn g or othenvileAsio.specified liquidating debt 44 obligations incurred while a member of the Aulhpllty„Membe ef-the 45 ttpo*-een•sent-ofthe-Bear€1-of . -eonsentufihe Me ities; 46 anfing,I.,mlitio must provide for either: (i)assumption of obligations;or(ii)deposit of 247 funds, which must be sufficient to cover a proportionate share of all liabilities of the Authority. 248 Upon withdrawal from the Authority, the term of any member of the board of directors appointed 249 by the withdrawing locality shall immediately terminate. The withdrawing locality shall have the 146iJabUa INA 1, 8 250 option of taking ownership of all Authority facilities in that locality, including real property and 251 fixed tangible personal property of the Authority used to operate such facilities;provided, however, 252 that the withdrawing locality shall not be authorized to take ownership of any real and personal 253 property that reasonably necessary to the Authority's operations, as determined by the Board of 254 Directors in its sole discretion. 255 Article VI—Financial Policies 256 1. Fiscal Agent. The Authority may contract with any member locality or regional 257 organization or entity to act as its fiscal agent upon such terms and conditions as the Board of 258 Directors and the fiscal agent may agree. 259 2. Liability&Insurance. As an independent political subdivision of the Commonwealth, 260 the Authority bears liability for its corporate actions in the same manner as any other governmental 261 entity. The Authority shall procure and contract for insurance or a lawful policy or program of self- 262 insurance in its own name. 263 3. Financial Obligations of Authority. Bonds and financial obligations of the Authority 264 shall be financial obligations solely of the Authority, and not obligations of its member localities or 265 the Commonwealth of Virginia, unless specifically pledged by an action of such political subdivision 66 in accordance with law. Mg, Authority shall haven authority to reg iu to annual revenues/funding 67 from a locality that it dose ?t_agree tp,.except for its share of debt service that has been incurred 68 while a locality has been a member 269 4. Budget&Appropriations. 270 a. Fiscal year. The fiscal year of the Authority shall be July 1 to June 30. 271 b. Budget. The Authority shall adopt an annual budget,for planning and • 272 informational purposes, for each fiscal year. It shall notify Member Localities 273 of its anticipated financial needs not later than December I of the year prior 274 to the beginning of each fiscal year and develop a draft budget not later than 275 the last day of February prior to the beginning of each fiscal year,and submit 276 the draft budget to the chief administrative officer of each Member Locality, 277 including, if necessary, any request for contributions from such Member 278 Locality. At the option of the Board of Directors, the Authority may hold a 279 public hearing on the budget and carry out such advertising as it deems 280 necessary or convenient. Each Member Locality shall use its best efforts to 1,44-0oW6 rxx.. . 9 281 provide the Authority with comments on the proposed budget, which shall 282 not bind the Board of Directors but that shall be given reasonable 283 consideration, as well as its budgeted contribution to the Authority, if any, 284 not later than May 31 of each year. The budget shall be for planning and 285 informational purposes only, is not an appropriation, and does not authorize 286 the expenditure of funds. 287 c. Appropriation. Notwithstanding adoption of a budget, no funds shall be spent 288 or authorized to be spent without an appropriation by the Board of Directors. 289 5. Strategic Planning. The Authority must develop, not more than 12 months after its 290 formation,a strategic plan for achievement of its goals. In development of the Strategic Plan, the 291 Authority shall take into account, without limitation: The economic needs of the region; 292 marketplace demand for its services; the provisions of the Comprehensive Plans and strategic plans 293 of the Member Localities and other jurisdictions in which its facilities might exist or operate; and 294 such other matters as may be relevant to its operations. 295 6. Procurement. Notwithstanding an appropriation,no funds shall be spent or expended 296 by the Authority without a contract requiring payment of such funds,or, in the case of a donation, a 297 resolution of the Board of Directors authorizing the donation. Contracts with non-governmental 298 entities shall be governed by the Virginia Public Procurement Act, Chapter 43 of Title 2.2 of the 299 Code of Virginia, or the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA), 300 Chapter 22.1 of Title 56 of the Code of Virginia,as the Board of Directors deems appropriate. 301 7. Financial Policies to be Adopted. The Board of Directors shall adopt financial policies 302 setting out: { 303 a. A small purchase policy under the Virginia Public Procurement Act,providing 304 for purchase of goods and services without full competitive sealed bidding or 305 competitive negotiation using competitive principles. 306 What committees, officers, and employees have purchasing authority and 07 signatory authority, and for what levels of purchases. 308 c. Uebt i shall take a urtatutttuus vote of the Authority to authorize an¢issue bonded 309 dns nt uenl p include leases peaty! than three atom IQ include lease 310 options, .«:MV.v.I N A i 10 311 d. Revenue requirements a opted by the Board of Directors for allocation to the 312 Board shall not be determined on a per capita or a per land unit of measure of 313 any kind, 314 lam.The Authority will generate revenue based on user fees from custornerspur5Lant 315 to valid contracts. In accordance with the Act,the Authority shall not have the 316 ability tolevy taxes or charge fees to non-users, 317 8. Capital Improvement Program&Accrt Management Plan. 318 a. Capital Improvement Program. The Authority shall annually adopt, as part of 319 its budget process, a capital improvement program(CIP)for planning of 320 capital improvements in the following five years.The CIP shall form the 321 basis and provide guidance for the preparation and adoption of the capital 322 budget of the Authority. 323 b. Asset Management Plan. The Authority shall keep and maintain, as the basis 324 for the CIP, an inventory of its durable and capital assets, together with an 325 ongoing accounting of its depreciation status and anticipated remaining 326 useful life and anticipated replacement cost, to be called its asset 327 management plan(AMP). The depreciation status and probable replacement 328 cost shall be updated annually as part of the budget process; assets shall be 329 added or removed from the list upon their acquisition or surplusing. 330 9. Books&Accounts. The Authority shall adopt a system of accounts compliant with the 331 standards of the Government Accounting Standards Board(GASB)and Virginia law, and shall keep 332 an accounting of all property of the Authority and(i)its initial gross purchase price and(ii)its 333 depreciation using uniform,accepted depreciation schedules, in aid of the development of the AMP 334 and CIP. The utho ,�withtn twelve S 12)monthsvi,pperation,shall have established.an_online 335 checkbook that enables the public by sigiting,into the Authority's accounting systemt_Q.see.all 336 invoices,contra_c , nd¢St bursements made by_the Authority, 337 10. Audits. The Authority shall obtain an annual audit of its accounts, or may contract 338 with any Member Locality, regional entity of which one or more Member Localities is a member, or 339 town within a Member Locality to conduct a joint audit. _All auditEcQnducted on the Authority 340 linanetand accounting system shall le briefed to the Authority's Board of Directors in apublic I : 11 341 session..n. i gall ayailable.and aggenthig to the D11klII con-ling within ten jp business days gibe 342 a&dit'sSQMP M,Q 1IC day baDIVAIIV Boar ram:pltcsis of al A h tlx r cicd. 343 Article VIII—Dissolution 344 1. Term of the Authority. Notwithstanding that the Authority is created to exist for a term 345 of 50 years, the Authority shall not be dissolved merely because the term for which it was created, 346 including any extensions thereof, has expired, unless all of the Authority's functions have been taken 347 over and obligations have been paid or have been assumed by one or more political subdivisions, or 348 cash or U.S. government securities have been deposited for their payment. 349 2. Dissolution by Common Consent. The Board of Directors of the Authority may vote to 350 dissolve the Authority if it determines that the purposes of the Authority(i)are completed or(ii)are 351 impractical or impossible. The resolution of the board of directors will be forwarded to the governing 352 bodies of the Member Localities. If the Member Localities each vote to accept the dissolution, the 353 Authority shall commence dissolution. Each of the Member Localities shall, by contract or deposit 354 of funds sufficient to cover such costs in escrow,take on a share of the assets and obligations of the 355 Authority in proportion to its initial contribution. Each Member Locality shall have first option to 356 acquire all tangible real and personal property and intangible rights of the Authority situate and lying 357 in that locality; provided, however, that based upon the depreciated value of such property, it shall 358 also be required to: (i)take on all obligations directly associated with such property, and(ii) if such 359 property has a disproportionate book value as compared to the property received by the other 360 Member Localities, after obligations directly associated with such property is factored in, that 361 locality may take on a greater or lesser proportion of the obligations of the Authority,such that its 362 share shall be as near to its proportional initial contribution as practicable. 363 Article IX—Definitions, Exhibits&Incorporations by Reference 364 1. Ankles or Ankles of Incorporation. Those draft articles of incorporation set forth in 365 Exhibit B to this Agreement. 366 2. Code of Virginia means the Code of Virginia, 1950, as amended. 367 3. Governing body means the final decision-making body for any political subdivision, 368 empowered by law to make final, binding decisions for that body. In the case of political 369 subdivisions empowered to undertake legislative acts, the governing body shall be the body with the 370 power to undertake legislative acts on behalf of the political subdivision, for example, the council of 371 a city or town or the board of supervisors of a county. 12 372 4. Member Locality means a political subdivision that is a member of the Authority, 373 regardless of whether it is a Creating Jurisdiction or not. 374 5. Resolution, when capitalized, means a concurrent resolution to create the Authority, 375 which shall be in substantially the form set forth in Exhibit A to this Agreement. When not 376 capitalized, resolution refers to the action of a Governing Body which is not an Ordinance or a 377 procedural motion. 378 Article X—Miscellaneous Provisions & Further Assurances 379 1. Appropriate Changes. Any of the Creating Localities may suggest to the others 380 appropriate changes to this Agreement prior to adopting it, which shall become effective and be 381 treated as amendments to this Agreement upon ratification by the other Creating Localities. 382 2. Force Majeure. In the event of war, fire, governmental regulation, labor dispute, 383 shortages in fuel, materials, or other similar items, or delays caused by affecting manufacturers, 384 suppliers or shippers, fuel rationing programs or any other significantly impeding event or 385 circumstance beyond the control of any Creating Locality, performance under this Agreement shall 386 be delayed for such time period as is necessitated by the event of force majeure. If the event of force 387 majeure frustrates the manifest intent of this Agreement, the Parties hereto shall treat such event as 388 an occasion to exercise dissolution by common consent in accordance with Article VIII. 389 3. Changes in Law. In the event of a change in law, regulation, or other governmental 390 policy which prohibits, frustrates,or materially inhibits the actions and activities foreseen in this 391 Agreement, the Parties shall, in good faith, negotiate in order to replace any provision herein which 392 has been prohibited,frustrated, or materially inhibited with a provision that would allow 393 achievement of substantially similar purposes in accordance with such changes in law. 394 4. Further Assurances. From time to time after the date of this Agreement, the Parties 395 may execute such additional instruments of assignment and conveyance and other documents and 396 take such other actions and/or execute such documents as may be necessary or appropriate to carry 397 out the intent of this Agreement and to vest title or convey rights as contemplated herein. The 398 Creating Localities agree not to unreasonably refuse or delay execution of such documents. 399 5. No covenants of officials. No covenant, agreement or obligation contained in this 400 Agreement shall be deemed to be a covenant,agreement or obligation of any present or future 401 director, officer, employee or agent of the Authority or any Creating Locality in his or her individual 402 capacity,and no official or officer, employee, or agent thereof executing this Agreement or any ; 13 403 related instrument shall be liable personally on this Agreement or such instrument or be subject to 404 any personal liability or accountability by reason of the execution and delivery thereof. No director, 405 officer, employee, or agent of the Authority or a Creating Locality shall incur any personal liability 406 with respect to any other action taken by him or her pursuant to this Agreement,the Charter of any 407 of the Cities, or the Wireless Service Authorities Act, or any of the transactions contemplated hereby 408 or thereby, provided he or she acts in good faith. 409 6. Choice of law. This Agreement shall be construed according to the laws of the 410 Commonwealth of Virginia without regard to its principles of conflicts of laws. The Creating 411 Localities consent to venue and jurisdiction in the Circuit Court or General District Court, as 412 appropriate, of any of the Creating Localities or, if federal jurisdiction exists, in the Eastern District 413 of Virginia. 414 7. Attorneys'fees. The Parties agree that,except as specifically provided in this 415 Agreement, if any Party pursues legal action to enforce the terms of this Agreement, the American 416 Rule shall apply and each Party shall bear its own attorneys'fees and expert costs and no fee shifting 417 shall occur. 418 8. Drafter& Severability. This Agreement has been jointly drafted by the Parties, and is to 419 be construed as jointly drafted and not be construed against any of the Parties as the drafter. This 420 Agreement is severable,and if any provision is found to be invalid by any court of competent 421 jurisdiction, the remainder shall survive. The section and paragraph headings in this Agreement are 422 for convenience of reference only and do not modify or restrict any provisions hereof and shall not 423 be used to construe any provisions of this Agreement. 424 9. Covenant of Authority. All Parties warrant that the signatories below have full 425 authority, and have undertaken such legal actions as may be necessary to ensure such authority, to 6 bind the localities of which they are representatives to the full extent permitted by law,except that 7 non-binding arrbzitration must be=wised whereby each party picks an arbriter and the two arbiters 8 pick a third arbiter before filing a law suit in the a_ipi_optiate court ofiuriabytion, The findings_of the 29 inftend n arbriters thoughfpote_bindingmust be made public if either party files a law suit Mlle 30 ap c riate court of iurisdiciton-This Agreement may be executed only by t 31 Eworiginal signature of the Parties and in counterparts which, assuming no modification or 432 alteration,shall constitute an original, and when taken together, shall constitute one and the same 433 instrument. All Parties further warrant that they have full legal authority to carry out the actions I 1 I pu3.«,.w.3a.x 4 14 I i I i 434 contemplated by this Agreement, and that they are aware of no litigation pending or threatened that 435 would draw such authority into question. 436 10. Waiver. The failure of any Party to this Agreement to insist upon strict compliance 437 with any term herein shall not be construed to be a waiver of that requirement. 438 IN WITNESS WHEREOF, the Creating Localities have caused this Agreement to be executed in 439 their respective names,and their respective seals have been affixed and attested by the respective clerks 440 of each, as follows: 441 CITY COUNCIL OF THE CITY OF CHESAPEAKE, VIRGINIA: 442 443 444 Malorcfly4AaRager 445 446 CITY COUNCIL OF THE CITY OF NORFOLK,VIRGINIA: 447 448 449 Malgicity-Matiever 450 451 CITY COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA: 452 453 454 Gity--Manage€M vor 455 456 CITY COUNCIL OF THE CITY OF SUFFOLK, VIRGINIA: 457 458 1459 €414tManagel 460 461 CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 462 463 464 City ManageerM= 465 ;a 1,0s.4 Dix 4 : 15 } � { . ! � � { ^ ? � � ! | _.n , 16 467 EXHIBJT A 468 Resolution 469 WHEREAS, the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach 470 (the"Cities")have determined that it is in the best interests of the citizens of the Cities to form an 471 authority under the Wireless Service Authorities Act to be known as the Southside Network 472 Authority,pursuant to the provisions of the Virginia Wireless Service Authorities Act, Chapter 54.1 473 of Title 15.2 of the Code of Virginia, 1950, as amended; and 474 WHEREAS, the Cities each find,jointly and severally,that creation of the Authority will 475 serve an essential public purpose by increasing the speed and availability of broadband Internet and 476 information services, enable private investment in the marketplace to be better targeted to serving the 477 public, as well as creating jobs and increasing the tax base of the Cities and the region as a whole. 478 NOW THEREFORE, BE IT JOINTLY RESOLVED by the City Council of the City of 479 Virginia Beach, the City Council of the City of Suffolk, the City Council of the City of Portsmouth, 480 the City Council of the City of Norfolk, and the City Council of the City of Chesapeake, to create an 481 authority under the Wireless Service Authorities Act with Articles of Incorporation as follows: 482 ARTICLES OF INCORPORATION 483 OF THE 484 SOUTHSIDE NETWORK AUTHORITY 485 The City of Chesapeake, Virginia, the City of Norfolk, Virginia, the City of 486 Portsmouth, Virginia, the City of Suffolk, Virginia, and the City of Virginia Beach, 487 Virginia, each a municipal corporation of the Commonwealth of Virginia, have by 488 concurrent resolutions adopted these Articles of Incorporation pursuant to the 489 Wireless Service Authorities Act(the "Act"), Chapter 54.1 of Title 15.2 of the Code 490 of Virginia, 1950,as amended,following advertisement and public hearing as required 491 by law. 492 ARTICLE I 493 NAME AND ADDRESS 494 The name of the authority is the "Southside Network Authority" ("Authority"). The 495 address of the principal office of the Authority shall be at 723 Woodlake Drive, 496 Chesapeake, Virginia 23320. 497 498 ARTICLE II 499 TERM OF THE AUTHORITY -dattxalo atix> : 17 500 The Authority shall exist for a term of 50 years as a political subdivision, and as 501 thereafter extended in accordance with the Act, unless earlier dissolved in accordance 502 with the Act. 503 ARTICLE III 504 CREATING JURISDICTIONS 505 506 The creating jurisdictions are the City of Chesapeake, Virginia, the City of Norfolk, 507 Virginia, the City of Portsmouth, Virginia, the City of Suffolk, Virginia, and the City 508 of Virginia Beach, Virginia, each a municipal corporation of the Commonwealth of 509 Virginia (collectively the "member localities"). Although the member localities shall 510 each appoint members of the Authority Board of Directors pursuant to Article V of 511 these Articles of Incorporation,the Authority shall have no"members" as that term is 512 defined in the Virginia Non-Stock Corporation Act, Chapter 10 of Title 13.1 of the 513 Code of Virginia. 514 515 ARTICLE IV 516 JOINDER OR WITHDRAWAL OF JURISDICTIONS; MERGER OF 517 AUTHORITIES 518 519 Any locality may join the Authority, and any locality which is a member of the 520 Authority may withdraw therefrom,-fit;itat rally subiect to Assuming or n e 521 to speci)'id_liquidating de t l cans in ed while a member of the-Authority, 522 ups- tom consent-of-the aiaing-meinbef5 - ofity in ace 523 with--this-Article. However,ine locality--may-withdraw from The•Afth ty-i€4he 524 Authority,-has tstanding•bonds without theunanimo consent ocall-the holders of 525 sueh bonds unless -ail—such bonds Vie--been paid--or-Basle or-United- States 526 government-obligations-have been depositedfef4heir-payment: 527 The governing body of any locality wishing to join or withdraw from the Authority 528 shall signify its desire by resolution or ordinance. IftheAutherityls bid of-direetor 529 and -metaber-il ty its nsent-te the withdrawal or 530 jeinder e€ a-amity; -geveming berme locality -reque -w4hdrawal-o* 531 joinder and.thegoverning - the-etl advertise 532 ordinaneerreselution,ot agreenuentpfovi4ing4or such-joinder-Of Withtha wal-and hold 533 a public -with Se n 154 5431.5 of the et Virgiaia,49-503 534 as a d1- ueh- Ainanee;re_:alutien,or-ageemeat all he adopted in the same 535 • r ones with Alte-sameforrnalities as Abe neees to create a new—authority; 536 mom*Offiiti +s: 537 In the event a locality seeks to join or withdraw from the Authority, the resolutions, 538 ordinances, or agreement creating the new Authority shall specify the number and 539 terms of office of members of the board of directors of the expanded Authority which 540 must be appointed by each of the member localities, and the names, addresses, and 541 terms of office of new initial appointees to the board of directors. 542 The amended articles of incorporation shall be filed with the State Corporation 543 Commission as provided by law. Upon the date of issuance of the certificate by the 544 State Corporation Commission for the amended articles of incorporation,the terms of 545 office of the board members of the existing Authority shall terminate and the 1 441114,4, ,.k . ; 18 • 546 appointments made in the resolutions, ordinances, or agreement creating the new 547 Authority shall begin. 1 548 549 Merger of two authorities existing under the Act shall be accomplished by the same 550 method as joinder of a new member locality. 551 552 ARTICLE V 553 BOARD OF DIRECTORS, TERMS OF OFFICE 554 555 The powers of the Authority shall be exercised by a board of directors composed of 556 five voting members and five alternate members, with one voting member and one 557 alternate appointed by the governing bodies of each of the member localities as set 558 forth in this Article.Members of the board of directors or their alternate members may 559 must be; r}at required try l e elected officials mew:+of the governing body 560 or-professional Hof a member locality. In the event a board of directors member or 561 alternate member is removed from office as a director, has his or her term of office 562 with the appointing locality end, cat has his ear lief-employment with the appointing 563 locality-end dui his_or het term en 4 of-directors-,-that board of directors 564 member shall be disqualified and his or her seat on the board of directors shall become 565 automatically vacant. The governing body of the member locality that appointed that 566 board member may appoint a replacement to serve the remainder of the term. 567 568 The terms of office of the board of directors members shall be four years. The initial 569 terms shall be staggered such that two members are initially appointed for two-year 570 terms,and three members are initially appointed for four years.Members may succeed 571 themselves.Appointments to fill vacancies,however arising,shall be for the remainder 572 of the unexpired term. If at the end of any term of office a successor director has not 573 been appointed, then the director whose term of office has expired shall continue to 574 hold office until his or her successor is appointed and qualifies. 575 576 The board of directors shall annually elect from among its members a chairman and a } 577 vice-chairman, and shall annually elect a secretary and treasurer who need not be 578 members. 579 580 The names and addresses, and terms of office of the members of the initial board of 581 directors of the Authority are as follows: jNOT At THIS "lIMEP.&OPOSLD 582 jv1EMBE _A1 L_NQTALIx. Lf;C'"IL. P QFF1c LS 583 CITY OF CHESAPEAKE(Initial Term Two Years): 584 Voting Member: 585 Hon. Susan J. Vitale 586 306 Cedar Road 587 Chesapeake, Virginia 23322 588 Alternate Member: 589 Scott D. Fairholm, Chief Information Officer 590 306 Cedar Road 591 Chesapeake,Virginia 23322 592 CITY OF NORFOLK(Initial Term Two Years): 19 593 Voting Member: 594 Hon. Andria P. McClellan 595 810 Union Street, Suite 1006 596 Norfolk, Virginia 23510 597 Alternate Member: 598 Catheryn Whitesell, Assistant City Manager 599 810 Union Street, Suite 1100 600 Norfolk, Virginia 23510 601 CITY OF PORTSMOUTH(Initial Term Four Years): 602 Voting Member: 603 Daniel Jones, Chief Information Officer 604 801 Crawford Street 605 Portsmouth, Virginia 23704 606 Alternate Member: 607 Dr. L. Pettis Patton, City Manager 608 801 Crawford Street 609 Portsmouth, Virginia 23704 610 CITY OF SUFFOLK (Initial Term Four Years): 611 Voting Member: 612 Patrick Roberts, City Manager 613 442 West Washington Street 614 Suffolk, Virginia 23434 615 Alternate Member: 616 Ken Beam, Chief Information Officer 617 442 West Washington Street 618 Suffolk, Virginia 23434 619 CITY OF VIRGINIA BEACH (Initial Term Four Years): 620 Voting Member: 621 Hon. Rosemary Wilson 622 2401 Courthouse Drive 623 Virginia Beach, Virginia 23456 624 Alternate Member: 625 Peter"Pedro" Wallace, Chief Information Officer 626 2401 Courthouse Drive 627 Virginia Beach, Virginia 23456 628 The terms of office of the initial members of the board of directors of the Authority 629 shall begin on the date of the issuance of a certificate of incorporation or charter for 630 the Authority by the State Corporation Commission. ,....4444.t F.-. , 20 631 632 Each voting member of the board of directors shall have one equal vote in all matters 633 before the board of directors. In the event of the absence or recusal pursuant to law of 634 a voting member, but not in the event of his or her mere abstention from a vote, the 635 alternate member appointed by that locality shall be entitled to vote in his or her stead. 636 637 ARTICLE VI 638 PURPOSE 639 640 The purpose of the Authority is to provide or assist in the provision of qualifying 641 communication services as defined in Article 5.1 (§56-484.7:1 et seq.)of Chapter 15 of 642 Title 56 of the 1950 Code of Virginia, as amended, and to provide such other services 643 as provided by law and Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as 644 amended. 645 646 ARTICLE VII 647 POWERS 648 649 The Authority shall have all of the powers set forth within Virginia Code § 15.2- 650 5431.11,and any other powers set forth within the Act.The Authority's powers under 651 the Act shall be liberally construed to effect the purposes of the Act. 652 653 The board of directors may appoint such committees and employees as it may from 654 time to time deem convenient, including an executive director or chief executive 655 officer and project committees, and delegate to them such corporate powers on behalf 656 of the Authority as may be permitted by law. 657 658 ARTICLE VIII 659 DISSOLUTION 660 661 The Authority may be dissolved in the manner set forth in Virginia Code§ 15.2-5431.9 662 upon a resolution by the board of directors fmding that the purposes for which it was 663 created have been completed or are impractical or impossible and that all of its 664 obligations have been paid or have been assumed by one or more of the member 665 localities or any authority created thereby or that cash or United States government 666 securities have been deposited for their payment. 667 668 AND BE IT FURTHER RESOLVED that the City Manager or his or her designee is authorized to 669 take all action necessary or convenient to cause the necessary legal documents to be prepared and 670 executed to approve the creation of the Authority. 1671 AND THIS RESOLUTION IS EFFECTIVE on# be€4.5 20Wj1 ..Dj. 672 CITY COUNCIL OF THE CITY OF (NAME] 673 674 Its: 21 675 676 Attest: 677 rx ; 22 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT the City's 2020 Legislative Agenda 2. Ordinance to APPROVE and ADOPT a City Council Policy re Council Member sponsored forums and events (Requested by Mayor Dyer and Vice Mayor Wood) 3. Resolution to SUPPORT the Ignite Seminar Series and Disparity Forum and TRANSFER $10,000 from General Fund Reserve for Contingencies re offset expenses (Requested by Council Member Wooten) 4. Resolution to DECLARE the proposed location of Twenty Seven Atlantic a Revitalization Area re qualify for Virginia Housing Development Authority Funding 5. Ordinance to REVISE the 2019 Housing Choice Voucher Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the revisions to the U.S. Department of Housing and Urban Development(HUD) (Adopted April 12, 2019) 6. Ordinance to DECLARE City Property at 2224 London Street in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to Jose J. and Paige Medrano 7. Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as Commerce Street, Central Park Avenue, Columbus Street and Market Street 8. Ordinances to ACCEPT and APPROPRIATE from U.S. Department of Homeland Security to FY2019-20 Fire Department Operating Budget: a. $58,836 and TRANSFER$5,868 within the Operating Budget re National Fire Protection Association Swiftwater Rescue Training b. $47,175 and TRANSFER$15,725 within the Operating Budget re purchase of sonar and mapping equipment for fireboats 9. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 from Virginia Department of Behavioral Health and Developmental Services to FY2019-20 Human Services Operating Budget re hosting the 2020 Crisis Intervention Team (CIT) Conference and Training Symposium b. $141,501 from Virginia Department of Transportation(VDOT)to CIP 2-300 Traffic Safety Improvements III re Greenwell Road sidewalk and CIP 9-276 Cape Henry Light House Restoration II 10. Ordinance to TRANSFER$1-Million from CIP 2-418 Indian River Road/Kempsville Road Intersection Improvements to CIP 2-126 Laskin Road Phase I-A re Congestion Mitigation and Air Quality Program and AMEND programmed funding to provide $1-Million to CIP 2-418 in FY2020-21 S4�Gp. ACy. 4 t"�"��4--.-it F�f � 71 <Z.� fV `5j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2020 Legislative Agenda MEETING DATE: October 15, 2019 • Background: City Council has a policy of presenting a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and City Council boards and commissions. • Public Information: A discussion was held with City Council on September 3, 2019. A public hearing was held on October 1, 2019 in Council Chambers. • Attachments: Resolution and 2020 Legislative Agenda. Submitting Department/Agency: City Council City Manager: 1 A RESOLUTION ADOPTING THE CITY'S 2020 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council has a policy of adopting a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2020 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2020 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2020 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 day of , 2019. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j/A OLet / ' " ' ,. ‘-e City Manager's Office City Attorney's Office CA14907 R-1 October 8, 2019 cp,I«•$mac a V wa • t= t 1 �f ♦ a .,44s *4s eau out foo‘- 3. _ CItea., VB Strong DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2020 SESSION October 4, 2019 CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor Robert M. "Bobby' Dyer—At Large Vice-Mayor James L. Wood— Lynnhaven Jessica P. Abbott—Kempsville Michael Berlucchi —Rose Hall Barbara M. Henley— Princess Anne Louis R. Jones—Bayside John D. Moss—At Large Aaron R. Rouse—At Large Guy K. Tower- Beach Rosemary A. Wilson—At Large Sabrina D. Wooten—Centerville CITY OF VIRGINIA BEACH— GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr.— Senate District 6 Senator William R. DeSteph, Jr. — Senate District 8 Senator John A. Cosgrove, Jr.—Senate District 14 Delegate Kelly K. Convirs-Fowler—House District 21 Delegate C. E. "Cliff' Haves, Jr.—House District 77 Delegate Barry D. Knight—House District 81 Delegate Jason R. Miyares—House District 82 Delegate Christopher P. Stolle—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Cheryl Turpin—House District 85 Delegate Joseph C. Lindsey —House District 90 Delegate Robert S. Bloxom, Jr. —House District 100 ii TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL ii CITY OF VIRGINIA BEACH-GENERAL ASSEMBLY DELEGATION ii SECTION L1-CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS 1. VOTING RIGHTS 6 SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 2. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 7 SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION 3. HIGH SPEED RAIL 8 SPONSORED BY CITY COUNCIL 4. MENHADEN FISHING REGULATION 9 SPONSORED BY CITY COUNCIL 5. CERTIFICATE OF PUBLIC NEED 10 SPONSORED BY CITY COUNCIL 6. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 11 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 7. FULL FUNDING TO THE STEP-VA PROGRAM 12 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 8. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE 13 SPONSORED BY CITY COUNCIL SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 9. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL 15 SPONSORED BY VICE-MAYOR JIM WOOD 10.EQUALIZE"HOUSE BILL 599"FUNDING 16 SPONSORED BY VICE-MAYOR JIM WOOD 11.RESIGN TO RUN FOR MEMBERS OF COUNCIL OTHER THAN MAYOR 17 SPONSORED BY COUNCILMEMBER JOHN MOSS 12.PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN COURSES TAKEN BY LAW ENFORCEMENT OFFICERS 18 SPONSORED BY VICE-MAYOR JIM WOOD Ill TABLE OF CONTENTS (continued) 13.FILM TAX CREDIT 19 SPONSORED BY CITY COUNCIL 14.DEFINITION OF SMALL BUSINESS 20 SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON 15.REQUEST TO AMEND 2019 ACTS OF ASSEMBLY,C. 793 TO ALLOW CDA FINANCING AND TO EXTEND THE DATE OF TAX INCENTIVE 21 SPONSORED BY COUNCILMEMBER JOHN MOSS 16.BANNING CONVERSION THERAPY 22 SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI& THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION 17.VIRGINIA SHORELINE RESILIENCY FUND 23 SPONSORED BY COUNCILMEMBER BARBARA HENLEY iv SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS °i ,6 1. VOTING RIGHTS SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation, and it is the foundation of our democracy. Barriers to the ballot box harm our state and our country and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Additionally, the drawing of electoral districts can promote or depress voter turnout, depending in part on whether districts are drawn in order to respect the boundaries of localities,neighborhoods, and communities of common interest or are drawn primarily for political advantage. Increased voter participation strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: This was a part of your package last year and has been for several years through a joint initiative with the Human Rights Commission. The Human Rights Commission has asked for redistricting reform and removal of barriers to voter participation. Specifically, they are asking that the no excuse voting law passed in the 2019 session,be amended. That law would allow no excuse absentee voting beginning a week and a half on Saturday before the election starting in 2020. The Human Rights Commission is requesting it to be expanded to no excuse, in person, absentee ballot voting for the entire 45 days open for voting before the election. The General Assembly passed a first phase of amending the Constitution to create a non-partisan Redistricting Commission. The Human Rights Commission requests the General Assembly pass that same legislation during the 2020 session. The issue would then be put before the voters in the 2020 election. Assuming that those two actions are successful,when the General Assembly does redistricting of Congress and the Virginia House and Senate in 2021,the Redistricting Commission would begin the process. 2. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now cause major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City,which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort,which will take actions by the state,federal,and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and northward, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are then returned to the state for reinvestment. It's projected that roughly$250M per year in auction revenues through 2030 could be provided to Virginia. Request: The General Assembly is requested to adopt legislation.That would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission,while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the U.S. population. They have had $1.3B in net positive economic impact, from 2012-2014 in RGGI states have cut pollution three times faster than non-RGGI states, and have had comparable bills for power to other areas. fir.. r � . I 3. HIGH SPEED RAIL SPONSORED BY CITY COUNCIL Background Information: The Virginia Department of Rail and Public Transportation (DRPT) is in the process of identifying funding sources to initiate a Tier II Environmental Impact Statement(EIS)within the next six years for the Richmond- Hampton Roads segment of the Southeast High Speed Rail (SEHSR)corridor.Approximately$27 million is needed to complete Tier II EIS.Two years ago we were successful in getting the General Assembly to require DRPT to update the costs of the Tier II EIS and also identify funding sources. Their report recommended that the Hampton Roads Transportation Planning Organization fund the Tier II EIS. The $27 million will suffice. HRTPO has fully allocated its RSTP and CMAQ monies for the next 6 years,and Richmond region, did not contribute any regional funds to either of their Tier II EIS efforts which are complete. Request: We request the Commonwealth fund a Tier II Environmental Impact Statement for High (ER) Speed Rail between Richmond and Hampton Roads. ,9 4. MENHADEN FISHING REGULATION SPONSORED BY CITY COUNCIL Background Information: A small fish-Menhaden- is often referred to as"the most important fish in the sea". Because it is close to the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food. These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout, mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the food chain species go elsewhere in search of food. The importance of Menhaden is not solely founded on the population of other species.Menhaden also provide a service in filtering the Bay water,second only in importance to the oyster. As they filter the Bay they return much needed oxygen to the waters for life to flourish. The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred to as the "Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only healthy for the bay and for the entire Atlantic coast,but for the businesses that are such a part of the economic engines known as tourism and commercial fishing. Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a whole, rather than the needs of few.The General Assembly has removed itself from the regulation of most other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine Resources Commission where the technology and science exist to best manage it. Also, the current regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and Atlantic Ocean beaches with deposits of dead fish. Request: The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the 2018 legislative session similar to HB-822 or HB-160 introduced by Delegate Barry Knight,and SB-98 introduced by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed in SB-214 by Senator Cosgrove, in the 2018 Legislative Session, fishing for Menhaden with purse nets in the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of Virginia Beach extending from the North Carolina border and one mile in the Chesapeake Bay. This common sense legislation would allow this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and Virginia's economy based on science and facts. zt,„. :.. lift 5. CERTIFICATE OF PUBLIC NEED SPONSORED BY CITY COUNCIL Background Information: The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new beds or equipment they must go to a state body to receive permission to do so.The Certificate of Public Need is seen as a way to reduce duplication of expensive services and facilities, and also to make sure that facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN is seen as a way to reduce healthcare costs and make services available as widely as possible. However, many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market. During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is not only a medical doctor but a Hospital Administrator, introduced House Bill-1083. HB-1083 would have modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated; however, other legislation is being studied over the period between the 2016 session and the 2019 session. There will most assuredly be legislation introduced in the 2019 session that again ranges from outright repeal to modifications as needed. Request: The City of Virginia Beach requests the General Assembly retain COPN in its current form with process reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This legislation addresses concerns surrounding the COPN process while maintaining the integrity of the program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote access to care, ensure provision of essential health services, fund graduate medical education, and maintain the fiscal stability of Virginia's community. 111 6. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY CITY COUNCIL&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City of Virginia Beach requests the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation or gender identity in hiring and in housing as was proposed in legislation from Kelly K. Convirs-Fowler and Delegate Roxann Robinson in the 2019 Session. e ;. 11 1 12 7. FULL FUNDING FOR THE STEP—VA PROGRAM SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL Background Information: Almost 20%of adults in the Commonwealth have some kind of mental illness according to the Mental Health America 2019 Prevalence Report. Virginia is ranked 40th in the nation for mental health service and 40th among all states in access to care. The suicide rate is rising each year. More than 17% of inmates in the jail population have a mental illness with this number also rising each year. The need for a comprehensive, effective and accessible system of mental health services is quite clear. Without adequate treatment and support available in the community, many individuals living with mental illness struggle to remain safely in their own homes and communities. Some of the outcomes of an inadequate public mental health system include: frequent trips to hospital emergency rooms, homelessness, substance use disorders, suicide and incarceration among individuals with mental illness. STEP VA (System Transformation, Excellence and Performance in Virginia) was developed to address quality, access, accountability and consistency across all Community Services Boards (CSB). In 2015, DBHDS received a federal planning grant to lay the foundation for a behavioral health system that would be standardized in the provision of nine core services: • Same-day access • Primary care screenings • Outpatient behavioral services • Behavioral health crisis services • Peer/family support services • Psychiatric rehabilitation • Veterans' behavioral health • Case management for adults and children • Care coordination The 2017 General Assembly amended the code to implement the STEP VA System of nine services by 2021 with two of those services, Same Day Access and Primary Care Screening being implemented by 2019. As of 2019: Same Day Access and Primary Care Screening have been fully funded and are being implemented. Outpatient Services ($15M) and Crisis Services ($7.8M) have been partially funded. Full funding is still needed for the seven other services to be implemented by 2021 as mandated in the 2017 General Assembly session. Request: The City requests that the General Assembly provide full funding for the implementation of STEP VA System throughout the Commonwealth to ensure all nine Core Services are implemented by 2021. 