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HomeMy WebLinkAbout12-07-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL Egc 4041A; y MAYOR ROBERT M. "BOBBY"DYER,At Large S G VICE MAYOR ROSEMARY WILSON,At Large p4 _'Y -.y .P MICHAEL F.BERL UCCHI,Rose Hall-District 3 s` li LINWOOD O.BRANCH,Lynnhaven-District 5 U / \: ,,j S BARBARA M.HENLEY,Princess Anne-District 7 N.D. "ROCKY"HOLCOMB,Kempsville-District 2 a'=• + LOUIS R.JONES,Bayside-District 4 ors = - s•` JOHND.MOSS,At Large ` °0. mik,04 AARONR.ROUSE,At Large GUYK.TOWER,Beach-District 6 SABRINA D.WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR December 7, 2021 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES VICE MAYOR ROSEMARY WILSON PRESIDING I. CITY MANAGER'S BRIEFINGS -City Council Chamber- 2:00 PM A. CENTERVILLE DISTRICT RECREATIONAL STUDY Michael Kirschman, Director—Parks and Recreation B. BONNEY ROAD DEVELOPMENT Taylor Adams, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS 2:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:45 PM A. CORRECTIVE ACTION PLAN FOR VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) B. TAXPAYER DIVIDEND BY REDUCING PERSONAL PROPERTY TAX BILL DUE NEXT JUNE IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. INVOCATION Chaplain Sanford(Sandy) Marks, CPA, CFLO Virginia Beach Police Department 2nd Precinct & ECCS Coordinator C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 16, 2021 2. SPECIAL SESSION November 23, 2021 G. PUBLIC COMMENT 1. 35th STREET PUBLIC PARKING PROPOSAL H. PUBLIC HEARING 1. PROPOSED PROPERTY TAX EXEMPTIONS a. The Cole Academy Preschool, Inc. b. Mutts with a Mission c. Shakyamuni Buddhist Meditation Monastery d. Hampton Roads VegFest e. New Light Community Outreach f. Wild Baby Raccoon Rescue g. Wave College Inc. t/a Wave Leadership College h. Your Wellness Inc. i. Discover Courage j. Junior Achievement of Greater Hampton Roads, Inc. I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND City Code Sections: a. 2-83 re City holidays b. 2-84, 2-85 re annual and personal leave and 2-101 re defming Full-Time Employee 2. Resolution to DESIGNATE Birdneck Road in memory of E. George Minns (Requested by Council Member Wooten) 3. Ordinance to AUTHORIZE the City to participate in a Firearm Buyback Program and DESTROY surrendered firearms (Requested by Council Members Branch and Jones) 4. Ordinances to AUTHORIZE temporary encroachments into a portion of City-owned: a. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain twelve(12) wood pile posts Deferred from November 9, 2021 (Request for Indefinite Deferral) b. Property known as 352 Tuna Lane and Sand Broad Inlet, and two (2) five-feet (5') drainage and utility easements adjacent to 2813 Wood Duck Drive re construct and maintain vinyl bulkhead, marginal wharf, kayak ramp,fixed dock, boat lift and drive-on floating dock 5. Ordinance to AUTHORIZE reduction in the purchase price and for credit to offset development costs for 11.7 acres of City property on Bonney Road to be purchased by Olympia Development Corporation 6. Ordinance to APPROPRIATE $678,000 to Virginia Beach Volunteer Rescue Squad, Inc. re two (2) interest-free loans to purchase three (3) replacement ambulances 7. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 from What Works Cities to FY 2021-22 Economic Development Operating Budget re Early Childhood Language Development Implementation Grant b. $53,080 from the Virginia Department of Social Services to FY 2021-22 Human Services Operating Budget re Adult Protective Services Program 8. Ordinance to TRANSFER $681,569 to Capital Project#100581 "Crime Prevention Through Environmental Design"re renovation of the Second Precinct Police Substation K. PLANNING 1. MURPHY'S OF VIRGINIA BEACH / STEPHEN YUEN YEE FAMILY, LLC for a Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6—BEACH (Deferred from October 19, 2021) RECOMMENDATION: APPROVAL 2. VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification of Proffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE (Deferred from November 9, 2021) RECOMMENDATION: APPROVAL 3. THE FRIENDS SCHOOL for a Modification of Conditions re reduce acreage and expansion of the existing administration building; the construction of an outdoor stage, classrooms and shaded art patio at 1537 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. 