113 8. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE SPONSORED BY CITY COUNCIL Background Information: In 2006, the Virginia General Assembly passed legislation to replace state and local taxes and fees on communication services with one statewide Virginia Communications Sales and Use Tax.This statewide tax imposed a 5% fee, which is collected from consumers by service providers and remitted to the state on a monthly basis.After collection by the state,the tax is then distributed to individual localities. Revenues from the Sales and Use Tax are in long-term decline. For example, Virginia Beach now brings in $6 million less per year than when the tax first went into effect over a decade ago. This $6 million decline is equal to a 20% loss in revenue over this period. As technology progresses,this revenue gap will only grow wider. The chart below shows actual revenues received by the City over the past decade. In total, the City averaged a 2.2% per year reduction in Virginia Telecom Tax Revenue between Fiscal Year 2007-08 and Fiscal Year 2017-18. 30.0 Virginia Telecom Tax: FY 08-FY18 30 27.2 27.9 27.6 28 26.7 26.7 26Iuiuluiliii 3 26.0 26 24 22 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 ■Actual Consistent with these declines, the City has lowered, by a combined $1.5 million in Fiscal Years 2019 and 2020, its budgeted projections for Telecom Tax revenue. Should the present tax structure continue as is, the City will likely see a decline in this revenue source in Fiscal Year 2021 that would bring the total amount of revenue received by the City to under$23 million. FY 2019 Budgeted FY 2020 Budgeted [ FY 2021 Estimate (Using Historic Average) $23.8 million [ $22.4 million $22.9 million REQUEST: The General Assembly is requested to restore funding to localities consistent with amounts received at the time of the formula's adoption in 2006. 1r 114 SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES Ilis bit I15 9. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL SPONSORED BY VICE-MAYOR JIM WOOD Background Information: In Virginia, public safety benefit programs have historically been designed specifically for firefighters and police officers. Most municipal EMS providers were either cross-trained as firefighters, volunteers or civilians. There was little attention given to governmental EMS workers. Virginia Beach has the largest with its cadre of medics within the Department of EMS. We currently have 65 officers or medics who are considered full time salary Emergency Medical Technicians for purposes of benefit calculations. However, those workers are not given the same protections of heart disease presumption that Fire and Police have. Request: The General Assembly is requested to modify Code of Virginia Title 65.2, Workers' Compensation, Chapter 3: Occupational Diseases §65.2-402(B)as follows: B. Hypertension or heart disease causing the death of or any health condition or impairment resulting in total or partial disability of(i) salaried or volunteer firefighters, (ii) members of the State Police Officers' Retirement System, (iii)members of county, city or town police departments, (iv)sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Game and Inland Fisheries, (ix)Capitol Police officers, (x)special agents of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (( 4.1-100 et seq.) of Title 4.1, (xi)for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in §65.2-305, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, )(xiv) campus police officers appointed under Article 3 (,23.1-1-809 et seq.)and(xv)full-time salaried Emergency Medical Technicians employed by the City of Virginia Beach. Of Chapter 8 of Title 23.1 and employed by any public institution of higher education shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary. • 11.1 Erj 1 16 10. EQUALIZE "HOUSE BILL 599" FUNDING SPONSORED BY VICE-MAYOR JIM WOOD Background Information: In 1979, the Commonwealth of Virginia agreed to contribute funds to any locality in the Commonwealth with a police department. This was done through House Bill 599, codified in the Code of Virginia as §9.1- 165 through 172. The intent of this legislation was to help equalize state funding between jurisdictions with police departments and those with Sheriffs Offices. At the time of adoption, it was conveyed that the Commonwealth would grant localities with police departments a sum equal to 30% of their department's costs. In the case of Virginia Beach,neither goal has been meet. In Fiscal Year 2019, 599 allocations were roughly 60% of the amount the City received for the Sheriff's Office from the Commonwealth. As for the Police Department's total operating budget, the amount from the Commonwealth was equal to only about 10% of City's appropriations for the VBPD. The same disparity has been true for the Commonwealth at-large. Whereas general fund appropriations for Sheriffs Office (not including local jail per diem) are approaching $500 million, 599 funding for Police Departments is under$200 million. Further,the amount of 599 funding in FY 2020 is less than what existed in FY 2009 and other prior years. In addition, in code, the amount of funds distributed each year should be adjusted by a sum equal to the anticipated general fund revenue change in any given year. However, this requirement is one to which the state has not continually adhered; there is presently a $139 million gap between approved HB 599 funding and the amount that would have occurred from calculating 599 funding based upon anticipated state revenue growth every year since FY 2000. For example, while the official state General Fund growth forecast called for 3.4%growth between FY 2017 and FY 2018, 599 funding remained flat during the FY 2018 budget year. Similarly, while the official state General Fund growth forecast estimated 5.9% growth between FY 2018 and FY 2019, 599 funding allocations only increased 3.70% in FY 2019. For FY 2020, the state pre- programmed an increase in 599 funding at 3.90%, but did not adjust the amount in conjunction with the state's growth revenue. Request: The General Assembly is requested to increase funding to provide better parity between the appropriations for Sheriffs Offices and for Police Departments. Specifically, 599 funding is requested to increase in FY 2021 state budget to a baseline that is equal to the amount of actual revenue growth between FY 2018 and FY 2019,and then that sum should be increased by the official forecast growth figures for FY 2020 and 2021. T T.- t•11 17 11. RESIGN TO RUN FOR MEMBERS OF COUNCIL OTHER THAN MAYOR SPONSORED BY COUNCILMEMBER JOHN MOSS Background Information: In 1987, the General Assembly added Section 3.02:2 to the City Charter. Section 3.02:2 provides a"resign to run"requirement of any member of the City Council who wishes to be a candidate for the office of mayor. In pertinent part, this requirement requires a sitting Councilmember to irrevocably resign his or her council seat as a condition to becoming a candidate for mayor. That resignation would be effective December 31 of the applicable year. This legislative request would impose a similar requirement if an at large Councilmember seeks to become a candidate for a residence district seat or if a resident district member seeks to become an at-large candidate. Request: The City Council requests the General Assembly enact an amendment to the City Charter that inserts the following text as new Section 3.02:3: A. In the event any councilmember from one of the residence districts shall decide during his term of office to be a candidate for an at-large seat,the councilmember shall tender his resignation as a councilmember not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilmember's intention to run for the at-large seat, shall require no formal acceptance by the remaining councilmembers, and shall be final and irrevocable when tendered. The unexpired portion of the term of any councilmember who has resigned to run for an at-large seat shall be filled at the same general election, or special election if the at-large seat is to be filled by special election. B. In the event any councilmember from one of the at-large seats shall decide during his term of office to be a candidate for a residence district seat, the councilmember shall tender his resignation as a councilmember not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilmember's intention to run for the residence district seat, shall require no formal acceptance by the remaining councilmembers, and shall be final an irrevocable when tendered. The unexpired portion of the term of any councilmember who has resigned to run for a residence district seat shall be filled at the same general election, or special election if the residence district seat is to be filled by special election. S` fit I 1 8 12. PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN COURSES TAKEN BY LAW ENFORCEMENT OFFICERS §23.1-602 SPONSORED BY VICE-MAYOR JIM WOOD Background Information: In 1966,the General Assembly passed §23.1-602,which provides college tuition,including the cost of books and fees, paid for by the State,to any law enforcement officer working within the Commonwealth. Officers would be required to pursue a degree or certificate in a course of study relating to the field of law enforcement, and must attend an accredited institution of higher education within the Commonwealth. In return, officers would be required to remain employed in a law enforcement capacity for a period of at least as long as the length of the course of study taken, or repay the full amount of such tuition. This law has remained, unfunded, in the Code of Virginia since its creation. Our citizens deserve a highly professional, knowledgeable, and educated police force that enforces the law and investigates crime in a judicious and equitable manner. Training and education are crucial for the future success of our officers and our department. In today's policing environment, officers go above and beyond answering calls for help. They are leaders, problem solvers, counselors, and role models who are equipped with 21 t century skills that far surpass traditional police academy training. In short, the profession has evolved. The benefits of higher education reach beyond the impact it has on individual officers. A well-educated police force positively influences the future of our organization and our community. Continuous learning and self-improvement become engrained in all ranks, from officer to command staff, and within our culture. For these reasons and more,restoring funding for this statute is a worthy investment for both our officers and the citizens we serve. Request: The General Assembly is requested to consider funding this statute,for a trial period,to determine state-wide interest and administrative workload for the Department of Criminal Justice Services (program administrators). This pilot program would provide access to limited financial resources for specific localities within the Commonwealth,to include the City of Virginia Beach. We propose modifying the existing statute to reimburse tuition for attendance at an accredited in-state university or community college, up to the two- year associate's degree level. All other provisions of the existing statute shall remain unchanged. Upon completion of the pilot program,an evaluation will be conducted to determine program expansion and state- wide fiscal impact. if 119 13. FILM TAX CREDIT SPONSORED BY CITY COUNCIL Background Information: The Commonwealth of Virginia has a rather small program to promote film and other media production within the Commonwealth. Other states, most notably Georgia and North Carolina, have a very robust program which has created a considerable industry in those states. In order for Virginia to compete in this arena, the Commonwealth needs to provide additional incentives through tax credits and other means. This is an ideal time for Virginia to expand their incentives for this industry in as much as North Carolina and Georgia because of actions of their respective General Assemblies have created an environment that is unwelcoming to the industry. Request: The General Assembly is requested to establish a new media and technology income tax credit as was envisioned by HB2163 of the 2019 session of the General Assembly, sponsored by Delegate Glenn Davis. This credit would equal 15%of expenses or 20%for productions in economically distressed areas in Virginia. Expenses eligible for the tax credit include purchases that were exempt from sales tax unless 6 purchases were made at least 1 year prior to such tax payer entering into an agreement with the Virginia Film Office. Productions may receive additional credits of up to 20%of production costs over$250K and compensation payed to Virginia residents who are first time actors or production crew members. The bill further provides that credits may be carried over to subsequent tax years for up to 10 years and transferred to another party upon payment to the department of a fee of 2%. 14 `�'4 p 1l 14. DEFINITION OF SMALL BUSINESS SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON Background Information: Currently there are multiple definitions for small businesses in the code of Virginia. The one that is utilized most predominantly is in the Virginia Public Procurement Act. This states that a small business means a business independently owned and controlled by one or more individuals who are US citizens or legal resident aliens and together with affiliates has 250 or fewer employees or annual gross receipts of$10 million or less averaged over the previous three years. Under this current definition a "small business could have 250 employees and greater than annual gross revenues of$10 million". This means that a certified small business could have unlimited annual revenue and receive the benefits of being a small business under the code. Request: The General Assembly is requested to amend the code of Virginia section 2.2—4310 to substitute the word "and" for"or" in the definition of a small business. This would mean that a small business would be defined as having 250 or fewer employees and annual gross receipts of$10 million or less averaged over the previous three years .This is thought to provide a truer definition of a small business in Virginia than the current code. fv ��` !,, 15. REQUEST TO AMEND 2019 ACTS OF ASSEMBLY, C. 793 TO ALLOW CDA FINANCING AND TO EXTEND THE DATE OF TAX INCENTIVE SPONSORED BY COUNCILMEMBER JOHN MOSS Background Information: In January, the City Council authorized the execution of a Term Sheet for the development of definitive project documents for the Dome Site Project (the "Project"). The Project was subsequently rebranded as Atlantic Park. Separately, the 2019 General Assembly, through the work of Delegate Knight and Senator Wagner, enacted Chapter 793. This legislation provides a mechanism for the capture of sales and use taxes for a "sports and entertainment district." The defined district is in the same area as Atlantic Park. The City believes the revenues from Chapter 793 will be an important part of the City's financing of its obligations related to the Project. Two issues have emerged that may require the General Assembly to amend Chapter 793. First, there is discussion of the use of a Community Development Authority ("CDA")to assist in the financing of certain improvements that are part of the Project. The CDA tool allows for the imposition of additional levies and special assessments at the Project, which allows the beneficiaries of the increased costs of infrastructure to participate more directly in paying for such improvements. Second, because of the time needed to finish the pre-development work and construction of the Project, the outside dates prescribed in Chapter 793 may not be sufficient to provide the assistance originally intended.As such,this request seeks to offer additional years that will provide for the incentive to align with the duration of the City's obligations. Request: The City Council requests the General Assembly amend Chapter 793 of 2019 Acts of Assembly as follows: • Amend the second sentence of§ 15.2-5931(A)to read as follows: "As used in this chapter, "bonds" includes notes of any kind, interim certificates, refunding bonds, or any other evidence of obligation issued by the City of Virginia Beach, the City of Virginia Beach Development Authority, or a community development authority formed by the City pursuant to sections 15.2-5152 through 15.2- 5159 and within the Sports and entertainment district." • Amend § 15.2-5932(C) to allow the use of the Fund to pay for expenses or debt service associated with a community development authority at the sports or entertainment district. • Amend § 15.2-5933(A)(2) to change the date from "July 1, 2039" to "July 1 following the 20th anniversary of the completion of construction of the Sports and entertainment project." • Add enactment 3: "Notwithstanding § 15.2-5113(A),a community development authority formed by the City pursuant to sections 15.2-5152 through 15.2-5159 and within the Sports and entertainment district may have an authority board with the same number of board members as the number of members of the City's governing body." 122 16. BANNING CONVERSION THERAPY SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: Conversion therapy, sometimes known as reparative therapy, is the harmful practice of attempting to change one's sexual orientation or gender identity. This philosophy is based on discredited and outdated theories. In Virginia, it is currently legal to promote and engage in this dangerous technique,which is especially harmful to youth, who often have no choice when this treatment is forced upon them by a parent or guardian. Since 1975, the American Psychological Association has stated that homosexuality is not a mental illness, yet throughout Virginia organizations promote this practice as a legitimate and medically backed option for Lesbian, Gay, Bisexual, and Transgender (LGBT) youth to cure them of being who they are. In 2013, the American Psychiatric Association made the following issue statement: "The American Psychiatric Association does not believe that same-sex orientation should or needs to be changed, and efforts to do so represent a significant risk of harm by subjecting individuals to forms of treatment which have not been scientifically validated and by undermining self-esteem when sexual orientation fails to change.No credible evidence exists that any mental health intervention can reliably and safely change sexual orientation; nor, from a mental health perspective does sexual orientation need to be changed." According to research from the Family Acceptance Project, suicide attempts nearly double (48%)for LGBT youth who report parent and guardian efforts to change their sexual orientation versus those who didn't experience those efforts(22%),and that rate nearly tripled for LGBT young people who reported both home- based efforts and formal intervention efforts by external parties, such as therapists and religious leaders. (63%) Sixteen states and territories have banned this harmful practice. Request: The General Assembly is requested to adopt legislation that would establish that conversion therapy for LGBT is an unlawful process. 4 ,t �k,;..... I 23 17. VIRGINIA SHORELINE RESILIENCY FUND SPONSORED BY COUNCILMEMBER BARBARA HENLEY Background Information: In the 2016 Session of the General Assembly, the Virginia Shoreline Resiliency Fund was established as a low interest loan program.This provided low-interest loans to mitigate and adapt to recurrent flooding.Funds have never been provided to provide a 'bank' from which funds could be borrowed. Request: The General Assembly is requested to convert the Virginia Shoreline Resiliency Fund from a low interest loan to a cost sharing and grant program, and to provide meaningful funding on a recurrent basis for this program. This would allow individual property owners a source of funding from the Commonwealth to elevate their homes, or otherwise mitigate the effects of sea level rise and provide resiliency from the same. We also ask that the Commonwealth be a sponsor with Federal Agencies on projects large and small. „-x--=-+a,e'v"cam rod -,, ru CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Approving and Adopting a Policy Pertaining to Councilmember-Sponsored Forums and Events MEETING DATE: October 15, 2019 ■ Background: During its recent governance meeting, the City Council discussed out-of-pocket expenditures for forums and events sponsored or requested by individual members of the City Council. Events and forums sponsored by individual members of the Council provide valuable information to the residents and provide opportunities for the public to provide direct feedback about important matters that impact our citizens' lives and wellbeing. The Council desires the use of City-owned buildings and facilities to host such forums and events, and when appropriate, the assistance of staff to provide subject matter expertise, meeting planning, and notification to the public. However, the Council also recognizes that certain events will benefit from the use of other facilities or the allowance for out-of-pocket expenditures for things such as catering or a speaker fee. • Considerations: In an effort to provide guidance consistent with the governance meeting, the attached policy provides a procedure for an individual member to seek approval of the full Council for events that entail more than a nominal out-of-pocket expenditure, such as expenditures for catering or a speaker fee. If there is an event and a departmental co-sponsor that has funds previously appropriated for such purpose, the Council can approve the matter by consensus. However, if consensus cannot be reached or there is not funding appropriated for such purpose, the expenditure must be approved by an affirmative vote of a majority of the Council. The policy also includes a safeguard for compliance with the Virginia Freedom of Information Act. • Public Information: Normal Council Agenda process. • Attachments: Ordinance, Policy Requested by Mayor Dyer and Vice Mayor Wood REQUESTED BY MAYOR DYER AND VICE MAYOR WOOD 1 AN ORDINANCE APPROVING AND 2 ADOPTING A POLICY PERTAINING TO 3 COUNCILMEMBER-SPONSORED FORUMS 4 AND EVENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That the City Council hereby approves and adopts the policy entitled 10 "Councilmember-Sponsored Forums and Events," which has been exhibited to the City 11 Council, and a true copy of which is on file in the City Clerk's Office. Adopted by the City Council of Virginia Beach, Virginia on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14905 R-1 October 3, 2019 G1r115 BBC Ey: 11 i 4- ''L. uI, ry erf: -., :`i S It; r 94(41. a ��, CityCouncil Policy N..,o� ,. Title: Councilmember-Sponsored Forums and Events Date of Adoption: Page 1 of 1 1.0 Purpose and Need The purpose of this policy is to address expenditures related to forums and events sponsored or requested by individual members of the City Council. 2.0 Policy Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office to reserve space in a City facility and to request staff assistance, such as the provision of staff with subject matter expertise to attend the meetings,the assistance of staff with meeting planning skills, or staff assistance in publicizing such gatherings. If, however, a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal ($50 or less) out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. The following procedure shall apply: • If the member seeks to hold an event and there is a departmental co-sponsor that has funds previously appropriated for such purposes, the member may share the purpose of the gathering and the amount of anticipated expenditures with the Council and the Council may approve the matter by consensus. However, if consensus is not obtained, the event must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold an event and there is not funding appropriated for such purpose, the expenditure must be approved by an affirmative vote of a majority of the Council. Nothing in this policy shall prevent a councilmember from participating in an event or forum that is sponsored and paid for by a City department using funds previously appropriated to that department as part of the normal budget process. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes. I , , , ...„, 4....„.„ , , , ,i3rte„, 4,,...,.....„., ,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Express City Council Support for the Ignite Seminar Series and the Disparity Forum and to Transfer Funds in Furtherance of Same MEETING DATE: October 15, 2019 • Background: The City Council received the Disparity Study written report in January of 2019, and this report was followed by an oral presentation from the consultant, BBC Research on February 5, 2019. Based on the results of the Disparity Study, the City Council increased its aspirational goal for minority participation in City contracts to 12% in April. Councilmember Wooten initiated the Ignite Seminar Series that offered three public meetings in 2019. These events were held on February 23, June 22, and September 21, and such events encourage small business participation in City contracts. The total attendance was 246. Councilmember Wooten is preparing for Ignite Series 2020, and these quarterly events are preliminarily scheduled for February 15, June 20, and September 19. In addition to the Ignite Seminar Series, Councilmember Wooten initiated the Disparity Forum to bring awareness and address the disparity among SWaM businesses. This event was held on May 22, 2019, and the attendance was 262. In the FY20 Operating Budget process, Councilmember Wooten requested additional resources to support the implementation of the Disparity Study recommendations, including staff and funding for business seminars, but Council only approved $30,000 for monitoring SWaM business utilization. In the absence of the full funding requested or the addition of staff, events, such as the Ignite Seminar Series and Disparity Forum, maintain the community's focus on remedying the disparity identified in the Disparity Study. • Considerations: The attached resolution provides Council's support for the Ignite Seminar Series and Disparity Forum. This is important because these events are vehicles and tools to address the disparity identified by the Disparity Study. In furtherance of its support, the resolution authorizes a transfer of $10,000 from the Reserve for Contingencies to pay the expenses associated with the Ignite Seminar Series and Disparity Forum, and such funds are to offset expenses related to such events including food for attendees, facility rentals, printed materials and speakers. • Public Information: Normal City Council agenda process. • Attachments: Resolution; Expense and Attendance Report for 2019 Ignite Seminar Series and the Disparity Forum Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO EXPRESS CITY COUNCIL SUPPORT 2 FOR THE IGNITE SEMINAR SERIES AND THE DISPARITY 3 FORUM AND TO TRANSFER FUNDS IN FURTHERANCE 4 OF SAME 5 6 WHEREAS, the City Council received the Disparity Study written report in January 7 of 2019; 8 9 WHEREAS, the City Council increased its aspirational goal for minority 10 participation in City contracts to 12% to reflect the outcome of the Disparity Study; 11 12 WHEREAS, Councilmember Wooten initiated the Ignite Seminar Series that 13 offered three public meetings in 2019, and such events encourage small business 14 participation in City contracts; 15 16 WHEREAS, for Ignite Series 2020, the events will be quarterly with February 15, 17 June 20, and September 19 as preliminary dates; 18 19 WHEREAS, Councilmember Wooten initiated the Disparity Forum to bring 20 awareness and address the disparity among SWaM businesses; 21 22 WHEREAS, in the FY20 Operating Budget process, Councilmember Wooten 23 requested additional resources to support implementation of the Disparity Study 24 recommendations, including staff and funding for business seminars, but Council only 25 approved $30,000 for monitoring SWaM business utilization. In the absence of the full 26 funding requested or the addition of staff, the Ignite Seminar Series and the Disparity 27 Forum maintain the community's focus on remedying the disparity identified in the 28 Disparity Study without additional positions. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA, THAT: 32 33 The City Council expresses its support for the Ignite Seminar Series and Disparity 34 Forum because these events are vehicles and tools to address the disparity identified by 35 the Disparity Study. 36 37 The City Council authorizes a transfer of $10,000 from the Reserve for 38 Contingencies to Municipal Council for expenses associated with the Ignite Seminar 39 Series and Disparity Forum, and such funds are to offset expenses related to such events 40 including food for attendees, facility rentals, and speakers. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City A rney's Office CA14904 R-1 October 3, 2019 Location Attendee Counts Staff Attending Funds Spent Description IGNITE 2/23/2019 Advanced Taylor,Jeff, Technology 90 Rebecca,Lavera, Center and Julie $504.90 Paid to Gourmet Gang by ED Handouts Printing(0.03990 per copyX 20 sheets X $159.60 200 copies)-Communications Total $664.50 5/22/2019 Disparity Forum Marcia Boomer, Jumel Stuart,Jessa Johnson,Shelvi Sandler Center 262 Schultz,Lynn Bailey,Joyce McElmurray,Marc This was the amount paid by purchasing alone and St.Clair,Rob Jones, does not include the expenditures made by other Rebecca,Taylor departments(includes VB tablecovers-BBC Research and Lavera $1,651.25 and Consulting and Printing done in Purchasing) $600.00 Sandler Center-costs for security and cleaning Total $2,251.25 IGNITE 6/22/2019 Keith Lee and Jeff Zieder Theater 41 Smith $915.00 Zieder Theater-rental cost-ED $447.90 Gourmet Gang-ED $23.88 Printing Purchasing $169.58 Poster Boards-Communications Total $1,556.36 IGNITE 9/21/2019 Rebecca Kee, Lavera Tolentino, Julie Hill,Taylor Sandler Center 115 Adams,Jeff Smith $498.50 Gourmet Gang-Refreshments-City Clerk $600.00 Sandler Center-costs for security and cleaning $147.96 Printing of materials-Communications Total $1,246.46 I ht4 i-cI ,tkvr.0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring the Proposed Location of Twenty Seven Atlantic to be a Revitalization Area in Order to Qualify for Virginia Housing Development Authority Financing MEETING DATE: October 15, 2019 • Background: The Virginia Housing Development Authority (VHDA) provides lower-cost financing for housing developments that provide mixed-use / mixed-income housing that serves varying populations within the same development. 27 1/2 Street, LLC proposes to develop Twenty Seven Atlantic on property located at 27th Street and Atlantic Avenue (see attached map and elevation). They propose to develop a mixed- income project that will have a small amount of non-housing space on the first floor and 266 apartment units. The attached resolution is required by state law before such financing can be provided. The VHDA workforce housing / mixed-income program requires that 20% of the total number of units be rented to tenants who earn no more than 80% of the City's median income. No subsidies are provided to residents; rather the project must rent units at costs affordable to residents at defined income levels. Per the documentation submitted to VHDA by the developer, the project will comply with these requirements. A Special Exception for Alternative Compliance to Section 5.3.2 of the Oceanfront Resort District From- Based Code in order to exceed the square footage was granted by City Council on November 13, 2018. Prior to City Council approval, the developer met with the Resort Beach Civic League and the Resort Advisory Commission. ■ Considerations: This resolution is required if the project is to receive the proposed funding. The project has been found to be consistent with the plan for the Resort Area. The determinations required by the VHDA are set forth in §36-55.30:2 of the Virginia Code, which is attached hereto. For the designation of a revitalization area, which is proposed here, the relevant determinations are as follows: a. The industrial, commercial or other economic development of the Area will benefit the City but the Area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare or nonprofit enterprises or undertakings to locate or remain in the Area; and b. Private enterprises and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs to low and moderate income persons and families in the Area and will induce other persons and families to live within the Area and thereby create a desirable economic mix of residents in the Area. • Alternatives: The Council may, in its legislative discretion, decline to make the findings set forth in the attached resolution. • Public Information: This item will be advertised as part of the regular Council agenda process. • Recommendations: Adopt the attached resolution • Attachments: Resolution, Exhibit A (Map and GPIN listing); Site Plan; Rendering; §36-55.30:2 of the Code of Virginia; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Dept. of Housing and Neighborhood PreservationAif City Manager:EL, 1 A RESOLUTION DECLARING THE PROPOSED 2 LOCATION OF TWENTY SEVEN ATLANTIC TO 3 BE A REVITALIZATION AREA IN ORDER TO 4 QUALIFY FOR VIRGINIA HOUSING 5 DEVELOPMENT AUTHORITY FINANCING 6 7 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 8 Council of the City of Virginia Beach, Virginia, desires to designate the area (the "Area") 9 described on Exhibit A attached hereto as a revitalization area; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 1 . The Council makes the following determinations: 15 a. The industrial, commercial or other economic development of the Area will 16 benefit the City but the Area lacks the housing needed to induce 17 manufacturing, industrial, commercial, governmental, educational, 18 entertainment, community development, healthcare or nonprofit 19 enterprises or undertakings to locate or remain in the Area; and 20 b. Private enterprises and investment are not reasonably expected, without 21 assistance, to produce the construction or rehabilitation of decent, safe 22 and sanitary housing and supporting facilities that will meet the needs to 23 low and moderate income persons and families in the Area and will induce 24 other persons and families to live within the Area and thereby create a 25 desirable economic mix of residents in the Area. 26 27 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby 28 designated as a revitalization area. 29 30 3. The Council determines that the undesignated space for office or retail use in the 31 non-housing portion of the building located or to be located in the Area is 32 necessary or appropriate for the commercial or other economic development of 33 the Area. 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: iAArr) Housing and Neighborhood City orney's Office Preservation CA14906/R-2/October 8, 2019 EXHIBIT "A" ---\- , i \ 80ft p T05-24, 2T4 t.H2 ,', A to �, -T \ \ \ ; \ \ —\-..) \\\\ ...dam•'"' __. ___ '- e ' — .._.--------*\ \g ---'*- t 2617-104 4 1, ' 2813 ATLANTIC AVE STE 104 y \ \ * '\ • -- 208 27TH ST 1 ---'"',. Y` .....------7—j" '' \ \ '' 2so}soT ` -- ' ; 2607AT LAN TIC AVE STE 30 6 NAIf 5 \t , 2607 1 :•. o 1 i 1 t E 517 1' 2800 '-Lt .1 03 t ra�° - Y 9 ' � 1 N J : '� ~- 'flry .t • 5 cc CO i ryry •_ o et -31 T.tea" . \ _.. �. 1' ` w Imo. x _ , , 2 J 1 L_ 2 1 ( y ' ' 5j ,-.'.- O C (C co o — i ..''''. •'\,,\.,>..--t, i?, ''\'-.;,:'.,,,c.-'--..Ii f'•--i-i-',,--''':",.-,..:-'''.r. O Y c { in> At m 0! o t s�.„� c ,', u '',.„,.:.,--‘"I' CJ � ., ''4 ! a Lu 0 �. - 3• cn .;-.1: l�gaitawl.. am 1 a auntr ri'-< - i W mg F- 'to U .4--+ C (13 4-, < C a) > Q) LP) >•• 4-) C CD I- / — - ___ ninirlin \ ' 7--r-r-r-r-r7-7------ 1-- ii-r-------- la .7-11wra, ,. .. Ith Ili MI _ t -- imillnaissan 1"1 J-J!-. ig 'Q 'tQ IQ !1;2 Q Q '1;411B '::2 r-,.-- ',' , -- ' — _,; , _ 7- - r. `-, , II Slit 2---EligialE10 lull r-[A'---- --1344--,, i .. , _____t_:___--L-_____' AFE/4111-0:--t 5- if-iii r ---f 44,2__0.__11:-IA. El ' --'02: __..t.. . , ; 1 ,.....:71. , _ / I' l I I ' I . I I I I - - 1 1 1 ' 911111111111111111111111101 'VIEW/ la / 17- FE aii•- fiNftmaistir ° ilmi myr •---* ,," _ , i ,;-__ :. ii / i 1 • !• - - 1: ! ,, 1 . ,, , . ,, \I i ,,, 'i \ II:WI IP'...-ll 4 ti ir, 0 —It I ti I g n, II ___. i, 2 . ‘ 1\ lif11111111■11111111111 I ' 'Immimplommimmitimiatifinseasnumm .r.. 17, 1 yi L-.._ _ I _ _ _. _. , _. _. __ i ap at_ , fii..dedi.,rnibmise.iatisfia.zdaimi itIWNN L - 11 . VI I I I i41 i i I I 1 zr._ • ,. , I ,.._ — 11,71 7 -,... 4:-..... - i 1 L 1 1 1 i i HZ: 4Z. 7 -, I. i '''' '''' ., ' • t . ,. . 6. . I..,44 ,ft: lr V1/ \ir "MI---! :".111-- !÷-1--II-----. 17-11--..; " .117.17111:111V - - - -- - - LI ki_.,, v‘L„ 1 1 ii_z. Ltz., = = = =7 = , !qv / ____._ Page 1 of 2 Code of Virginia Title 36. Housing Chapter 1.2.Virginia Housing Development Authority Act § 36-55.30:2. Housing revitalization areas; economically mixed projects. A. For the sole purpose of empowering the HDA to provide financing in accordance with this chapter,the governing body of any city or county may by resolution designate an area within such city or county as a revitalization area if such governing body shall in such resolution make the following determinations with respect to such area: (i) either(a) the area is blighted, deteriorated, deteriorating or,if not rehabilitated,likely to deteriorate by reason that the buildings, improvements or other facilities in such area are subject to one or more of the following conditions: dilapidation; obsolescence; overcrowding; inadequate ventilation,light or sanitation; excessive land coverage; deleterious land use; or faulty or inadequate design, quality or condition; or(b)the industrial, commercial or other economic development of such area will benefit the city or county but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment,community development, healthcare or nonprofit enterprises or undertakings to locate or remain in such area; and(ii)private enterprise and investment are not reasonably expected,without assistance,to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area.Any redevelopment area, conservation area,or rehabilitation area created or designated by the city or county pursuant to Chapter 1(§ 36-1 et seq.) of this title, any census tract in which 7o percent or more of the families have incomes which are 8o percent or less of the statewide median income as determined by the federal government pursuant to Section 143 of the United States Internal Revenue Code or any successor code provision on the basis of the most recent decennial census for which data are available, and any census tract which is designated by the United States Department of Housing and Urban Development and, for the most recent year for which census data are available on household income in such tract, either in which 50 percent or more of the households have an income which is less than 6o percent of the area median gross income for such year or which has a poverty rate of at least 25 percent shall be deemed to be designated as a revitalization area without adoption of the above described resolution of the city or county. In any revitalization area, the HDA may provide financing for one or more economically mixed projects and, in conjunction therewith, any nonhousing buildings that are incidental to such project or projects or are determined by the governing body of the city or county to be necessary or appropriate for the revitalization of such area or for the industrial, commercial or other economic development thereof. B.The HDA may finance an economically mixed project that is not within a revitalization area if the governing body of the city or county in which such project is or will be located shall by resolution determine (i) either(a)that the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units therein are occupied or held available for occupancy by persons and families who are not of low and moderate income or(b)that the surrounding area of such project is, or is expected https://law.lis.vrginia.gov/vacode/title36/chapter1.2/section36-55.30:2/ 10/4/2019 Page 2 of 2 in the future to be, inhabited predominantly by lower income persons and families and will benefit from an economic mix of residents in such project and(ii) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. C. In any economically mixed project financed under this section, the percentage of units occupied or held available for occupancy by persons and families who are not of low and moderate income, as determined as of the date of their initial occupancy of such units, shall not exceed 8o percent. 1979, c• 374; 1996, cc. 77, 498; 2004, c. 187; 2006, c. 784. https://law.lis.virginia.gov/vacode/title36/chapterl.2/section36-55.30:2/ 10/4/2019 }s � . i APPLICANT'S NAME27th Atlantic,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 andjor use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exce tion for (EDIP) Board of Zoning A eats Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property I 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 Plannino Commission and City Council meetinu that pertains to the application(s) APPLICANT NOTIFIED OF HEARING DATE: CI NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE Wty Virginia Beach I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:27 1/2th Street Garage, LLC If an LLC, list all member's names: 27th Street Holding, LLC-See attached 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 footnotesI and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ffproperty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:Sea Oaks Corporation of Virginia If an LLC, list the member's names: Page 2 of 7 Limited Liability Name: 27TH Street Holding,LLC Managers: A. Russell Kirk Daniel A. Hoffler Bruce B. Smith Members: Daniel A. Hoffler 27th Street Hotel Family Trust dated 6/17/15 Daniel A. Hoffler A. Russell Kirk 27th Street Hotel Family Trust A. Russell Kirk Nero Family RE,LLC Bruce B. Smith Dr. William R. Harvey Divans 27th Street Assoc.,LLC Michael Standing W. Christopher Harvey Eric E. Apperson John C. Davis Hampton University Robert L. Hughes 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 p,, 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) XAccounting and/or preparer of Cherry Bekaert, LLP your tax return XArchitect / Landscape Architect / Kimley Horn &Associates, Beatty Land Planner Harvey Coco Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ I�\I purchaser of the subject property /\I (identify purchaser(s) and purchaser's service providers) XConstruction Contractors Armada Hoffler Construction Company X Engineers / Surveyors/ Agents VHB Financing (include current TowneBank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services R. Edward Bourdon, Jr., Esq. * Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property *Faggert&Frieden, P.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 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 meetjng' of any public body or committee in connection with this Application. ' r 4. R.oss611_ 1�,r . APPLICANT'S S ATURE T NA ME NA E TE Page 5 of 7 ' 1 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Revise the 2019 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute and Submit the Revisions to the U.S. Department of Housing and Urban Development MEETING DATE: October 15, 2019 • Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV Program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to operate according to an Administrative Plan. Annually, Council authorizes the adoption and submittal of this plan in April, and it did so on April 2, 2019. Since that time, staff have identified changes to the plan that will improve efficiency and effectiveness of operations, and therefore propose the adoption of these revisions. • Considerations: Staff recommends the following changes: 1) Inspections Policy: Multiple changes to the inspections policy in Chapter 10 of the plan. The key policy change is to allow more units to be inspected on a biennial basis. This will reduce the burden of inspections on landlords and property managers who consistently maintain their properties in good condition. As proposed, the default inspection schedule will be biennial (every two years). However, biennial inspections will not be authorized for units entering the program, the occurrence of a life safety hazard in the prior year, when repairs were not made in a timely manner, multiple violations, or when overall conditions, in the judgment of the inspector, require annual inspections. 2) Preferences: Allow waiting list priority for applicants eligible for a special HUD program for persons with disabilities. • Public Information: Normal Council agenda process. A copy of the proposed revisions will be available for public inspection at the Office of the City Clerk during the week prior to consideration. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: & Neighborhood Preservation City Manager• 1 AN ORDINANCE TO REVISE THE 2019 HOUSING CHOICE 2 VOUCHER ADMINISTRATIVE PLAN AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 4 REVISIONS TO THE U.S. DEPARTMENT OF HOUSING 5 AND URBAN DEVELOPMENT 6 7 WHEREAS, the City's Department of Housing and Neighborhood Preservation 8 ("DHNP") operates the federally-funded Housing Choice Voucher Program ("HCV 9 Program"), formerly known as the Section 8 Program; 10 11 WHEREAS, in April, the Council authorized the adoption of the 2019 12 Administrative Plan for the HCV Program (the "2019 Administrative Plan"); and 13 14 WHEREAS, the DHNP Staff recommends two revisions to the 2019 Administrative 15 Plan; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. That 2019 Administrative Plan for the Housing Choice Voucher Program is 21 to be revised as follows: 22 a. Inspections Policy, Chapter 10: Allow more units to be inspected on a 23 biennial basis. However, biennial inspections will not be authorized for 24 units entering the program, the occurrence of a life safety hazard in the 25 prior year, when repairs were not made in a timely manner, multiple 26 violations, or when overall conditions, in the judgment of the inspector, 27 require annual inspections. 28 b. Preferences: Allow waiting list priority for applicants eligible for a special 29 HUD program for persons with disabilities. 30 31 2. That the City Manager is hereby authorized to execute and submit the revision 32 to the 2019 Administrative Plan to the U.S. Department of Housing and Urban 33 Development. 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: • Housi & ighborhood Preservation City A r y s Offi CA14900 R-1 October 3, 2019 / ,Huy 11.3 is LLN /2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 2224 London Street (GPIN 2407- 02-6550) to be in excess of the City's needs and authorizing the City Manager to sell the property to Jose J. and Paige Medrano PUBLIC HEARING DATE: October 1, 2019 MEETING DATE: October 15, 2019 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 2224 London Street, containing approximately 15,017 sq. ft. (the "Property") on March 26, 2013 for $187,000. At the time of acquisition, the Property was improved with a residential dwelling that has been demolished. Jose J. and Paige Medrano (the "Medranos"), own the adjacent property at 2232 London Street, which is developed with their residence. The Medranos previously purchased 2228 London Street from the City and incorporated it into their residence. The Medranos propose to purchase the Property for $15,017 ($1/sq. ft.) and resubdivide the two properties into one residential lot at the City's expense. • Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. The Medranos are required to incorporate the Property into their lot as part of the disposition process. The Medranos offer of $1/sq. ft. is in compliance with previous excess City properties sold in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of $630. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and public notice via the normal City Council agenda process. The public hearing was be held on October 1, 2019. • Alternatives: Retain ownership of the Property. • Recommendations: Approval. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $15,017 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth of Virginia's portion in accordance with the grant agreement. • Attachments: Ordinance, Summary of Terms, Disclosure Statement and Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works City Manager: /„ 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 2224 LONDON 3 STREET (GPIN 2407-02-6550) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO JOSE J. AND 7 PAIGE MEDRANO 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 15,017 (+/-) sq. ft. parcel of land located at 2224 London Street (the "Property") 11 more particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a single-family home; 22 23 WHEREAS, Jose J. and Paige Medrano (the "Medranos") own the 24 adjacent property and they have requested to purchase the Property in order to utilize it 25 in a manner compatible with the APZ-1 Ordinance; 26 27 WHEREAS, by ORD-3306A adopted on September 24, 2013, the 28 Medranos purchased 2228 London Street from the City and incorporated it with their 29 current residence; 30 31 WHEREAS, the Medranos desire to purchase the Property to further 32 expand their residential lot in accordance with the Summary of Terms attached hereto 33 as Exhibit "B" and made a part hereof; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Property to be in excess of the City's needs and sell the Property to 37 the Medranos; and 38 39 WHEREAS, the City Council is of the opinion that the property is in excess 40 of the needs of the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the Property is hereby declared to be in excess of the needs of the 46 City of Virginia Beach and that the City Manager is hereby authorized to execute any 47 documents necessary to convey the Property to the Medranos in accordance with the 48 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 49 modifications as may be acceptable to the City Manager and in a form deemed 50 satisfactory by the City Attorney. 51 52 Further, that revenue from the sale of the Property in the amount of 53 $15,017 shall be received, and fifty percent (50%) of this amount shall be deposited for 54 appropriation in future Capital Improvement Program capital budgets in Capital 55 Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and Acquisition 56 II, and fifty percent (50%) shall be deposited for future payment by the City Manager to 57 refund the Commonwealth of Virginia's portion in accordance with the grant agreement. 58 59 This ordinance shall be effective from the date of its adoption. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 62 day of , 2019. CA14647 R-1 5/31/19 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d013\p033\00562179.doc A � I AS O CONTENT AP ROVED AS TO CONTENT /P r1+)` "u•lic:Works Bud et & Management Services APPRb /ED AS TO LEGAL SUFFICIENCY Ci y rney' Office EXHIBIT "A" GPIN 2407-02-6550 (2224 London Street) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "LOT 37", as shown on the plat entitled: "REVISED PLAT OF GATEWOOD PARK", 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 25, at page 87, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Tracy Acela, formerly Tracy A. Clark, dated March 25, 2013, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20130326000344900. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 2224 LONDON STREET SELLER: City of Virginia Beach BUYERS: Jose J. Medrano and Paige Medrano PROPERTY: Approximately 15,017 square feet of property generally known as 2224 London Street (GPIN: 2407-02-6550) LEGAL DESCRIPTION: See Exhibit "A" to Ordinance SALE PRICE: $15,017 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. —I 'crp •1\- ----1: .--i. ••.t-,... j----,..-...„, , ...7.--,-.,... • -._,- -Z SLUDGERD : ' ' . .- •-- - a) Ltiej ILL 0 LI_ 0 • .. .-•,-**-77. 7,1 -VII 4 1 • ,,,,,,.4.,: ,.::......t„-„,..1,-..:. ,„ ; ' 21 0 II-1 Z • 0 ci. 0 r•- • .- --:_• _---.- % - - 4 < cc < 2 c..1 — t .. . u / t n ‘...,_„, z .. ....1 f_ < •1 cl- in ,,,,,,, . . _ .,_,, :_, . ,_ :" -;"---..-,,,,,,,.._„-• .. 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' . . _ . . :.,,„. ,.:• ii- . i ........--- .. . _. . ,,.:.......... 1 "..,. . , . .... ........„,„__ _.. , -----:- c ..7 \ \ ------------ , --_, _ ti, t' cz) co a,p tx) pf) a5 g) o 9 . _.c,,,,,,, • _:..,.,,,,..,. . *- ti'. -'----17.7' '4-'''5'' .--------• , o o >, ' _. __----------- 1 ___---- - c cq cs, o • rs --.— ° illiD.- • .`:.'sj _ - I : :" INB Peuo € ad APPLICANT'S NAME Jose- rnectPcfrio DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exce tion 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 4 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 Vir• ginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Panning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: ViLe REVISIONS SUBMITTED DATE: / I/ � wr Virginia Beach Check here if the APPLICANT /S NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: i ht f rlit*A461,10 If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifpropem_ owner is dijjerent 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 5 041/3 Virgin la 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) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation° See State and Local Government Conflict of interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest In the other business entity, (II) a controlling owner In one entity 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 entitles." 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 Prorert,. 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 5 Virginia Beach YES NO 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) ❑ la / Construction Contractors ❑ orEngineers/Surveyors/Agents Financing(include current n antic rYbY�J� s . ❑ mortgage holders and lenders12( Jt selected or being considered to V11-C(11%,ick d\VCL provide financing for acquisition 00 ❑ or construction of the property) Legal Services I {.taw s-j Sees Real Estate Brokers / �" ❑ ❑' Agents/Realtors for current and anticipated future sales of the subject ro ert • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO / Does an official or employee of the City of Virginia Beach have j ❑ an interest in the subject land or any proposed development I LLL���111 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 5 Vagina Beads CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form is complete,true, and accurate. Iunderstand 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. -tr___ j aksz_ ci,t I Alt < L 7 i 1.4 PSG E , /I?Ei�RRtiva 2/7 SIGNATURE PRINT NAME DATE PROPERTY OWNERS SIGNATURE I PRINT NAME GATE P Page 5 of S ff ) [ ,--,',641-".‘'44-, .41 wY� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing Temporary Encroachments into Portions of City Rights-of-Way Known as Commerce Street, Central Park Avenue, Columbus Street and Market Street, by Town Center Associates, 9, L.L.C., Zeiders American Dream Theater and the City of Virginia Beach Development Authority MEETING DATE: October 15, 2019 • Background: Town Center Associates 9, L.L.C., a Virginia limited liability company, Zeiders American Dream Theater, a Virginia corporation, and the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (collectively, the "Owners") own property located at Town Center, known as Block 9 (GPIN: 1477-54-1429) (the "Property"). The Property was developed as set forth in the Phase VI Development Agreement dated July 14, 2016, which was approved by City Council on May 17, 2016 (Ordinance ORD- 3452P). The plans for the development on the Property were reviewed and approved by City staff. The Owners have submitted an application for temporary encroachments into the City's rights-of-way known as Commerce Street (north of the Property), Central Park Avenue (east of the Property), Columbus Street (south of the Property) and Market Street (west of the Property), consisting of existing multiple architectural facings and soffits, and concrete slabs with steel tube structures, aluminum railings and glass infills, as shown on Exhibits A-1, A-2, B-1, B-2, C-1 through C-4, and D-1 through D-6 attached to the Ordinance (the "Encroachments"). As with the previous phases of Town Center, to maximize developable area and promote integrated vertical development at Town Center, the Property was developed on zero lot lines. Accordingly, and as with all other phases of Town Center, the Encroachments extend into the rights-of-way. Given their elevations, none of the Encroachments impact the public's ability to utilize the rights-of-way. Until construction is complete, the exact location of the Encroachments cannot be determined. Therefore, it has been the practice of the developer and the City to bring the encroachments for approval once construction is complete and as-built plans have been finalized. • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the three encroachment agreements (collectively, the "Agreements") between the Owners and the City of Virginia Beach (the "City"). The Encroachments are consistent with those shown on the conceptual drawings presented as a part of the approval of this phase of Town Center and the other encroachments currently existing in Town Center. As with all encroachment agreements approved by the City, the Agreements would provide that the Owners must comply with all State and City specifications and approvals. Furthermore, the Owners would indemnify and hold the City harmless from and against all claims, damages, losses and expenses, arising out of the construction, location or existence of the Encroachments. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreements. • Attachments: Ordinance, Exhibits, Agreements (3), Location Map, Disclosure Statement Forms Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: 714L., 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY 3 RIGHTS-OF-WAY KNOWN AS COMMERCE STREET, 4 CENTRAL PARK AVENUE, COLUMBUS STREET AND 5 MARKET STREET, BY TOWN CENTER ASSOCIATES 6 9, L.L.C., ZEIDERS AMERICAN DREAM THEATER 7 AND THE CITY OF VIRGINIA BEACH DEVELOPMENT 8 AUTHORITY 9 10 WHEREAS, Town Center Associates 9, L.L.C., a Virginia limited liability company, 11 Zeiders American Dream Theater, a Virginia corporation, and the City of Virginia Beach 12 Development Authority, a political subdivision of the Commonwealth of Virginia 13 (collectively, the "Owners") own property located at Town Center, known as Block 9 14 (GPIN: 1477-54-1429) (the "Property"); 15 16 WHEREAS, The Owners have submitted an application for temporary 17 encroachments into the City's rights-of-way known as Commerce Street (north of the 18 Property), Central Park Avenue (east of the Property), Columbus Street (south of the 19 Property) and Market Street (west of the Property), consisting of existing multiple 20 architectural facings and soffits, and concrete slabs with steel tube structures, aluminum 21 railings and glass infills, as shown on Exhibits A-1, A-2, B-1, B-2, C-1 through C-4, and 22 D-1 through D-6 attached to the Ordinance (the "Encroachments"); and 23 24 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 25 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 26 City's property subject to such terms and conditions as Council may prescribe. 27 28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That pursuant to the authority and to the extent thereof contained in 32 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are 33 authorized to construct and maintain the Encroachments into the City's rights-of-way, as 34 shown on Exhibits A-1, A-2, B-1, B-2, C-1 through C-4, and D-1 through D-6, attached 35 hereto and made a part hereof. 36 37 2. That the Encroachments are expressly subject to those terms, conditions 38 and criteria contained in those three certain encroachment agreements between the 39 City of Virginia Beach and the Owners (the "Agreements"). 40 41 3. That the City Manager or his authorized designee is hereby authorized to 42 execute the Agreements, and such other terms, conditions and modifications as may be 43 acceptable to the City Manager and in a form deemed satisfactory by the City. 44 45 4. That this Ordinance shall not be in effect until such time as the Owners 46 and the City Manager or his authorized designee execute the Agreements. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 201. APPROVED AS TO CONTENT APPROVED AS TO-� L SUFFICIENCYAND FO Publi rks / Real Estate City Attorney CA1 53 \\vbgov.com\dfsi\applications\citylaw\cycom32\wpdocs\do2o\po32\o0592o34.doc R-1 September 20, 2019 COMMERCE ST. Li 81'PUBLIC R/W z INST.#200402060023049 W 2'-0" ENC. 3'-4" o / 100' 4" PLAZA PATIO OVERHANG ENC N ..1 ...�, .... ---.... r,�s.. - .e W _N F�� y °' FACE OF BUILDING/ 1 W COMMERCE ST. RIGHT OF WAY /4L'' % > 3'-5"ENC.I CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Li U PLAZA UNIT,TOWN CENTER CONDOMINIUM 9 Iat- TOWN CENTER BLOCK 9 of w z GPIN: 1477-54-1429-4000 N N U a W N cc w NOTE: DRAWING IS DIAGRAMMATIC IN i- NATURE AND IS NOT z TO SCALE. VIRGINIA STATE PLANE COORDINATE SYSTEM o SOUTH ZONE-NAD83/93(HAHN) 0 GENERAL NOTES 1. COORDINATE VALUES EXPRESSED IN US SURVEY FEET. cm ` FACE OF BUILDING/ MARKET ST. THE PROPERTY LINES AND EXISTING N RIGHT OF WAY CONDITIONS SHOWN ON THIS PLAN ARE CA c BASED UPON ORIGINAL ARCHITECTURAL HI o DRAWINGS AND ACTUAL FIELD SURVEYS oc v PERFORMED BY VHB, INC IN OCTOBER 2012 U o AND SUPPLEMENTED IN MAY 2014. 0 ZEIDER'S AMERICAN DREAM THEATER .< nH THEATER UNIT,TOWN CENTER r CONDOMINIUM 9 THIS EXHIBIT IS INTENDED FOR AN cODo Z TOWN CENTER BLOCK 9 ENCROACHMENT REQUEST ONLY. GPIN: 1477-54-1429-3000 LEGEND • PROPERTY PIVOT POINT 1 2ND LEVEL PLAN t_. AREA OF ENCROACHMENT EX A-1 SCALE: NTS `l OVERHANGING AREA NOT ENCROACHING co;ewer& EXHIBIT EX : A- 1 9 4.00-TH OF A COMpaK PC. PROJECT NAME: BLOCK 9 THEATER AND PLAZA vd' Ill y‘ SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE • .7 ER,JR. COMMERCE ST.AND MARKET ST. ill.r. 960 PROJECT NUMBER: 21619.02 DATE: 03.04.19 % A R c II I T E c T I: R E BY: CMD CHK'D: JDL SCALE: NTS SHEET: 1 OF: 14 2533 VIRGINIA BEACH BOULEVARD AL CH•T I6iw.GS VIRGINIA BEACH VIRGINIA•23952-7635 V.r.757A31.0033•F.•..1c757d63-0350 DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 wRw.co•Hiewetcom•D�n uexrmm I GENERAL NOTES '-5" ENC , COORDINATE VALUES EXPRESSED IN US TOP OF ROOF ENC. 1 SURVEY FEET. — - - - - EL.=+74.8' THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE0 I w 0 BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS Z Q PERFORMED BY VHB,INC IN OCTOBER 2012 'I U i AND SUPPLEMENTED IN MAY 2014. lI �> W0 THE VERTICAL CONTROL ON THESE ~ ELEVATIONS ARE BASED ON THE NORTH W U AMERICAN VERTICAL DATUM OF 1988(NAVD - I-U- 1 88)AND ARE REFERENCED TO CITY OF Z 1 I VIRGINIA BEACH SURVEY CONTROL DISK AT LU STATION 4740 1750. r gi THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. GUARDRAIL ENC. - 1 z PATIO PLAZA PATIO —. -W�, OVERHANG ENC. , \ OVERHANG ENC. tioTOP OF PATIO —12-r— EL.=+32.7' 2'-0" d -0" U ENC1 w � Iz 2'EN i Z I N 0 I 01 T 0 IQin N r o ' Q m ' Ow u of O 1E-M r 0 I—Y 0 IO0 V �¢ � TOP OFS.O_G. 1 SIDEWALK EL.=+12.7'(REF.) I SIDEWALK I NOTE:DRAWING IS DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. 1 SECTION -COMMERCE ST. 2 2ND LEVEL SECTION -MARKET ST. EX A-2 SCALE: NTS EX A-2 SCALE: NTS 2ND LEVEL 2ND LEVEL Cox,Kliewer& o�,�,, P�`°F AI EXHIBIT EX . A 2 i� COli TWIN;PC., PROJECT NAME: BLOCK 9 THEATER AND PLAZA .., ��'1�� SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE . .Ir9�ER,JR. COMMERCE ST.AND MARKET ST. ill,. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 I e I. D I T F c T I e F BY: CMD CHK'D: JDL SCALE: NTS SHEET: 2 OF: 14 2533 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH.VIRGINIA•23452.7635 �RCHIT�C� Voice757-431-0t133•Facsimile 757-463-OW DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19 r�r wonovilieweteum•led mister tuxlliewetmm • NOTE:DRAWING IS DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. El-) ZEIDER'S AMERICAN DREAM VIRGINIA STATE PLANE COORDINATE SYSTEM THEATER SOUTH ZONE-NAD83/93 (HARN) A THEATER UNIT,TOWN CENTER CONDOMINIUM 9 GENERAL NOTES TOWN CENTER BLOCK 9 a, GPIN: 1477-54-1429-3000 COORDINATE VALUES EXPRESSED IN US E— N SURVEY FEET. \' FACE OF BUILDING/ THE PROPERTY LINES AND EXISTING F"s N [, MARKET ST. CONDITIONS SHOWN ON THIS PLAN ARE D[ 0 N RIGHT OF WAY U o a; BASED UPON ORIGINAL ARCHITECTURAL -, N N CITY OF VIRGINIA BEACH DRAWINGS AND ACTUAL FIELD SURVEYS o a DEVELOPMENT AUTHORITY PERFORMED BY VHB, INC IN OCTOBER 2012 co . PLAZA UNIT,TOWN CENTER AND SUPPLEMENTED IN MAY 2014. co _z in 9 N TOWN CENTER BLOCK 9 THIS EXHIBIT IS INTENDED FOR AN Z�1 o GPIN: 1477-54-1429-4000 ENCROACHMENT REQUEST ONLY. z °' FACE OF BUILDING/ 00 \ COLUMBUS ST. k�—\*— . A RIGHT OF WAY r PLAZA OVERHANG f ENCROACHMENT THEATER ARCH. __. \ / FACING ENC. \. • i ,, 0 � . S89°35'56"W190.63' t' w 23'-1 1/2" " 26'-1" 17'-6"ENC. U N CV w 2'-3 1/2"ENC. t` 0 COLUMBUS ST. t > VARIABLE WIDTH PUBLIC RAN INST.#200212303086483 LEGEND • PROPERTY PIVOT POINT 1 2ND LEVEL PLAN L AREA OF ENCROACHMENT EX B-1 SCALE: NTS OVERHANGING AREA NOT ENCROACHING Cox,Kliewer& EXHIBIT EX : B-i 4'otip-T" Op ~41114 Company. PC. PROJECT NAME: BLOCK 9 THEATER AND PLAZA e .49.;;1 SKETCH DESCRIPTION: ENCROACHMENTS OVER _ LAWRE / .11.ER,JR.t MARKET ST.AND COLUMBUS ST. i+ . 960 • 0 PROJECT NUMBER: 21619.02 DATE: 03.07.19 A R C R 1 1 T t; T o n s BY: CMD CHK'D: JDL SCALE: NTS SHEET: 3 OF: 14 2533 VIRGINIA BEACH ULEARD VIRGINIA BEACH,,VIRGINIA B02k52v 7635 RRC H I T n- Voice757-431.0033•Facamile757-463-0380 DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19 wxv.coxkliewercom•p�tmase loxkliewercm, GENERAL NOTES TOP OF ROOF ENC. COORDINATE VALUES EXPRESSED IN US EL.=+64.9' SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE O BASED UPON ORIGINAL ARCHITECTURAL Z DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 _z I AND SUPPLEMENTED IN MAY 2014. U `r THE VERTICAL CONTROL ON THESE u. J ELEVATIONS ARE BASED ON THE NORTH ci Q AMERICAN VERTICAL DATUM OF 1988(NAVD Z I CC 88)AND ARE REFERENCED TO CITY OF W I- I VIRGINIA BEACH SURVEY CONTROL DISK AT M W STATION 4740 1750. fV I- M I THIS EXHIBIT IS INTENDED FOR AN Q ENCROACHMENT REQUEST ONLY. cc 1 GUARDRAIL ENC. w / T __ UI I I i zI w ' PLAZA PATIO io i / OVERHANG ENC. _ , TOP OF PATIO w F ESL.=+32.7' 2'-3 1/2"_,1 I Z ' 2'_0 ENC. I w rEN. I LD Z Z., N Q - 1 Z _i 0'1- ) ^m Qn u_� cn CD l. �� co,Y p io pm 0Q U = O t� ��Iu. 0O ', < >` _ J, TOP OF S.O.G. '+ EELL`.`=-+12.7'(REF.) SIDEWALK I NOTE:DRAWING IS DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. 1 2ND LEVEL SECTION — MARKET ST. 2 2ND LEVEL SECTION —COLUMBUS ST. EX B-2 SCALE: NTS EX B-2 SCALE: NTS 2ND LEVEL 2ND LEVEL Cox,Kliewer& EXHIBIT EX : B-2 r ��P�TF1 O4 A� o� Conn ally.P(.. PROJECT NAME: BLOCK 9 THEATER AND PLAZA c`r 14�� y1 SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE I ` ER,JR. MARKET ST. AND COLUMBUS ST. ifi1'• 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 A RCNITECIPRE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 4 OF: 14 2533 VIRGINIA BEACH BOULEVARD VIRGBVIA BEACH.VIRGA]A•23452-7G35 9RcHIT6C-C Voice157-031.VO33•Facsimile 757a63-C3&I DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 wws.rxiekliewerum•pnguuWegvx{.liereccam COMMERCE ST. 81'PUBLIC R/W INST.#200402060023049 39'-0 1/2" ENC. , ENC. 3'-2" /1 T-11" ENC. 21'-1 1/2"ENC 0'-11 1/2,"1 T-6" ENC. , ( z \ co w—"f/ 7,--,--,„,, T hNi 1 N 89°36'00" E 200.26' 1 N 1 t N I i rd i .Z (5 vZ NW W Zow #1�, #2 ' #3 1 - \ — FACE OF BUILDING/I ( °' COMMERCE ST. , #4 ' N NOTE:DRAWING IS ,l RIGHT OF WAY lj/ ' W ^DIAGRAMMATIC IN APARTMENTS _ ° NATURE AND IS NOT ARCHITECTURAL \ #, TO SCALE. FACING ENC. #5 1 Q' c„) 00 i Co N °0 co. eM O FACE OF BUILDING/ N (.5 a cc N CENTRAL PARK AVE. w a r L� U o RIGHT OF WAY ',� ; LL J O EL Ln N VIRGINIA STATE PLANE TOWN CENTER r-Lo S 0 a COORDINATE SYSTEM ASSOCIATES 9, L.L.C. ccv skJ Z m z APARTMENTS UNIT,TOWN SOUTH ZONE—NAD83/93(HARN) O o °P 4-1 CENTER CONDOMINIUM 9 m, o GENERAL NOTES TOWN CENTER BLOCK 9 s ti GPIN: 1477-54-1429-2000 COORDINATE VALUES EXPRESSED IN US 4 SURVEY FEET. ' THE PROPERTY LINES AND EXISTING ,'' `i CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS i 1'-6"ENC. PERFORMED BY VHB, INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. LEGEND THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. • PROPERTY PIVOT POINT 2 3RD-10TH LEVEL PLAN El AREA OF ENCROACHMENT EX C-1 SCALE: NTS `\N OVERHANGING AREA NOT ENCROACHING Cox,Khewer& EXHIBIT EX : C-i P yIN OF ~i 0,- Company.P.C . PROJECT NAME: BLOCK 9 APARTMENTS U .,�' y` • SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE a � r ER,JR. COMMERCE ST. AND CENTRAL PARK AVE—FACING of. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 A TCHITECTURE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 5 OF: 14 J 2533 VIRGINIA BEACH BOULEVARD •1RCHIT6C' VIRGINIA BEACH,VIRGINIA•23452-7635 Voice757-431433•Fxsirmlc757 163-0360 DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 • www.coxkliexvam•postmaderattak ininco, TOP OF FACING �p TOP OF FACING \ Y EL.=+140.0' Y EL.=+143.0' Q GENERAL NOTES Q ''u D. i COORDINATE VALUES EXPRESSED IN US SURVEY FEET. r:, '0,- w� ++ w THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ¢ W QI-t =Lj ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL j x _HC w Z U DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY ¢¢ V Z U LL ',Cuj W VHB,INC IN OCTOBER 2012AND SUPPLEMENTED IN MAY 3a Ix W Z OW ¢C7' - tU 2014. O Q ¢� ►-2 UoZ . I--ir, coZ zt =2 •H— _ g O; Z Q cp THE VERTICAL CONTROL ON THESE ELEVATIONS ARE -=w Z Q rn cc O �- BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 ¢v' LA LL cr (NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA cc. . d BEACH SURVEY CONTROL DISK AT STATION 4740 1750. a Q THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT t REQUEST ONLY. t' _ p BOTTOM OF FACING_ _ — ,I Y EL.=+49.7' z 13'-4 1/.�2" z ENC. /. O o I ENC. a 5 D m i m L.L. Q 0 W U W U LL cc I I I C I o I I, co co I NOTE: DRAWING IS I DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. I TOP OF S.O.G. _ _ I \ — SIDEWALK EL.=+12.7'(REF.) I SIDEWALK 1 SECTION -COMMERCE ST. 2 SECTION -COMMERCE ST. EX C-2 SCALE: NTS EX C-2 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL Cox,K}iewer& EXHIBIT EX : C-2 ',PLTH °F 04111 ` ^ o� Company,,PC. PROJECT NAME: BLOCK 9 APARTMENTS .41 y • Y SKETCH DESCRIPTION: ENCROACHMENTS OVER _ LAWRE • .I r-ER,JR. COMMERCE ST.—FACING if. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 A E c A i T E c T u R E BY: CMD CHK'D: JDL SCALE: NTS SHEET: 6 OF: 14 2533 VIRGINIA BEACH ULEVARD VIRGINIA BEACH,VIRCINN��13452-7635 -1RCI-[ITBC't Voice757-431-IKG33•Fac imik757-463-03W DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 ww.mcNiexsarn•µeImaAz uklieweeeom TOP OF FACING ESL.=+140.0' .J = GENERAL NOTES -J ' < cc 'i -' COORDINATE VALUES EXPRESSED IN US SURVEY FEET. D E- w I- W THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN a f W# y t= ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL >- H <w U Zz- U 1 DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY ¢a =Z U U a¢ cc W Iw ! VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 3 d CC W 1-m coZ 2014. FOB aZ t _6- �_ c9 O Z< co THE VERTICAL CONTROL ON THESE ELEVATIONS ARE c7 w ''-Z Q rn 1101 L1.1 U.. BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 °C U t W U. , (NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA cc < = BEACH SURVEY CONTROL DISK AT STATION 4740 1750. I < a. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT (. -"�;, REQUEST ONLY. _ b BOTTOM OF FACING 3'-7" EL.=+49.7' 2'-6" c� ENC. ENC. z I z I 0 5 I o m m m 0 0 0 W W o C.) LL u. I o I 9 F- I-- C') C`) I I NOTE: DRAWING IS I DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. _ b TOP OF S.O.G. SIDEWALK Y EL.=+12.7' (REF.) I SIDEWALK 1 SECTION -COMMERCE ST. 2 SECTION -CENTRAL PARK AVE. EX C-3 SCALE: NTS EX C-3 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL COX,Kliewer& EXHIBIT EX : C-3 o , LT" op ,1 .,..„. Company- I, 1.��. PROJECT NAME: BLOCK 9 APARTMENTSas A 9 SKETCH DESCRIPTION: ENCROACHMENTS OVER C./ I re COMMERCE ST.AND CENTRAL PARK AVE—FACING ) LAWRE a ER,JR. / jk 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 R c I1 1 I e e 1 t' R e BY: CMD CHK'D: JDL SCALE: NTS SHEET: 7 OF: 14 2533 VIRGINIA BEACH BOULEVARD I, el i VIRGINIA REACH,VIRGINIA•2.3452.7635 AR CHSIT Voice757-431-0033•Facainule757-463 380 DRAWING FILE NAME:21619 01_Encroachment_Plans PRINT DATE:3/13/19 n,.w,Hieweicam•poAma9el@eorklierecmn f'-6" ENC. TOP OF FACING EL.=+139.0' o CU (V W • U a W Y NOTE:DRAWING IS acc „_ DIAGRAMMATIC IN LLJ NATURE AND IS NOT oa O w TO SCALE. I--- c cc U co LLI cc a o V BOTTOM OF FACING N LU EL +49 7' - - - - 1'-6" GENERAL NOTES ENC. z I COORDINATE VALUES EXPRESSED IN US SURVEY FEET. 5 m THE PROPERTY LINES AND EXISTING CONDITIONS p SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 LL AND SUPPLEMENTED IN MAY 2014. I O n THE VERTICAL CONTROL ON THESE ELEVATIONS ARE co BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. TOP OF S.O.G. EL.=+12.7'(REF.) I SIDEWALK 2 SECTION -CENTRAL PARK AVE. EX C-4 SCALE: NTS 3RD-10TH LEVEL COX,Kllewer(X EXHIBIT EX . c..4 0447' TH OF 4j Company:P(,. PROJECT NAME: BLOCK 9 APARTMENTS SKETCH DESCRIPTION: ENCROACHMENTS OVER ' ' t LAWRE • T ER,1R. CENTRAL PARK AVE-SOFFIT j. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 1 B L H I r F c t U o e BY: CMD CHK'D: JDL SCALE: NTS SHEET: 8 OF: 14 2533 VIRGINIA BEACH BOULEVARD VIRGINIA BEAM VIRGINIA•23/52.7135 9h'CHITEC� Voice757-431-0033•bunk757d(3A3Bi DRAWING FILE NAME: 21619_O1_EncroachmenLPloos PRINT DATE:3/13/19 �w rcww.cockBenerrnm•posimeaa%'co klwracom Co cV NOTE:DRAWING IS w DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. c ) 2,�„ . N `1 TOWN CENTER FACE OF BUILDING/ A ASSOCIATES 9, L.L.C. CENTRAL PARK AVE. 0 APARTMENTS UNIT,TOWN RIGHT OF WAY CENTER CONDOMINIUM 9rt / ENC• M TOWN CENTER BLOCK 9 APARTMENTS PATIO GPI: 1477-54-1429-2000 OVERHANG ENC. 023 . W N TOWN CENTER ASSOCIATES 9, L.L.C. ' o a U o RETAIL UNIT,TOWN CENTER CONDOMINIUM 9 `)I I"4 TOWN CENTER BLOCK 9 °D GP IN: 1477-54-1429-1000 r , a F- FACE OF BUILDING/ 00 W COLUMBUS ST. T ZJ RIGHT OF WAY N,' S 89°35'56"W 190.63' Mr\ �/"1, t 1.-',.........;,...,--.u",.�t r�►y::�.. %i ►Cvz a: �' i_ `'71' 10"APTS./RETAIL LCE PATIO OVERHANG ENC. U z "`J,(6",-I CV W COLUMBUS ST. N VARIABLE WIDTH PUBLIC RMW GENERAL NOTES INST.#200212303086483 — COORDINATE VALUES EXPRESSED IN US SURVEY FEET. 5 THE PROPERTY LINES AND EXISTING CONDITIONS VIRGINIA STATE PLANE SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL COORDINATE SYSTEM ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SOUTH ZONE-NAD83/93(HARN) SURVEYS PERFORMED BY VHB, INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. LEGEND THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT • PROPERTY PIVOT POINT REQUEST ONLY. 1 2ND LEVEL PLAN F.~-, AREA OF ENCROACHMENT EX D-1 SCALE: NTS `\ OVERHANGING AREA NOT ENCROACHING Cox,Kliewer& EXHIBIT EX : D-1 �° '1' ' "i CC)m ally.P.C. PROJECT NAME: BLOCK 9_APTS./RETAIL LCE&APTS. . 4lic SKETCH DESCRIPTION: ENCROACHMENTS OVER _ LAWRE • A. I ER,JR. ; COLUMBUS ST. AND CENTRAL PARK AVE. 1 10 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 ARCHITECTURE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 9 OF: 14 2533 VIRGINIA BEACH BOULEVARD �RCHIT C't VIRGINIA BEACH,VIRGINIA•23452-7635 Voicc757431-0033•Fi1c757-46303RO DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 wvw.emkbewceean•Netnmte*amklkmecmm GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. GUARDRAIL ENC. GUARDRAIL ENC. I z1' APARTMENTS I w APARTMENTS/ 1 ! w PATIO OVERHANG l I io RETAIL LCE PATIO ENC. I M OVERHANG ENC. 12'-0" Z 2'-0" Z EN w ENC w CV (V 0 w ,r 0 1'7- p I a N r NOTE: DRAWING IS a > - N -;- --1 >-- DIAGRAMMATIC IN 5 a a NATURE AND IS NOT Li_ v CO� ao TO SCALE. m p m E0 0 O a 0 I-j 0W Q ECo IL EC o LL _ TOP OF S.O.G. I SIDEWALK EL.=+12.7'(REF.) I SIDEWALK 1 SECTION -CENTRAL PARK AVE 2 SECTION -COLUMBUS ST. EX D-2 SCALE: NTS EX D-2 SCALE: NTS 2ND LEVEL 2ND LEVEL Cox,Kliewer& EXHIBIT EX : D-2 s °F Ai Company pc. PROJECT NAME: BLOCK 9 APTS./RETAILLCE&APTS. +Ilfr y SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE ER,JR. + COLUMBUS ST. AND CENTRAL PARK AVE. Iv. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 A RCHITL C T ➢ R I. BY: CMD CHK'D: JDL SCALE: NTS SHEET: 100F: 14 2533 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH,VIRCLNIA•23452.7635 4RC HITEC'S Voice757-43I-0033•Fecsi'nile7574630380 DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19 www.mklienecuxn• �stc•kkoxkliew-.corn GENERAL NOTES 1'-6" ENC. COORDINATE VALUES EXPRESSED IN US SURVEY FEET --•• APARTMENTS U THE PROPERTY LINES AND EXISTING CONDITIONS ARCH. FACING ENC. rn w SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL #1 ice_ Zo ARCHITECTURAL DRAWINGS AND ACTUAL FIELD FACE OF BUILDING/ ; { _- SURVEYS PERFORMED BY VHB, INC IN OCTOBER 2012 CENTRAL PARK AVE. 1 i z RIGHT OF WAY I ► caj AND SUPPLEMENTED IN MAY 2014. w , w THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT ' • N Q cl REQUEST ONLY. y TOWN CENTER / r coo ASSOCIATES 9, L.L.C. NOTE: DRAWING IS 0"- cm < 2 APARTMENTS UNIT,TOWN DIAGRAMMATIC IN ENC. N a cc N CENTER CONDOMINIUM 9 NATURE AND IS NOT a ►- 0 o TO SCALE. TOWN CENTER BLOCK 9 w. m GPIN: 1477-54-1429-2000 #2 o Z m Z APARTMENTS FACE OF BUILDING/ '' ARCHR T. FAECINNTG N W COLUMBUS ST. ENCROACHMENT o RIGHT OF WAY #3 #4 \#5 U • mw / 1 S 890 35'56"W 190:63' 1......-----, ``� H. U 19'-1 1/2" ENC 9'-11 3/4" ENC 11'-0" 19'-11 1/2" ENCI -'w z / ! / _ in w 39'-1 1/4" TOTAL ENC. N / 0 COLUMBUS ST. VARIABLE WIDTH PUBLIC RAN INST.#200212303086483 VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE-NAD83/93 (HARN) LEGEND r • PROPERTY PIVOT POINT 1 3RD -10TH LEVEL PLAN [- AREA OF ENCROACHMENT EX D-3 SCALE: NTS '_y OVERHANGING AREA NOT ENCROACHING Al Cox,Kliewer& EXHIBIT EX : D-3 ,,� 4,5 Company}.C. PROJECT NAME: BLOCK 9 APARTMENTS iv I1 SKETCH DESCRIPTION: ENCROACHMENTS OVER V,WRE 9 7wER,JR. t COLUMBUS STAND CENTRAL PARK AVE.-FACING 11,,. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 10 A R 6 H I T E C I D R F BY: CMD CHK'D: JDL SCALE: NTS SHEET: 11 OF: 14 2533 VIRGINIA BEACH BOULEVARD .14'Cjj1TE° VIRGINIA BEACH,VIRGINIA•23452.7C35 V6cc757'431.1033•Fanm,ilc757-t63-0380 DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 wwwcoxkbtwcmm•poshna.9erewcoxkliewv mm 1 4 TOP OF FACING 4, TOP OF FACING _ EL.=+139.0' -f. EL.=+140.0' ` , _1cl -J Q • CC uii F- W H > -. Ur >1 U I ( w* I <1 w . }OYC' • h`- >- E- o UZ Z 3a UZ Z oa ¢LU w NOTE: DRAWING IS oa. tC w _ �Z DIAGRAMMATIC IN ~c` < : CDEI I-0 NATURE AND IS NOT cD 1-5 8 ¢� z<- TO SCALE. rc c.) w< a 0 I , BOTTOM OF FACING 1'-6° iir—EL.=+49.7' ENC. GENERAL NOTES y ENC. Co co z I COORDINATE VALUES EXPRESSED IN US Z _, I SURVEY FEET. CO U THE PROPERTY LINES AND EXISTING 0Cu. O CONDITIONS SHOWN ON THIS PLAN ARE O 0 BASED UPON ORIGINAL ARCHITECTURAL a LL I DRAWINGS AND ACTUAL FIELD SURVEYS LL b PERFORMED BY VHB,INC IN OCTOBER p j� 2012 AND SUPPLEMENTED IN MAY 2014. (.6 Cy) THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)AND ARE REFERENCED TO I CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. I _ TOP OF S.O.G. SIDEWALK ` ' EL.=+12.7'(REF.) SIDEWALK 1 SECTION —CENTRAL PARK AVE. 2 SECTION—CENTRAL PARK AVE. EX D-4 SCALE: NTS EX D-4 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL Cox,Kliewer& EXHIBIT EX : D-4 �0,-- °F „.4111 Company I'CA• PROJECT NAME: BLOCK 9 APARTMENTS c i.01005; SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE a ER,JR. CENTRAL PARK AVE.—FACING ill,. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 _ AR CHITELTLRE BY: CMD CHK'D: JDL SCALE; NTS SHEET: 120F: 14 2533 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH,VIRGINIA•23452-7635 '41RCHITCC Voice757431-0D33•Facsimile757.463-a38o DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 www.eoxkhewescvm•prstmasia4r6LLItemccom GUARDRAIL ENC. i -\ TOP OF FACING I i -- EL.=+132.8' I U CC iQ LLI J cc CI a).1(4) ch ICui} U'st U z cj NOTE: DRAWING IS �a.rt co 0 z oD aU Z DIAGRAMMATIC IN LLJ CrW u�z oli NATURE AND IS NOT 1-fr <Z.. 0J 1-0 I` TO SCALE. t5zI — O( zQ £ w < 0. [c U W LL. ^ 2 c�1 Lt1 u. I 1 cc ct Q 1 BOTTOM OF FACING t ! EL.=+49.7' ENC. GENERAL NOTES O Et NC. z COORDINATE VALUES EXPRESSED IN US z I of I SURVEY FEET. o5 I co THE PROPERTY LINES AND EXISTING co u.0 CONDITIONS SHOWN ON THIS PLAN ARE 0 v BASED UPON ORIGINAL ARCHITECTURAL ow < DRAWINGS AND ACTUAL FIELD SURVEYS LL o PERFORMED BY VHB,INC IN OCTOBER o n 2012 AND SUPPLEMENTED IN MAY 2014. r. I 1 ch co THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 1 (NAVD 88)AND ARE REFERENCED TO CITY I OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. TOP OF S.O.G. i SIDEWALK EL.=+12.7'(REF.) I SIDEWALK 1 SECTION —COLUMBUS ST. 2 SECTION —COLUMBUS ST. EX D-5 SCALE: NTS EX D-5 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL Cox,Khmer& EXHIBIT EX : D-5 ny , Th OF �� Company;pc. PROJECT NAME: BLOCK 9 APARTMENTS �`� SKETCH DESCRIPTION: ENCROACHMENTS OVER U I ,a COLUMBUS ST.—FACING LAWRE • ER,JR. �r ! 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 ARC }, I r I C I Uri' BY: CMD CHK'D: JDL SCALE: NTS SHEET: 130F: 14 2533 VIRGINIA BEACH BOULEVARD • VIRGINIA REACH.VIRGINIA•214.5?-763.5 Voice757-431-0033•Facsimile7K-463-A380 DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19 9RCHIT . rmixekliewe•co n•posimadelOcoxkliewer.com TOP OF FACING EL.=+132.8' LL F- NOTE: DRAWING IS a}Q O. DIAGRAMMATIC IN . W w NATURE AND IS NOT o - ¢CD TO SCALE. I I u)Z , F—U co cc 0 W<: a •J BOTTOM OF FACING EL.=+49.7' — — — — 1'-0" ENC. GENERAL NOTES Z 1 COORDINATE VALUES EXPRESSED IN US SURVEY FEET. I THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 tL i AND SUPPLEMENTED IN MAY 2014. I C N- THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 47401750. I THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. TOP OF S.O.G. EL.=+12.7'(REF.) 1 SIDEWALK 1 SECTION -COLUMBUS ST. EX D-6 SCALE: NTS 3RD-10TH LEVEL Cox,Kliewer& EXHIBIT EX : D-6 ,orrl )any.P.C. PROJECT NAME: BLOCK 9 APARTMENTS .4. SKETCH DESCRIPTION: ENCROACHMENTSv OVER .. — LAWRE I T ER,JR.t COLUMBUS ST.—FACING 960 ( / PROJECT NUMBER: 21619.02 DATE: 03.07.19 � A P C a l C e c T U B C BY: CMD CHK'D: JDL SCALE: NTS SHEET: 14OF: 14 2533 VIRGINIA BEACH BOULEVARD ' VIRCINLA BEACH,VIRGINIA•23452.763 C H I T ECG Vaice757.43I.0)33•Faaimik757463-(380 DRAWING FILE NAME:21618 01 Encroachment_Plans PRINT DATE:3/13/19 msroxkliewcoxn•p9mmaeOuxklieweernm PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT (this "Agreement"), made this 19th day of September, 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company ("Grantee"). WITNESSETH: WHEREAS, Grantee is the owner of the property more particularly described on Exhibit A attached hereto (the "Grantee Property"); WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being portions of the rights-of-way for Commerce Street, Central Park Avenue and Columbus Street (the areas on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Areas"), which encroachments extend from the Apartments Unit and that certain limited common element appurtenant to both the Retail Unit and the Apartments Unit and located at the south side of the Condominium Building on the second floor level and consist solely of concrete slabs with EIFS cladding on steel tube structure and aluminum railing with glass infill above the slabs, architectural facing and soffits (collectively, the "Improvements"), the locations of which are more particularly shown on Exhibit B attached hereto consisting of Exhibits Grantee Property GPINs: 1477-54-1429-1000(Retail Unit) & 1477-54-1429-2000(Apartments Unit) (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) C-1 through C-4 and D-1 through D-6. The Improvements are referred to herein as the "Temporary Encroachments"; WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Areas subject to terms of this Agreement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the 2 Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. 3 It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee Property, and the transferor of the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee Property 5 IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: kc i yQr , Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ^)t The foregoing instrume t was acknowledged before me this day of 1 , t 11 1 , 2019, by LWJ) 1-14A , Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of Columbus Tower, L.L.C., a Virginia 1 limited liability company, on behalf of the company. \\�� ,,, ,�rlr / ���.\� p0 S$ /'ii Notary Public �° �` ' ':'v f =to;REGISTRATION N0.:;MY COMM.EXPIRES; _ g. Notary Registration Number: % 10/31/2021 : ��. ; 2.OF:V1RGIN c, My Commission Expires: l t�l 3/ o2'1b2-1 /�T'�RY Pu3�\\`�. iririrrlrlit'''"��� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DEPARTMENT 8 EXHIBIT A [Description of the Grantor Property] THOSE certain condominium units known as "Retail Unit" and "Apartments Unit" in Town Center Condominium 9, located in the City of Virginia Beach, Virginia, and as further designated and described in that certain declaration entitled "DECLARATION OF CONDOMINIUM OF TOWN CENTER CONDOMINIUM 9" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20170630000554960 (hereinafter referred to as the "Declaration"), together with their respective applicable undivided interests in certain common elements, all as more particularly described and allocated in the Declaration, as amended from time to time. 9 EXHIBIT B [See Attached Sketches of Temporary Encroachments on Exhibits C-1 through C-4 and D-1 through D-6] S:\Clients16407\0251Encroachment Agreement-TCA9.doc 10 COMMERCE ST. C 7 81'PUBLIC R/W INST.#200402060023049 39'-0 1/2" ENC. 2'-6" 3'-2" / / ENC. 17'-11" ENC. 21'-1 1/2" ENC 10'-11 1/2"17'-6" ENC. I CU l f / / Z r --, in W i '. I t L. ,1 l mac+ � 4 t l N 89°36'00"= E 200.26' U -U r •z Z r Z , CV W LU "'w #1 #2 #3 - FACE OF BUILDING/ °' COMMERCE ST. #4 N NOTE: DRAWING IS RIGHT OF WAY DIAGRAMMATIC IN APARTMENTS w NATURE AND IS NOT ARCHITECTURAL —TJ ~ TO SCALE. FACING ENC. #5 Q co co N 002 `° Q o FACE OF BUILDING/ N w a CENTRAL PARK AVE. t RIGHT OF WAY I--� J o o TOWN CENTER o p� VIRGINIA STATE PLANE - [-•- ASSOCIATES 9, L.L.C. N Z COORDINATE SYSTEM a .- APARTMENTS UNIT,TOWN 0. SOUTH ZONE-NAD83/93 (HARN) CENTER CONDOMINIUM 9 ao w GENERAL NOTES TOWN CENTER BLOCK 9 o C...) V G P I N: 1477-54-1429-2000 COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING -' CONDITIONS SHOWN ON THIS PLAN ARE / BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS 1'-6" ENC. PERFORMED BY VHB, INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. LEGEND THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. • PROPERTY PIVOT POINT 2 3RD-10TH LEVEL PLAN AREA OF ENCROACHMENT EX C-1 SCALE: NTS ` _ OVERHANGING AREA NOT ENCROACHING EXHIBIT EX . CC- 1 , rH °F Cox,Kliewer& /off, L ''� Company PC, PROJECT NAME: BLOCK 9 APARTMENTS g Iif �� i��, SKETCH DESCRIPTION: ENCROACHMENTS OVER A LAWRE I WER,JR. i COMMERCE ST.AND CENTRAL PARK AVE-FACING _,960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 0 I A R 1, r' I I i r I u H £. BY: CMD CHK'D: JDL SCALE: NTS SHEET: 5 OF: 14 / 2533 VIRGINIA BEACH BOULEVARD \�CHIT�C'C si VIRGINIA BEACH,VIRGINIA•23452-7635 Nbice757431-B433•Fueaimitc757-1(3-03ffir DRAWING FILE NAME: 21619_01_Encroachmertt_Plans PRINT DATE:3/13/19 ��'o`.I wwwmxklierermn•oosandra@cakheweccnm I _ TOP OF FACING TOP OF FACING EL.