1537,LLC for a Modification of Conditions re reduce acreage for private school at 1537 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. HACKERS, LLC / POTTER PROPERTIES GROUP, LLC for a Conditional Change of Zoning from B-1 Neighborhood Business District to Conditional B-2 Community Business District re convert an existing vacant building into an eating and drinking establishment with virtual golf simulators at 1532 Laskin Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 6. JOSE M.RIVERA/K&P ENTERPRISES,LLC for a Conditional Use Permit re tattoo parlor at 549 Newtown Road, Suite 109 DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. WINNER'S PROPERTIES, LLC / THE RUNNYMEDE CORPORATION for a Conditional Use Permit re motor vehicle sales&service at 3736 Sentara Way DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 8. JAMES D. WHITE REVOCABLE LIVING TRUST for Conditional Use Permit re short term rental at 407 18t Street, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL ITEM TO BE DEFERRED AND READVERTISED 9. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION—DENIAL 10. NIMMO UNITED METHODIST CHURCH for a Certificate of Appropriateness re appeal of Historical Review Board Decision at 2040 Nimmo Church Lane DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: DENIAL APPLICANT REQUESTS WITHDRAWAL L. APPOINTMENTS 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION CMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CITIZENS OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius a,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e8234fbcbd583 8017b49296212add 162f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 7, 2021. I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:00 PM A. CENTERVILLE DISTRICT RECREATIONAL STUDY Michael Kirschman, Director—Parks and Recreation B. BONNEY ROAD DEVELOPMENT Taylor Adams, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS 2:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:45 PM A. CORRECTIVE ACTION PLAN FOR VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) B. TAXPAYER DIVIDEND BY REDUCING PERSONAL PROPERTY TAX BILL DUE NEXT JUNE IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - City Council Chamber - 4:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. INVOCATION Chaplain Sanford (Sandy) Marks, CPA, CFLO Virginia Beach Police Department 2nd Precinct & ECCS Coordinator C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 16, 2021 2. SPECIAL SESSION November 23, 2021 G. PUBLIC COMMENT 1. 35th STREET PUBLIC PARKING PROPOSAL 14-1, 11/1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Provide $7,000,000 of Existing Appropriations in Capital Project (#100059) "Resort Parking District" to the City of Virginia Beach Development Authority for Acquisition of a Structured Parking Facility at 35th Street MEETING DATE: December 14, 2021 ■ Background: Providing public parking at the Oceanfront has been a long-term goal of the City of Virginia Beach (the "City"). Currently, there are no publicly owned parking facilities north of 31 st Street. City Council established Capital Improvement Program (PG100059) Resort Parking District to provide funding for public parking opportunities at the Oceanfront. Suburban Capital, Inc. (the "Developer") or an affiliated entity is developing a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel") on the site of the former Belvedere Hotel. Parking for the Hotel will be at 205 35th Street in a new parking structure (the "Garage"). Representatives of the Developer approached City staff about expanding the Garage to provide public parking in addition to the spaces to be constructed for use by the Hotel. The Developer had planned to construct approximately 140 spaces to satisfy the needs of the Hotel but has agreed to expand the size of the Garage to a total of 354+/- spaces. This would provide 154 private spaces for the Hotel and 200 public parking spaces. To facilitate this transaction, City Council would transfer $7,000,000 of existing appropriations to the City of Virginia Beach Development Authority (the "Authority"). The Authority would then enter into an agreement with the Developer to acquire the 200 public parking spaces and for the operation of the Garage. ■ Considerations: This project would allow the City to provide additional public parking north of 31 st Street at the Oceanfront on a parcel that would otherwise provide only private parking for the Hotel. The total public investment would be $33,800 per