=+140.0' Y EL.=+143.0' GENERAL NOTES J 1 CC CI n COORDINATE VALUES EXPRESSED IN US SURVEY FEET. D I U_ WI Q W�t THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN c W 'ai I -V ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL j-Y I —U 3 w U Z U DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY <cc U Z U aU cc- W VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY LL_1 CC W W OW QC9 2014. 0< QC7 I-� U3Z ', Scc co =O I Z Q rn ' THE VERTICAL CONTROL ON THESE ELEVATIONS ARE =W I Z Q ci, cr U I W BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 ]r o 1 Lu D- cc (NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA d BEACH SURVEY CONTROL DISK AT STATION 4740 1750. Q a. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT I REQUEST ONLY. I BOTTOM OF FACING_ _ I — EL.=+49.7' 2'-71/ I3E'N-4C1.1.\2" ' IENC.z zo aI COD o I 0 0 w a LL I la I '1:?I r. 1 C9 co I I I NOTE: DRAWING IS I I DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. i _ TOP OF S.O.G. I SIDEWALK EL.=+12.7'(REF.) I SIDEWALK I 1 SECTION —COMMERCE ST. 2 SECTION— COMMERCE ST. EX C-2 SCALE: NTS EX C-2 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL Op Ai �,�ewer& EXHIBIT EX : C-2 0,0P�" Company,-PC. PROJECT NAME: BLOCK 9 APARTMENTS f I li�w% • SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE WER,JR. COMMERCE ST. —FACING m '• 960 } PROJECT NUMBER: 21619.02 DATE: 03.07.19 A R L H I T E c i b R E BY: CMD CHK'D: JDL SCALE: NTS SHEET: 6 OF: 14 / 2533 VIRGINIA BEACH YHiCINABEACH VIRCP([ABOULEYARO \.RC HIT .CeC/" Voice757-s31-4033•Fosimile757-463.0380 DRAWING FILE NAME:21619_01_EncroachmenLPlans PRINT DATE:3/13/19 mnemxldiewermn•IxeuneAatuukliearme ,1p __ __ _ TOP OF FACING -J GENERAL NOTES I -J CC Q CC D COORDINATE VALUES EXPRESSED IN US SURVEY FEET. n U uii U W 4 THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN Q W >- i 1-d ON THIS PLAN ARE BASED UPON ORIGINALARCHITECTURAL r I H U a W Z Z U DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY d¢ =Z U o cc Q W VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY _I "W W 2014. 0< <0 - - c/)Z F- t!)Z v (ni-=0 1 Z q 0) THE VERTICAL CONTROL ON THESE ELEVATIONS ARE W w 1 Z Q CO Cr U I W BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 CC 01 W W CC (NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA cc < BEACH SURVEY CONTROL DISK AT STATION 4740 1750.a. I a Q THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT I REQUEST ONLY. I I _ I _ r �BOT�TOM OF FACING_ _ _ ENC.- d[3,-7., � �ENC.{ Z I z I 0 I 5 3 CO COI 0. U.0 W W Q 0 LL LL 1 F- F- , C) I I 1 NOTE: DRAWING IS I DIAGRAMMATIC IN NATURE AND IS NOT I TO SCALE. _ ,' TOP OF S.O.G. _ _ I 1 SIDEWALK Y EL.=+12.7'(REF.) I SIDEWALK 1 1 SECTION -COMMERCE ST. '2 SECTION -CENTRAL PARK AVE. EX C-3 SCALE: NTS EX C-3 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL C+ X,�ewer& EXHIBIT EX : C-3 o ��I°pA COI11pari),P.C. PROJECT NAME: BLOCK 9 APARTMENTS r eti' 10 41 SKETCH DESCRIPTION: ENCROACHMENTS OVER i v COMMERCE ST. AND CENTRAL PARK AVE—FACING + LAWRE I y WER,JR.rtefi if. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 A I A li L H l 1 I C T U R F BY: CMD CHK'D: JDL SCALE: NTS SHEET: 7 OF: 14 / 2533 VIRGINIA BEACH BOULEVARD VIRGRlA BFACH,VIRGINIA•231A2.7615 Voice757131-0D33•Ramat757-163-D3HO DRAWING FILE NAME: 21619_O1_EncroachmeM_Plans PRINT DATE:3/13/19 \ CHIt /� wwwm kIicwer.can•p�waweicazklicw•ercaa _ y 11-6°_.,I. ") ENC. TOP OF FACING _ _ — EL.=+139.0' �` NWl U > z < w Y NOTE: DRAWING IS 3a LL Z DIAGRAMMATIC IN NATURE AND IS NOT o¢ (11 TO SCALE. _ c o W co U W 2 cc a_ O BOTTOM OF FACING — _ — I Cy-Lw EL.=+49.7' ` 1_'-6 GENERAL NOTES 'I ENC. z I COORDINATE VALUES EXPRESSED IN US SURVEY FEET. I THE PROPERTY LINES AND EXISTING CONDITIONS o SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD Q SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 tL I AND SUPPLEMENTED IN MAY 2014. I 4 THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 47401750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4, TOP OF S.O.G. EL.=+12.7' (REF.) I SIDEWALK 2 SECTION -CENTRAL PARK AVE. EX C-4 SCALE: NTS 3RD-10TH LEVEL Cox,Kliewer& EXHIBIT EX : C-4 Company,P.C. PROJECT NAME: BLOCK 9 APARTMENTS a� SKETCH DESCRIPTION: ENCROACHMENTS OVER ' AWRE I �y, � � wER,JR. CENTRAL PARK AVE—SOFFIT ! 960 + PROJECT NUMBER: 21619.02 DATE: 03.07.19 A R I. II I T r. C T u n E BY: CMD CHK'D: JDL SCALE: NTS SHEET: 8 OF: 14 2533 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH,VIRGINIA•23452.1635 qIt? C� / Witt 757.43t-ODO•Facsim;k757a634t380 DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13119 CH� i wwwmxddiewecmm•pounrxmi4ltaddieweccan m co (V NOTE: DRAWING IS w DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. b \) 0 2'-0" v 1 TOWN CENTER FACE OF BUILDING/ N ASSOCIATES 9, L.L.C. CENTRAL PARK AVE. 44 ENC. )' cn „T.APARTMENTS UNIT,TOWN RIGHT OF WAY - '� CENTER CONDOMINIUM 9 c,, TOWN CENTER BLOCK 9 APARTMENTS PATIO m GPIN: 1477-54-1429-2000 OVERHANG ENC. �j a7 N o w co TOWN CENTER ASSOCIATES 9, L.L.C. `' Q' - RETAIL UNIT, TOWN CENTER CONDOMINIUM 9 r-.) U o TOWN CENTER BLOCK 9 -e El c9 GPIN: 1477-54-1429-1000 a c° z FACE OF BUILDING/ _ °O w COLUMBUS ST. '- U RIGHT OF WAY -N, \ \ —1....FI S 89°35' 56"W 190.63' 7V-10"APTS./RETAIL LCE PATIO OVERHANG ENC, oV 7CV LL 8" COLUMBUS ST. N ,c > VARIABLE WIDTH PUBLIC R/W GENERAL NOTES INST. #200212303086483 COORDINATE VALUES EXPRESSED IN US SURVEY FEET, THE PROPERTY LINES AND EXISTING CONDITIONS VIRGINIA STATE PLANE SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL COORDINATE SYSTEM ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SOUTH ZONE-NAD83/93(HARK) SURVEYS PERFORMED BY VHB, INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. LEGEND THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT • PROPERTY PIVOT POINT REQUEST ONLY. 1 2ND LEVEL PLAN AREA OF ENCROACHMENT EX D-1 SCALE: NTS `�� OVERHANGING AREA NOT ENCROACHING /'LTH p Op , eWIr& EXHIBIT EX : D- 1 ,0 C0111t1 ,P.C. PROJECT NAME: BLOCK 9 APTS./RETAIL LCE&APTS. /o 40711, Y SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE ' .I� ER,JR. COLUMBUS ST. AND CENTRAL PARK AVE. i 1 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 0 A A C A 1 T f c T u it e BY: CMD CHK'D: JDL SCALE: NTS SHEET; 9 OF: 14 % VIRGN7ABEACf1 YIRGIf�lA2533 VIRGINIA BEACHB•0UL5ELY-7635A `�,�RCHITEC' 0, wicc757-�J14033•Fusimilc757-A3as80 DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19 ' ���� wwwrmldiewermu•poepnmtekomiliewecme GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. GUARDRAIL ENC. GUARDRAIL ENC. l',,,„ I • I C.) 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T V E E BY: CMD CHK'D: JDL SCALE: NTS SHEET: 100F: 14 ifYiRCN1ABEACH VIRGINIA�023452.77635 fk,.."11i'cimscsi %ice757-43I-0033•Fapimi!e757-0G3-0386 DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 _��49.-Ar www.00cbirwacae•pos m stets al liewecrort GENERAL NOTES 1'-6"ENC. COORDINATE VALUES EXPRESSED IN US SURVEY FEET. :..N\r APARTMENTS .= . U THE PROPERTY LINES AND EXISTING CONDITIONS ARCH. FACING ENC. ?' ! w SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL #1 in\ io ARCHITECTURAL DRAWINGS AND ACTUAL FIELD FACE OF BUILDING/ __ r SURVEYS PERFORMED BY VHB, INC IN OCTOBER 2012 CENTRAL PARK AVE. .1 c_i AND SUPPLEMENTED IN MAY 2014. RIGHT OF WAY z i.,� w W THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT s N Q+ REQUEST ONLY. ao i TOWN CENTER -Jr c ASSOCIATES 9, L.L.C. NOTE: DRAWING IS 1 -0"- Cs) APARTMENTS UNIT,TOWN DIAGRAMMATIC IN 'ENC. co a cc r CENTER CONDOMINIUM 9 NATURE AND IS NOT r a TO SCALE. N U v TOWN CENTER BLOCK 9 r#2' w_ m GPIN: 1477-54-1429-2000 / o ! 2 u�i APARTMENTS c FACE OF BUILDING/ ARCH. FACING CNI r\ COLUMBUS ST. ENCROACHMENT 0 RIGHT OF WAY 71/ I#4 ç \ .: d i'5.39°3 1 'W190 `' z , ✓ g.- --- c U r19'-1 1/2"ENC 9'-11 3/4"ENC j 11'-0" 19'-11 1/2"ENC, -'W Z "''IIII c3 w N 39'-1 1/4" TOTAL ENC. / COLUMBUS ST. 3. VARIABLE WIDTH PUBLIC RIW I INST.#200212303086483 VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE—NAD83/93 (HARN) LEGEND • PROPERTY PIVOT POINT 1 3RD -10TH LEVEL PLAN L___; AREA OF ENCROACHMENT EX D-3 SCALE: NTS `�N OVERHANGING AREA NOT ENCROACHING ....f C° & EXHIBIT EX : D-3 ,Oo.,�PZTIi °A Comply,PC. PROJECT NAME: BLOCK.9APARTMENTS / ►�l�'y! SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE I A.I1ER, JR. COLUMBUS ST. AND CENTRAL PARK AVE.—FACINGiii ,960 # PROJECT NUMBER: 21619.02 DATE: 03.07.19 1 A x L i I t I t r u r. a BY: CMD CHK'D: JDL SCALE: NTS SHEET: 11 OF: 14 / LLEAR It . VIRGINIA BEACH,VIRGINIA B�ZI 52-7635 "�C H I T 6 witNoire757-131-0183•Farsimile757 l63-03C0 DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 +...►.op- w w.cor liercmm•pa£mmier@ax mer.cam TOP OF FACINGNigor , J, TOP OF FACING _ EL.=+139.0' I T EL.=+140.0' , a J Q cc cc >I 1— w 1- I¢I w la w`cm >-¢ I— • I >-cc 1- a UZ Z o¢. 5Z Z oa '-'-n. W NOTE: DRAWING IS oa ¢W Lu _� �Z -' DIAGRAMMATIC IN =°C ¢Z _, (9coI I-0 -oo NATURE AND IS NOT _ui 1-v rn ccVI zcr TO SCALE. Ito w� M CC CC d Q a a �,_BCTfOM OF FACING - 1 ,i, 11-6" ;ENC.11 GENERAL NOTES I ENC. ? I COORDINATE VALUES EXPRESSED IN US z o I SURVEY FEET. a m a] u_ THE PROPERTY LINES AND EXISTING kL O CONDITIONS SHOWN ON THIS PLAN ARE O U BASED UPON ORIGINAL ARCHITECTURAL U u_ I DRAWINGS AND ACTUAL FIELD SURVEYS LL p PERFORMED BY VHB,INC IN OCTOBER p F... 2012 AND SUPPLEMENTED IN MAY 2014. F. M THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH 1 AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)AND ARE REFERENCED TO I CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. _ �, TOP OF S.O.G. _ \ I SIDEWALK DEL,=+12.7'(REF.) SIDEWALK 1 SECTION —CENTRAL PARK AVE. 2 SECTION—CENTRAL PARK AVE. EX D-4 SCALE: NTS EX D-4 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL Cox,Khmer& EXHIBIT EX : D-4 ,0411 - ' °,,�` Company PC. PROJECT NAME: BLOCK 9 APARTMENTS e I b j'���It SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE • wER,JR. CENTRAL PARK AVE.-FACING _ 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 10 iiiir. ARCHITECTURE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 12OF: 14 / 2533 VIRGINIA BEACH BOULEVARD ‘ 4R 6 ir VIRGINIA BEACH,VIRGIN-IA•23452.7635 \ CHIT air Wice757431-0[133•Facsim47574 a ��� 63-038D DRAWING FILE NAME: 21619_01_Enoachment_Plans PRINT DATE:3113/19 � alr www.cm.klienrmm•ptwmavalogikaermm GUARDRAIL ENC.- 06 TOP OF FACING _� EL.=+132.8' 1 U z Q m c9 CC c� >I U I I 1W- I Y I— <0 =U• <Q =U U 3 cn U z 0 NOTE: DRAWING IS 3 a z z �n =W z DIAGRAMMATIC IN oQ cc W W _�` <0 - NATURE AND IS NOT 1--cc Q - 06' I-0 r` TO SCALE. 2zI co-- 2 moo! �a — 1 ¢UI uju m CC I CC < a a < I I BOTTOM OFFACING EL.=+49.7' - - /3'-10"/ GENERAL NOTES /3'-1" / ENC. ENC. z COORDINATE VALUES EXPRESSED IN US z Jo I SURVEY FEET. o I LL THE PROPERTY LINES AND EXISTING co O CONDITIONS SHOWN ON THIS PLAN ARE 0 I W BASED UPON ORIGINAL ARCHITECTURAL U u. < DRAWINGS AND ACTUAL FIELD SURVEYS a I o PERFORMED BY VHB,INC IN OCTOBER o 2012 AND SUPPLEMENTED IN MAY 2014. I M co THE VERTICAL CONTROL ON THESE ( ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)AND ARE REFERENCED TO CITY I OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 474.0 1750. THIS EXHIBIT IS INTENDED FOR AN I 1 ENCROACHMENT REQUEST ONLY. r TOP OF S.O.G. I SIDEWALK EL.=+12.7'(REF.) I SIDEWALK 1 SECTION —COLUMBUS ST. 2 SECTION— COLUMBUS ST. EX D-5 SCALE: NTS EX D-5 SCALE: NTS 3RD-10TH LEVEL 3RD-10TH LEVEL Cox,Kliewer& EXHIBIT X . D-5 o �1-,TH °`A company,P.C. PROJECT NAME: BLOCK 9 APARTMENTS 111, SKETCH DESCRIPTION: ENCROACHMENTS OVER U 141 .5,COLUMBUS ST.-FACING LAWRE a WER,1R. ' ill ,. 960 Or PROJECT NUMBER: 21619.02 DATE: 03.07.19 A H C H I T E C -1 U H t BY: CMD CHK'D: JDL SCALE: NTS SHEET: 13OF: 14 f lie. 2533 VIRGINIA BEACH BOULEVARD / VIRC757 BEACH,• ac Facsimile •5746343802 4615 �`CHIT E Voice757-I311i033•Feaimilei5i�t63-0380 DRAWING FILE NAME: 21619 01_Encroachmant_Plans PRINT DATE:3/13/19 R vrwvmaidiewermn•pa tmaste@miHie�mn ._�,/ I 1 TOP OF FACING - - 1 \ Y EL.=+132.8' I' Q Wl I- IQI Din, = NOTE: DRAWING IS aQ 1=CU cU DIAGRAMMATIC IN oQ �w w NATURE AND IS NOT 1._cc ¢0 TO SCALE. =Z co 52WI I—U 00 ccU1 c 0 Q I .BOTTOM OF FACING �s EL.=+49.T 1 1,1'-0" il, GENERAL NOTES C7 ENC. Z COORDINATE VALUES EXPRESSED IN US SURVEY FEET I m THE PROPERTY LINES AND EXISTING CONDITIONS LL SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL W ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 u- I AND SUPPLEMENTED IN MAY 2014. o c THE VERTICAL CONTROL ON THESE ELEVATIONS ARE M BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88)AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION I 4740 1750. I THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. STOP OF S.O.G. EL.=+12.7'(REF.) I SIDEWALK 1 SECTION -COLUMBUS ST. EX D-6 SCALE: NTS 3RD-10TH LEVEL �,�ewer& EXHIBIT EX : 0-6 ,o ``H°+ Comp n`;P�. PROJECT NAME: BLOCK 9 APARTMENTS /1 49) -5, SKETCH DESCRIPTION: ENCROACHMENTS OVER # LAWRE . . �WER,JR. , COLUMBUS ST.—FACING ; (fl. 960 PROJECT NUMBER: 21619.02_ DATE: 03.07.19 0 A A c 1, i r E c t u li r BY: CMD CHK'D: JDL SCALE NTS SHEET: 140F: 14 /0 2533 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH,VIRGINIA•234524635 16k 4,A•c, tC.0.or Yaice757-431-003•Faaimik757.463-03&1 DRAWING FILE NAME: 21619 01_EncroachmeM_Plans PRINT DATE:3/13/19 wweenklcro'a•1e9mmierVeuklaarrtcom �'�� PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this day of c wiextber , 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and ZEIDERS AMERICAN DREAM THEATER, a Virginia non-stock corporation ("Grantee"). WITNESSETH: WHEREAS, Grantee is the owner of the property more particularly described on Exhibit A attached hereto (the "Grantee Property"); WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being portions of the right-of-way for Market Street (the areas on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Areas"), which encroachments extend from the Theater Unit and consist solely of architectural facing and canted architectural facing (collectively, the "Improvements"), the locations of which are more particularly shown on Exhibit B attached hereto consisting of Exhibits A-1, A-2, B-1 & B-2. The Improvements are referred to herein as the "Temporary Encroachments"; WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Areas subject to terms of this Agreement. Grantee Property GPIN: 1477-54-1429-3000(Theater Unit) (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. 2 It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of 4 the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee Property, and the transferor of the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee Property. IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this 5 Agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 ZEIDERS AMERICAN DREAM THEATER, a Virginia non-stock cocpor By: Micha I D. Lei ers, airman COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,,,,// The foregoing instrument was acknowledged before me thisc__" iay of t pie/06er , 2019, by Michael D. Zeiders, Chairman of Zeiders American Dream Theater, a Virginia non-stock corporation, on its behalf. Notary Pu lic Notary Registration Number: 75:4/s" My Commission Expires: 6 I EVERETT D.JUDD NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2021 COMMISSION N 7545452 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DEPARTMENT 8 EXHIBIT A [Description of the Grantor Property] THAT certain condominium unit known as "Theater Unit" in Town Center Condominium 9, located in the City of Virginia Beach, Virginia, and as further designated and described in that certain declaration entitled "DECLARATION OF CONDOMINIUM OF TOWN CENTER CONDOMINIUM 9" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20170630000554960 (hereinafter referred to as the "Declaration"), together with its applicable undivided interest in certain common elements, all as more particularly described and allocated in the Declaration, as amended from time to time. 9 EXHIBIT B [See Attached Sketches of Temporary Encroachments on Exhibits A-1, A-2, B-1 & B-2] SAClients1640T0251Encroachment Agreement-ZADT.doc 10 COMMERCE ST. V 81'PUBLIC R/W z INST.#200402060023049 o ��y 2'-0" ENC. 100'4" PLAZA PATIO OVERHANG ENC. ,it / 3'4" N s t �� _ Z.I + It 89°36'00" E 200.26' Ti t.- °' , FACE OF BUILDING/ r 15 Liz COMMERCE ST. �" RIGHT OF WAY r > 3'-5" ENC. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ' ` 0 PLAZA UNIT,TOWN CENTER CONDOMINIUM 9 u TOWN CENTER BLOCK 9 t_= to W GPIN: 1477-54-1429-4000 `,. a, F- .a; N z N 3 a 0 v ¢ NOTE: DRAWING IS rk' N w DIAGRAMMATIC IN ', 00 - NATURE AND IS NOT z h TO SCALE. VIRGINIA STATE PLANE COORDINATE SYSTEM i \o SOUTH ZONE-NAD83/93 (HARN) r A 9,../ GENERAL NOTES N COORDINATE VALUES EXPRESSED IN US SURVEY FEET. a, \ FACE OF BUILDING/ MARKET ST. THE PROPERTY LINES AND EXISTING H N RIGHT OF WAY CONDITIONS SHOWN ON THIS PLAN ARE o BASED UPON ORIGINAL ARCHITECTURAL H i DRAWINGS AND ACTUAL FIELD SURVEYS cc oPERFORMED BY VHB, INC IN OCTOBER 2012 =.I a ZEIDER'S AMERICAN DREAM THEATER AND SUPPLEMENTED IN MAY 2014. co m * THEATER UNIT,TOWN CENTER THIS EXHIBIT IS INTENDED FOR AN Fri; CONDOMINIUM 9 z TOWN CENTER BLOCK 9 ENCROACHMENT REQUEST ONLY. GPIN: 1477-54-1429-3000 LEGEND V • PROPERTY PIVOT POINT 1 2ND LEVEL PLAN L'___ AREA OF ENCROACHMENT EX A-1 SCALE: NTS `.. OVERHANGING AREA NOT ENCROACHING &ix,Khewer& EXHIBIT EX : A-1 or~ 'Py,TH °F AI , Cor oanv PC. PROJECT NAME: BLOCK 9 THEATER AND PLAZA LA �411111k 1 SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE / . r ER,JR. COMMERCE ST. AND MARKET ST. tr. 960 PROJECT NUMBER: 21619.02 DATE: 03.04.19 ARCHITEGTURY BY: CMD CHK'D: JDL SCALE: NTS SHEET: 1 OF: 14 2533 VIRGIVIRGINIA NIA REACH BOULEVARD 4RCHITEC� Voim757.431.0033•Fa,imdc757-16ii1360 DRAWING FILE NAME: 21619_01_Encroachment_Plans PRINT DATE:3/13/19 www.co•kliewecmn•pargniasier@codthewetcorn I GENERAL NOTES 3'-5"ENC i. el COORDINATE VALUES EXPRESSED IN US SURVEY FEET. TOP OF ROOF ENC. _ II_ EL.=+74.8' THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE I hWC3-Z O BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS Z< PERFORMED BY VHB,INC IN OCTOBER 2012 1 Uxi AND SUPPLEMENTED IN MAY 2014. I w}L>I WO THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH W Q AMERICAN VERTICAL DATUM OF 1988(NAVD I-Li- (..S 88)AND ARE REFERENCED TO CITY OF I Z VIRGINIA BEACH SURVEY CONTROL DISK AT W STATION 4740 1750. I x ,- THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. I GUARDRAIL ENC. I 1\.. 1 w PLAZA PATIO PLAZA PATIO . OVERHANG ENC. - I OVERHANG ENC. \ M il TOP OF PATIO \s't 1________,L 1. `', EL.=+32.7' `� '-0" riL°Nzi1 UENC; Z 'ENC: w a - N I N Z I}L: ti Z } i 0 Q fA N -' Q QL tV m LL cc _ 03 I'A— V O 03 O I— o,— D O I/ O IY © = 1C UI�¢U 7 uco Q CC TOP OF S.O.G. I 1 SIDEWALK EL.=+12.T(REF.) I SIDEWALK I NOTE:DRAWING IS DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. 1 SECTION -COMMERCE ST. 2 2ND LEVEL SECTION -MARKET ST. EX A-2 SCALE: NTS EX A-2 SCALE: NTS 2ND LEVEL 2ND LEVEL Cox,Khmer& EXHIBIT EX : A-2 ,� °F (x n i l�k1I l %PC. PROJECT NAME: BLOCK 9 THEATER AND PLAZA I.�1 5A SKETCH DESCRIPTION: ENCROACHMENTS OVER e LAWRE •. w. .NER,JR. COMMERCE ST. AND MARKET ST. + § ill '. PROJECT NUMBER: 21619.02 DATE: 03.07.19 0 1 R C s: I T I , TUFE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 2 OF: 14 f, 2533 VIRGINIA BEACH BOULEVARD Ilk 1i? ITECI�►�CILVI VIRGINIA REAM •M452.7Cdi Voice757431-0033•F•r:alio 57463C3E0 DRAWING FILE NAME: 21618_01_Encroachment_Pians PRINT DATE:3/13/19 ��i411r wale evscom•pods m iceeem N NOTE:DRAWING IS DIAGRAMMATIC INCi-)- NATURE AND IS NOT TO SCALE. ZEIDER'S AMERICAN DREAM VIRGINIA STATE PLANE COORDINATE SYSTEM THEATER SOUTH ZONE-NAD83/93 (HARN) A THEATER UNIT,TOWN CENTER CONDOMINIUM 9 GENERAL NOTES TOWN CENTER BLOCK 9 � GPIN: 1477-54-1429-3000 COORDINATE VALUES EXPRESSED IN US [ SURVEY FEET o o BUILDING/ G/ FACE OF ILDIN H c THE PROPERTY LINES AND EXISTING N in MARKET ST. CONDITIONS SHOWN ON THIS PLAN ARE cc U 00 I. RIGHT OF WAY BASED UPON ORIGINAL ARCHITECTURAL J Ri CITY OF VIRGINIA BEACH DRAWINGS AND ACTUAL FIELD SURVEYS DEVELOPMENT AUTHORITY PERFORMED BY VHB, INC IN OCTOBER 2012 a i. PLAZA UNIT,TOWN CENTER AND SUPPLEMENTED IN MAY 2014. c0° ?c 0 CONDOMINIUM 9 N TOWN CENTER BLOCK 9 THIS EXHIBIT IS INTENDED FOR AN N 0 GPIN: 1477-54-1429-4000 ENCROACHMENT REQUEST ONLY. z °' FACE OF BUILDING/ 00 COLUMBUS . PLAZA OVERHANG RIGHTIGHTOFOF WAYAY ENCROACHMENT THEATER ARCH. __ FACING ENC. \\` a4 \ \ \ S 89°35'56"W 190.63 ' __ L.-.-.-.w-----J .._,.f��, C? w 23'-1 1/2" 26'-1" 1T-6"ENC. cj J`�` < o z N ' 2'-3 1/2"ENC. �� F 0 COLUMBUS ST. f VARIABLE WIDTH PUBLIC R/W INST.#200212303086483 LEGEND • PROPERTY PIVOT POINT 1 2ND LEVEL PLAN ' j AREA OF ENCROACHMENT EX B-1 SCALE: NTS `i OVERHANGING AREA NOT ENCROACHING Cox,xliewer& EXHIBIT EX : B-1 114 OF ,.. COl lt)arI c. PROJECT NAME: BLOCK 9 THEATER AND PLAZA ffe K' SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWR . .iy • �WER,JR. MARKET ST.AND COLUMBUS ST. t ill,. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 0 ARCBIT . C IRE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 3 OF: 14 2S33 VtRGIRIA BEACH BOULEVARD VIVARIABEACH,VRICDlV•23452•76i35 RCHIT'C�I. 1.,6,757-4it1-0)33•Fwimi•757-463d3Wi DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19 11.''4."IPr •,,wcutiGenram•p tmader coskliercaim GENERAL NOTES TOP OF ROOF ENC. COORDINATE VALUES EXPRESSED IN US EL.=+64.9' SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE d BASED UPON ORIGINAL ARCHITECTURAL w I DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB, INC IN OCTOBER 2012 Z I AND SUPPLEMENTED IN MAY 2014. Q U. THE VERTICAL CONTROL ON THESE -I ELEVATIONS ARE BASED ON THE NORTH C < AMERICAN VERTICAL DATUM OF 1988(NAVD CC W 88)AND ARE REFERENCED TO CITY OF I- I VIRGINIA BEACH SURVEY CONTROL DISK AT W STATION 4740 1750. c F- I THIS EXHIBIT IS INTENDED FOR AN 0 ENCROACHMENT REQUEST ONLY. CC Q I GUARDRAIL ENC. I i Z` I- 1 W 1 PLAZA PATIO is OVERHANG ENC. _ TOP OF PATIO - EL.=+321' III 2'-3 1/2'f ! 0 1 ;ENC. I w EN I Z N CV Q I E 1 1 0 ?-,h I —J ,-N >-1- 1 O co phi m 1.— co —1 I 0 Eo [L� ' m 0¢ W r 0� O h OC 2 Q CI(- 1 I W LL CCO . < LL ( jr, TOP OF S.O.G. EL.=+12.7'(REF.) SIDEWALK I NOTE: DRAWING IS I DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. 1 2ND LEVEL SECTION - MARKET ST. 2 2ND LEVEL SECTION - COLUMBUS ST. EX B-2 SCALE: NTS EX B-2 SCALE: NTS 2ND LEVEL 2ND LEVEL Cox,x4� .& EXHIBIT EX : B-2 � `,1 COmpai1`^PC. PROJECT NAME: BLOCK 9 THEATER AND PLAZA (if",v•73_,TH 44 1 SKETCH DESCRIPTION: ENCROACHMENTS OVER AWRE + I WER, JR.4 MARKET ST.AND COLUMBUS ST. �+ 960 f PROJECT NUMBER: 21619.02 DATE: 03.07.19 ,0 A ; C 11 I E C T I R C BY: CMD CHK'D: JDL SCALE: NTS SHEET: 4 OF: 14 .0 2533 VIRGINIA REACH BOULEVARD VIHCINLIEEtCILVIRG[XIN.23162.7t35 ?of/te��CHITti�rAlf Wig,757431-M33•C..--mil,757-4�032 DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19 AP' w 14010;Beatxcom•postm2revreithocerma PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this day of , 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia ("Grantee"). WITNESS ETH: WHEREAS, Grantee is the owner of the property more particularly described on Exhibit A attached hereto (the "Grantee Property"); WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being portions of the rights-of-way for Commerce Street, Market Street and Columbus Street (the areas on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Areas"), which encroachments extend from the Plaza Unit and consist solely of concrete slabs with EIFS cladding on steel tube structure and aluminum railing with glass infill above the slabs (collectively, the "Improvements"), the locations of which are more particularly shown on Exhibit B attached hereto consisting of Exhibits A-1, A-2, B-1 & B-2. The Improvements are referred to herein as the "Temporary Encroachments"; Grantee Property GPIN: 1477-54-1429-4000 (Plaza Unit) (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Areas subject to terms of this Agreement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary 2 Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. 3 It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee Property, and the transferor of the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee Property. 5 IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk Rota, COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Common e•lth of Virginia By: Name: Oro I .i i /id Title: Chair/V COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: sf The foregoing instrument was acknowledged before me this Z -day of ayM , 2019, by �DOrn/i y I. Wood ChairNiee Cheir of City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, on its behalf. Nota Public 0.04mcp.4 eo Notary Registration Number: /qyG � `�`� *P y G...14, I My Commission Expires: l D/3/ 02/ COMMISSION NUMBER • 194674 .' s • '4 ........VR"`ems •'•, FALT N OF ••` APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENC RM SI 1ATURE 0•10101s1/44(L t DEPARTMENT 8 EXHIBIT A [Description of the Grantor Property] THAT certain condominium unit known as "Plaza Unit" in Town Center Condominium 9, located in the City of Virginia Beach, Virginia, and as further designated and described in that certain declaration entitled "DECLARATION OF CONDOMINIUM OF TOWN CENTER CONDOMINIUM 9" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20170630000554960 (hereinafter referred to as the "Declaration"), together with its applicable undivided interest in certain common elements, all as more particularly described and allocated in the Declaration, as amended from time to time. 9 EXHIBIT B [See Attached Sketches of Temporary Encroachments on Exhibits A-1, A-2, B-1 & B-2] S:\Clients\6407\0251Encroachment Agreement-VBDA.doc 10 COMMERCE ST. 81'PUBLIC R/W z INST.#200402060023049 r 2'-0"ENC. i 3'_4" a j 100'-4" PLAZA PATIO OVERHANG ENC. /(I N Nam_ _ N 89°36'00" E 200.26' v °' • FACE OF BUILDING/ z COMMERCE ST. N. w RIGHT OF WAY 7 3'-5" ENC. w CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PLAZA UNIT,TOWN CENTER CONDOMINIUM 9 u. TOWN CENTER BLOCK 9 w G P I N: 1477-54-1429-4000 c z N N Q U " cc N.o W rt ~ NOTE:DRAWING IS (NI w DIAGRAMMATIC IN A o I— NATURE AND IS NOT z TO SCALE. VIRGINIA STATE PLANE COORDINATE SYSTEM o SOUTH ZONE—NAD83/93 (HARN) r GENERAL NOTES 9' COORDINATE VALUES EXPRESSED IN US SURVEY FEET. FACE OF BUILDING/ • v MARKET ST. THE PROPERTY LINES AND EXISTING F4 N RIGHT OF WAY CONDITIONS SHOWN ON THIS PLAN ARE C/1 o BASED UPON ORIGINAL ARCHITECTURAL F-+ o DRAWINGS AND ACTUAL FIELD SURVEYS 1 o PERFORMED BY VHB, INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. J N ZEIDER'S AMERICAN DREAM THEATER co THEATER UNIT,TOWN CENTER THIS EXHIBIT IS INTENDED FOR AN 1 o- r CONDOMINIUM 9 ENCROACHMENT REQUEST ONLY. Z TOWN CENTER BLOCK 9 G PIN: 1477-54-1429-3000 LEGEND • PROPERTY PIVOT POINT 1 2ND LEVEL PLAN r- ! AREA OF ENCROACHMENT EX A-1 SCALE: NTS . OVERHANGING AREA NOT ENCROACHING i , va l P `fH of AICox,Kliewer& EXHtBITEx Company PPG PROJECT NAME: BLOCK 9 THEATER AND PLAZA if I�‘ y rt SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE • T ER,JR. COMMERCE ST.AND MARKET ST. oir. 960 PROJECT NUMBER: 21619.02 DATE: 03.04.19 t I ARCHITECTURE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 1 OF: 14 I, 2533 VIRGINIA REACH BOULEVARD 1RCHITEC-C VIRGINIA BEACH,VIRGINIA•23452-7615 Vorc757-431.00.33•Fm-,imik57-463438o DRAWING FILE NAME: 21619_01_Encroachment_Plan9 PRINT DATE:3/13/19 wrr.cmddina am•oosmuvmFrnsklimeccom GENERAL NOTES 3'-5"ENC ,I. COORDINATE VALUES EXPRESSED IN US � TOP OF ROOF ENC. I SURVEY FEET. _ EL.=+74.8' THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE p CD BASED UPON ORIGINAL ARCHITECTURAL WZ. DRAWINGS AND ACTUAL FIELD SURVEYS Z= PERFORMED BY VHB,INC IN OCTOBER 2012 0 CC . AND SUPPLEMENTED IN MAY 2014. ¢I THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH W 0. AMERICAN VERTICAL DATUM OF 1988(NAVD ill! V 88)AND ARE REFERENCED TO CITY OF Z VIRGINIA BEACH SURVEY CONTROL DISK AT w STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN a ENCROACHMENT REQUEST ONLY. GUARDRAIL ENC. I 0 I w PLAZA PATIO PLAZA PATIO in OVERHANG ENC. OVERHANG ENC. % 0 6. TOP OF PATIO EL.=+32.T 2'-0" CU '_ou d i EN w IEN J w Zu N Z }'h'-^^ & f- Z I _ t- 0 Q vJ T T Q < N r 3w �H _ i LL V `- Cn ¶ m LL ' O w EO °� O F— oD O 122 0 I— UJ O Ill Q —0 U �Q E 2 TOP OF S.O.G. I SIDEWALK EL.=+12.7'(REF.) I SIDEWALK I NOTE:DRAWING IS I DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. 1 SECTION-COMMERCE ST. 2 2ND LEVEL SECTION- MARKET ST. EX A-2 SCALE: NTS EX A-2 SCALE: NTS 2ND LEVEL 2ND LEVEL Cox Khmer& EXHIBIT EX : A-2 04.0 1tl1 opfA4 l C.401111X1111.1-?(A. PROJECT NAME: BLOCK 9 THEATER AND PLAZA �� i.'`A`; ; SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE e . 7'� ER,JR. COMMERCE ST. AND MARKET ST. • 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 / �� + R CHITECTURE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 2 OF: 14 2533 VIRGINIA BEACH BOULEVARD R CHITT;G VIRGINIA BEACH,VIRGINIA•23452-7C35 Voice757-431.0333•Facaimde757-4(330380 DRAWING FILE NAME: 21619_01_EncroachmentPlans PRINT DATE:3/13/19 lr'S.l ddiewerc n•iuflmasie nalliewruun N NOTE:DRAWING IS DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. EI:)-- ZEIDER'S AMERICAN DREAM VIRGINIA STATE PLANE COORDINATE SYSTEM THEATER SOUTH ZONE-NAD83/93(HARN) A THEATER UNIT,TOWN CENTER CONDOMINIUM 9 GENERAL NOTES TOWN CENTER BLOCK 9 v GPIN: 1477-54-1429-3000 COORDINATE VALUES EXPRESSED IN US [� 0 SURVEY FEET. V) o o FACE OF BUILDING/ THE PROPERTY LINES AND EXISTING MARKET ST. a En CONDITIONS SHOWN ON THIS PLAN ARE 5 ¢ N RIGHT OF WAY O1 a, BASED UPON ORIGINAL ARCHITECTURAL M N N CITY OF VIRGINIA BEACH DRAWINGS AND ACTUAL FIELD SURVEYS n= DEVELOPMENT AUTHORITY PERFORMED BY VHB, INC IN OCTOBER 2012 PLAZA UNIT,TOWN CENTER AND SUPPLEMENTED IN MAY 2014. Bo ? o CONDOMINIUM 9 N TOWN CENTER BLOCK 9 THIS EXHIBIT IS INTENDED FOR AN iv o GPIN: 1477-54-1429-4000 ENCROACHMENT REQUEST ONLY. z V 9 FACE OF BUILDING/ Co RIGHTCOLU O US ST. PLAZA OVERHANG ��- RIGHT OF WAY ENCROACHMENT THEATER ARCH. �-- FACING ENC. r , 1 S 89°35'56"W 190.63' U z 4w 23'-1 1/2" 26'-1" 17'-6" ENC. I_ _ �j / d( 9z N N LIJ r` 2'-3 1/2" ENC. b COLUMBUS ST. - VARIABLE WIDTH PUBLIC R/W INST.#200212303086483 LEGEND PROPERTY PIVOT POINT 1 2ND LEVEL PLAN LJ AREA OF ENCROACHMENT EX B-1 SCALE: NTS L� OVERHANGING AREA NOT ENCROACHING Cog/ieWer& E X H I BIT EX : B—i 4o.104TH of ifl C)MIKirt :PC. PROJECT NAME: BLOCK 9 THEATER AND PLAZA 4'+09 SKETCH DESCRIPTION: ENCROACHMENTS OVER a LAWRE •, 7 ER,JR. MARKET ST. AND COLUMBUS ST. 960PROJECT NUMBER: 21619.02 DATE: 03.07.19 ARCHITECTURE BY: CMD CHK'D: JDL SCALE: NTS SHEET: 3 OF: 14 2533 VIRGINIA BEACH BOULEVARD VIRGINLABEACH,VIRGNTA•23452.7635xs.!:. T6CS Voicc757�1314O33•F,cs®ik757-0630380 DRAWING FILE NAME: 21619_01 Encroachment_Pians PRINT DATE:3/13/19 �' www.ccoiliewaem,•omnasieratorkliewmcom IGENERAL NOTES TOP OF ROOF ENC. COORDINATE VALUES EXPRESSED IN US 1 EL.=+64.9' SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE .V BASED UPON ORIGINAL ARCHITECTURAL ill 4 DRAWINGS AND ACTUAL FIELD SURVEYS o PERFORMED BY VHB,INC IN OCTOBER 2012 Z 1 AND SUPPLEMENTED IN MAY 2014. Q THE VERTICAL CONTROL ON THESE -1 ELEVATIONS ARE BASED ON THE NORTH Z < 1 AMERICAN VERTICAL DATUM OF 1988(NAVD LzJ 1 88)AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT C STATION 4740 1750. M Z THIS EXHIBIT IS INTENDED FOR AN _Q CC 1 ENCROACHMENT REQUEST ONLY. CC GUARDRAIL ENC. X ; U 1 I W 1 PLAZA PATIO I to rt - TOP OF PATIO ;; OVERHANG ENC. Y EELL +32.7' 2'-3 1/2" 1 z 2'-0° ENC. I Lii I EN*; 1 I Z N Q p _� 1 2 '^ ,,^^ Z �'^1 r QVJ O cD Owl--I m 't LL j In 2Y 0 Oc. OW m aC2I U IL =n O C7 1 E O Q u. -` _ TOP OF S.O.G. EL.=+12.7'(REF.) SIDEWALK NOTE:DRAWING IS DIAGRAMMATIC IN NATURE AND IS NOT TO SCALE. 1 2ND LEVEL SECTION -MARKET ST. 2 2ND LEVEL SECTION- COLUMBUS ST. EX B-2 SCALE: NTS EX B-2 SCALE: NTS 2ND LEVEL 2ND LEVEL Cox,Kliewer& EXHIBIT EX : B-2 0 � OP �'� r� L.Ot21P 11 :1N . PROJECT NAME: BLOCK 9 THEATER AND PLAZA ve. 4110.5 SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE I . k� ER,JR. MARKET ST.AND COLUMBUS ST. f. 960 PROJECT NUMBER: 21619.02 DATE: 03.07.19 f / �( A R C H 1 7 C I U l E BY: CMD CHK'D: JDL SCALE: NTS SHEET: 4 OF: 14 r 2533 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH.VIRGINIA•23462-7635 4RCHI T ECG Voice757431-0033•Furmik757-0G3.0380 DRAWING FILE NAME: 21619_01_Encroachment Plans PRINT DATE:3/13/19 mrceaddieweswn•pusimdettimollie.xccnm m; LN33 NMOl 66i-46t NO N31N30 N O.I. `w.3 sos_ U loa • a . i of 1 11 0. 11 04 01 1 & t U I C (_ �._ '-- .a..,._. ""'�•-tea.-^„".'_"'-"""- _" J D (o d'V 4.LN9 E 'a�1NT,' -- 1AV a.4>AVd IVN1N3D (o N : 4 oft a q Co G m a)ct a`a a 0 0 N E co E— Q ._ U N > Is13NayW Rfi S 1,71 --..��` C 01 FJ7N?fViy a 4 N . . .h t 0 N NI CM CMK ^ g S 1 N N N t o L s 4 4 / N 41 W 4 U w W ir' a m J V U j V KC o I "..;: " b❑ 2i31N3O NMO1 17 M N J 0 Cri M Co►- aQ WNN CO Q Ill Q 'a a z gi V a N 0 0 W o o U lI < , s V V U. J 0 O H a2 w z0 3AV)I JVd 1V111N3O x a 2 i_ z L 0 CC V f 0 1 J 1S 13)12idW 1513)1 1t/W a, s C r. f 0 I L f Wh. I II i `rr�_, 01 ren -I d a a < '' a Li C g- U a I u{fFa7: V ' is J Virginia Beach - - APPLICANT'S NAME Town Center Associates 9, L.L.C. 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 Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, - -- • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: ▪ NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: NB Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. r�� Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Town Center Associates 9, L.L.0 If an LLC, list all member's names: Sole Member: Armada Hoffler, L.P.* Manager: Armada Hoffler Manager, LLC* (*see attached) 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 attached 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. El 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: See other Disclosure Statements If an LLC, list the member's names: Page 2 of 7 N/B 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 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. * i 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) ri ElAccounting and/or preparer of your tax return 17\ ❑ Architect/ Landscape Architect/ Cox, Kliewer&Company, P.C. Land Planner Contract Purchaser(if other than❑ r� 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) 'x\1 El Construction Contractors AHP Construction, LLC ® 0 Engineers / Surveyors/ Agents vhb Financing (include current Bank of America, N.A. M Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X 1111 Legal Services Faggert& Frieden, P.C. Real Estate Brokers / Divans Real Estate, Inc. 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 r ® 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 M3 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. SEE ATTACHED APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 APPLICANT'S NAME: Town Center Associates 9,L.L.C. Manager: Armada Hoffler Manager, LLC Sole Member: Armada Hoffler,L.P. APPLICANT'S MANAGER: Name: Armada Hoffler Manager,LLC Managers: Louis S. Haddad Michael P. O'Hara Sole Member: Armada Hoffler, L.P. APPLICANT'S SOLE MEMBER: Name: Armada Hoffler,L.P. [the"Operating Partnership" for the REIT*] General Partner: The REIT* Limited Partners: The REIT* which has the controlling interest in the Operating Partnership. There are multiple other fluctuating minority limited partner investors in the Operating Partnership. THE REIT*: Name: Armada Hoffler Properties,Inc. Executive Officers: Daniel A. Hoffler—Executive Chairman of the Board A. Russell Kirk—Vice Chairman of the Board Authorized Officers:Louis S. Haddad—President&CEO Michael P. O'Hara—CFO, Secretary& Treasurer Affiliates/Subsidiaries: The Operating Partnership has numerous affiliates/subsidiaries unrelated to the subject matter of the Application in which it is the sole owner or has a controlling interest. *The REIT is a publicly traded company. S:\Clients\6407\025\Disclosure Statement Attachment docx 1 TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company BY: ARMADA HOFFLER MANAGER,LLC, a Virginia limited liability company Its Manager By: e/C4...„___ Louis S. Haddad, Manager Date: I 1^Il A , 2019 S:\Clients\6407\021\Encroachment\Disclosure Statement-Signature Page.docx 4� e E} >lt APPLICANT'S NAME Town Center Associates 9, L.L.C. 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 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 4 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 rOR CFIN USE ONLY/�,I discios Arcs oust`rya tacdatod Issc =?w'eaFs,pric,r to dry Page 1 of 7 Pia ii{11I1_.Comfil is ooii dtid l_it. CoLii;r,ii eta, tli-T o tlairis to tt1a ,!.';: icatlon,,$) O APPLICANT NOTIFIED OF HEARING h O NO CHANGES AS OF ^„',TF ▪ REVISIONS SUBMITTED ;i1.TF g\B 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: 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 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 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. (A) List the Property Owner's name:Zeiders American Dream Theater If an LLC, list the member's names: Page 2 of 7 "NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Michael Zeiders (Chair) Bryan Kidd (Director) David Whitted (Director) John Ickes (Secretary) Joel Rubin (Director) Martha McClees (Director) Morgan Davis (Director) Jim Spore (Director) Neil Rose (Director) Christopher Hanna (Director) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) NA "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. 4 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 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) nAccounting and/or preparer of your tax return (� Architect / Landscape Architect / f Land Planner Contract Purchaser (if other than uthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed E. purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nConstruction Contractors nE Engineers / Surveyors/ Agents Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Willcox& Savage, P.C. 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 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 INB 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_ --`.� Michael D. Zeiders, Chairman qchq SIGNATURE PRINT NAME DATE Page if of 7 Virginia Beach APPLICANT'S NAME Town Center Associates 9, L.L.C. 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 Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. 41 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). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE. • REVISIONS SUBMITTED DATE: Virginia Beath Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Town Center Associates 9, L.L.0 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. @ 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:City of Va. Beach Dev. Authority* If an LLC, list the member's names: (*a political subdivision of the Commonwealth of Virginia) Page 2 of 7 ems: Virgirna Beach --- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached Exhibit A (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 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 OWNER Virginia Beach.. YES NO SERVICE PROVIDER(use additional sheets if needed) I I ® Accounting and/or preparer of (internal) I I your tax return n ® 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) 111 ® Construction Contractors Engineers/ Surveyors/Agents Kimley Horn Financing (include current LI ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services (internal) 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 W.! 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 Applic ion. G� 4/ Dorothy L. Wood, Chair SIGNAT PRINT NAME DATE Page?of 7 EXHIBIT A—DISCLOSURE STATEMENT FORM Applicant/Owner: City of Virginia Beach Development Authority Commissioners: Bernd, David Brunke, William Chiazor,Nneka Franklin, W. Taylor Morgan, Penny Mueller, Peter Murphy, Lisa(Secretary) Salle, Charles (Vice Chair) Standing, Michael J Strange, Joseph (Asst. Secretary) Wood, Dorothy(Chair) c �667777 4- A.,„., 4iii CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $58,836 from the U.S. Department of Homeland Security to Provide Training Needed to Respond to Emergency Situations Requiring Marine Search and Rescue Activities and to Transfer Funds for a Match MEETING DATE: October 15, 2019 • Background: In October 2018, the Virginia Beach Fire Department applied for grant funding provided by the U. S. Department of Homeland Security's Grant Programs Directorate FY 2018 Assistance to Firefighters Grants Program. The City was notified this September that the grant application was approved in the amount of$58,836. • Considerations: The funds provided will be used to provide 24 hours of training to 80 firefighters that meets specific National Fire Protection Association Swiftwater Rescue Training Standards. A condition of accepting the award is a required local match of $5,868. The total approved project cost is $64,704. The department plans to utilize State Aid to Localities (ATL) grant funding to meet this match, which is an allowable expense under ATL guidelines. The grant funding period is September 13, 2019 - August 13, 2020. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ` 7 v City ManagerL- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $58,836 FROM THE U. S. DEPARTMENT OF 3 HOMELAND SECURITY TO PROVIDE TRAINING 4 NEEDED TO RESPOND TO EMERGENCY 5 SITUATIONS REQUIRING MARINE SEARCH AND 6 RESCUE ACTIVITIES AND TO TRANSFER FUNDS 7 FORA MATCH 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 1. $58,836 is hereby accepted from the U. S. Department of Homeland Security 13 and appropriated, with federal revenue increased accordingly, to the FY 2019- 14 20 Operating Budget of the Fire Department to provide 24 hours of training that 15 meets National Fire Protection Association Swiftwater Rescue Training 16 Standards to 80 firefighters. 17 18 2. $5,868 in State Aid to Localities are hereby transferred within the Fire 19 Department's FY 2019-20 Operating Budget to provide the required local 20 match. 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: (\k'n j,jp �J -! Budget and Management Services City Attorney's Office CA14897 R-1 September 25, 2019 r `�. , �Y .y `mow CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate $47,175 in Port Security Grant Funds from the U. S. Department of Homeland Security to Support the Fire Department Marine Team and to Transfer Funds for a Match MEETING DATE: October 15, 2019 • Background: The City was notified that the Port Security Grant application submitted by the Virginia Beach Fire Department ("VBFD") to the Department of Homeland Security was approved in the amount of $47,175. The funds will allow the Marine Team to safely respond to incidents within the United States Coast Guard Sector Hampton Roads area of responsibility. The Marine Team is responsible for assisting with response and recovery duties for maritime emergencies. • Considerations: The funds provided will be utilized to add a sonar to one of the VBFD's fireboats and to update radar and mapping capabilities on all three of the VBFD's fireboats. A condition of accepting the award is a required 25 percent non-Federal funds cost match of the total approved project costs of $62,900. This match is $15,725. The department plans to utilize State Aid to Localities (ATL) Grant Funding to meet this match, which is an allowable expense under ATL guidelines. The performance period for this grant is September 2019-August 2022. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval -7 Submitting Department/Agency: Fire Department 1_7', City Manager' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $47,175 IN PORT SECURITY GRANT FUNDS FROM 3 THE U. S. DEPARTMENT OF HOMELAND SECURITY 4 TO SUPPORT THE FIRE DEPARTMENT MARINE 5 TEAM AND TO TRANSFER FUNDS FOR A MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $47,175 is hereby accepted from the U.S. Department of Homeland Security 11 and appropriated, with federal revenue increased accordingly, to the FY 2019- 12 20 Operating Budget of the Fire Department for the purchase of sonar 13 equipment for one fireboat and mapping equipment for all three of the 14 department's fireboats. 15 16 2. $15,725 in State Aid to Localities funds are hereby transferred within the Fire 17 Department's FY 2019-20 Operating Budget to provide the local match. 18 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: Ais 1142 Bud. -t and Management Services ttor ey's-urtice CA14899 R-1 September 25, 2019 cKu sue. $l. 1 I s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $150,000 in Funds from the Commonwealth for the Crisis Intervention Team Conference and Training Symposium MEETING DATE: October 15, 2019 • Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) annually holds a Crisis Intervention Team (CIT) Program Conference and Training Symposium. The CIT Program is an interdisciplinary, collaborative, community program that enables law enforcement to more appropriately respond to situations involving individuals with symptomatic behavioral health issues. Studies show that CIT-trained officers identify individuals who need psychiatric care and are 25% more likely to transport those individuals to a psychiatric treatment facility than other officers. As a result, individuals diverted through CIT and other programs receive more counseling, medication, and other forms of treatment than individuals who are not diverted. This Symposium is designed to support, share, and enhance the capabilities of CITs throughout the Commonwealth. DBHDS has decided to hold the 2020 CIT Conference and Training Symposium at the Virginia Beach Convention Center. • Considerations: As the local Community Services Board, the Virginia Beach Department of Human Services will act as the fiscal agent for DBHDS for the event. As the fiscal agent, the City, through the Department of Human Services, will be the responsible party for contracts for the conference and make all payments. DBHDS will, however, maintain responsibility for coordinating technical and logistical aspects of the training. In order to facilitate its role, DBHDS will provide a $150,000 lump sum to the City to be used for conference expenditures. Additional funds will be provided by DBHDS should conference costs exceed the initial award. No City General Funds will be used to support this endeavor. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services , City Manager: r ; 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $150,000 IN FUNDS FROM THE COMMONWEALTH FOR 3 THE CRISIS INTERVENTION TEAM CONFERENCE AND 4 TRAINING SYMPOSIUM 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $150,000 from the Virginia Department of Behavioral Health and Developmental 10 Services, Office of Forensic Services, is hereby accepted and appropriated, with revenue 11 from the Commonwealth increased accordingly, to the FY 2019-2020 Department of 12 Human Services Operating Budget for expenditures related to the 2020 Crisis 13 Intervention Team (CIT) Conference and Training Symposium. 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: 0 Jf yA / Budge and Management Services tot ey's Offce CA 14903 R-1 October 2, 2019 i "t .. -AtE5...: ki4,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Surplus Funding from the Virginia Department of Transportation to Capital Projects # 2-300, "Traffic Safety Improvements III" and # 9-276, "Cape Henry Lighthouse Restoration II" MEETING DATE: October 15, 2019 • Background: The Transportation Alternatives Set-Aside Program is a federally authorized, state managed funding source that is intended to assist local sponsors fund projects that improve cultural, historical, and environmental aspects of transportation infrastructure. Projects funded under this program focus on providing pedestrian and bicycle facilities and community improvements. At times, the Transportation Alternatives Set-Aside Program has excess funds, which are then disbursed to eligible projects throughout the Commonwealth. These transfers are proposed by the Commissioner of the Virginia Department of Transportation and, should they exceed certain monetary thresholds, must be ratified through a formal resolution by the Commonwealth Transportation Board (CTB). On September 18, 2019, at their monthly meetings, the CTB approved a monthly report detailing transfers of allocated funds. Included in this report were two transfers of excess funds for projects in Virginia Beach. • Considerations: As part of the Allocation Transfer Report, the CTB authorized the transfer of $133,212 in surplus Statewide and District Transportation Alternatives Program (TAP)funds to Greenwell Road Sidewalk(a sub-project of CIP#2 —300, "Traffic Safety Improvements III") and $8,289 in surplus Statewide TAP funds to CIP # 9-276, "Cape Henry Lighthouse Restoration II." Both are completed projects and therefore the receipt of$141,501 in federal reimbursements will be used to offset previously expended local funds. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Location Maps (2) Recommended Action: Approval Submitting Department/Agency: Public Works L City Manager:: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION TO CAPITAL PROJECTS # 2-300, 4 "TRAFFIC SAFETY IMPROVEMENTS III" AND # 9-276, 5 "CAPE HENRY LIGHTHOUSE RESTORATION II" 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $133,212 in federal pass-through surplus Transportation Alternatives 11 Program revenue is hereby accepted from the Virginia Department of Transportation and 12 appropriated, with federal revenues increased accordingly, to CIP #2-300, "Traffic Safety 13 Improvements III" for the Greenwell Road Sidewalk sub-project. 14 15 2. $8,289 in federal pass-through surplus Transportation Alternatives Program 16 revenue is hereby accepted from the Virginia Department of Transportation and 17 appropriated, with federal revenues increased accordingly, to CIP # 9-276, "Cape Henry 18 Lighthouse Restoration II." 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 the of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: VI& Budg t and Management Services y torn y's Office CA14902 R-1 October 2, 2019 .4k .-SITE WE •,6.0:' sy\o‘ C?.-, .., 0". z ,! .......6.63,■'-‘-',.., CAPE HENRY LIGHTHOUSE 'c', 4111111111 < . ., .7.., , 0 -_, 0 • ...„,, - I - 4;/ L A -IN - -- i r 7 I:- cr-,- ,e? --'. rkr. - . • -,--, • M.P: . • ,..;-- -'C° --,Z, '• Q \ --..-„, .. t. ------'71- 11 4-;-,_ -- . ,-,„, \ .4, ,ne,./ >•,.7 1k9P/'-''''''1- 441 '° -'-*..'k'''*c-''"----,,,, Q *-k•el,t.)1;1 . _ . . -:, --4.„-P . ''''4°4- 'N (1-.,'.24'-',,,,,,4,,,.: ,,,<,,•.% N---.,.. .)' •- ., /)., ‘'"'' • ,\ f,-.,--. 4, e c , -:, 1 • -Tk # 1 - . 1 c<•,. • . : 44 's..,\i,• ,-- A CoAsT --- . . e . • , ,-''',,,fe itt -....) - WI-11AX , ..-:..-- '' \ N.,:,____,,,' k ,.• - , _ •,__s:i 1 , ,., I • :3 -,t- -< '70 ts , ...., ...., , \ ..., ,---- '-',,-•. c \ - -,,,------.\ \ * "'. tttriv-61-1-:-.- 0 r-•••':-,...v.i-V.-., - ....•I'Vt,Eva. trilitimita TIP .,-"':?sa -- :- w----i-trolto , ''"'. viii114 ..Aiwit:.• sit _,-----=-- LOCATION MAP CAPE HENRY LIGHTHOUSE RESTORATION mil Feet Prepared by P.W./Eng./Eng.Support Services Bureau 8/9/2017 0 500 1,000 2,000 X:\CADD\Proiects'ARC Files\AGENDA MAPS\Caoe Henry Liahthouse 0 c CI N tr ra.,,. . _iL-, . t„,x:,:„..„ ifIlli,',- - c S �'IIS^L� s y '` "NU/Ike +a Y ire® 4 -- • , s KI o� S /----- ,',r -DR Greenwell Road Shared-Use Path/Sidewalk r SND ..� iiv , 7 r — i .o -� lila ECM 1 f t 1' f 1, L � 1110 , ,_,-- ' * 1 I•Illi k._ cicykiviv_0,0\1 (\:- - Z 4. 6 Aim, , , ,_ ., , 4 / , , ii,,, ,,,,,,. , siii, ./44 : / 41 , ,, \ , , _,-rimi_ --=:- _ijoi, '- . yr L , / __3 poes ,,,_,,i_lii.. cli_____II iii, \ - e-si. _ * \ ,_ Fr i-i-s--„..-.i______ _—i i_ii_-1 LORD 1J1-0W_O. ,,,E , -t— ,__- -\-_-, ,- _ \ -A1..,, -r v iii tt t �, ir Ati‘' ,,f, ,--,DE ..-cr_ ,_ , ,_ , J , ' - ‘-- -0 RD A _ i II l_ 1 FIRSTCOURT RD `^ _ i.l-__- s - t [_: r- 1111111 - 1- C.- GL--- 1.--1'- �- CHURCH ONT_RD T PL CHURCH PDIN -V. (___ r f 1 - , f ,„,„ `��� - LOCATION MAP _ __ _ z , " �� r-r Greenwell Road CURTI Shared-Use Path/Sidewalk �- S S DR [ - _, s; Feet 'Ore are )5y P. VEn .En. servi a y 0 /19 3 r <�, 0 200 400 800 X\r.Af)f)\Prniartc\ARC.FilAc\AC,FNflA MAPS\TAP nrniertc\C,raPnwall Rnari\C,raanwPll Path R Siriawalk Portrait mxri f —,-,i 8(fC% T1 a' CITY OF VIRGINIA BEACH ‘•, AGENDA ITEM J ITEM: An Ordinance to Transfer $1,000,000 from Capital Project 2-418, "Indian River Road / Kempsville Road Intersection Improvements" to Capital Project 2-126, "Laskin Road Phase I-A," and to Amend Programmed Funding in Capital Project 2-418 MEETING DATE: October 15, 2019 • Background: The Congestion Mitigation and Air Quality (CMAQ) program is a federally authorized revenue source that provides funds to state and local government transportation projects designed to achieve the requirements of the Clean Air Act. Projects funded with CMAQ money are intended to reduce congestion and improve air quality. CMAQ funds, which are 80% federal and 20% state, are allocated on a competitive basis by metropolitan planning organizations. For the City of Virginia Beach, this means that CMAQ funds are awarded by the Hampton Roads Transportation Planning Organization (HRTPO). Allocations are awarded annually but are done for the final year in the next Virginia Department of Transportation (VDOT) Six-Year Improvement Program. Thus, annual CMAQ allocations are often programmed years prior to being received by the City. The CMAQ program does not require a local match. In 2011, HRTPO allocated $1 million ($800,000 federal and $200,000 state) in future CMAQ funds to the City for the First Colonial Road / Laskin Road Intersection Improvements project. Later, this allocation was scheduled for FY 2021. Since then, the scope of these intersection improvements was included in "Laskin Road Phase I-A Project" (CIP # 2-126). The Laskin Road Phase I-A Project is managed by VDOT, and the City participates with local funding. On December 11, 2018, the Council approved a transfer of funding to allow VDOT to advertise for construction. As a part of that agenda, the Council received details of the City's portion for the Laskin Road Phase I-A Project, including the use of CMAQ funds in the amount of$1 million in FY 2021. VDOT has subsequently determined that the First Colonial Road / Laskin Road's CMAQ status does not carry over and grant the entire Laskin Road Phase 1-A project CMAQ eligibility. To avoid returning the funds to the CMAQ reserve account, the City has requested that HRTPO transfer the FY 2021 $1 million allocation to another eligible CMAQ project. The best approved CMAQ project alternative available is CIP # 2-418, "Indian River Road / Kempsville Road Intersection Improvements." The City's transfer request was approved by HRTPO at their September 19, 2019 meeting. A letter providing this approval is attached. ■ Considerations: The "Indian River Road / Kempsville Road Intersection Improvements" (CIP # 2-418) project is currently under construction. Based on the construction contract amount and the remaining activities, this project can withstand a reduction in local funding this fiscal year with the expectation that the FY 2021 CMAQ funds will be provided as part of the next CIP Budget Process. The Laskin Road Phase I-A Project requires the $1 million in the current fiscal year, so the attached ordinance makes the transfer of local funding, which is a result of the VDOT determination that CMAQ funds are not eligible for this project. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Maps (2); Letter from HRTPO Recommended Action: Approval Submitting Department/Agency: Public Works 1.--0 City Manager: L 1 AN ORDINANCE TO TRANSFER $1,000,000 FROM 2 CAPITAL PROJECT 2-418, "INDIAN RIVER ROAD / 3 KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS," 4 TO CAPITAL PROJECT 2-126, "LASKIN ROAD PHASE 1-A," 5 AND TO AMEND PROGRAMMED FUNDING IN CAPITAL 6 PROJECT 2-418 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA THAT: 10 11 1. $1,000,000 in local funding is hereby transferred from CIP # 2-418, "Indian 12 River Road / Kempsville Road Intersection Improvements to CIP # 2-126, 13 "Laskin Road Phase 1-A," in the FY 2019-20 Capital Improvement Program. 14 15 2. The programmed funding for CIP # 2-418 in the City's Capital Improvement 16 Program shall be amended to provide $1,000,000 in FY 2020-21 from 17 Congestion Mitigation and Air Quality Programs funds. 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: Budget d Management Services ttorney's Office CA14901 R-1 October 2, 2019 _ 1 N 0L ØI, y SITEitAik cn�: ( ' W E i, f0 1110* 11 t11tF- W1 ➢G : ' 014 601111 le . lip " -ga `� II ' ,,- itlii 4/1 ;moil _ � =It c'- Or / ,., 4 / � DA NE __, ____:, ....,, RD fiil a > O ®\-- \ aram 111 lik isk , 1 7?,---) ___, s oi i ) , giti..4A laid \ iite \--- -----\`',--`-; \P•\•-- 11,00.____3_/-4A, / i is - __., ....... \t. -r74 _,--C--'—'- .ir siw. . 41. ' - L -„ , ,, ;;;Jil :' iI' AO ` r 'I `111A- .° O oll _.``�� 1 Z ®-•. .. _..,. .�p�� gag tglil 111 III IA r wii„,,,,w.,...10, wiomilliliaillo . r rig* r— falli'Ott. % osiralligpimik 91r r0lit F .A a liii III.13cr. WO Ili "111111111111:ii II t . . _ ISO lag 01011111 III 1111 - lik 11111 -**CI.,A r264 R 1Or 41 �■ 01.11 IAg-fie VO 4 r4 OLD 11111 0 NI idi NI ce 0 7. ( 01 E.211®11 C I -- a w"0 ' � w - -O�III■ IIIiflilli�E Its ®I® ®® ��. 11 IR X ®MIMI tms!mm - g�.C'IS s a ! ® ® 111i�lLi.Ih�llIr ®_ [ 111 GINIA BEA 11111 - �i , p - w _ w v ` a gRDE N D z wf I`- J w 73 �i � v~j 1 Li. ., I- z' ARTOW PL ail 3 in z ` LOCATION MAP GO DR = z r t-7 • {� INDIAN CIP 2-126 m - 1 s!% LASKIN ROAD PHASE I-A , , .9 i ri � Z �` E 0 400 800 1,600 t 1-� I O Feet i i i I i I I r l I 1 --I Prepared by P.W./Eng./Eng.Support Services 9/12/19 X:\CADD\Projects\ARC Files\AGENDA MAPS\Laskin Road Phase II CIP 2-126 Illja11111, N;1‘100bk , vt P .ig Kk y NO P W E tO �� :li41a rti Iv: ,,'_,S. 4 11)r -.14,40d=r____ MI S _ tom/"�1 .' S 1110111111111111. titto.0 Iii \r`t 4)A4.4 4 1 V•44,ViP # 4 I. FoRp h uf It* Alp ,44,1,aii v� 1111111111 r 4P **I 4 m ♦ qN, 4*41, q • z � FR � FSrF v )4, .., r 41111 0 - .. R W "di ir /4 .e, /--, ' A AT 4-4 .11* t1I* ! % • a k,' /"114* / 4P LOCATI N M O AP I CIP 2-418 ' INDIAN RIVER ROAD/ sA KEMPSVILLE ROAD �'' INTERSECTION IMPROVEMENTS 0 150 300 600 I Feet Prepared by P.W./Eng./Eng.Support Services 9/12/19 X:\CADD\Projects'ARC Files\AGENDA MAPS\Indian River-Kempsville the heartbeat of H NIPTONTp0 RODS THOMAS G.SHEPPERD,JR.,CHAIR,JOHN L.ROWE,VICE CHAIR TRANSPORrAT ZON PLANNING ORGANIZATION RORERT A CREW✓R,EXECUTIVE DIRECTOR September 19, 2019 SEP 19 2019 Mr. ChristopherG. Hall, PE MAILED Hampton Roads District Engineer Virginia Department of Transportation 1700 North Main Street Suffolk,VA 23434 Re: Hampton Roads FY 2018-2021 TIP Amendment-UPC 102972 and UPC 84366 Dear Mr. Hall: This is to certify that the Hampton Roads TPO, at its meeting on September 19, 2019, approved an amendment to the HRTPO FY 2018-2021 Transportation Improvement Program (TIP) to transfer Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding from one cancelled project to another CMAQ eligible project, as requested by the City of Virginia Beach. This amendment was made available for public review and comment from August 28, 2019 through September 11, 2019.The specific transfers are described below: • First Colonial Road/Laskin Road Intersection Improvements (project to be cancelled), UPC 102972 o Transfer FY 2021 CMAQ allocation of$800,000,plus$200,000 State match, to project UPC 84366. • Indian River Road/Kempsville Road Intersection Improvements, UPC 84366 o Receive FY 2021 CMAQ allocation of$800,000, plus$200,000 State match, from project UPC 102972. o Revise FY 2019 Local (LOC) allocation to be $10,000. o Remove FY 2020 LOC allocation of$254,121. These projects were included in the Hampton Roads FY 2018-2021 TIP and 2040 LRTP that received a conformity finding from the Federal Highway Administration (FHWA) on October 29, 2018. These projects were included as not being regionally significant; therefore, this TIP amendment does not require a new conformity determination. Attached are copies of the pages that have been revised in the FY 2018-2021 Transportation Improvement Program (TIP) to reflect this amendment. The complete TIP, as revised, may be accessed at www.hrtpotip.org. THE REGIONAL BUILDING •723 WooHLAKE DRIVE • CHESAPEAKE,VIRGINIA 23320 •757.420.8300 • FAX 757.523.4881 Mr. Christopher G. Hall September 19, 2019 Page 2 Please advise me of any additional information you may need in regard to the foregoing. Sin r , , Robert A. Cru , r. Executive Di a for KG/nb Attachment Copy: Tom Leahy First Colonial Road/Laskin Road Intersection Improvements UPC# 102972 OVERVIEW ` , Description: Add a second westbound left turn lane. i 4 ,\ ) \1 i Street(Route): First Colonial Road 1 1 \F 4 fa� ,\� Virginias Length(mi): N/A 1�� ` Peach a c h 11t—' r \ Jurisdiction/Agency:Virginia Beach _a /`' ‘ , System: Urban -- �nsKiNso Scope:Safety/Traffic Opers/TSM -- ti — - Oversight:N/A �- <y ` \ \ c\ } Administered By: Locality � 1 Regionally Significant for Air Quality: No i 1 . CMAQ: Yes ` \4 J yid• I HRTPO Notes Revised 9/19/2019:Amendment to cancel project and transfer FY 2021 CMAQ allocation of$800,000,plus$200,000 state match to UPC 84366. SCHEDULE Start End Status Preliminary Engineering 10/1/2017 4/1/2018 Complete Right of Way 4/1/2018 8/1/2018 Complete Construction 8/1/2018 9/1/2019 Complete COSTS AND EXPENDITURES Recent Expenditures Total Percent Previous 3 Quarters Cost Estimates Expenditures Expended Latest Quarter 3 2 1 Preliminary Engineering 100 000 0 0% 0 - - - Right of Way 75 000 0 0% 0 - - - Construction 825 000 0 0% 0 - - - TOTAL $1,000,000 $0 0% ALLOCATIONS Fund Source(s) Previous FY2018 FY2019 FY2020 FY2021 TOTAL STM I $0 $0 $0 $0 $0 $0 CMAQ $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $0 $0 fi AlPTONT1p0 -44- -- RO EIS .� -fa __..r '7k•NtM]+TAIflAPL A.YtONGWWNRAflfMt First Colonial Road/Laskin Road Intersection Improvements UPC# 102972 SCHEDULED OBLIGATIONS Phase Fund Source(s) Previous FY 2018 FY 2019 FY 2020 FY 2021 Match PE AC-Conversion $80,000 $20,0001 PE AC _ $80,000 $20,000 Subtotal. .._ _ 180,0001 I I $80,0001 $40,000 RW 1 AC-Conversion $60,000 $15,000 RW AC $60,000 $15,000 Subtotal) I. $60,000 11_, I $60,000 $30,000 I CN I AC-Conversion I r. $660,000 $165,0001 I CN I AC I I $660,000I I I I $165,000 Subtotal 1 $660,0001 I I $660,0001 $330� TOTAL $800,000 $800,000 $400,000 Source of Project Data:Virginia Department of Transportation. —. H l€TPTUN1 p _ -� ,' 7kAt1'.aPORiATIUAi p/.4,IMMr OlGAN,lATN%( �_,,. ,. Indian River Road!Kempsville Road Intersection Improvements UPC# 84366 OVERVIEW .- `---, ,n' /C''t Description: Construct improvements at the intersection Yi1 ` ` l .— ,1 of Indian River Rd and Kempsville Rd(Rte ; j `, 1 1 1 t-- _. }-' 190) vi44, 1- `F 1 1 I Street(Route): Indian River Road(407) RO i Length(mi): N/A / �' ``5 -,7 ii-- ) `^�-.. i Y ,. \L f Jurisdiction/Agency:Virginia Beach —I n l t, t § i r c F r a �, t .F i.e f System: Urban /.t,• ,,A, Scope: Reconstruction w/o Added Capacity -. ~'`� r-�1— I f Oversight:Non-Federal Oversight _ \� ,, ,•.. i/-;?,,,,, mr - Administered By: Locality .,f✓ —I _ t d, �,�7 t Regionally Significant for Air Quality: No 1 / / . CMAQ: Yes %.• °• '� ,' f I. RSTP: No r` `j HRTPO Notes Revised 3/15/2018:Amendment to revise cost estimate and update the allocations as follows:Receive transfer of$520 FY 1996 CMAQ from UPC 16106;$202,566 FY 1999 CMAQ from UPC 18970;$288,217 FY 1999 CMAQ from UPC 19005;$1,140 FY 2005 CMAQ from UPC 52355;$909,469 FY 2009 CMAQ from UPC 95983.Add$350,478 CMAQ 20%match as Local Match from Virginia Beach. Revised 8/28/2018:Administrative Modification to update allocations and obligations. Update allocations as follows: remove FY Previous BOM allocation of$727;revise FY Previous CMAQ allocation to be$14,121,153;add FY Previous Urban allocation of$2,101,107;revise FY Previous LOC allocation to be$3,126,556;add FY 2018 LOC allocation of$23,693;add FY 2019 LOC allocation of$755,879;add FY 2020 LOC allocation of$254,121;revise FY Previous LOM to be$245,665. Per the Virginia Beach FY 2019-2024 Capital Improvement Program,the$350,478 Local match from the 3/15/2018 Amendment was included in LOC,not LOM. Update obligations as follows:remove FY Previous PE Phase obligation of$246,393 AC-Conversion;add FY Previous PE Phase obligation of$960,000 CM,plus$240,001 state match;add FY Previous RW Phase obligation of$11,758,647 CM,plus $2,939,663 state match;remove FY Previous CN Phase obligation of$6,900 STP;remove FY Previous CN Phase obligation of $3,081,459 CM;remove FY Previous CN Phase obligation of$3,361,641 AC;remove FY 2018 CN Phase obligation of$1,833,143 AC; revise FY 2018 CN Phase CM obligation to be$85,760;revise FY 2018 CN Phase CM state match obligation to be$21,440;add FY 2018 CN Phase obligation of$7,215,539 AC-Other.Revised 9/19/2019:Amendment to update the allocations as follows:Revise FY 2019 LOC allocation to be$10,000;remove FY 2020 LOC allocation of$254,121;receive FY 2021 CMAQ allocation of$800,000,plus $200,000 state match,from UPC 102972. SCHEDULE Start End Status Preliminary Engineering 8/8/2008 7/21/2013 Complete Right of Way 7/21/2013 1/17/2016 Complete Construction 5/1/2018 N/A N/A COSTS AND EXPENDITURES Recent Expenditures Total Percent Previous 3 Quarters Cost Estimates Expenditures Expended Latest Quarter 3 2 1 Preliminary Engineering 1 200 000 1 195 610 100% 62 618 259 535 210 056 938 Right of Way 7 600 000 6 637 072 87% 1 046 733 2 552 641 2 086 515 49 Construction 14 313 848 9 408 0% 9 408 - - - TOTAL $23,113,848 $7,842,090 34% M'RfPTON , , RO105 : t.r •.: 7 AAeIO4TAT',ON P1.A#NlMi OlOA,Q21TI6M "'Y« ^ ., , _. _ - Indian River Road/Kempsville Road Intersection Improvements UPC# 84366 ALLOCATIONS Fund Source(s) Previous FV 2018 FY 2019 FY 2020 FY 2021 TOTAL STM $2,486,578 $0 $0 $0 $200,000 $2,686,578 WC $3,126,556 $23,693 $10,000 $0 $0 $3,160,249 LOM $245,665 $0 $0 $0 $0 $245,665 CMAQ $14,121,153 $0 $0 $0_ $800,000 $14,921,153 Urban $2,101,107 $0 $0 $0 $0_ $2,101,107 TOTAL $22,081,059 $23,693 $10,000 $0 $1,000,000 $23,114,752 SCHEDULED OBLIGATIONS Phase Fund Source(s) Previous FY2018 FY2019 FY2020 FY2021 Match PE I CM I $960,000I I I I $240,001 Subtotal $960,000I I I I I $240,001l RW I CM I $11758,647I I I _I $2,939,663 Subtotal S11,758,6471 I I I $2,939,663 CN I AC-Other I I $7,215,5391 I I CN I CM I $85,7601 I I $21,440 Subtotal $7,301,299 $21,4401 TOTAL $12,718,647 $7,301,299 $3,201,104 Source of Project Data:Virginia Department of Transportation,411 A Wilt-VT i'-' '-- ,v'v'', 4- 7x ...n,x..n,n I'�.nxrnc Oacxnrxhnon r_ ,— " L. PLANNING 1. ANTHONY P. & KELLY LYNN SPERA for a Conditional Change of Zoning(0-2 Office to Conditional A-12 Apartment) re construction of 240 square foot accessory structure at the Northern corner of Hinsdale Street, across from 520 Constitution Drive DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 2. HALLE PROPERTIES, LLC/PCS HILLTOP,LLC, HILLTOP SQUARE INVESTORS, LLC & TRISIB HILLTOP, LLC for a Conditional Use Permit re automobile repair garage at 1657 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. SAIR ENTERPRISES, INC. for a Conditional Use Peiinit re motor vehicle sales at 3096 South Lynnhaven Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. HR KEMPSRIVER, LLC/ BONNEY'S CORNER ASSOCIATES for a Conditional Use Permit re indoor recreation facility at 1205 Fordham Drive DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 5. THE GLAM LIFE BEAUTY BAR, LLC/MI HR HAYGOOD, LLC for a Conditional Use Permit re tattoo parlor at 4663 Haygood Road, Suite 207 DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. DAVID & CAROL HAWKINS for a Conditional Use Pelinit re residential kennel at 2125 Tennyson Court DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL .�c�'°�cb 6. ,,,,,, 4 _ _,,,, ,..,tin T.to,k. - a 61 a4:.44��'AC{ ,k�J aye 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, October 15, 2019 at 6:00 p.m., at which time the following applications will be heard: The Glam Life Beauty Bar,LLC[Applicant] KH HR Haygood LLC [Owner] Conditional Ose Permit(Tattoo Parlor)4663 Haygood Road, Suite 207 (GPIN 1478369360) COUNCIL DISTRICT-BAYSIDE David&Carol Hawkins[Applicant&Owner] Conditional Use Permit (Residential Kennel) 2125 Tennyson Court (GPIN 2414471685) COUNCIL DISTRICT - PRINCESS ANNE Halle Properties, LLC [Applicant] Hilltop Square Investors,LLC[Owner]Conditional Use Permit (Automobile Repair Garage) 1657 Laskin Road (GPIN 2407885721) COUNCIL DISTRICT-BEACH SAIR Enterprises,Inc.[Applicant&Owner] Conditional Use Permit (Motor Vehicle Sales) 3096 S. Lynnhaven Road (GPIN 1497107039)COUNCIL DISTRICT-BEACH Anthony&Kelly Lynn Spera [Applicant& Owner] Conditional Rezoning(Conditional 0-2 Office District to Conditional A-12 Apartment District) Northern corner of Hinsdale Street, across from 520 Constitution Drive (GPIN 1477580534) COUNCIL DISTRICT-BAYSIDE HR Kempsriver, LLC[Applicant] Bonney's Corner Associates[Owner]Conditional Use Permit(Indoor Recreation Facility) 1205 Fordham Drive (GPIN 1465392458) COUNCIL DISTRICT-KEMSPVILLE 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: htto://www.vbgov.com/pc. For information call 385-4621. 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:SEPTEMBER 29&OCTOBER 6, 2019-1 TIME EACH 1. M. ..._, 1 .11 \_- \ -\\I: . es-. .. - /.®,..) is...„ , ,z, . 0�, t, ___.......____ „II: . ., as4- ,� � .1 .C 4 J i f �N o . t- i. ' d > ,_ ? 4.• - `- I in Cl)/i ai t c- c , 1,. —1 ,.... .. _ -I,\ 4-,_ ...._ , , i . ,c ___ \'CSI \1/4 CD [___ LH 0 . - - T---------- -- On L C,OCIStItti C (.) p p L .0 L.,. �- O i 0 I \\\ Z (TS . il i ', \\II\\ 0 1 4 I-I - - - J v c u) rV fl CO , , 1.fi I s�i%% <i, tJ CITY OF VIRGINIA BEACH \ AGENDA ITEM 1 ITEM: ANTHONY P. & KELLY LYNN SPERA [Applicant & Owner] Conditional Change of Zoning (0-2 Office District to Conditional A-12 Apartment District) on property located in the northern corner of Hinsdale Street, across from 520 Constitution Drive (GPIN 1477580534), COUNCIL DISTRICT — BAYSIDE MEETING DATE: October 15, 2019 • Background: In 1987, this 0.21-acre site was rezoned from A-1 Apartment District to 0-1 Office District and proffered that "No buildings of any nature shall be constructed on the site." In 1988, the City completed a comprehensive zoning change and rezoned the property to 0-2. The applicants acquired the undeveloped property in 2017 and are now seeking to rezone it to Conditional A-12 Apartment District and incorporate it into their adjacent property. The proffers proposed with this rezoning limit the development of the property to the construction of a 240 square foot accessory structure, which is intended to be a playhouse for their grandchildren. It will not be a dwelling unit and is proffered as such. • Considerations: The request to rezone the property to Conditional A-12 Apartment District is consistent with the adjacent zoning of properties to the north, and will be compatible with the residential character of the surrounding area. Also, due to the the small size and odd configuration of the property, the buildable area of the site is rather limited; therefore, merging the parcel with one of the adjacent lots is a preferred use of the property. In addition, when Hinsdale Street was constructed, portions of the cul-de-sac were built on the subject site. The proffer agreement requires the dedication of the area where this encroachment occurred in order to correct this error. The proposed rezoning will not result in an increase to traffic volume or have an impact on the essential public facilities, such as the provision of City water and sewer. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. Prior to the Planning Commission public hearing, Staff received two letters of opposition noting concerns related to diminished views of the nearby historic Pembroke Manor from their adjacent rear yards. In response to the one speaker at the hearing, the proffer agreement has been modified by the applicant to Anthony & Kelly Lynn Spera Page 2 of 2 require a dedication of a pedestrian easement for the benefit of neighboring properties. This easement will allow use of the applicants' property for rear yard access to the adjoing townhomes which will be for the placing trash receptacles at the right-of-way for pick up. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. • Attachments: Staff Report and Disclosure Statement Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department TV7 City Manager: d r 11, ABApplicant & Owner Anthony P. & Kelly Lynn Spera Agenda Item Public Hearing September 11, 2019 City Council Election District Bayside 5 Virginia Beach Request Conditional Rezoning (0-2 Office District to Conditional A-12 Apartment District) e4,0,. a �e'rM Heaewn Rood Q °ROl4 G� Staff Recommendation I p •0,.p,�a0c Approval / 1 I I , a I , .v s e F< I iv"` Staff Planner 0.06 ,nedate Street �i <c m c5 2 Hoa N. Dao S �eR e lyre GG b5 A I µnadak5(reet °a Z o Location e ` %S a �eP• N�NC . Northern corner of Hinsdale Street, across from 4V4' ue a� ° ` AVeq a YO.' C Leo 520 Constitution Drive ankh+ j 4 % go GPIN o $ - 1 ° o a,ee��e 1477580534 ./; P.° WINr Fogs Lwro C x O, Site Size Crown Poinl lane Sd 9432 square feet re AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped land /0-2 Office Surrounding Land Uses and Zoning Districts x IF North ' Townhouse/A-12 Apartment ,e,: ' S. l� ~, South 4 v. r ifr Hinsdale Street 1 • _ •'` . . _ Pembroke Manor/O-2 Office f " � _ r , East i ,. ii ; : Hinsdale Street Townhouse/A-12 Apartment \ 1 ' ` West y: r r ,{ r1�TA.'.-.'T'.n t., mow . Constitution Drive ti t g s ` Church, single-family dwellings/ R-7.5 — /III— - !% F�.: ' ` Residential Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 1 Background and Summary of Proposal • The applicants reside in the townhome adjacent to the subject parcel at 4465 Bennett Lane, on Site 6, Lot 8 of the Pembroke Park Plat. • In 1987, the subject site was rezoned from A-1 Apartment District to 0-1 Office District and proffered that "No buildings of any nature shall be constructed on "Parcel A"." • In 1988, the City completed a comprehensive zoning change for a majority of lots zoned 0-1 to 0-2. This parcel was one of the parcels that was affected by the 1988 zoning change. • The applicants acquired the undeveloped "Parcel A" in 2017, and are now seeking to rezone the subject site from 0-2 Office District to Conditional A-12 Apartment District and incorporate it into their property. • The proffers permit only the construction of a 240 square foot accessory structure (playhouse) and a four-foot high wrought iron fence. The proffers prohibit the construction of a dwelling on the property. J- '_ I T .._ I�r A-12i J li/// H>n84„,,, Zoning�— 1 -:-- '�°" History /° # Request �' / £ : - 1 CRZ(0 2 to B 2)Withdrawn 07/14/1993 r------ 1CRZ(A-1 to 0-1)Approved 09/21/1987 / _25 , . 15 E --M1_ A•1, ---Y Hinsdale Street A-12...,..----_.. 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 proposed rezoning from 0-2 Office District to Conditional A-12 Apartment District to be compatible with the residential character of the surrounding area. Due to the small size, triangular configuration, and the right-of-way encroachment of Hinsdale Street, the site is not large enough to be developed as a stand alone parcel; therefore, merging the parcel with one of the adjacent lots is the best use of the property.The rezoning exhibit shows a 12-foot by 20-foot single-story structure. This structure is intended to be a playhouse for the applicant's grandchildren. It will not be utilized as a dwelling unit and is proffered as such. In addition, the applicant has proffered to dedicate land to correct an error whereby portions of the Hinsdale Street were constructed on the applicant's property. Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 2 The proposed rezoning will not result in an increase to traffic volume or have an impact on the essential public facilities, such as water and sewer. Based on the findings detailed within this report, Staff recommends approval of this rezoning proposal subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Grantor as the owners of the adjoining Site 6, Lot 8, Plat of Pembroke Park with their home thereon ("Site 6"), must combine the Property with Site 6 by preparing and submitting a Resubdivision Plat to the Grantee's Development Services Center for recordation,which vacates the shared property line to create one (1) contiguous parcel.The Resubdivision Plat shall a-Ise contain a dedication of additional right-of-way along the north side of Hinsdale Street to the Grantee to incorporate the existing improved roadway, curb and gutter, and sidewalk within said right-of-way and the Grantor shall record a Deed of Easement creating a Private Pedestrian Ingress-Egress Easement from Constitution Drive for the benefit of Sites numbered 1 thru 5, Lot numbered 8, on that Plat entitled "Pembroke Park, M.B. 82, P. 30". PROFFER 2: No dwelling or other structure shall be permitted to be constructed or installed on the Property which is the subject of this rezoning except the 12' x 20' frame shed and a 4' high vinyl clad, wrought iron style fence as depicted on the "EXHIBIT OF VACANT LOT, GPIN #14775805340000, VIRGINIA BEACH, VIRGINIA PARCEL A PEMBROKE PARK M.B. 82, P. 30 FOR: ANTHONY SPERA", dated January 14, 2019, prepared by Gallup Surveyors & Engineers, Ltd. which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development ("Rezoning Exhibit"). PROFFER 3: The frame shed and fencing depicted on the Rezoning Exhibit shall have the appearance and use the materials substantially as depicted on the exhibit entitled, "Shed and Fence Details for Parcel A, Pembroke Park", dated May 1, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. PROFFER 4: 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: Staff has reviewed the Proffers listed above and finds them acceptable. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 3 attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Hinsdale Street No Data Available 9,900 ADT1 (LOS4"D") Existing Land Use Z—0 ADT Proposed Land Use 3-0 ADT Constitution Drive No Data Available 9,900 ADT'(LOS4"D") Existing Land Use z—0 ADT Proposed Land Use 3-0 ADT 'Average Daily Trips gas defined by an undeveloped 3 a s defined by an accessory structure 4 LOS=Level of Service lot Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Hinsdale Street and Constitution Drive are two-lane local streets.They are not included in the MTP. There are currently no roadway CIP projects planned for these roadways. Public Utility Impacts Water & Sewer The applicant's residence on Site 6, Lot 8 of the Pembroke Park Plat is served by City water and sanitary sewer services. The proposed rezoning site, "Parcel A," does not require water or sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on August 11, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, August 25, 2019 and Sunday, September 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 5, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, September 29, 2019 and Sunday, October 6, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on September 30, 2019. Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on October 11,2019. Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 5 REZONING EXHIBIT d tor8 v _ slE � N CD v� ° y LAJ II: Q� �� S 82'S0'27" E ' ti X in I ropos n a ed 5' Wide P _ 4' woo° tr O °Proposed `"•• edestrian�Ingress/E re (OTHERS) C5 Z :.:', 12' x 20' �' g .ss Easement GATE ' sZ A o. JAI 1,i r. • o' usse Q —1 0;r.` Playhouse 20 S/a Proposed N: C • - I __ / 4' Height . o� „ILR k Wrought 1NAccEssIBLE o O Iron Fence°. * ._-do� z1,. (s) 4 z ....• NI. .,,,,s, P4) -t1 .j 0 IV rri • ;,:->7 o) P1N(F) • 15• TREE .�.�. VIMIIr; �(/ gti 0 i::..:::,.!' ' : 1 r ,./Cb ((/ ( • / -- t0 4 • NaL(s) „\� 06 Z.......615. `e 92, �4`y6 Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 6 Proposed Playhouse Elevations N \ T.-...�.�_.��-__ `_ .__ ._._...:. sue. '! .5` 1. erfi 7 . , ,, -----r:-ti_......,---:---_..- a i,, r _ . ,I. 1 - - , 1 . ..._____...1 1 .: 1: -- - fI _. ..4 r__. I . JJj[ ! .F 1 i , !_.....,.._ , c , , , 1 . ... . , i ..„1 , ,, .............; ......,.,.. , , 1,.... , 4 i , ,..., ,«. ^+ram .+,..._ a: jjJi ea �--• x,: :Nit v I, i t i l . 1 d Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 7 Proposed Fence � al ' I ,!' ..—.i �' try Z* s;?:r ,t s',` •) 4'i .yip ,$ _ }"Cf - * 1:'?isr.r '�- -g.' t x i 3' _ X ( >f< {♦'1r: i :aye^ •,, - ' - Y a .- ",.,__',#t----"-•-,— 11-----.."".7— :i, ,jiiiiiiiiiitiiti ! !! • t` - _-_ .�.i' ..- i Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 8 Site Photos • • r fir." , 4 MC 4011b1 " f C/ 1Ae '!►. —'+shy vonamirms - _. • . ae- Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Anthony P. &Kelly Lynn Spera, husband and wife 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 I by City ; Property Conditions or Proffers Alternative 1 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 4 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 Plannin Commission and Cit Council meetin that pertains to the a .lication(s). O APPLICANT NOTIFIED OF HEARING DATE: E NO CHANGES AS OF DATE: D'/ ' 4/209 REVISIONS SUBMITTED 1_ DATE: Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 10 Disclosure Statement NA3 Virginia Beach 111 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Anthony P. & Kelly Lynn Spera If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. E 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 Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 11 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) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity 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 operatiny_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 Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 12 Disclosure Statement Nfi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) C n Accounting and/or preparer of I,\' your tax return 17 ❑X 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 purchaser of the subject property , (identify purchaser(s)and purchaser's service providers) j. Construction Contractors X ❑ Engineers/Surveyors/Agents I Gallup Surveyors&Engineers,Ltd. Financing(include current ❑ 7 mortgage holders and lenders � selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahem&Levy,P.C. l Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject ro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Foes an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development '/�I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Anthony P. & Kelly Lynn Spera Agenda Item 5 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 Application. n Anthony P. Spera A u NT'S St ATUR , PRINT NAME DATE i ie E11-�t /ii i )1?Pt.�_ _ f_ Kelly Lynn SRFt3._ Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property,please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Anthony P. & Kelly Lynn Spera Agenda Item 5 Page 14 Item#5 Anthony & Kelly Lynn Spera Conditional Rezoning(Conditional 0-2 Office District to Conditional A-12 Apartment District) Northern Corner of Hinsdale Street, across from 520 Constitution Drive District—Bayside September 11th, 2019 RECOMMENDED FOR APPROVAL - HEARD Ms. Oliver: All right, thank you. Okay, our next item is agenda item five, Anthony & Kelly Lynn Spera, an application for a conditional rezoning, conditional 0-2 office district to conditional A-12 apartment district on property located at the Northern corner of Hinsdale Street across from 520 Constitution Drive located in the Bayside District. Mr. Bourdon: Madam Chair for the record, Eddie Bourdon Virginia Beach Attorney representing Tony & Kelly Lynn Spera. The Speras are here with me this afternoon. A-frame is kind of a unique application and that was on consent. So I'll try to be brief. The request involves a separate parcel of land that was created on the original Pembroke Park subdivision Plat in 1969. And as you all know, staff is spot on with their evaluation in our opinion. This piece of property was owned by the folks who operated the school and the Pembroke Manor House, the Diminos and I am personally aware of the fact that they offered to convey this property to the city on more than one occasion. City had no interest in the property. The Spera who own and live in the house that shown on all the plans at the east end of the property there, Kelly Lynn's father owns two other units that one is directly adjacent and the one over site three. They live in one, the parents and her sister lives in the other and they've lived there for a long time. In fact, Tony has maintained this piece of property for since 2003, 16 years. The Diminos sold the property, the school was on Pembroke Manor House to some folks from out of the area, they may be out of the country and it's not being maintained at all. And the Speras purchased this piece of property from the Diminos who operated the Academy. They just simply want to maintain it, put in very attractive, open style wrought iron style fence around it as a yard. No trees will be removed whatsoever. There's a small playhouse 240 square feet. It's not a garage, nor is it a shed, is very attractive structure. You got this proffered that's all that can be done on the property. It's 12 x 20 feet. It's the height at the peak of A-frame roof is 14 feet. The one thing I want to point out if you can put the plan up there that's on page five of there we go and you know that the fence is all open style fence, we showed initially and this is going to change. 1 What we're going to do is, there are fences along the back of all these units. You can see,there is a cable TV box and then there's also a number of wall construction on that plank is the proposed 4-foot fence block that out. We're going to continue that wrought iron style fence coming all the way across seven feet where the cable TV pedestal is, seven feet off the existing fence line so that all of the units will have, you know, provide an easement. All of them will be able to get in and out of the back of their backyards where the fences are. This subdivision in 1969 was not done the way,they've been done since and frankly they stopped doing these single- family townhouse subdivisions a long, long time ago, they're all condos now. But the way they're typically done, the way they were done once somebody figured out that this was not the right way to do it,there's actually should be an easement across the back five feet of each of those sites up there where the townhomes are, and the fencing should be five feet inside the line, so everybody can get back and forth to the backyard with the lawn mower, weed wacker whatever the case may be, but that wasn't the way this was done. And so because the Speras recognize that issue when it was raised by Mr. Aguilar, we are going to continue the open style fence, but instead of going out and just tying into the existing wood fence, we're going to come seven feet off of the corner and come straight across so that there'll be a seven foot strip and it'll be visible. So it's not a policing issue like having two solid fences back to back. So you'll be able to see everything but that way each of the units will have the ability to get in and out of their backyard and will change that exhibit between now and when this goes to City Council, and with that one change, which will alleviate the issue of being able to get in and out of the back of the properties and set up a scenario that is what typically exists on the lights themselves not on this piece of property but because the Spera own three of the two that actually would be impacted by it. It makes good sense and they're saying they're good neighbors that said they've been maintaining this property for 16 years,they own the property, it is going to be re-subdivided, be a part of the residential lot, nothing else can be put on it other than this little playhouse, I will be happy to answer any questions. Mr. Alcaraz: I got. Ms. Oliver: Yes. Mr. Alcaraz: Mr. Bourdon so you're going to put an easement on a plat to show Ingress/egress or something like that? Mr. Bourdon: What they'll do is because it'll be the benefit of their units as well that they, but it'll be on this piece of property, but will be Ingress/egress setting up the kind of scenario that's been done, and once ever done correctly. Ms. Oliver: Who maintain the easement? 2 Mr. Bourdon: Well I'm sure that the Spera will maintain it because they're gonna be cutting the grass and they'll, two of their, Kelly Lynn's parents units will be beneficiaries of it as well. We may set it up so that we make the people who own those units do it but as I'm sure as long as Kelly Lynn's parents are there that Anthony will be cutting the grass because he likes to do that, does it for a living. Ms. Oliver: So, any other questions for Mr. Bourdon? Thank you will get back at you. Mr. Bourdon: Thank you. Ms. Sandloop:We have one speaker. Ida Schimmel. Ms. Oliver: Welcome. Ms. Schimmel: I'm here representing the Pembroke Manor Civic League. Y'all had questions about the Orange Signs when they went up. Good afternoon, everybody, I'm sorry, I've never spoken before a group of people. Ms. Oliver: That's quite all right, I'm gonna ask you to drop your mic a little bit so we can hear you and then raise it up. There you go and then just state your name for the record please. Ms. Schimmel: Ida Schimmel. Ms. Oliver: Okay, Ms. Schimmel you'll just go ahead and tell us what your thoughts are. Ms. Schimmel: So we all saw the signs go up and a number of people did go and,you know, look at the signs and there were a lot of questions about it at first. I think a lot of people did not know that it was private property and had already been sold. A lot of us have been there a long time. We knew the Diminos when we knew the Ivy League Academy, which is what the Manor House was for many years, 20 years, possibly more. So nobody wants to infringe on somebody's right to do what they want with their own property,but some people were concerned that it was going to be a parking lot. So now we know what it's going to be but I looked all the paperwork here and so I had some questions and then I can pass this on to the next Civic League meaning. If the Spera sell the property,their property,is that adjacent property going to continuously go with the townhome or could it be sold individually, and then something else be put on it? Ms. Oliver: We can get Mr. Bourdon to answer that question for you. Ms. Schimmel: Okay. Ms. Oliver: Or staff can answer. 3 Ms. Kemp: Yes. So one of the proffers that were offered by the applicant where that it would be combined with a lot of that one townhouse, so it would have to go together in perpetuity. Ms. Schimmel: In perpetuity, okay. And are they going to open up the street again on Hinsdale so that it opens up onto constitution? That's not part of the plan. Ms. Kemp: That's a city question that we have no plans that open Hinsdale on the constitution, but what they are doing is they are, as you can see on this plan right here, part of Hinsdale street where it turns into a court it's actually on the private property, the applicant is actually going to dedicate right-of-way to the city to put that into the city's right-of-way. So that's where that comes from and we're not planning on opening at this time that I'm aware of anything towards Constitution. Ms. Schimmel: Okay, I think that's something that Civic League would be happy about because the Diminos actually paid to have that closed off So that there wouldn't be so much traffic going past their school. And the trees are going to stay? Ms. Oliver: Yes, ma'am. Ms. Schimmel: Okay. So I mean, the design of it looks very pretty. I think a lot of people were thinking that that was a property that went with the Manor House and it's almost like a little park, a little green area with it, most of us that live there, we really liked that Manor House. It adds quite a lot of ambiance to the community. So it was up for sale, it did get bought by somebody out of town, but then they reneged on the sailor, whatever and it has been up for sale for a while. I think a lot of us in the neighborhood wish we could buy it, but I wish that historic society would take it back over again. I think it becomes more valuable historically, as time goes on, and more is built up around the Pembroke area,but we love that area. We love our community back there that living in the shadow of the Manor House, and it's like, oh, no, are they going to start developing stuff out here? So there is just concerned,there's not that its disapproval. There was just a concern. So thank you for allowing my concerns and now I can pass it on to the meeting. Ms. Oliver: You're welcome. Ms. Schimmel: Thank you. Ms. Oliver: Well thank you for taking the time to come down here. Ms. Schimmel: Okay. Ms. Oliver: Mr. Bourdon you good, all right. I'll close this hearing and open up to the commissioners for any discussion. Commissioner Redmond. 4 Mr. Redmond:I move approval of agenda Item number five. Ms. Rucinski: Second. Ms. Sandloop:The vote is open. By the recorded vote of 10-0 agenda item number five has been approved. Mr. Barnes: For the record for that also to note Mr. Bourdon's offer to amend the proffer exhibit so just to include the easement as well. Ms. Oliver: Yes. Ms. Bourdon: Your motion includes that we will amend the exhibit to show the? Ms. Oliver: To show the easement,right. Thank you very much. Is there any further business? If not, on behalf of my fellow commissioners, I'd like to thank everyone for attending today and thank the planning director and his staff for their excellent work and preparing today's agenda and our meeting is adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS PROFFER 1: The Grantor as the owners of the adjoining Site 6, Lot 8, Plat of Pembroke Park with their home thereon ("Site 6"), must combine the Property with Site 6 by preparing and submitting a Resubdivision Plat to the Grantee's Development Services Center for recordation, which vacates the shared property line to create one(1) contiguous parcel. The Resubdivision Plat shall also contain a dedication of additional right-of-way along the north side of Hinsdale Street to the Grantee to incorporate the existing improved roadway, curb and gutter, and sidewalk within said right-of-way. 5 PROFFER 2: No dwelling or other structure shall be permitted to be constructed or installed on the Property which is the subject of this rezoning except the 12' x 20' frame shed and a 4' high vinyl clad, wrought iron style fence as depicted on the "EXHIBIT OF VACANT LOT, GPIN #14775805340000, VIRGINIA BEACH, VIRGINIA PARCEL A PEMBROKE PARK M.B. 82, P. 30 FOR: ANTHONY SPERA", dated January 14, 2019, prepared by Gallup Surveyors & Engineers, Ltd. which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development ("Rezoning Exhibit"). PROFFER 3: The frame shed and fencing depicted on the Rezoning Exhibit shall have the appearance and use the materials substantially as depicted on the exhibit entitled, "Shed and Fence Details for Parcel A, Pembroke Park", dated May 1, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. PROFFER 4: 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. 6 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE Ts. � s _? ;99r9 e�ti S Op OUR NP1`ON In Reply Refer To Our File No. DF-10353 DATE: October 3, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson I9 L - DEPT: City Attorney RE: Conditional Zoning Application; Anthony and Kelly Spera The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 15, 2019. I have reviewed the subject proffer agreement, dated May 1, 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 ANTHONY P. SPERA and KELLY LYNN SPERA, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of May, 2019,by and between ANTHONY P. SPERA and KELLY LYNN SPERA, husband and wife, 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 Bayside District of the City of Virginia Beach, containing 9,661 square feet, 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 Conditional 0-2 Office District to Conditional A-12 Apartment 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 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 PREPARED BY GPIN: 1477-58-0534-000o SYi uS.POURDON, Prepared by: IIERN&LEVY.P.C. R.Edward Bourdon,Jr.,Esquire VSB#2216o Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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. The Grantor as the owners of the adjoining Site 6, Lot 8, Plat of Pembroke Park with their home thereon ("Site 6"), must combine the Property with Site 6 by preparing and submitting a Resubdivision Plat to the Grantee's Development Services Center for recordation, which vacates the shared property line to create one(1) contiguous parcel. The Resubdivision Plat shall contain a dedication of additional right of way along the north side of Hinsdale Street to the Grantee to incorporate the existing improved roadway, curb and gutter and sidewalk within said right of way and the Grantor shall record a Deed of Easement creating a Private Pedestrian Ingress-Egress Easement from Constitution Drive for the benefit of Sites Numbered i thru 5, Lot numbered 8, on that Plat Entitled "PEMBROKE PARK, M.B. 82, P. 30". 2. No dwelling or other structure shall be permitted to be constructed or installed on the Property which is the subject of this rezoning except the 12' x 20' frame shed and a 4' high vinyl clad, wrought iron style fence as depicted on the "EXHIBIT OF VACANT LOT, GPIN #14775805340000, VIRGINIA BEACH, VIRGINIA PARCEL A PREPARED BYKi : SYYES,BOURDON, PEMBROKE PARK M.B. 82, P. 30 FOR: ANTHONY SPERA", dated January 14, 201.9, On AIIERN&LEVY,P.C. prepared by Gallup Surveyors & Engineers, Ltd. which has been exhibited to the Virginia 2 Beach City Council and is on file with the Department of Planning & Community Development ("Rezoning Exhibit"). 3. The frame shed and fencing depicted on the Rezoning Exhibit shall have the appearance and use the materials substantially as depicted on the exhibit entitled, "Shed and Fence Details for Parcel A, Pembroke Park", dated May 1, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning &Community Development. 4. 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 0-2 Office and A-12 Apartment 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 PREPARED BY: s.B SYk[S.POURDON. instrument shall be void. AERN&L£VY.P.C. The Grantor covenants and agrees that: 3 (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 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: an SYKES.BOURDON. OM ARURN&LEVY.P.C. 4 WITNESS the following signatures and seals: Grantor: (SEAL) An ony P. era ildef (SEAL) Kelly n S ra STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 6th day of May, 2019, by Anthony P. Spera and Kelly Lynn Spera, husband and wife, Grantor. 24'- 61-tr 4/Wefii46 Notary Public My Commission Expires: August 31, 2022 .�P►B. itj �•. Notary Registration Number: 192628 a pOMMOti���•.. �►'�`°a'? i w. ING � INIP P PREPARED BY: qg SYKES.POURDON. 0111 AIERN&LEVY.P.C. 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, if any, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "Parcel A", on that certain plat entitled"Subdivision of Pembroke Park",dated November, 1969, made by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 82, at Page 30. GPIN: 1477-58-0534-0000 H:\AM\Conditional Rezoning\Spera\Proffer Agreement.docx PREPARED BY: OaSYK£S.POURDON, All£RN&LEVY,P.C. 6 \ C' :1 ....,--4. re- I I! _ ' I \i /.61. . _ , t _. -----) , -�'\! ,... , y o . _ ,.\ - , ,, i . ____ , ,,, ,--- '''• ---______--- ,,,-\:, \ t Iii \ , ,, -...; _ — —`.. a = Q - -- Imo... .� Fes+-r�-'r I \ co ( t +tit 3 4 2 ) • E( t �II if O � 141\1‘\\41044•‘ \ji. I�I I - I ! C . \ \ \ \. I , ...',:\ ''''',,.... t4 ,01 %\,14t, ss\N \\\ CVS _ � '- ._ ..-� _ - _fit - - 1 G ---" Ites \s5 -,. _,_ ,E f \f \ Q \ \ ., l ,s `', ti 'y W w ... \ \ ,,,,:,, \_________________ . . V '` N _ C c c COA c \ € J N IL m t I \, A r---\ ca I� 1 i y / 45,14'01 "Nat,`' „e' ill CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HALLE PROPERTIES, LLC [Applicant] PCS HILLTOP, LLC, HILLTOP INVESTORS, LLC & TRISIB HILLTOP, LLC [Owner] CONDITIONAL USE PERMIT (Automobile Repair Garage) for property located at 1657 Laskin Road (GPIN 2407885721) COUNCIL DISTRICT — BEACH MEETING DATE: October 15, 2019 • Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage for the retail sales, repair and installation of tires (Discount Tire). The redevelopment of the property includes the construction of a new 8,200 square foot building with three service bays; 26 parking spaces, thereby exceeding the minimum requirement by 17; and vehicular access as a right-in/right-out along Laskin Road and a right-in/right-out along Nevan Road. The three bays are located on the eastern façade and will not face a public right-of-way. The site is constrained due to its location with the greater than 75 dB Ldn noise zone, which is the highest noise zone. • Considerations: The subject site is in the Hilltop Strategic Growth Area (SGA). While the requested use of an Automobile Repair Garage is not consistent with the recommended uses identified in the Hilltop SGA Plan; the market may not be ready to support the uses that the Plan recommends. As such, encouraged is a building form and site design whereby a recommended use could easily occupy the site if and when this interim use vacates the property. Based on this and the Planning Commission's comments at the public hearing, the site layout has been slightly modified. Taking advantage of the reduced setback provision allowed under the Zoning Ordinance to encourage pedestrian walkability on property located in the SGA, the building has been relocated to a 14-foot setback from Laskin Road, rather than 35 feet as initially proposed. The SGA Plan also makes recommendations for frontage landscaping to provide a clear distinction between the public and private realm. While the building does remain at a 29-foot setback from Nevan Road, a condition of approval includes substantial plantings within this area to address this recommendation. The proposed building's exterior is designed with multiple architectural elements that go well beyond what is typically expected for a prototypical auto repair building. These include a tower feature and 12-foot tall glass storefront windows along the frontage facing Laskin Road and a portion of Nevan Road. Halle Properties, LLC Page 2 of 3 Finally, consistent with the recommendations of the Hilltop SGA Plan, the proposed use in the greater than 75 dB noise zone is identified as compatible with naval flight operations, per Section 1800 of the Zoning Ordinance. There were two speakers at the Planning Commission hearing who raised concerns about the inherent nature of the automobile related use and its lack of conformance with the Hilltop SGA Plan. The discussion among the Planning Commissioners resulted in a vote of 6-4 to recommend approval of the application. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 6-4. 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "DISCOUNT TIRE STORE 1657 LASKIN RD VIRGINIA BEACH, VA 23454", prepared by H & T Consultants, Inc., dated May 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL EXTERIOR ELEVATIONS 1657 LASKIN RD VIRGINIA BEACH, VA 23451", prepared by Architectural Resource Team, dated June 10, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A Landscape Plan that is reflective at a minimum of the plant material shown on the submitted site layout referenced in Condition 1 and that includes street trees installed along both rights-of-way, as described in the Virginia Beach Landscaping Guide, shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. Any freestanding sign located on the Property shall be monument style and no taller than eight-feet, from the top of the sign to the ground level at the base of the sign. A sign permit shall be obtained from the Zoning Division prior to the installation of any free-standing sign on the site. 5. All other signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 6. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or Halle Properties, LLC Page 3 of 3 other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 7. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 8. There shall be no outside storage of equipment, parts, tires, or materials. 9. No outside paging or amplified music system shall be permitted. 10.A11 vehicle repair and tire installation shall take place inside the building. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department, City Manager:-(� NBApplicant Halle Properties, LLC Agenda Item Property Owner PCS Hilltop, LLC, Hilltop Investors, LLC, TRISIB Hilltop, LLC 3 Public Hearing September 11, 2019 Virginia Beach City Council Election District Beach Request a,c� eR e Conditional Use Permit (Automobile Repair °^, Fes``°� °�^,gib"`V o Garage) \\ 0, Pnad 7 ^1h'� n ts^a`e 0 la^e a Ba �sbdn D�i�e 47 Staff Recommendation "s f Approval '°`� e g. Mab1e u^e sess vtO'''t E Staff Planner peP" - c 1 Bill Landfair s ¢ 1. E''� g N ^ Laskin Road n Location R 1657 Laskin Road _ `tee �a�iWrt eat" $ o GPIN z e Q 2407885721 °m `-, Site Size 4PZ1 � } 0.82 acres AICUZ Greater than 75 dB DNL Watershed •041' ' _ --." �.� * - ., t P 10, ;t I -ram Chesapeake Bay �'- f n I�,°,;'' ,i .'.� r I�•A A: I f?'t," ----".":"--- "---_,1 .. '1 A r ,gin at'1 ., 11��''C . ` i � il d�ThAt ExistingLand Use and ZoningDistrict '�"i�# ;' n- �"'-J �'' �f � Vacant Retail/ B-2 Community Business ' SP 'g�33t ` Surrounding Land Uses and Zoning Districts `42 - 7-. '--- . .:.____' ' ' :ILO" ,i* -‘,..' North k _.� 1 Retail/ B-2 Community Business 4 `' q, t South ' � a Retail/ B-2 Community Business �. ` �',': Saa;ikl2 �. �1 . East �,;9 '- is * , e" Retail/ B-2 Community Business w. iCl. a ' , West �.�-` ¢ ' � . d� ,data PA' S 1 l Retail/ B-2 Community Business . .. „ !" - -i Halle Properties, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The site is currently developed with a 5,000 square-foot retail building and associated pavement and parking area. • The applicant is proposing to redevelop the site with a new 8,192 square foot Discount Tires store for the retail sales, repair and installation of tires. No other automobile repairs or services are anticipated on the site. • When the project is complete, access to the site will be limited to a right-in/right-out only along Laskin Road and a right-in/right-out only along Nevan Road. • The concept plan depicts 27 parking spaces, which exceeds the required 18 spaces for a retail and automobile repair establishment of this size. • A dumpster enclosure utilizing materials complementary to the building is proposed at the rear of the site. • The building is proposed with three service bays that will not face the public right-of-way. The building will have a tower feature with a standing seam metal roof. The primary exterior building material will be split-face CMU. An EIFS cornice is proposed along the roofline. A 12-foot tall glass storefront windows are proposed along the front of the building. • An eight-foot tall freestanding sign with a brick base is proposed in the northwest corner of the site. • Typical hours of operation will be 8:00 a.m.to 6:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. It is anticipated that up to 10 people will work on the site. i..____.________i__._.___._ `akin ROad 0.,Road i f 5 iC , �l 1 ,, \ ` ' '` Zoning History r:-.3 � �y � � _\ ', _- , # Request °' ,_ 1 MOD Approved 04/28/2009 j CUP(Tattoo Parlor)Approved 09/23/2008 �- t tea` -� j gank•�,.' Z 1 1 1A ! 1 0 .0. 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 Halle Properties, LLC Agenda Item 3 Page 2 Evaluation and Recommendation The subject site is located in the Hilltop Strategic Growth Area (SGA). The requested use of an Automobile Repair Garage is not consistent with the recommended uses identified in the Hilltop SGA Plan; however, Staff is aware that the market may not be ready to support the uses that the Plan recommends. As such, the applicant has worked with Staff on the site layout and the form of the building to create an attractive development that utilizes many of the design recommendations found in the Plan. The site layout does not take advantage of the optional minimum front and side yards adjacent to a street as allowed under Article 2, Section 283 of the Zoning Ordinance, which are intended to create a pedestrian oriented design. This reduction would allow the building to be located within ten feet of Laskin Road and five feet of Nevan Road, as opposed to the typical B-2 setbacks of 35 and 30 respectively. However,the larger setbacks shown on the site plan will allow for substantially more plantings throughout the site. On balance, Staff finds this approach acceptable. The proposed building is designed with multiple architectural elements that go well beyond what is typically expected for a prototypical tire store. These include a tower feature and 12-foot tall glass storefront windows along the front of the building facing Laskin Road and a portion of Nevan Road. While the primary exterior building material will be split- face CMU, the colors and texture of this material will be varied to provide interest and to mitigate the building massing. Other building materials include EIFS columns and a cornice along the roofline. With the service bays directed away from the public right-of-way there is little opportunity for shopfront building elements such as awnings and pedestrian oriented signage. However, combined with the significant interior landscaping and extensive foundation landscaping proposed along the frontage facing Nevan and Laskin Roads, it is Staff's opinion that the project's form and architectural design meet the intent of the design aspects of the SGA Plan, even if the use is not consistent with the recommended vision for this part of Virginia Beach. The SGA Plan makes recommendations for frontage landscaping to provide a clearer distinction between the public and private realm and improve pedestrian walkability. Physical elements of such a streetscape include paving and street trees. While there is insufficient room within the public right-of-way to widen the existing five-foot sidewalk, the generous building setbacks from Laskin and Nevan Roads will permit the installation of street trees along the entire property frontage. As such, street trees installed as described in the Virginia Beach Landscaping Guide are recommended as a condition of approval. The site is constrained due to its location with the greater than 75 noise zone, which is the highest noise zone. The proposed use is identified as compatible with naval flight operations, per Section 1800 of the Zoning Ordinance, and compatible uses with the AICUZ are recommended within the Hilltop SGA Plan. Based on the considerations noted above, Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "DISCOUNT TIRE STORE 1657 LASKIN RD VIRGINIA BEACH,VA 23454", prepared by H &T Consultants, Inc., dated May 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL EXTERIOR ELEVATIONS 1657 LASKIN RD VIRGINIA BEACH,VA 23451", prepared by Architectural Resource Team, dated June 10, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Halle Properties, LLC Agenda Item 3 Page 3 3. A Landscape Plan that is reflective at a minimum of the plant material shown on the submitted site layout referenced in Condition 1 and that includes street trees installed along both rights-of-way, as described in the Virginia Beach Landscaping Guide, shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. Any freestanding sign located on the Property shall be monument style and no taller than eight-feet,from the top of the sign to the ground level at the base of the sign. A sign permit shall be obtained from the Zoning Division prior to the installation of any free-standing sign on the site. 5. All other signage on the site shall comply with the requirements of Sections 211,212, 213, 214, 216 and 905 of the City Zoning Ordinance.A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 6. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 7. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period,all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 8. There shall be no outside storage of equipment, parts, tires, or materials. 9. No outside paging or amplified music system shall be permitted. 10. All vehicle repair and tire installation shall take place inside the building. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan, and the Hilltop SGA Master Plan. The SGA Plan recommends non-residential mixed-use development for this site with uses that are deemed compatible with the AICUZ designation. Halle Properties, LLC Agenda Item 3 Page 4 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed, there are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 27,800 ADT 1 36,900 ADT 1(LOS°"D") Existing Land Use2—0 ADT Proposed Land Use3—203 ADT Nevan Road No Data Available No Data Available 'Average Daily Trips(2019) 2 as defined by vacant land use 3 as defined by automobile repair garage 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial with two-way feeder roads on either side of the roadway. The MTP proposes an eight-lane facility within a 160-foot right-of-way. Nevan Road is a four-lane divided local roadway. There is a roadway CIP project slated for this area. Laskin Road —Phase IA (CIP 2-156) is a VDOT managed project for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Red Robin Road with multi-use path and sidewalk. It also includes the construction of a six-lane divided highway on First Colonial Road from Laurel Lane to 1-264 and intersection improvements at First Colonial Road. Construction of this project will begin in late 2019 and be complete in March 2023. Public Utility Impacts Water The site is currently connected to City water.There are existing 8-inch and 12-inch public water mains along Laskin Road. There is an existing 36-inch public water transmission main along Laskin Road. There is an existing 10-inch public water main along Nevan Road. Sewer The site is currently connected to Sanitary sewer.There is an existing 8-inch public gravity sanitary sewer main along Laskin Road that terminates ±50 linear feet east of the property. There is an existing 6-inch public gravity sanitary sewer main along Nevan Road that terminates at the southern boundary of the property. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) were placed on the property on Sunday, August 11, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, August 25, 2019 and Sunday, September 1, 2019. Halle Properties, LLC Agenda Item 3 Page 5 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 5, 2019. Halle Properties, LLC Agenda Item 3 Page 6 Revised Site Layout LASKINRWD(VARWARTNR V) I WO 01•111• IE 00,41•KM ilr\ t Mew .. I.. yy� QW}ply lir . / f II11I1 IIII ' pp I o I 4 1".' TIRE ' : I it I i N {: I 1 I v.. VIZ e ii i e I i it � ._'_:s -_, ... M .I. us e a I, IHI. .. 4 t ..----- ,r 1 _ fr II I , i i . ,„ , , ..., J . 1 1@rr [ _ �r a w..�-,.. w2. ism„ r Apr gar �C1w 11t •* �� • "1 ..... Per illW1111111111•10,11. ' I sly ,,, I .. I raill L.1.144 ,. egMan Halle Properties, LLC Agenda Item 3 Page 7 Original Site Layout rT.fn :.. . ..•, L;n3E...:•.,v,,yr,,..,...., ,, .. ..... .• • ' ..•---'11.0.-4‘.. :-.. , -. , , ,' 0.. . , 4 ., •-,;'. _• -'' ...4 .....• .. li;.:(:,'z.4.,:...k;ii.. ..z......,•;,...•.k; • •.4' - : . I 4• .. ' '.' , ' • - ... .,.. , 7.• OOP 1 15C13111111 ',140. ::: 16' 1•:1 TIRE -..,..... , . .. .1,— ;.46 puagita ..• I 11)112 It'. I•. 'f:......- Awrou •,,— ...,:: .,.•I ;::....,. t::; (F.) .... ..k. 4 t • , ...., [....) 1 . \ .t...,....:." •:17,L.:.,. i• ••• ;..7 ...... ....s —Ort0,"0- r, ,.. ,.........: , .... ..... .i , TID, cial=2121X-411. ---1"."" :// - I 41 5-t 0 Val" ..• 0.11 AC ---- 4 5 7 8 1 , I Halle Properties, LLC Agenda Item 3 Page 8 Proposed Elevations ® o .............. _. 0 -,,..„ ...4. *A...... :A, W61, 4'."'""" , ,':.!g 1 V- .'',-....,_.... ' . 4>I11..4 GOMM ""' ..; Ld 4 :. .,,,.'4.41, --- Tif•••••1110 - 45**.'4006,. • - 1 - ' ".71".. 111.11100111•0100•"IMI ••=010-tt**. 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' '...tt.'-L I ,..„.., Yr.,,,,,, •.0-,.4.. t t :f 11-; -'a T./01..Tc:Ota:A g:1-4'<' tp•eo raw....on.rhont 111136 00.6 Ur 1100.1.01 Jor E.f 1.31444..Y.N.1.At. MIMS INNPOICLT Mr. 'ACP .08()Knots an,same.....•roves,i 81 23.,.). MOOT CIN Mk,.'MP it,..C. EAST ELEVATION ,,,-- - r fur;=04.. --,-1 e"1:4f-Ar clis410-x,I•10., c C 47 ? * - a--MIL /OMR= VIM s-a- r-o• r-r r • 1 - gm-mos."T It-ft Ir-0. —IC fAirmle mnA,*Mr m‘ IIIIIIIIIIIIIIIZ M-sr i' to IMICM ET ir .. ITTLOING tram OIMO OBSOITTN- REAR ELF-114110% .1 ,tir,i tjr. 1Ir , FAVAMAI V-0.MO VIM Mlir GAT TM% ...-.„... " WEL STEEL OMR FTSTENE0 TO*SCE r emosita ow .4,I A Or VICK MAC rAXEMIr IWO ix_sp ,,,1 .14 7_..s.nrawijv sti,:my-cw,Fairtmu , , -IIMIXMM.COOS tO " ot MATCH RIX',.. V.CU SLEEVES TOO or - It.. MANE WATS Ow tr al, 4 '. ''''.- ' MMIrtrr OM° - CICMCOltIr VECIIMII vt. BE OirvIAIMAC MOM I . Or 1.,,,,-ratritt FACE CIAJ r..... SAIL M-An IN ratri•7 C t A a CIA,r RUMS At Mr O.0 VI an.comics) III IIIM DIX f MI Callalrli.VA Mit s t FvJA FCM i GIMP IlI V... CaPIVIRAIOAItt :ft;:4,rizalr.: , ,141E9h4t Dow Onleruaul runt case liti.se-CPO, WU TO ITT104 SIX Dux„moo TO Ba D. BCOTES 'T.4 T.'o 6 TALL SlEEL RTE All MBE OT&ME VOLD TM 00TO MELO WOES TO MIL TRASH ENCLOSURE PLAN/ELEVATIONS FOX Or PM IVO TB T 'Aar t Eficta.ELLyAmott Halle Properties, LLC Agenda Item 3 Page 9 Conceptual Landscape Plan FirGHT 04 WAY SMOVIeN AS PER voOTI.AsNciN ROAD ----____ FROG(REPLACEMENT AN()WADENiNG PROJECT R.W PLARCNASEP r—Wf AV&Y LAVER PRocti-CT No toss f 34,F,22..71420 P.: LASKIN ROAD(VAR MATH RN) - _ ,, (--( --- . , , , . _.,.. . , . . ; i..: •.•:" 4 - / Ls 'fi7.:-‘:.: . • i rf: t.:i:: .. . .• t r TIRE •-•::‘' :,-- ,::- • . 4,41,L t•-, L,-, e II L 4* e , e II it,111 _ 0 i i NORTH o 1 +1. TAI T !IT-7, Halle Properties, LLC Agenda Item 3 Page 10 Site Photos • • - -� • • .- - • ab Halle Properties, LLC Agenda Item 3 Page 11 Disclosure Statement NAB Virginia Beach APPLICANT'S NAME Halle Properties, L.L.C, 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 s _ O 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 'rc ii cii v-usE eiNi.r/All dlsc(oii i musi bit°pilaiec two(2)week mini to any Page 1 of 7 I'Ianniny i,on;mission and City Council mooting that pertains to the alsplitaiion(s), 0 APPLICANT NOTIFIED OF HEARING DATE Dr' NO CHANGES AS OF - e --.-D-A4 E p,y`t^ Wp_LI (4. a � a_ REVISIONS SUBMITIED_ �T ()Alf' �'IT Halle Properties, LLC Agenda Item 3 Page 12 Disclosure Statement • Virginia Beach El Check here if the APPLICANT IS NU a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APpLI . a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name;Halle Properties,L.L.C. If an LLC, list all member's names: Wilanna,Inc. Managing Member Teton-Pitkin, LLC Member 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 z relationship with the Applicant: (Attach list If necessary) See next page for Information pertaining to footnotes1 and z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pji!y_if property opv teriss,differentfrom Applicant. n Check here If the PROPERTY OWNER 15 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:Hilltop Scyuare Investors_ LC if an LLC,list the member's names: C.N. David Reischer, Member Page 2of7 Halle Properties, LLC Agenda Item 3 Page 13 Disclosure Statement Virginia Bach 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 Ilst if necessary) "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, (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 entitles."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 subiect of the at Ip lcatlon 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 SEPERATFI Y Page 3 of 7 Halle Properties, LLC Agenda Item 3 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE —1 PROVIDER(use additional sheets If -- Lq,a needed) ElEl Accounting and/or preparer of your tax return ZIArchitect/Landscape Architect/ Architectural Resource Team Land Planner a © Contract Purchaser(ff other than ^ the App11c,7At)-identify purchaser and purchaser's service providers - Any other pending or proposed El .I-`1/ purchaser of the subject property L1�J (identify purchaser(s)and purchaser's service providers) ® Construction Contractors Engineers/Surveyors/Agents H&T Consultants,Inc. Financing(Include current J ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Williams Mullen Real Estate Brokers-/- Colliers lEEl 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 Halle Properties, LLC Agenda Item 3 Page 15 Disclosure Statement Virginia Beach CERTIFICATIO �. 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 ny public body or committee in connection with this , lic t' n, — is 1 Te—Prtspertfes, LLC, -by-C4 i-mrta -ice; ; �� _ 'anaging Member .9,/9 •'LICANT'S S NAT PRINT NAME DATE Page 5 of 7 Halle Properties, LLC Agenda Item 3 Page 16 Disclosure Statement 1Ito,/ 13 OWNER Virginia Beach YES I NOl L SERVICE I PROVIDER(use additional sheets If needed) (� a Accounting and/or preparer of your tax return ( l a Architect/Landscape Architect/ Land Planner �� X� Contract Purchaser(If other than to 8piticnt)-identify purchaser and purchaser's service providers Any other pending or proposed f ® purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) u © Construction Contractors _ i^ aEngineers/Surveyors/Agents L— Financing(include current dre4, � it L.1 mortgage holders and lenders La^91tr selected or being considered to provide financing for acquisition �rti()� or construction of the property) --f ® Legal Services Real Estate Brokers/ 1 Amer© Agents/Realtors for current and I ia�h anticipated future sales of the subject property ___ 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have {{�� an interest in the subject land or any proposed development L4�! 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 Halle Properties, LLC Agenda Item 3 Page 17 Disclosure Statement • Vlrginin Bench CERTiFICATIONt I certify that all of the Information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notlf:catlon 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 Apo PROP TY OWNERS SIGNMURE PRINT NAME ✓ DAT'E CERTIFICATION: certify that all of the Information contained in thisbisclosure 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 Apepticati n. N A vRRTYONRIER'SSIGNATUR¢ PRINTAwl) � S ��a,.t i94 DATE CERTiFIC,TION: 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 ll _ �,� L.N 61l 19 PROPN V OWNER'S SIGNATURE PRINT NAME DATE_ Page 7 of 7 Halle Properties, LLC Agenda Item 3 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 approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Halle Properties, LLC Agenda Item 3 Page 19 Item #3 Halle Properties, LLC Conditional Use Permit (Automobile Repair Garage) 1657 Laskin Road District—Beach September 11th, 2019 RECOMMENDED FOR APPROVAL - HEARD Ms. Oliver: Right. I'd like to thank all the applicants that had a matter on the consent agenda today for coming down and this hearing and they will be scheduled on the website for the next city council meeting and so thank you very much. The next order of business will address the remaining matters on our agenda and if you would, please call the first item. Ms. Smith: Thank you Madam Chair. The next item to be heard is agenda Item number three Halle Properties, LLC. It's an application for a conditional use permit automobile repair garage on property located at 1657 Laskin Road in the Beach District with the applicant or the applicant's representative please step to the podium. Ms. Oliver: State your name for the record please. Ms. Palmer: Thank you. Yeah,my name is Grady Palmer,I'm an attorney, and I represent Halle properties Discount Tire. This would be the third Discount Tire location in the city. Actually, the fourth, there is one currently under construction at Virginia Beach, Boulevard at Thalia. There are two others that are currently operating. I understand that there's some opposition to this matter; certainly understand those concerns,you know, first thing I would note, we understand that this location is in the strategic growth area for hilltop. We try to balance the technical inconsistencies with architecture and landscaping and so I think this would be a good use for this property. This property is currently vacant, was a mattress store for many years. We think this would be a good investment for the property owners; also it would be on a ground lease, so that's important from a redevelopment perspective, this property would be available for redevelopment in the future as it comes in this direction to Hilltop. But also like to point out, there are a couple of stipulations; staff has recommended that we agree with. We agree with all the stipulations, but I was going to highlight a few stipulations that would prevent outdoor storage, any outdoor storage, or any outdoor work of any kind and for those of you that have seen or maybe visited, the current Discount Tire operation, they're very clean, they're very well run, then they are entirely self-contained and so from that perspective, I think this would be a good use for this property. I'll stand by for any 1 questions that you have, certainly if there is a need to defer this matter. We're certainly not opposed to that,but we would request that you support the application. Thank you. Ms. Oliver: Thank you, Mr. Palmer. Ms. Sandloop:We have two speakers, William Jennings. Ms. Oliver: Hello Mr. Jennings, how are you? Mr. Jennings: Hi. My name is William Jennings and I am representing, I'm employed by 1636 Industrial Park Road,LLC 601 Nevan Road, LLC. We call it the Glidden Shopping Center. It's a three brother's partnership and I said 636 First Colonial Road as well that properties are currently up for sale and as you can see from the literature is going around, it's adjacent there to the location and then one of the properties 1636 Industrial Park Road is on the back side on the corner. Ms. Oliver: Mr.Jennings,would you just take, I'm going to interrupt you if you there's a pointer right there and if you could just point to the pieces of property that you are representing that would be great. Mr. Jennings: Okay. It actually goes off the screen there,but I'll start right here it goes down here all the way over here, that's clear, all of this, all of this. Ms. Oliver: Well go ahead and we'll, oh there it is, okay. Mr. Jennings: So I was up here, goes through here comes over here, over here, all the way down here again. So it's almost this whole square except for that place there and the gas station. These people actually rent at parking lot from us. The other property is right here, which is all this right here. Ms. Oliver: Okay. Mr. Jennings: And together this has been a little over four acres, we have in there you will see an altar survey, as well as this one is more than an acre. So it's a total of more than five acres, but this is for redevelopment, and we're hoping for and the reason that we are trying to do that is to get a buyer that is interested in redeveloping and as you can see from that brochure, in the strategic growth area,because that gives the owners the highest and best value for their property. And it's a chance to redevelop that whole area, certainly that rectangle. And so, that's part of the reason that we were kind of, it's a good area because elevation 27 is there if you've heard of those folks. The elevation is actually 28-27 feet there, which is the highest other than maybe Mount Trashmore in Virginia Beach, so and the Walgreens on the corner on the opposite corner over here by first colonial and Laskin had a recorded sale of 12 2 million for that. So we would be against anything that would inhibit pedestrian traffic and would cause more traffic to be there, because that would inhibit our development concept and we do have it listed now with a real estate company and farming it out both here as well as nationally. Any questions? Ms. Oliver: Any questions for Mr. James. Ripley? Mr. Ripley: So what's the objection to this particular use, this looks like pretty modern use but I've been trying to understand what your concern is? Mr. Jennings: Okay. They were putting the building pretty close to the roadway that's five feet and also the... Mr. Ripley: Pretty close to what? Mr. Jennings: The roadway on Nevan is five feet of that and then on the other and part of it was in the other hand out that I had given earlier was concerning pedestrian traffic, concerning vehicular traffic, and also noncompliance with the area that we're trying to make it look at the vision that the city had with the strategic growth area. So that, you know, three to five stories, if you look at that brochure, you can see and there's a copy of the artists concept of what they wanted to do and that's what we're trying to market it. Mr. Ripley: Pulling the building towards the road is a concept that's promoted in the comprehensive plan I mean that's why it's been pulled up like, I'm sure the planners encourage that and so they would encourage your property owner do the same, I would think. Mr. Jennings: Okay and I can respond to that. The issue would be that the type of businesses there is not that's why they're asking for a conditional use permit because it's not compliant and that would cause a lot more of the type of vehicular traffic including the loading and unloading of lots of tires, as we have observed out there other locations, and so that would be kind of counterproductive with the trucks and all that we would think of, for the frequency of them for pedestrian traffic in that area. Mr. Ripley: So would your development have any trucks bringing things in coming and going and delivering and any of that? Mr. Jennings: The folks that have proposed and I'm saying the proposals that we've had so far are for office type complexes, medical facilities, three to five story type buildings to maximize the revenue from the buildings. So I don't know that they would have that type of vehicles coming and going there. It's more of a office type of businesses and also we didn't get notified about this and so when we found out about it in a sales meeting with the marketing with a real estate company, and so then we call 3 the city and they told us about it and then we requested that they send us a notification that they did. We called the owner behind them, which also we know Mark Gilbert, he did not have, he said he didn't get notification. First, he'd heard of it yesterday, was when he talked to us. We talked to another owner; they said they hadn't heard of it and they weren't going to be here today, neither one of them would be because they're already, one of them is going to be out of town and the other one has another commitment that's a pretty serious thing. So I was hoping that at least, you know, the area people would be able to know, adjacent property owners at least would be able to have enough notice to be able to put things together. I really wasn't supposed to be here today to do this as what last minute thing, someone else was going to do that but they couldn't show up either. Mr. Ripley: Thank you. Mr. Jennings: Thank you. Ms. Oliver: Commissioner Weiner has a question? Mr. Weiner: So your property is just been advertised now, I mean so that I can't pull the rabbit out of your head or anything, but what kind of timeframe are you talking about, it could take years 2, 3, 5, 6, 7, 8, 10 years for that develop, to develop? I mean. Mr. Jennings: To actually do development? Mr. Weiner: Yeah. I mean, it could take a long time. So because, you're saying your development won't work with this? Mr. Jennings: Yes, I'm saying that if it's not in compliant with the strategic growth area for one reason, for one thing, and because that to get the highest and best use and maximize the value of what the concept of a developer would want, we needed to be in that that's how we're marketing and as the strategic growth area for the vision, the concept that the city had and so anything that takes away from that that's adjacent to it, is going to be detrimental to us especially on pedestrian type things and safety and traffic of trucks. Mr. Weiner: I understand what you're saying, but just been there, because it's a long time and you know, you just don't know when you're just gonna go what happened? So this is just hard,because this area they've been,my opinion would look good in this area to be redevelopment of the area with nothing has been done there for a long time? Mr. Jennings: Right, we have had a number of letters of intent and so we've been sifting through those, and we're looking for our best offer,because we've already had lots of folks as you can imagine, because it's a pretty prime piece of property. 4 Mr. Weiner: Sure. Mr. Jennings: And being all jointly there together, the folks that run the gas station, they're going to be, you know, they have to [Inaudible] [00:30:37] and their gas tanks on the ground are going to be because of the widening of the road going to be losing that. So you know, they've asked make us offer. So you could have that whole block, you know, could be potentially all. Ms. Oliver: Yes Whitney. Mr. Graham: Correct me if I'm wrong,Nevan Road is the entrance to the Super Wal-Mart? Mr. Jennings: That is correct. Mr. Graham: Okay. Mr. Jennings: Well, this is one of the entrances, there is other entrance from Donna. Mr. Graham: Okay. Mr. Jennings: Yeah, and there is a traffic light there also. Mr. Graham: This will be a brand-new building? Mr. Jennings: This would-be brand-new development, yes sir. So would be redeveloping that area which is if you know the buildings there, all the buildings are pretty much old. Mr. Graham: Yeah, it's I mean, I think you have, if I'm not mistaken, you had the Virginia Steak House; it's kind of an older building, I am afraid that's operating anymore, there's some older properties in there and this is an opportunity to have a brand new building at the, that is not a high traffic generator in front of a Super Wal-Mart? Mr. Jennings: Right. So the concept as you were just saying is that the Virginia Steakhouse, the Halle properties tried to locate there,we oppose that. They tried to locate I believe over at the restaurant that was across the street that it closed up and I believe that target had posed that and so now they're making there,you know,we're not opposed to the business itself, of course, it's just that the location and what you're going to try to put there, if we're going to try to develop this area and try to do the vision, which I think is the highest and best use and gives us the most value for it, then we would like to see, you know, enforcing of the rules, otherwise, it wouldn't have to have a conditional use permit to, you know,because it's not inclined. Mr. Graham: Okay. Ms. Oliver: Yes, Commissioner Redmond. 5 Mr. Redmond:But a conditional use permit doesn't require conformance with a strategic growth area plan, which is very broad, okay. We have dozens of automotive facilities operating in strategic growth areas all across the city, if not hundreds. Mr. Jennings: Yes, sir. Mr. Redmond:Okay, so it's not exactly unusual that this kind of facility would operate in strategic growth area. This is someone else's piece of property and I understand that you don't care for, but I'm having a hard time finding anything particularly noxious about it. Because from what I see, these are some of the nicest, cleanest, predominantly brick of this kind of retailer in the city. I just, I'm having a hard time finding what's objectionable about it from an objective standpoint. Mr. Jennings: Right. Mr. Redmond:You can help me with that because I don't see it. Mr. Jennings: Okay. Well, I would like to have more time to prepare material because we just got notification and we call the city and they send us out a notification. And we are an adjacent property owner at 636 Industrial Park Road, some of the other owners that's the property, I don't see it there but he's right to the bottom of that property. He didn't receive notice. So he told us that and I believe he called the city and said that he was opposed to it. Mr. Redmond:Can you tell us a little bit about the notification and what did or didn't occur? Mr. Tajan: I believe based on the staff just pulled up the mailing requirements for the immediately adjacent properties,these properties aren't immediately adjacent to the property. Now however, they do have the signs posted and there is a notice for the date of the meeting, which is why I believe some of the speakers are here today. Mr. Jennings: So except one of our properties is 1636 Industrial Park Road,back up to the corner of your lot,but a lot that they're saying it's, they have a lot. It's actually two parcels D and E I believe is what they're planning there and the back part there is the E part which is a sliver that goes that way. We're right there on the back corner, behind Mr. Gilbert's property Mr. Tajan: Understand. It looks like there's a flag lot portion that's going behind it. Mr. Jennings: Yeah. Ms. Oliver: Right. Mr. Tajan: That is in between, technically in between the property that they're discussing in this property in question. 6 Mr. Jennings: And they're going to use that, I believe flag property is all right. They're extending that now. So anyway, other folks, we talked to some other folks, and they didn't get notice either, although they're not adjacent property owners. They are also business owners who expressed that they did not like the idea of it and wanted to hear more about it. Mr. Redmond:Ordinance requires that they notify folks who are immediately adjacent to the property and that are also why they stick that orange sign on the property but if you're cruising down First Colonial Road, you live in the neighborhood that's how other folks are notified by that. So I think what I heard you to say is that you met the ordinances requirements for notifications, is that correct? Mr. Tajan: That's correct, sir. Mr. Redmond:Okay. Thank you. Ms. Oliver: Anybody else? Yes Jack. Mr. Wall: Yeah, I applaud Mr. Jennings and their vision for that. I think that's right on. I appreciate that. I mean, I think that that's, you know, a very good thing for people to see that identify it and you see that maybe that's not the highest and best use of that property. I do think that it's acceptable, maybe more so in the improvements and the aesthetics of the site itself, maybe just because of the landscaping, the architecture, but I mean, in my opinion. Mr. Jennings: Do you have a question? Mr. Wall: Absolutely, not. I don't think the question sorry, not understand the questions, but I mean, I do applaud your stand on that. Mr. Jennings: Okay. Ms. Oliver: Thank you very much. Mr. Jennings: Thank you. Ms. Sandloop: Mark Gilbert. Mr. Gilbert: Good afternoon. Ms. Oliver: Good afternoon. Mr. Gilbert: My name is Mark Gilbert. I own and represent the property directly behind this building. It's a strip shopping center that would you like me to point it out? Ms. Oliver: Sure. That'd be great. 7 Mr. Gilbert: This building right there. That piece of land adjacent to it. With this last week we completed a substantial remodeling of the property. We spend an awful lot of money and I'm happy that all that looks very nice. Ms. Oliver: It does look nice. Mr. Gilbert: Already had three new tenants in the last week. We object to this for similar reasons that Hilltop is a very pristine area, if any of all drive around there, 6 or 7 o'clock in the morning you'll see all the beautiful shopping centers are always clean, well done. And this Hilltop has been referred to by your staff and other people in the city are one of the finest shopping areas you have in the City of Virginia Beach. We've made an effort with our Senate to improve the looks and to continue with that. I was one of the first tenants in Hilltop more shopping center to sign a lease before it came out of ground and I've been a merchant at Hilltop for 48 years so I'm familiar with the area. My tenants are objecting to a number of things. Primarily, they're objecting to the noise from the air wrenches and compressors. There's nothing wrong with the tire business when Hilltop is beginning to be developed. There were several auto repair facilities at Hilltop and they all moved to more appropriate places as the development along. We object, we don't feel this is, we object that the city should not take one of their finest shopping areas and put a tire repair or auto repair facility in the middle of that area. This isn't on the edges. Towards Bird Neck Road, there are several tire stores towards London Bridge and certainly Virginia Beach Boulevard is many of them. I realize you're putting a beautiful building in it causes hardship for us because it's taken away our line of sight. We have a one-story building that's at the highest point is about 32 feet all. The buildings have been set up so none of the doors or bays face to the public areas so they'll be facing the tenants next door. We get the benefit of a self-contained building, we get the dumpster location, that's primarily objection, we don't believe that you would consider putting a tire repair facility in the middle of Pembroke and Hilltop is certainly one of your finest areas. We don't believe a tire facility should be put there. Any questions? Ms. Oliver: Any questions? Well, thank you. Mr. Gilbert: Yes sir? Mr. Ripley: What is acceptable for you? Mr. Gilbert: Retail, any retail store. Okay, a mattress store,which we had too many of and they closed did not have air compressors. I believe we'd be closing our eyes to feel that we should expect the tire facility to be pristine and neat. Unfortunately, I've heard stories when I've, the way I found out about this. I didn't want you to get the wrong impression. The city did send me a letter, but prior to a letter, one of the two signs 8 it was put up, ended up on my property. I don't believe it was up for more than two days and certainly on Thursday before the storm there weren't any there but that's not an objection on my part. Okay, my objection is I don't believe an auto repair facility is a tenant that you put in your finest shopping area. Can you imagine one being in Pembroke? I'm not talking about Pembroke Mall behind Pembroke Mall. I'm talking about in the new area. Hilltop has done a good job of being resilient over the past 50 years. It's been kept up. It's a beautiful area, and I believe it brings a lot of revenue to the city, that's my objection. Ms. Oliver: Right. Thank you very much. Mr. Gilbert: Thank you for your time. Ms. Sandloop: Mr. Paul. Ms. Oliver: I think that's our last speaker. Ms. Sandloop:Yes ma'am. Ms. Oliver: You'd like to come on. Mr. Paul: So just in closing,I'll just keep this brief. I certainly understand the objections. My opinion and I'm biased, this is a much better, this is an improvement over what's there. Right now the site has no landscaping, no treatment of any kind. So what will be replaced, the building will be torn down, it will be set back from Nevan Road more than five feet and that's really to allow for enhanced landscaping along Nevan Road. One,you know,there are two entrances on Laskin Road Feeder Road right now one of those will be closed. So I think this will be overall a significant improvement to what's there now. I mean certainly, if you turn us down and Council turns this down, and something will come along,but,you know, I think all things considered this is something that is certainly acceptable and appropriate, and I think a major improvement over what's there now. So I'll stand by for any questions you have. Thank you. Ms. Oliver: Thank you very much. Anybody have any questions? Yes,Commissioner Weiner. Mr. Weiner: All work is going to be done inside the bays,there will be nothing outside, correct? Mr. Paul: Correct. Mr. Weiner: That's what I thought of it, okay. Mr. Paul: Okay, and no outdoor storage of any kind, no work outside the building all that is required by the conditional use permit. 9 Mr. Ripley: A question to the last gentleman mentioned the dumpsters are those dumpsters are closed, will they be gated on the dumpster so they're closed and not open or what is playing there? Mr. Paul: Yeah, we will have closed dumpsters. Mr. Ripley: Okay. Thank you. Ms. Oliver: Anybody else? Yes. Mr. Redmond:Refresh my memory. There's the one under construction at Virginia Beach Boulevard in Thalia Road. There's the one that's open and operating on Holland Road in front of the Super Kroger, where's the third? Mr. Paul: 1600 General Booth. Mr. Redmond:General Booth, yeah thank you. All of those are street locations, is that correct? Mr. Paul: Yes. Mr. Redmond:They're not behind something or they're all right up on the roadway? Mr. Paul: That's right and they want to be on up on the roadway. Mr. Redmond:There is a pretty major turf, are they? Mr. Paul: Yes indeed. Mr. Redmond:Thank you. Ms. Oliver: Anybody else? Mr. Paul: Thank you. Ms. Oliver: Thank you very much. All right, we're going to close the hearing now and open it up to discussion amongst the commissioners. Anybody have anything to say? Ms. Rucinski: Yes, I do. Ms. Oliver: Yes. Ms. Rucinski: I'm sort of have mixed feelings about this and probably what's really guiding it is we've set about all this time planning these strategic growth areas, and the concept of what we think there needs to be to go there, but if we keep deviating from what we think should be there, then we'll never get there. So because this is an item that was not envisioned for the strategic growth area that's why I'm sort of on the fence. I've seen where there are other stores are, I do believe they do a good job with their 10 landscaping and how they look. I'm just concerned about the location and the fact that, you know, it's not within the vision of what we spent all this time and energy and blood, sweat and tears trying to plan for it, so that's my concern lies. Ms. Oliver: Mr. Inman. Mr. Inman: I think I am along the same lines as Jan, actually, you know, when I read this, this is not consistent with the recommended users identified for the Hilltop SGA plan. I mean we keep doing this time to time where we say, well, it's not quite ready yet, it's not quite ready yet and I listened to the gentleman who first spoke that they are seeking and I know, I think he's been here before and I think it's taken a while and they're working on it and they haven't achieved what they want to with the redevelopment of those areas that he passed around the map but it will come I think and as sooner than later in the history of Hilltop, you can look at what is going on the other corners with been Hilltop North, the center where there's now the New Panera and that center that's on the other corner I guess within the Northwest Corner, you look at the fact that and I know this isn't necessarily, there's, you know tire stores within a mile down on Laskin Road and I don't know I think I just I don't see why we don't stick with the plan at this point. I think this is one of those stopping points where we say no we're going to stick with, we're going to uphold the SGA plan and not approve users that are not identified as consistent with that plan. Ms. Oliver: Yes Ron. Mr. Ripley: I think it is consistent. I think his design criteria is met,you know,they work under the design criteria that's been set forth and I think that the use is appropriate, it's well landscape. You know,the other property is not developed yet. We don't know what that's going to be. So I tend to agree with this application. Ms. Oliver: Okay. Mr. Weiner: Up to like Mike and Jan, if something, it has been sitting there for such a long time and as Ron says, it does meet the criteria of the development of the landscaping in building itself and looks good, its better what's there now. There was something, a contract or something in the development that they're working on now is up and running or you're getting ready to move forward, that'd be a different story, but it could take years for that to happen,who knows how long that could take to happen. And just feel like this is going to make the area just set up a little bit, make it look better, I'm in tend to support it also, and I don't feel like a Discount Tire is going to hinder anything that they're going to develop in that area. So this because the way it looks just because the exterior, I'm going to tend to be there also. 11 Ms. Oliver: Mr. Redmond. Mr. Redmond:I agree with David and I agree with Ron,this is an improvement in every respect to this property. It's an improvement in every respect, landscapes improved, periods of the building are improved. It's a nicest looking tire store, I've ever laid eyes on. If you look at the renderings, and it's just false to suggest that, gosh, you can't have this use up on the roadway. There's one on Holland Road for crying out loud was one of the busiest thoroughfares in the city. There's one on Independence Boulevard,which I can see from my office in Town Center. So, I mean, this use is particular brand, not just the use is on the roadway, and major thoroughfares, and there are of course, dozens and dozens that predate strategic growth area plans. I don't understand the objection to it frankly; I don't see any objective reason to do it if anything this is this SGA plan at work because this spot would probably would be maturing and improving absent any kind of SGA plan because that's just what market economics do. And I think that's what's happening here. It's entirely appropriate use, it's an improvement of the property in every way. I don't see how you can deny someone a productive use of this property; I just don't see any reason to do it, so I support it. Mr. Oliver: Mr. Whitney. Mr. Graham: I agree with Mr. Redmond, Mr. Ripley and Mr. Wiener. This shopping center has for years, been an underdeveloped shopping center before Super Wal-Mart was there, it was a K-Mart. You've got vacant buildings, it's always been kind of a hodgepodge of buildings that are, quite frankly, a lot of them are not that attractive. This is a very attractive building. I think it's a good use. I know the gentleman earlier mentioned, you know about office development, you know, we haven't seen a lot of office development in Virginia Beach and I think that you're going to probably not see a lot going forward. I think most of it, you're probably going to see,the central business district of Pembroke. I think it's a good use. Again, I think it's very attractive building and given what's there today, I think this is good. I support it. Ms. Oliver: Yes, Mr. Wall. Mr. Wall: I think it's a good form, I think it's going to look different than what's out there and you know, my example is the one that's on Hollins and that it is, you know, the intent is to pull it towards the street. So it is more,the buildings are more pedestrian friendly, I believe. And it will have the green space up front with new parking on the front side,but just to, I don't know if this point was brought up,but it's going to be, if one of the buildings are, you know, here, it's going to be out here. It's going to be in front and that's by design, that's by the intent of the SGA so just because it 12 was kind of a shock, but I know that Discount Tire in Hollins and it is more prominent than the line of buildings and that's by intent by design,but just to bring that out. Ms. Oliver: You know that it's an SGA area and we strive to hit those goals and the design of it, bringing it to the curb and the landscaping does in fact, fill those requirements. I question the use of the business only because we have a business near something similar to that and it was supposed to have the Bays closed and the doors closed and it's not in it. It impacts us as a neighbor. It's loud. They don't like the doors down, it gets hot in the summer and it's not exactly the best view we have of our neighbor. And so that concerns me when I look at this because I know the intent and the goodwill of our neighbor was not to operate in that and our neighbor does, and we can't seem to do anything about it. And so with that next door to that, I believe east of that is a dentist office and next to that is a salon that's been there for quite some time and I'm not quite sure what else is there before, the median breaks again, but and that it is exposed, you know, it concerns me that particular entity is exposed completely, and it doesn't really meet the SGA requirements and I have to say I commend the gentleman that has five acres that's a mass that much property because I remember when the Virginia Steakhouse went out of business and so there was a lot of give and take in that particular area and that's a tough area of the Hilltop and how is exposed to first colonial road and if they can make great improvements to that, it would be a huge improvement to that Western part of West East corner, I guess is what it is. No, I guess it's the Southeast corner of Hilltop. I'm just in the fact that Mr. Palmer mentioned that this has sort of jumped from one area Hilltop to another with the same kind of opposition from all the other neighbors gives me concern that they are not as welcoming as these neighbors are either, so I'm just struggling really hard with this particular use. I have to say yes Mike. Mr. Inman: Echoing what Dee just said, I don't think it's going to be a good neighbor. I just don't think it's the way it rolls out. It can look pretty, but it ain't going to sound pretty and I'm against it. I think it's a wrong move, but this entire store, and it's going to be noisy,and it's going to adversely impact other people developing around it because of that. I'm going to vote against it. Ms. Oliver: Commissioner Redmond. Mr. Redmond:I move approval of the application. Mr. Weiner: Second. Ms. Sandloop:The vote is open. By the recorded vote of 6-4, agenda item number three has been approved. 13 AYE 6 NAY 4 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN NAY OLIVER NAY REDMOND AYE RIPLEY AYE RUCINSKI NAY WALL NAY WEINER AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "DISCOUNT TIRE STORE 1657 LASKIN RD VIRGINIA BEACH, VA 23454", prepared by H & T Consultants, Inc., dated May 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Depaitnient of Planning and Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL EXTERIOR ELEVATIONS 1657 LASKIN RD VIRGINIA BEACH, VA 23451", prepared by Architectural Resource Team, dated June 10, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A Landscape Plan that is reflective at a minimum of the plant material shown on the submitted site layout referenced in Condition 1 and that includes street trees installed along both rights-of-way, as described in the Virginia Beach Landscaping Guide, shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. Any freestanding sign located on the Property shall be monument style and no taller than eight-feet, from the top of the sign to the ground level at the base of the sign. A sign permit shall be obtained from the Zoning Division prior to the installation of any free- standing sign on the site. 5. All other signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 14 6. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 7. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 8. There shall be no outside storage of equipment,parts, tires, or materials. 9. No outside paging or amplified music system shall be permitted. 10. All vehicle repair and tire installation shall take place inside the building. 15 7/./::::\Tygl•—:. ; -- '-'44'---------1--4- I-- '.. . k,„<.1,„.1?7/1.----)-i 1i:'1 ni1:-- .--- v i aie '` 9�'b C 1 c ' 'P O // rD ,� r! ,, o tt� S F.,' Ns /4'00 :-_---___ 41 '' / , .*1/4.\\\\\\ ` a \ , \ Nu; \ ! , 0 ___.__I—.-i.- -r--7 \\*\\\\\\\ \\\\CINcitt's* ,, fi : W i , Ce l � .�ty' i"---. ' r___ ii + i el (! CO I i \ \,..,_ i ;, - Is _ II ram: / 0 J- 4 t.- . 1 a 4 c - .-- / -.-.-, G) cn c 4o c • U) N Cl- CL • a6po0 / Do ._ Li I ^-, rC— .......i 7 7roS7 ga, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SAIR ENTERPRISES, INC. [Applicant & Owner] CONDITIONAL USE PERMIT (Motor Vehicle Sales)for property located at 3096 S. Lynnhaven Road (GPIN 1497107039) COUNCIL DISTRICT — BEACH MEETING DATE: October 15, 2019 • Background: The applicant is requesting a Conditional Use Permit for Motor Vehicle Sales at an existing Automobile Service Station located at the corner of S. Lynnhaven Road and Silina Drive in the B-2 Community Business District. The Conditional Use Permit for the Automobile Service Station was originally approved in 1966, followed by Modifications of Conditions to permit a convenience store and two additional service bays and a car wash. The applicant seeks to display up to 14 automobiles for sale on this site. No trucks or vehicles other than automobiles are requested to be sold. The office for the motor vehicle sales will be located in the car wash bay which is no longer operational and the car wash equipment has been removed for this purpose. The submitted concept plan depicts six automobiles to be displayed in the existing parking lot adjacent to S. Lynnhaven Road, and eight automobiles stored as inventory in the rear of the property near the former car wash queue. No exterior changes to the building or to signage are proposed. • Considerations: The proposed use is consistent with the existing commercial uses in the immediate area. Given that the property is zoned B-2 Community Business District, a number of by-right uses have the potential to negatively impact adjacent residential uses. Moreover, by-right uses do not provide the opportunity for site improvements such as landscaping and screening requirements available through the Conditional Use Permit process. Existing landscaping appears to be consistent with previously approved plans other than a gap in the required screeningas a result of the installation of a sewer cleanout pipe. To ensure adequate screening for the residences to the west, a six-foot high, solid privacy fence is recommended in Condition 3 below along the outer edge of pavement to screen the automobile storage area. A condition is also recommended that decreases the number of automobiles on display in the parking lot along S. Lynnhaven Road from six to four. With this reduction, the on-site parking requirement can be met. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received one phone call from a nearby resident prior to the SAIR Enterprises, Inc. Page 2 of 3 Planning Commission meeting who opposes automobile sales at this location; however, there were no speakers at the public hearing. • 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. 1 . All vehicles for sale shall be limited to automobiles and no more than four (4) vehicles shall be displayed for sale shall be located in the parking lot as depicted on the plan. No more than eight (8) additional vehicles for sale shall be stored to the west of the building as depicted on the plan. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 2. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 4. A six-foot-high fence is required along the edge of pavement adjacent to the inventory storage area in the rear of the property. All existing landscaping and screening must be maintained in good condition. 5. There shall be no outside audio speakers for any purpose. 6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 7. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 8. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all SAIR Enterprises, Inc. Page 3 of 3 adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 10.All outdoor lighting fixtures shall be shielded away from the adjacent residential uses. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentRQ, City Manager.., ABApplicant & Property Owner SAIR Enterprises, Inc. Agenda Item Public Hearing September 11, 2019 City Council Election District Beach 4 Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales) r g Staff Recommendation °,��°� �aA i. A44. °%\, Approval �.Q,4 `'g gd�., $'v ' (( i. 40! v Cosy Staff Planner �'4 ',, �``� Bill Landfair 4. .1 4. 4 65-70 dB DNL 0^4 0, I4 ,,Y.+o 70-75 dB DNL Location e ,75 dB DNL 3096 S. Lynnhaven Road ` ``"<<o GPIN g E. II sian,INNe 1497107039 `_, Went*Street l k Site Size . g 1 lark Street ,f i e c 40,615 square feet / ; r c larkg¢h."'D'" fl >aPZzy AICUZ ;, J - 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District - Automobile Service Station/ B-2 Community '- Business �. Surrounding Land Uses and Zoning Districts ; ..:.; t �.. North �7' - r Mini-Warehouse/ B-2 Community Business - i B1 South >7777 - f Automobile Service Station/ B-2 Community �''�, , Business d r s,ir 71.1 o`` f �1 . & East �<. . Multi-family dwellings/A-18 Apartment West ^ � Single-family dwellings/ R-7.5 Residential f SAIR Enterprises, Inc. Agenda Item 4 Page 1 Background and Summary of Proposal • A Conditional Use Permit for an Automobile Service Station was originally approved for the property in 1966, followed by Modifications of Conditions to permit a convenience store in February 2001 and two additional service bays and a car wash in August 2003. The applicant is now requesting a Conditional Use Permit for Motor Vehicle Sales on property zoned B-2 Community Business District. • The applicant seeks to display up to 14 automobiles for sale on the site, and as such, a Conditional Use Permit is required. No trucks or vehicles other than automobiles are requested to be sold.The submitted concept plan depicts six automobiles to be displayed in the existing parking lot adjacent to S. Lynnhaven Road, and eight automobiles stored as inventory in the rear of the property near the former car wash queue. • In 2004,the site plan approved for the additional service bays and car wash included a landscape plan which is attached as an exhibit to this report. While existing landscaping appears to be consistent with that plan,there is a gap in the required landscape screening adjacent to a dry detention basin located at the rear of the property. This break in the screening accommodates a sewer cleanout pipe installed after the landscaping was planted. To ensure adequate screening of stored automobiles,a six-foot-high fence is recommended along the edge of pavement adjacent to the display area. • No exterior changes to the building are proposed. The office for the motor vehicle sales will be located in the former car wash bay. The car wash equipment has been removed from the bay for this purpose. No exterior signage is proposed at this time. • Typical hours of operation are proposed as 10:00 a.m. to 5:00 p.m., Monday through Friday. It is anticipated that up to four employees may be engaged in the motor vehicle sales operation and will be existing employees on-site working at either the automobile service station or the convenience store. �� C/ R-7.5 01, ,R-7. 7 �f ,i 46' 41 Zoning History 1 # Request ,R-Z5 1_ �� •2J$ 4 1 CUP(Mini-Warehouse)Approved 03/23/1999 / ��j� 2 MOD(Automobile Service Station)Approved r; -, (4 �7 08/26/2003 ` CUP(Automobile Service Station)Approved 02/13/2001 _�. 5A-18 CUP(Automobile Service Station)Approved 03/07/1966 /---- --, 3 CUP(Automobile Service Station)Approved 02/21/1985 I�I..�_`_I ' 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 SAIR Enterprises, Inc. Agenda Item 4 Page 2 Evaluation and Recommendation In Staffs view, subject to the reduction in vehicles on display and the increase in plant material,this request for a Conditional Use Permit for Motor Vehicle Sales is acceptable.The proposed use is consistent with the existing commercial uses in the immediate area. Given that the property is currently zoned B-2 Community Business District,a number of by-right uses have the potential to negatively impact adjacent residential uses, such as a 24-hour fast food restaurant. Moreover, by-right uses do not provide the opportunity for improved site aesthetic upgrades such as landscaping and screening requirements available through the Conditional Use Permit process, and as recommended in the conditions below. As stated previously,there is substantial existing landscaping in place, no exterior changes are proposed to the building, and on-site parking can accommodate both the existing businesses and proposed use. As a condition of approval,Staff recommends that no more than four automobiles be displayed in the parking lot along S. Lynnhaven Road, rather than the six depicted on the layout plan. With this reduction,the on-site parking requirement can be met. Based on the square footage of each use,the Zoning Ordinance requires a total of 24 on-site parking spaces; 14 parking spaces for the convenience store, nine parking spaces for the automobile service station, and one parking space for the motor vehicle sales operation. In addition,Staff recommends a condition that the type of motor vehicles on display be limited to automobiles in order to reduce the potential negative visual impact that large trucks could have on the surrounding residential properties. Based on these considerations, Staff finds this to be an acceptable request subject to the conditions below. Recommended Conditions 1. All vehicles for sale shall be limited to automobiles and no more than four(4)vehicles shall be displayed for sale shall be located in the parking lot as depicted on the plan. No more than eight (8) additional vehicles for sale shall be stored to the west of the building as depicted on the plan. No vehicles shall be displayed on raised platforms,earthen berms, landscape islands,or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 2. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 4. A six-foot-high fence is required along the edge of pavement adjacent to the inventory storage area in the rear of the property. All existing landscaping and screening must be maintained in good condition. 5. There shall be no outside audio speakers for any purpose. 6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 7. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted or attached to the windows, utility poles,trees,or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. SAIR Enterprises, Inc. Agenda Item 4 Page 3 8. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 10. All outdoor lighting fixtures shall be shielded away from the adjacent residential uses. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods 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 located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14800 ADT 1(LOS°"C") S. Lynnhaven Road 12,800 ADT 22,800 ADT 1(LOS°"D") Existing Land Use Z_ 1,640 ADT Silina Drive 4,700 ADT 1 6,200 ADT 1(LOS 4"C") Proposed Land Use 3-1,650 ADT 9,900 ADT 1(LOS 4"D") 1Average Daily Trips(2019) gas defined by automobile 3as defined by automobile service 4 LOS=Level of Service service station and station,convenience store,and convenience store automobile sales w/12 vehicles displayed SAIR Enterprises, Inc. Agenda Item 4 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of S. Lynnhaven Road is a four-lane undivided minor urban arterial roadway. This segment of Silina Drive is a two-lane collector roadway. Neither roadway is designated on the City's Master Transportation Plan. Public Utility Impacts Water The site is connected to City Water. There is an existing 8-inch city water main along S. Lynnhaven Road and an existing 8-inch city water main along Silina Drive. There is an existing 6-inch city water main along Hospital Drive. Sewer The site is connected to City Sewer. There is an existing 8-inch city gravity sanitary sewer main along Silina Drive and an existing 8-inch city gravity sanitary sewer main along Hospital Drive. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on Sunday, August 11, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, August 25, 2019 and Sunday, September 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 5, 2019. SAIR Enterprises, Inc. Agenda Item 4 Page 5 Proposed Concept Plan OW 0. ...�. w Proposed OK `� "` Automobile "°"""` aar�.a Sales Office l Designated . 4-- Designated Parking ii Automobile <,+0. _ For Automobile Sales , Inventory (8 Spaces) }'" ,- (4 Spaces) Q. ' 'it.`4, it ', ' .c }","`" - •....tom t (.. 2 vi ' ;:, `' I . , 5 J 1 �{ , '�; IIIdi OW OA ` . f�6i T k Q- w ,r., i ::} l i 1 P '. �� �r 1 ly ••` ' a 1` =--'. .._.._, : -._. r. } '� ;• }tea-.. • �s : . _ . ..'-' sal "Ar H.}3c3'.,a r-ff (,}. ; . rL 'S= �t� 4F" +€: 1::1Fa�• `"'. - Mill ii _ ..f� 1 f M�.ar__ rt� a ' +.cam` �___._ ..... _ e . � o ——40 a„ - -rit' '`` `— ._— -� fir- — t > SI.INA DRIVE 90'R ) m0+10 sou ,•gyp. SAIR Enterprises, Inc. Agenda Item 4 Page 6 Approved Landscape Plan Proposed Automobile \ ; ...Y ` Sales Office Automobile Y yNMI ... _ Designated Parking InventoryJat p n on - For Automobile Sales 4..4..... 1 at rr : Ra t PR?/[t$RC A . -,(44. .!„ c ; : Q ` lc p . - 54. .4i .._ AT a PC.4 1 j . ti E I A 4:0 • 1 1,\. i.-!4 . i / r Sri r \ • �. J snev �r __ - t 6. ri { I t kL 3 }er , --, ry irk- ! ZJ , { �� +t �'. I 3 .. 4.... •...e, � 11 tt rs .1 'i '. /1 7 �E 1 E ms' E e� ill f,,% !_ 4,--..„, ..�_ 1f . jtJ ' y f ' h • ..f Pf / .7 e ,.0 r r j . 7 ':' ' / JTIL...7i. -:1:- G=a —41101 wow Mem, ter' 11. E '"' _ e SAIR Enterprises, Inc. Agenda Item 4 Page 7 Site Photos pt 0 4i ; .. j .�« 4 to -`4,,it , test .- ' i,';ii; ;4! • a - , Li _ 11. v.. i "44' “. i i t �/_— _.ter A: �: i'I ,....._. 'k +�,=- 1 r ,t, I! I :."."07 '''''..'' `,1''''' l'''''.,-- --,'7.,'...‘-'' lk 1 \ , SAIR Enterprises, Inc. Agenda Item 4 Page 8 Disclosure Statement I Virginia Beach 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 Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any I Page 1 of 7 Planning Commission and Cit Council meetin that ertains to the a plication(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: IO W A ockL., t NQF+MQ- ▪ REVISIONS SUBMITTED DATE: SAIR Enterprises, Inc. Agenda Item 4 Page 9 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:_r z2tripa. 1. If an LLC, list all member's names: U� A2;z 50;r, oi,✓"Gv' 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 footnotesI and 2 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. ECheck 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: If an LLC, list the member's names: Page 2 of 7 SAIR Enterprises, Inc. Agenda Item 4 Page 10 Disclosure Statement �.a 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) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner In one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 SAIR Enterprises, Inc. Agenda Item 4 Page 11 Disclosure Statement V13 APPLICANT Virginia Beach YES NO SERVICE l PROVIDER(use additional sheets If needed) [I n I Accounting and/or preparer of Dan;v I Harjr4►e. CPA l�J t ' your tax return ❑ Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Erthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0- purchaser of the subject property l_J (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors ❑ Er Engineers/Surveyors/Agents Financing (include current BC) ,P'T ❑ mortgage holders and lenders L selected or being considered to provide financing for acquisition or construction of the property) Fr ❑ Legal Services le 6ici/e ; Jab $2,ieh,.gl(eiy rReal 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 ❑ 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 SAIR Enterprises, Inc. Agenda Item 4 Page 12 Disclosure Statement Rry g' 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. �z;z ar t/d6-1 1-APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 SAIR Enterprises, Inc. Agenda Item 4 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. SAIR Enterprises, Inc. Agenda Item 4 Page 14 Item #4 SAIR Enterprises, Inc. Conditional Use Permit (Motor Vehicle Sales) 3096 S. Lynnhaven Road District—Beach September 11t'', 2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Rucinski: Thank you. The next matter on the consent agenda is item number four and that's an application for SAIR Enterprises Inc. and it is a conditional use permit for motor vehicle sales at 3096 South Lynnhaven Road in the Beach District. Do we have a representative for that item? Thank you when you get to the podium, could you state your name for the record and tell us about your application? Mr. Aziz: My name is Arman Aziz representative SAIR Enterprises. Our attention is to open and use automotive sales segment for a company. We already have a premise where the automotive repair, gasoline sales and a car wash system. So, what we have done is that we have closed down our car wash segment and we want to utilize that space for automotive sales. Ms. Rucinski: All right, thank you. Is there anybody here that has opposition of this matter being placed on the consent agenda? Okay, you can have a seat. Okay. See none, the commissioner has asked Commissioner George Alcatraz to read this to the record please. Mr. Alcaraz: A conditional use permit for automobile service station was originally approved for the property in 1966 followed by modifications of conditions to permit a convenience store in February 2001 with service bays in August of 2003, the applicant seeks to display up to 14 automobiles for sale on the site. No exterior changes to the building or propose the office for the motor vehicles will be located in the former car wash bay and as a conditional approval staff recommends that no more than four automobiles be displayed in the parking lot along South Lynnhaven Road, rather than the six depicted on the layout. With this reduction, the onsite parking requirement can be met, staff recommends a condition for the type of motor vehicles to be displayed to be automobiles and based on these considerations staff finds this acceptable and the planning commission recommends approval. Ms. Sandloop:The vote is open. By recorded vote of 10-0, agenda items one, two, number two with conditions as amended, four and six have been approved by consent. 1 AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. All vehicles for sale shall be limited to automobiles and no more than four(4) vehicles shall be displayed for sale shall be located in the parking lot as depicted on the plan. No more than eight (8) additional vehicles for sale shall be stored to the west of the building as depicted on the plan. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 2. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 4. A six-foot-high fence is required along the edge of pavement adjacent to the inventory storage area in the rear of the property. All existing landscaping and screening must be maintained in good condition. 5. There shall be no outside audio speakers for any purpose. 6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 7. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 2 8. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 10. All outdoor lighting fixtures shall be shielded away from the adjacent residential uses. 3 IcOPI. 1 I JAI f • . to4,,,,„'"rok:741",isill 1 _,..-. _16 _ .j IF . , z•-•-1'4 -.---., ,,,_, ''. \-____;-3 7,.., „ ..... ... , . . :'.*:- - e..4 . LI. Q al — '1"Ne .:711r/T4 I . Ow / Asik ''.. lin- ,, ,. NT :t (� ~ , .....,_ . _ - - r ,:i).2) _t, ..... I i/1---% ri , cor►a " y *1 co �� f lis0fi r_•±!!�' l\ \ ‘\N\ .41/4 ,\. N,‘ , , U � \sib N., . ,. \ -,,,,__,--.J , - ,., , , • "7 / -; ; ' \-,4,,,\. 4 7.- , . . Is \ . N., 1:;0,-_ .,,. „ Agr --,T, I ;b.* „=.. Irs*\ \\S‘ . _ 4\\Nis ibik 4 , . , , ' (‘''''' Ail,-; - ____, --T- ' \ . 4 ..1, ‘i . .. /,,, -, / --,Iikr; ;' - \N N. 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C cn rh d CO , d : '7\W,- Iff I N ,r � : 1 l�1 W, 4111.: '''. 1� f ,V if:4 41v :Si CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: HR KEMPSRIVER, LLC [Applicant] BONNEY'S CORNER ASSOCIATES [Owner] Conditional Use Permit (Indoor Recreation Facility) for the property located at 1205 Fordham Drive (GPIN 1465392458), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: October 15, 2019 • Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreation Facility within a portion of an existing vacant retail building located in the Kemps River Shopping Center. The Zoning Ordinance permits an Indoor Recreation Facility of 7,500 square feet or less as a matter of right. As the size of the proposed fitness facility is 24,215 square feet, a Conditional Use Permit is required. A new storefront entrance and signage are the only alterations proposed to the exterior of the building. • Considerations: The proposed use is compatible with the other commercial uses located in the Kemps River Shopping Center and is an excellent reuse of a former vacant retail space. The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use supports the recreational needs of residents. As the venue will be located within an existing unit in a shopping center, the anticipated traffic generated by the use as well as adequate parking has been accounted for in the original design of the center. 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: 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. 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. HR Kempsriver Page 2 of 2 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen1V97 City Manager: iL Applicant HR Kempsriver, LLC Agenda Item Property Owner Bonney's Corner Associates Public Hearing Septemb 11, City„J City Council Election District er Kempsv2019lle i 6 Virginia Beach Request Conditional Use Permit (Indoor Recreation f W �`` Facility) ''., co^"`s F., s Iv. AMo..'R7tl E c Staff Recommendation a • Approval �p" ,�„ a �CQ part* ' a Naa is n Staff Planner 4 N. �S w e /N.. Jonathan Sanders / `^%. i Location aF sert„». , A 1205 Fordham Drive �s �1 GPIN , pc'., ° ° 1465392458 °° E�'+,�'F �' c S Site Size °40 „.a.,, 20.76 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed retail/ B-2 Community Business Surrounding Land Uses and Zoning Districts400 .01°71.,7....."."-...".. 7 North ,_ Mixed retail/ B-2 Community Businesst if sF g5 _ South 'l -Mixed retail, restaurants/B-2 Community • Business F , � East "'3` Mixed retail, restaurants/B-2 Community Business West Kempsriver Drive Mixed retail/ B-2 Community Business - � �•� HR Kempsriver, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant proposes to provide indoor recreation activities for a 24-hour fitness facility within a portion of a vacant retail building. The Zoning Ordinance permits an Indoor Recreation Facility of 7,500 square feet or less as a matter of right. As the size of the proposed facility is 24,215 square feet, a Conditional Use Permit is required. • A new storefront entrance is proposed with signage above, as depicted in the rendering on page 6 of this report. • The Zoning Ordinance requires a minimum of 121 parking spaces for the proposed use. As the site was built to accommodate a variety of retail uses, adequate parking is provided. `!) 17-7 I( Zoning History //�, 8.2 # Request 2 //a. df�'%/ € R' 1 SVR Approved 02/08/2000 it, y 2 :mut.P(Church)Approved08/24/2004 �y3ODAprovedo8/26/2008P(Housing for Seniors& Disabled Persons)Approved '�,. 02 02/22/2005 t p B 2 p 4 CUP(Church)Approved 01/11/1994 R � �_ ; 5 CRZ(0-2 to Conditional B-1)Approved 12/11/2007 /9-0-2 8.2 8- , . 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 The proposed Conditional Use Permit request for an Indoor Recreation Facility, will be in Staff's opinion, acceptable for approval. The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use supports the recreational needs of residents. As the venue will be located within a unit in a retail shopping center,the anticipated traffic generated by the use has been accounted for in the original design for traffic flow and parking for the shopping center.The proposed use is compatible with the other commercial uses located in the Kemps River Shopping Center and is an excellent reuse of a former vacant retail space.The Zoning Ordinance requires a minimum of 121 parking spaces for the proposed use. As the site was built to accommodate a variety of retail uses, adequate parking is provided. Staff recommends approval of this request, subject to the conditions below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division,the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. HR Kempsriver, LLC Agenda Item 6 Page 2 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a 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 in the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site, as it is developed with a shopping center and asphalt parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsriver Drive 8,400 ADT 1 20,700 ADT 1(LOS 2"D") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. HR Kempsriver, LLC Agenda Item 6 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on Sunday, August 11, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,August 25, 2019 and Sunday, September 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 5, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, September 29, 2019 and Sunday, October 6, 2019. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on September 30, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on October 11, 2019. HR Kempsriver, LLC Agenda Item 6 Page 4 Proposed Site Layout Exhibit A 51'x19'4" -985sq.ft NOT NCLUDID 120'wide x 210'deep 25,200 sq. ft. - 985 sal. ft. I 210'1 24,215 +sq. ft. I Pflin°et 1 f 40'wide column bays J 120' 1(0638,a 15 HR Kempsriver, LLC Agenda Item 6 Page 5 Proposed Entrance & Signage ,,...,.r.-- ,! •-, _ , . Aft planet l'or fitness mo...........m maw ,,,....., ___ -- •:-... - •.:-...:„ +. -!. „,.. .- HR Kempsriver, LLC Agenda Item 6 Page 6 Site Photos 1, 1.� AL imil -- ---- t' II— *G i - k• HR Kempsriver, LLC Agenda Item 6 Page 7 Disclosure Statement 11/4143 Virginia Beach APPLICANT'S NAME HR Kempsriver 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 r Disposition of City Modification of by City rProperty Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A eels �1 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 l 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 Vir• ginia law. • SECTION 1 / APPLICANT DISCLOSURE tFOR CITY USE ONO A?disc im i e, Of,,p ,;ted two t2)xteks prior to any Page 1 of 7 Pianninsi Commission and Cty Council meetirto that oartains to the a tpl+catiaMsj. U l 1 APPLICANT NOTIFIED OF HEARING DATE i NO CHANCES AS OF DATE. L O /2/I Q( JS Jonathan Sanders REVISIONS SUBMITTED DATE: 111 HR Kempsriver, LLC Agenda Item 6 Page 8 Disclosure Statement Virginia Beach El Check here if the APPLICANT L 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:HR Kempsriver LLC,d/b/a Plane If an LLC, list all member's names: Kenneth Ryder, Sheree J. Ryder, Michael D. Barnes,Sheryl Baker If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) PF Hamptonroads LLC (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) HR DB Boulevard, LLC PF Hilltop LLC VB Planet 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. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck 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:Bonney's Corner Associates, LLP If an LLC, list the member's names. Lawrence Fleder, Karen Jaffe,Jim Caplan Page 2 of 7 HR Kempsriver, LLC Agenda Item 6 Page 9 Disclosure Statement 'NB Virginia Bead! 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) Bonney's Corner Associates,LLP 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 HR Kempsriver, LLC Agenda Item 6 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NOO l SERVICE ( PROVIDER iusse�az itional sheets if II X Accounting and/or preparer of your tax return UArchitect/Landscape Architect/ Land Planner U ® ' Contract Purchaser of other than the Applicants)-identify purchaser and purchaser's service providers Any other pending proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Not yet ❑ Engineers/Surveyors/Agents SIA Site Improvement Finandng(include current ❑ mortgage holders and lenders r�1 selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Troutman Sanders,Wilcox Savage Real Estate Brokers/ John M.Merenda._- '�� ❑ Agents/Realtors for current and anticipated future sales of the sub'ect .ro C SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have - ILan 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 HR Kempsriver, LLC Agenda Item 6 Page 11 Disclosure Statement 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 m•eting of any public body or committee in connection with this A.•licat / A . sic TURF - AM — _ PRINT NAME DATE Page 5 of 7 HR Kempsriver, LLC Agenda Item 6 Page 12 Disclosure Statement OWNER Virginia Bead) YES ; NO SERVICE I PROVIDER Cuss additioeal sheets if needed) UXI Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser Of other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n C purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) Construction Contractors__ Not yet X n Engineers/Surveyors/Agents SIA Site Improvement Financing(include current • — mortgage holders and lenders • X selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Troutman Sanders,Wilcox Savage Real Estate Brokers/ 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 n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 HR Kempsriver, LLC Agenda Item 6 Page 13 Disclosure Statement igini; P ,,r11 _—Jnesommomiewer 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 k Application. jitcerkhzi fietter—T,4$4:-/7, OP.'"- 4oreg¢ �J�/' PRINT NAME ATE Page 7 of 7 HR Kempsriver, LLC Agenda Item 6 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. HR Kempsriver, LLC Agenda Item 6 Page 15 Item#6 HR Kempsriver, LLC Conditional Use Permit (Indoor Recreation Facility) 1205 Fordham Drive District—Kempsville September 11th, 2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Rucinski: Alright, so we'll say that to be heard. So the next item on the consent agenda is number six. That is an application for HR Kempsriver, LLC and Bonney's Corner Associates that is a Conditional Use Permit for an Indoor Recreation Facility at 1205 Fordham Drive, and that is in the Kempsville District. Mr. Nutter: Thank you Ms. Rucinski. Thank you, my name is R. J. Nutter. I'm an attorney representative of the applicant,pleasure to be here. Thank you for having me. First, thank you for putting us on the consent agenda. We appreciate that. Mr. Sanders, Mr. Weiner appreciate all your help is a great application. We're happy someone's moving into this space. All the conditions are acceptable and I'm happy to answer any questions you might have. Ms. Rucinski: Is there anybody with opposition to this being placed on the consent agenda? Okay, see none. The chairman has asked Commissioner Dave Weiner to read this in for the record. Mr. Weiner: Thank you Ms. Rucinski. This is a Conditional Use Permit for Indoor Recreation Facility at Kemps River Shopping Center. The applicant proposes to provide indoor recreation activities for a 24-hour fitness facility. The zoning ordinance permits an indoor recreation facility for up to 7,500 square feet as a matter of right. The proposed facility is going to be over 24,000 square feet. And it would need a conditional use permit will be required. A new storefront entrance proposed with signage above, we recommend approval and put this on a consent agenda. Ms. Rucinski: All right, thank you, Madam Chair that was the last item on the consent agenda. I make a motion that items one,two with the removal of condition number two, item number four and number six be approved. Ms. Oliver: Right, do we have a second? Mr. Wall: Second. 1 Ms. Sandloop:The vote is open. By recorded vote of 10-0, agenda items one, two, number two with conditions as amended, four and six have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. 2 "'-- _ CO F t I ,ram n io IJ::Jf , c,:,.. __,(5„)_. , „47) u. 3 .) .„--, 1.j b t iL) - --L.---% % _, (::3 0 _.,.._ 1.-. ,....„ c„„ nt\ CD C3 C? c--_-:1 C.\\\ 03 cc ,,,.......*.ks---- ,\ ,, \ .\ ._ --- \ , , 0 .,..,.- \II'kil\\\ ,c-,„.\\,....> _ A...N.iik 4NN ,N'IS-. \ >. W i A:7,04.. ,t ‘\.* z -0 Ni In , \Issii‘L ., lik........ 'co 2. ..„, ..„__‘, -Nsiil iiSlii,„,,,HH:s* - --::::-.---‘ \\ \\ ___--------i- .__ 4-• E co \ -1 (- ,d S \A'\\ t0 t0 ',) k 6' It tV d , . - i 1"d La rRo t a 1 . ''',C\I \ ,� \ v 7 9 \'''' 14 s. sy 7. as y .. cn 0 NJ a m v ,„ S�`x��i cHl 7 IVw� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THE GLAM LIFE BEAUTY BAR, LLC [Applicant] KH HR HAYGOOD, LLC [Property Owner] Conditional Use Permit(Tattoo Parlor) on property located at 4663 Haygood Road, Suite 207 (GPIN 1478369360), COUNCIL DISTRICT — BAYSIDE MEETING DATE: October 15, 2019 • Background: As the applicant plans to offer microblading services (the application of permanent makeup) within an existing 1,500 square foot salon in the Bayside District, a Conditional Use Permit for a Tattoo Parlor is requested. No exterior changes to the building or to the existing signage are proposed. • Considerations: The proposed request is an acceptable use as it will be compatible with the other existing commercial businesses in the area. The increase in traffic with the addition of microblading in the salon will be negligible. Other salons in Virginia Beach have successfully incorporated microblading services without incident. There is no known opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • 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. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. The Glam Life Beauty Bar, LLC Page 2 of 2 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department?-Q7 City Manager: (., Applicant The Glam Life Beauty Bar, LLC Property Owner KH HR Haygood, LLC Agenda Item Public Hearing September 11 2019 ciry�t City Council Election District Bayside, Virginia Beach Request Conditional Use Permit (Tattoo Parlor) '< c ) „th,rtRo„ Staff Recommendation Approval 6 • 10111111r. ,,,....... a Staff Planner Jonathan Sanders a,°''` ; s• I I . d.s`''... f Location ,F "` ,,. .14663 Haygood Road, Suite 207 '� �a ..°°' ' GPIN .,^' a `,� ' 1478369360 °ter., ,,, wF�y Site Size rp¢ .. .," a" �se' ' 3.35 acres *' �,� �"° AICUZ ` Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District s ,` ,, a Mixed retail/ B-2 Community Business - . , SurroundingLand Uses and ZoningDistricts _ *,> ` . *: ' ' North + ' - , � s Haygood Road $` �.`1 > Office/0-2 Office -, , , . t South , 1 Mixed retail/ B-2 Community Business : .. s East , ' Shopping center/ B-2 Community Business -;, t, Westi' - Mixed retail/ B-2 Community Business , '� 3 The Glam Life Beauty Bar, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant is requesting to operate a Tattoo Parlor for permanent makeup, known as microblading,within an existing 1,500 square foot salon. The unit is located within a commercial building along Haygood Road. • According to the application,four employees are anticipated. • The typical hours of operation have been identified as between 9:00 a.m. to 7:30 p.m.,seven days a week. • No exterior changes are proposed to the building or to the existing signage. a2 K,2 5 i ` R-TJ ° % Zoning History t o "wy�oaao� # Request 1 CUP(Church Addition)Approved 12/17/1984 2 3 2 REZ(B-2 to 0-2)Approved 11/26/1996 3 CUP(Fitness Center)Approved 11/24/2009 CUP(Fuel Sales)Approved 11/28/2006 0-2 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 The proposed request for the Conditional Use Permit for a Tattoo Parlor is, in Staff's opinion, acceptable given that the use will be compatible with the other existing commercial businesses in the area. The increase in traffic with the addition of microblading in the salon will be negligible. Other salons in Virginia Beach have successfully incorporated microblading services without incident. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. The Glam Life Beauty Bar, LLC Agenda Item 1 Page 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a 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 in the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site, as it is developed with a shopping center and asphalt parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 45,300 ADT 1 55,500 ADT 1(LOS 2"D") No Change Anticipated Haygood Rd 20,700 ADT 1 25,100 ADT 1(LOS 2"D") 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. The Glam Life Beauty Bar, LLC Agenda Item 1 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on Sunday, August 11, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, August 25, 2019 and Sunday, September 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 5, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, September 29, 2019 and Sunday, October 6, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on September 30, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on October 11, 2019. The Glam Life Beauty Bar, LLC Agenda Item 1 Page 4 Site Layout 11r - - 4- ' - I ,-. - -- . .0.0 - ,_ , ', it ..,4 . .,/...10 • ', .., ' 40 • --- .- .. -'•,--- ---- - • - S. '' \14''').:-.11v. ::::_;',..,..,11.47-1111111.:: . ::.:1. :' '1 - •%-:. '1:-'-- . - - -. .. 41#1, • 0-..--_.-s- . t • 0, k. = .. . ...:\ _ .....- ; -,, --'.- 401.1111111 . t. r ;,- ........- • - ....., ,..•••- --, $5 ' , , ---•'-::-'-;- oll , -, , _,_.,_ ,,,,, i 1 , t .,. - VI'• -1;:-.-- le .... . i .,•,,,--,--,-,--.-., . ' ,...... , , :.- a. •.,_ : .t . 71' 0 , " 411' - ,-Z. \ t 1 ,, • , . . - - ..1,.. _ . 11 IA -- 1 t \ r4r--- --'' - f.........! - a. tt t '----''''"'::• --. z:.--,, It 4 il''1.7",•-• ii ---- - - ) --- 40 •k tl, . • ---;', - on co, -411 ' I '' -- ' ' -' --.' - © .., IP, -,%-itl,cv?,,,..,.• ' ,, '' ' -?--_,,, -----• -1-:'--; ,e0;* ‘--- todikTip Kjot. --. , ,,,,,..,,,,, t- 1000/0\or •--- V .1 r The Glam Life Beauty Bar, LLC Agenda Item 1 Page 5 Site Photos !+Pt coo _ a . O s . The Glam Life Beauty Bar, LLC Agenda Item 1 Page 6 Disclosure Statement Ni3 Virginia Beach APPLICANT'S NAME The Glam Life Beauty Bar, 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 CITY USE ONLY/Ad disclosures must be updated two(2j weeks pro to any Page 1 of 7 Planning Commission and Crty Councd meeting that penams to the app'cat+onjsl. CI APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE a/`2/ �l C� J Jonathan Sanders ❑ REVISIONS SUBMITTED DATE The Glam Life Beauty Bar, LLC Agenda Item 1 Page 7 Disclosure Statement .11/413 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:The Glam Life Beauty Bar, LLC If an LLC, list all member's names: Alicia Seigler 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 footnotes1 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. M 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:KH HR Haygood, LLC If an LLC, list the member's names:See attached list Page 2 of 7 The Glam Life Beauty Bar, LLC Agenda Item 1 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Alex and O. Pete Kota rides and Sons LLC "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 relationshi other than p. 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 The Glam Life Beauty Bar, LLC Agenda Item 1 Page 9 Disclosure Statement 1/33 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I ® Accounting and/or preparer of your tax return 111 h �1 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) El ® Construction Contractors I 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) I I // 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 ❑ '�r 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 The Glam Life Beauty Bar, LLC Agenda Item 1 Page 10 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. APP[ICAa P[ PRIM NAME DATE. A f/C l 4 jet)te- 312 r 1'1 Page S , The Glam Life Beauty Bar, LLC Agenda Item 1 Page 11 Disclosure Statement OWNER Virginia 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 ❑ r_� the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property A. (identify purchaser(s)and purchaser's service providers) Construction Contractors I I ® Engineers/Surveyors/Agents 1 Financing (include current l l mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ T /1 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 CI �� 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 The Glam Life Beauty Bar, LLC Agenda Item 1 Page 12 Disclosure Statement Ni3 Virginia Bt•ac b CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. E 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. KH EiR HAYG(R11)1.1.(1 By.Alex and() Pere Kotaridcs and lions 1.1(:,its Manager Pete A Kotandes,Manager PROPERT`SpriVER S SIGNATURE" ' PRIM NAME rvo t ,-:age 7 of 7 The Glam Life Beauty Bar, LLC Agenda Item 1 Page 13 Disclosure Statement SECTION 2(A)—PROPERTY OWNER DISCLOSURE(page 2) KH HR HAYGOOD LLC Members: -KH HR Centers LLC -Alex and 0.Pete Kotarides and Sons LLC KH HR CENTERS LLC Members: -RCC Ventures III,LLC Members: - Ashby R.Hackney - Roby H.Hackney - T.Pope Hackney -Alex and O.Pete Kotarides and Sons LLC Members: -Pete Alex Kotarides and Petro A.Kotarides,Co-Trustees of the Alex Pete Kotarides Revocable Trust U/A/D 3/19/04 •O.Pete Kotarides,Trustee of the O.Pete Kotarides Revocable Trust U/A/D 3/19/04 •Pete A.Kotarides -Pete O.Kotarides -Petro A.Kotarides -Basil O.Kotarides -Syracuse LLC Members: - Barry A.Hackney - Ashby R.Hackney - Roby H.Hackney - T.Pope Hackney The Glam Life Beauty Bar, LLC Agenda Item 1 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Glam Life Beauty Bar, LLC Agenda Item 1 Page 15 Item#1 The Glam Life Beauty Bar, LLC Conditional Use Permit (Tattoo Parlor) 4663 Haygood Road, Suite 207 District—Bayside September 11th,2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Thank you very much. Alright, the next order of business, we're going to address those that have been placed on the consent agenda and our vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you Madam Chair. This afternoon, we have, I believe five items on the consent agenda. The first matter on the agenda is item number one, and that is an application of The Glam Life Beauty Bar, LLC and KH HR Haygood, LLC is a Conditional Use Permit for a Tattoo Parlor at 4663 Haygood Road, Suite 207, and that is in the Bayside District. Do we have a representative for that application? Could you come forward, please? Could you state your name for the record and then just tell us a little bit about your application? Ms. Siegler: Okay, Alicia Siegler. I'm requesting a Conditional Use Permit for permanent makeup with the microblading. We're not actually going to be doing body tattoos, just microblading. Ms. Rucinski: Okay, thank you. Ms. Oliver: Thank you. Ms. Rucinski: Is there any opposition to this application being put on the consent agenda? Okay, hearing none, the chairman has asked Commissioner Dave Redmond to review this for the record. Mr. Redmond:Thank you. This is an application for conditional use permit to add a particular use, microblading which is also as the applicant stated, known as permanent makeup, eyebrows, other features. It's not tattoos in the sense of an anchor on someone's shoulder. It's a very specific function in an existing business in an existing space on Haygood Road, which is operated without incident. The staff recommends approval. We are unaware of any opposition, and the Commission agrees by consent. Thank you. 1 Ms. Sandloop:The vote is open. By recorded vote of 10-0, agenda items one, two, number two with conditions as amended, four and six have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 2 r , r __ „.. • , , „. ,..., , 0 ., ,.69.„.~�-/ " 1 v- / . . , -, � �� ...,,-, / ----- ---,. / / • • E sc\i7: 74.—../;'' / f ; 1T' c en NNNN.K\ Imo Mt ZNIEJ\ 4,16 = C \ _,1--‘1 , nUMW 0 0 ,.s , 4_.„, ,,,--_,...„ / . ._...„ ,_ ../ • •,._____ ,,,„ , w . r----- c--s- ---/ > / / ,,, ‘,.........I / Lif -----, , , , / i „,. , , , ,,. i. / / 13 ! f -- / Q' fft t /IX , J/ _ r: � ~4 S i„ 4.�� J C. 4v� ., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DAVID & CAROL HAWKINS [Applicant & Owner] Conditional Use Permit (Residential Kennel) for the property located at 2125 Tennyson Court (GPIN 2414471685), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: October 15, 2019 • Background: The applicant is requesting a Conditional Use Permit for a Residential Kennel at their residence in the Ocean Lakes neighborhood. The Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel whenever more than four dogs are kept on a residentially-zoned property. During the dog licensing process, the applicant was made aware of the Conditional Use Permit requirement, as the applicant currently owns six adult companion dogs. The applicant has indicated that the dogs reside inside the single-family dwelling the majority of the time, and as such, no outdoor kennels exist on the property. The dogs are treated as "part of the family" and are typically outside while supervised for outdoor recreation and breaks. The back yard is enclosed with a six-foot high, solid privacy wooden fence and there is ample space for the dogs to exercise on the 13,206 square foot property. • Considerations: The applicant has agreed to a condition that at any such time if any of the dogs covered by the Conditional Use Permit are removed from the property for any reason they cannot be replaced, with an exception that the applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. According to Animal Control, there are no recent complaints registered regarding the dogs on this property. The adjacent property owners to the north, west, and south have all submitted letters of support. 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: 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. 1 . This Conditional Use Permit shall be limited to a maximum of six (6) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any David & Carol Hawkins Page 2 of 2 kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof/insulated and air-conditioned building. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. The existing fences on the property shall be maintained in good condition. 6. No dog shall be left outdoors unattended for long periods of time. As volunteered by the applicant, the dogs shall be inside of the single-family dwelling for the majority of the day, with an exception to breaks for urination, defecation, and daily exercise. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department?97 City Manager: I kt— Applicant & Property Owners David & Carol Hawkins Agenda Item Public Hearing September 11 2019 Br NI City Council Election District Princess, Anne 2 Virginia Beach Request Conditional Use Permit (Residential Kennel) /0.11 dB ONI / MrimsDrrve %I A jj {} #t ''o. Staff Recommendation s °-\\�` 0,,, ; // Approval d , g NO, j"� 4....." ,',• s i 3 ° 3 -,w �q�.,„ Staff Planner f d -t r e 3 0 sd,ubtrtDde r � aa‘�Gdi` Marchelle Coleman I a 4t lS,huvMne,p04d a` °'''� Location f S o hail IIII 2125 Tennyson Court s tb,�ti , GPIN 3 a"° 2414471685 85-r 0 d8 DN L t Gdeon Road Ring( Site Size 4 ; 13,206 square feet �'P^BUr,,,e Ia / ,�` AICUZ cf �/court .° °A / *t. 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District 'k F i / Single-family dwelling/R-10 Residential sr : Air -ter Surrounding Land Uses and Zoning Districts North Single-family dwelling/R 10 Residential ' 4°� _ `" South ' Single-family dwelling/R-10 Residential , East ' Tennyson Court ,!o ,�z r-. Single-family dwelling/R-10 Residential West 4 . *gr� Single-family dwelling/R-10 Residential :: ~� tr A---, David &Carol Hawkins Agenda Item 2 Page 1 Background and Summary of Proposal • Section 111 of the Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel whenever more than four dogs are kept on a residential property. During the dog licensing process,the applicant was made aware of the Conditional Use Permit requirement. As the applicant currently owns six adult companion dogs (Labrador Retrievers), a Conditional Use Permit is requested in order to rectify the oversight. • The property is developed with a single-family dwelling in the Ocean Lakes neighborhood. The applicant has indicated that the dogs reside inside of the single-family dwelling for the majority of the time, and as such, no outdoor kennels exist on the property. • The dogs are considered and treated as "part of the family" and are typically outside while supervised for outdoor recreation and breaks.The back yard is enclosed with a privacy wooden fence and there is ample space for the dogs to exercise. r \ Cf 1 R-1 % I/ Zoning History R-10 # Request 1 CUP(Home-Based Wildlife Rehabilitation)Approved 06/21/2016 R-1.5 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 The request for a Conditional Use Permit for a Residential Kennel is, in Staff's opinion, acceptable. According to Animal Control,there are no recent complaints registered regarding the dogs on this property, however; in 2010 there were a few calls in regard to excessive barking on the property.A summons was issued, and the case was resolved.There have been no complaints since that time, as such,Animal Control does not have any issues with this application.The adjacent property owners to the west, north and south have all submitted letters of support. Based on these considerations, Staff is recommending approval of this request, subject to the conditions below. David &Carol Hawkins Agenda Item 2 Page 2 Recommended Conditions 1. This Conditional Use Permit shall be limited to a maximum of six(6)adult dogs.At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s)of any kind,gender,age, or breed shall be permitted on the property to replace the dog(s).The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. In accordance with Section 223 of the Zoning Ordinance,the dogs must be kept in a soundproof/insulated and air-conditioned building. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. The existing fences on the property shall be maintained in good condition. 6. No dog shall be left outdoors unattended for long periods of time.As volunteered by the applicant,the dogs shall be inside of the single-family dwelling for the majority of the day,with an exception to breaks for urination, defecation,and daily exercise. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed.There does not appear to be any significant natural or cultural resources associated with the site. David&Carol Hawkins Agenda Item 2 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Tennyson Court No Data Available Existing Land Use '—10 ADT Proposed Land Use 2- 10 ADT 'as defined by one single-family gas defined by a residential dwelling kennel Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • Five letters of support have been received by the adjacent property owners in support of this application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on Sunday, August 11, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, August 25, 2019 and Sunday, September 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 5, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday, September 29, 2019 and Sunday, October 6, 2019. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on September 30, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.comi/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on October 11, 2019. David & Carol Hawkins Agenda Item 2 Page 4 Site Layout -,..„. --, -,..,<7,54..........z... , (c.,c...____.7 _ r 4. Q • /I a ` ai $ r `✓ �\ — —4... 00 .. --_ A, ..,,,. s1 - - '� al* �N per, ` .... 3 Q` ,N. * N — .0 mai> 1 -vc0 > I2 c In to: /` s � N � r N O r—. AlliliP.illf: 440' Q r' %! co * / .7/ u) : :c.-- ..t ..,_ 4`411, tr !/ in ni a m o / l Ii L ao David&Carol Hawkins Agenda Item 2 Page 5 Site Photos . ----,'\ ---__*•.:1;*-4---2.,;,: i.- '-:,-- . - - • • , • . .. -,. ''.-, : ... _ ,if-ii :- -. . „ . --- . ,,.-• ., . , .. . .. .. , .• • • id ,• ' . , ...I Ti I J. .... r•,, . - - — _ ,—- '- i 11111 '7,1 tut 11 II ' 1 II • •'-i' •t-- , • ,, • -,.. , /,1\ ;to -/ •Ale fo - ..., - _ — - -•,.;= .—_ - ' - • '0" •--4,14 „ ,let, 0- te -7;4' ot.--•• '. • ' 't.:4, •.• " •-'. , 4. • '' 4 ';9‘' -° " '-•' ,-,4)- - • • . - . 7 1\ ' •-. .4. .../ .,. plitairr. , -' .• .. i F its .11- . .,.._ ,,.........,.. ._. David & Carol Hawkins Agenda Item 2 Page 6 Disclosure Statement \irginia Beach APPLICANT'S NAME David P. Hawkins 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 [r 9M10/19 iZ�/e Marchelle L. Coleman David & Carol Hawkins Agenda Item 2 Page 7 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 IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t 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 David&Carol Hawkins Agenda Item 2 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) `Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly ovens shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act. Va. Code§2.2-3101 2 'Affiliated business entityrelationship- means "a relationship. other than P parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (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 David & Carol Hawkins Agenda Item 2 Page 9 Disclosure Statement .U3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) II ® Accounting and/or preparer of I I 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 ❑ r 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 / • =' 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 ❑ T 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 David &Carol Hawkins Agenda Item 2 Page 10 Disclosure Statement 1VB Virginia Beach CERTIFICATION: _. I I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. F i (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. David P.Hawkins j�/ MT'S SIGNATURE PRINT NAME DATE - - I • Page 5 of 7 David &Carol Hawkins Agenda Item 2 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. David &Carol Hawkins Agenda Item 2 Page 12 Item#2 David & Carol Hawkins Conditional Use Permit (Residential Kennel) 2125 Tennyson Court District— Princess Anne September 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Rucinski: Thank you. The next item on the consent agenda is item number two. This is an application for David and Carol Hawkins. It is for a Conditional Use Permit for a Residential Kennel at 2125 Tennyson Court in the Princess Anne District. Is there an applicant available? Thank you if you could state your name for the record and tell us about your application? Mr. Hawkins: Sure. My name is David Hawkins. We're asking for a Conditional Use Permit to maintain the six dogs we currently have until they age out and we get down to the four dogs that are marked by the City and that's pretty much it. We've licensed all our dogs for years and years and then I guess, some records and something came up and they said you've got too many. Ms. Rucinski: I understand that you're asking for the condition number two to be removed because you do have one. Mr. Hawkins: Yes, I do. We have one female dog that is still a breeding age and she is expecting dual pups in mid-October. So, I'm asking to be able to have that one removed. Mr. Rucinski: Okay, thank you. Mr. Hawkins: Then, once a dog hits about seven years, well, seven and a half years we stop breeding and they're just our pets. Ms. Rucinski: Okay, thank you. Do we have any opposition to this matter being placed on the consent agenda? Okay, seeing none, the chairman has asked Commissioner Steve Barnes to review this for the record. Mr. Barnes: Thank you, ma'am. The request for Conditional Use Permit for a Residential Kennel is, in the staff's opinion, acceptable according to the Animal Control. There are no recent complaints registered regarding the dogs on this property; however, in 2010 there were a few calls in regard to excessive barking, a summons was issued,the case was resolved. There's been no complaint since. Based on these considerations, the Staff has recommended approval of this request and we're not aware of any 1 opposition. There are seven recommended conditions with this permit. Number two, if I recall, it's going to be changed. It says no breeding of dogs on the property what I understand there be one time a year, is that correct? Okay. So, we put it on a Consent agenda since there's no opposition. Ms. Sandloop:The vote is open. By recorded vote of 10-0, agenda items one, two, number two with conditions as amended, four and six have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. This Conditional Use Permit shall be limited to a maximum of six (6) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof/insulated and air-conditioned building. 3. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. The existing fences on the property shall be maintained in good condition. 6. No dog shall be left outdoors unattended for long periods of time. As volunteered by the applicant, the dogs shall be inside of the single-family dwelling for the majority of the day, with an exception to breaks for urination, defecation, and daily exercise. 2 M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/01/2019 PAGE: 1 B AGENDA ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I O B CDNOMOOL W 0 O C Y L NOUWS 0 T T HEEE S S E O O E T I - R Y S S ERNDN CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER(SITW) A. AFTER-ACTION REPORT AND 2020 KICK- Brian Solis, OFF Assistant to Acting City Manager for Special Events B. EXPENSES AUDIT RESULTS Lyndon Remias, City Auditor C. CITY AND REGIONAL ECONOMIC IMPACT Dr.Vinod Agarwal, ANALYSIS Old Dominion University II/III/ CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IVN NI/ A-E MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y F. September 17,2019 G. MAYOR'S PRESENTATION Pat Roll, 1. FAITH WORKS COALITION DAY Glen Sweitzer and Matthew Weinstein H. PUBLIC COMMENT 1. 2020 LEGISLATIVE AGENDA 4 SPEAKERS I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT 6 SPEAKERS City Council Members Resign to Run 2. CONSIDER SALE OF EXCESS PROPERTY NO SPEAKERS 2224 London Street PROPOSED FRANCHISE AGREEMENT 2 SPEAKERS 3. Virginia Beach Horseback,Inc. K.1 Ordinances to AMEND City Code Sections: a. 2-3 re Appointments to Boards and Commissions ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y (Requested by Council Member Henley) 4-1 re Special Events Permits b. ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT K.2 Resolution to MOVE the November 5, 2019, ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Regular Meeting of the City Council to November 12,2019(Requested by City Council) K.3 Resolution to DECLARE November 15—December ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 15, 2019, as Buy Local Month (Requested by CONSENT Council Member Wooten) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/01/2019 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDNOMOOL W 0 0 C Y L NOUWS 0 T T HEEE S S E O O E T I R Y S S ERNDN K.4 Ordinance to GRANT a Franchise Agreement to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia Beach Horseback, Inc. re allow guided CONSENT horse riding tours on the beach K.5 Resolution to AUTHORIZE the issuance of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Development Authority Revenue Bonds re acquisition, construction, renovation, rehabilitation /equipping of the approximately 186-Unit The Commons at Princess Anne Multi- Family Housing Facility K.6 Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portions of City property known CONSENT as Lake Joyce and the 25'strip of land around Lake Joyce located at the rear of 4321 Blackbeard Road re remove existing pier, construct / maintain proposed riprap revetment,timber pier and boat ramp and maintain the existing bulkhead and fencing K.7 Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease with the United States Coast CONSENT Guard for up to five(5)years for 36+/-square foot portion of City property located on the Jetty on the North side of Rudee Inlet re lighting,power supply equipment and associated navigational aids K.8 Ordinance to APPROPRIATE$139,000 from Fund ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Balance of the Police Federal and State Seized Assets CONSENT Special Revenue Fund to the FY 2019-20 Police Operating Budget re confidential informant awards, canines, rifle mounted lasers, light replacements and tactical training K.9 Ordinances to ACCEPT and APPROPRIATE: a. $77,750 from the Department of Homeland Security ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to the FY 2019-20 Police Operating Budget / CONSENT TRANSFER$25,917 within the FY 2019-20 Police Operating Budget to provide the required local grant match re marine patrol equipment b. $98,619 from the Virginia Department of Behavioral ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Health and Developmental Services(DBHDS)to the CONSENT FY 2019-20 Human Services Operating Budget; AUTHORIZE one (1) full-time position / CONVERT one(1)part-time position to a full-time position re STEP-VA Primary Care Screenings Services Program c. $195,000 from the Virginia Department of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Behavioral Health / Developmental Services CONSENT (DBHDS)to FY 2019-20 Human Services Operating Budget/AUTHORIZE two(2)full-time positions re STEP-VA Outpatient Behavioral Health Services Program d. $226,821.41 in developer contribution from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Renaissance Apts.I,L.P.to CIP#2-025 Witchduck CONSENT Road Phase II re construction of required improvements CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/01/2019 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W V B U E J R T I 0 B C DNOMO 0 L W 0 0 C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN L.I PETER COLEMAN&JOAN SHEPHARD for APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y a Street Closure re one-half of unimproved unnamed alley adjacent to 709 Vanderbilt Avenue DISTRICT 6—BEACH L.2 ROBERT & JANET KOTTKE for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions re preschool/day-care MODIFIED facility at 2660 West Neck Road DISTRICT 7— CONDITIONS, PRINCESS ANNE BY CONSENT L.3 CHESAPEAKE BAY FOUNDATION,INC.for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y a Modification of Conditions re environmental MODIFIED education center at 3663 Marlin Bay Drive CONDITIONS DISTRICT 4—BAYSIDE L.4 VIRGINIA BEACH DIGIPORTS, LLC / APPROVED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y TAYLOR FARMS LAND COMPANY, LLC PROFFERED for a Conditional COZ from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial)re data center/mechanical yard at 2097 Harpers Road DISTRICT 6—BEACH L.5 SHENELL LATHAM/DONG JO KIM for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re assembly use at 4604 Pembroke Lake CONDITIONED, Circle,Suite 106 DISTRICT 4—BAYSIDE BY CONSENT L.6 MICHAEL CARLSON / WILLIAM D. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FRIERSON,III for a CUP re automotive repair CONDITIONED, garage at 1181 Jensen Drive DISTRICT 6 — AS REVISED, BEACH BY CONSENT L.7 CHRISTINA MARCHIONE / BRUCE & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SUSAN WHITAKER for a CUP re automotive CONDITIONED, repair garage at 2601 Production Road,Unit 102 BY CONSENT DISTRICT 6—BEACH L.8 MONICA YVONNE LANCASTER fora CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y re family day-care home at 1505 Colebrook CONDITIONED, Drive DISTRICT 1—CENTERVILLE BY CONSENT L.9 T&S LAWN&LANDSCAPING,LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re bulk storage yard at 400 Davis Street CONDITIONED, DISTRICT 2—KEMPSVILLE BY CONSENT M. APPOINTMENTS: RESCHEDULED B YCONS EN SUS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/01/2019 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R AL H ll' B U E J R T I 0 B CDNOMO 0 L W 0 0 C Y L NOUWS 0 T THEEE S S E 0 0 E T I R Y S S E R N D N DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD ADVERTISING ADVISORY COMMISSION Appointed: George R. Kuhlman, Ex-Officio No Term BIKEWAYS AND TRAILS ADVISORY Appointed: COMMITTEE Walter Camp Unexpired Term thru 06/30/2021 BOARD OF BUILDING CODE APPEALS Reappointed: —BUILDING MAINTENANCE DIVISION Thomas Atherton, III Ruth Bell Mrs.Jimmie Koch 2 Year Term 09/18/2019— 09/30/2021 BROADBAND STEERING COMMITTEE Appointed: Thomas M.Leahy, III Unexpired Term thru 01/30/2020 GREEN RIBBON COMMITTEE Reappointed: Jason Barney Claudia Cotton Jeanne Evans-Cox Roy Flanagan Karen Forget Laura Habr Albert Henley John Oliviere 1 Year Term 11/01/2019— 10/31/2020 HAMPTON ROADS ECONOMIC Appointed: DEVELOPMENT ALLIANCE Thomas M.Leahy, III No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/01/2019 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W �� B U E J R T I 0 B CDNOMO O L W O 0 C Y L NOUWS O T T HE E E S S EOOL T I R Y S SERNDN HAMPTON ROADS PLANNING DISTRICT Appointed: COMMISSION Thomas M.Leahy, III Unexpired Term thru 06/30/2021 HOUSING ADVISORY BOARD Appointed: Fay Silverman Teresa Stanley Jessica Guglielmo 4 Year Term 10/01/2019— 09/30/2023 HUMAN RIGHTS COMMISSION Appointed: Pearl Renwick Student 10/01/2019— 08/31/2021 OCEANA LAND USE CONFORMITY Appointed: COMMITTEE Thomas M.Leahy, III No Term SOCIAL SERVICES BOARD Appointed: Aileen Smith, Ex-Officio No Term SOUTHSIDE NETWORK AUTHORITY Appointed: Rosemary Wilson —Council Member 4 Year Term 11/15/2019— 11/14/2023 STORMWATER APPEALS BOARD Appointed: Toni Alger—City Staff Liaison VIRGINIA BEACH COMMUNITY Appointed: DEVELOPMENT CORPORATION Tim McCarthy Unexpired Term thru 12/31/2019 +4 Year Term 01/01/2020— 12/31/2023 N/O/ ADJOURNMENT 7:56 PM P OPEN DIALOGUE 6 Speakers 8:08 PM