space, with $23,900 per space attributable to the construction costs and $9,900 per space for land costs, for a total anticipated public investment of $6,760,000 (subject to adjustment should the final number of spaces vary from 200). Included in the cost per public space will be the construction of approximately 2,200 square feet of ground floor office space to be owned by the Authority and utilized for the City's Parking Operations Offices (the "Parking Office"). In addition to the Parking Office, the Developer will also construct approximately 4,600 square feet of first floor office or retail space to be retained by Developer(the "Developer Space"). Once constructed, the Garage would be a two-unit condominium with the 200 public parking spaces being one unit and the 154 spaces being the other. The Garage would be operated so that all spaces would be available for use by public and private patrons, with the access system ensuring that sufficient spaces are reserved for the Hotel at all times. The Parking Office and Developer Space will be two additional condominium units. • Public Information: This item will be advertised via the normal City Council agenda process, with an opportunity for public comment to be advertised for December 7, 2021. ■ Alternatives: Approve the Ordinance as presented, modify the terms as desired by City Council, or deny approval of the Ordinance. ■ Recommendation: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Economic Development lVA. City Manager: 1 ORDINANCE TO PROVIDE $7,000,000 OF EXISTING 2 APPROPRIATIONS IN CAPITAL PROJECT (#100059) 3 "RESORT PARKING DISTRICT" TO THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR 5 ACQUISITION OF A STRUCTURED PARKING FACILITY 6 AT 35TH STREET 7 8 WHEREAS, providing additional public parking to the Virginia Beach Oceanfront 9 has been a long-term priority of the City Council; 10 11 WHEREAS, towards that end, City Council established Capital Project #100059, 12 "Resort Parking District" (PG100059); 13 14 WHEREAS, Suburban Capital Inc. (the "Developer") or an affiliated entity is 15 developing a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel") on the site of the 16 former Belvedere Hotel; 17 18 WHEREAS, to satisfy the parking requirement for the Hotel, the Developer 19 intended to construct a parking facility (the "Garage") containing approximately one 20 hundred forty (140) private parking spaces on the existing surface parking lot at 205 35th 21 Street; 22 23 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 24 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 25 have engaged in negotiations with representatives of the Developer to expand the 26 Garage to include two hundred (200) public parking spaces; 27 28 WHEREAS, to fund the cost of the public portion of the Garage, City Council 29 proposes to authorize use of $7,000,000 from Capital Project #100059 "Resort Parking 30 District" by the Authority; 31 32 WHEREAS, the Authority would enter into an agreement with the Developer for 33 the acquisition of the 200 public parking spaces and the operation of the entire Garage; 34 35 WHEREAS, the Summary of Terms setting forth the conditions of the City's 36 transfer of funds to the Authority are set forth on Exhibit A, attached hereto and made a 37 part hereof; and 38 39 WHEREAS, City Council is of the opinion that additional public parking at the 40 oceanfront is in furtherance of the public interest. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. The City Council hereby authorizes the provision of $7,000,000 of existing 46 appropriations within Capital Project #100059 to the City of Virginia Beach Development 47 Authority for the purchase of 200 parking spaces in the proposed Garage. Should any 48 such amounts not be required for such Garage, the City Council directs the City of 49 Virginia Beach Development Authority to return such funds to the City for the purposes 50 of Capital Project #100059. 51 52 2. The City Council requests and recommends that the Authority adopt a 53 resolution consistent with this Ordinance accepting the $7,000,000 and entering into an 54 agreement with the Developer for the acquisition of the public parking spaces and 55 operation of the Garage as set forth on the Summary of Terms, attached hereto as 56 Exhibit A, and made a part hereof. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 59 of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney CA15425 vbgov.com\DFS 1\Applications\CityLawProd\cycom 32\W pdocs\D007\P027\00383656.doc R-1 November 30, 2021 EXHIBIT A SUMMARY OF TERMS (35th Street Parking Garage) 1. Scope of Proposed Project • Developer: Suburban Capital, Inc. (or an affiliated entity) • Public Entity: The City of Virginia Beach Development Authority("Authority") • Developer acquired property located at 205 35th Street in 2017 for$3,500,000. • Developer to construct a six-level, 354+/- space parking structure at 205 35th Street(block between Atlantic and Pacific Avenues) • Garage to support a new 140-room Hyatt Place at 3601 Atlantic Avenue • Garage to consist of 154 privately owned spaces for hotel guests and employees (140 spaces are required under OR zoning) and 200 publicly owned spaces • Garage to be a two-unit condominium with one unit(200 spaces) owned by Authority and the other(154 spaces) will be privately owned • Cross access easement to be established allowing open parking throughout the garage. • Two additional condominium units on the first floor with the Authority owning an approximately 2,200 sq. ft. unit to be conditioned and lit (the"Parking Office Unit") and the Developer retaining the other of approximately 4,600 sq. ft. to initially be a cold dark shell until a user is identified. 2. Developer Obligations • Developer would construct the entire project (hotel and garage) • Estimated private investment: $17,000,000 for hotel and $5,200,000 for garage 3. Authority Obligations • Pay actual costs up to $33,800 per parking space ($6,760,000 total if 200 spaces) o $23,900 per space for design and construction o $9,900 per space for share of land cost • Authority to make monthly payments of actual costs during development • Operate entire garage as part of parking system • The cost of the Parking Office Unit is included in the $33,800 per public space cost. 4. Garage Operations • Spaces would not delineate between private and public(open to all) • Technology used to insure adequate parking for the hotel's private use at all times • Operations and maintenance(0 & M) split proportionately based on ownership (56-43% +/-)plus a$75 per space annual contribution for capital maintenance and reserve. Private O&M costs capped at $108,000 • Garage managed to standard of other public Oceanfront garages and managed to budget based on above private cap ...- , � `a _3621 PACIFIC 3821 \\4 \ q 3812 Itt t '' 3818 . LOCATION MAP \ \ i, ;--- \\ \ \ \ \ _ t \' - 20f n 3O 3601ATLANTICAVE f Hither Ignite' \,\ � Fitness Park 2033�iTH ST �� \ \ 3600-100 j 3600-201 • \0 3603 36 51._-`� 4 1ST 1 '264- \\\\ - `.tpp SP ' = 3SOs-tiff \ _-- \ 0 !t -' ; 3501-605 1 1 _ _ ---� Location of nu \ -.'. \V Proposed ,eoi s, S00M�310 \ 1 Parking CAVE STE tm 3501 ATLANTIC AVE STE 604 S _ Structure - --1-_ l\ 300 36TH ST 3'S� Pre sbp to rian t - ��' 5 , - ��,r-�" Church C :r� 3500 j� _. _ `4 ' - j 1 3002 y - ' �— S - 3502 PACIFIC _AVE �,�'�� ,r1 ..""�'r, i 30335THSTSTEI02 - t to y 301402 { -'__-10.4 ^'4. ' -- y 3500 PACIFIC AVE36" --351"S Z 303-203 _r �i� �J !~cri ---___:..-_j-_i__,.....____,_____________-----" 3420404 li.,\.1 Mt 7,4 i Z 3401 ATLANTICAVE STE A _ _� 3420-103 51" '\ N W 34TH ST 3 ` 2 • 3401-A 42a1f� 7 H. PUBLIC HEARING 1. PROPOSED PROPERTY TAX EXEMPTIONS a. The Cole Academy Preschool, Inc. b. Mutts with a Mission c. Shakyamuni Buddhist Meditation Monastery d. Hampton Roads VegFest e. New Light Community Outreach f. Wild Baby Raccoon Rescue g. Wave College Inc. t/a Wave Leadership College h. Your Wellness Inc. i. Discover Courage j. Junior Achievement of Greater Hampton Roads, Inc. .WNu r � c 4't 1 NOTICE OF PUBLIC HEARING On Tuesday,December 7,2021 at 6:00 pm in City Council Chamber,which is 2401 Courthouse Drive,the City Council of the City of Virginia Beach will hold a public hearing on ordinances to exempt from local property taxes(all amounts rounded to the nearest dollar):The Cole Academy Preschool,Inc., which has a personal property assessment of $30,616 and personal property taxes assessed at$1,225;Mutts with a Mission,which has a real property assessment of$733,500 and real property taxes assessed at $5,042 and no current assessment for personal property;Shakyamuni Buddhist Meditation Monastery,which has a real property assessment of $158,700 and real property taxes assessed at$1,615 and no current assessment for personal property;Hampton Roads VegFest which has a personal property assessment of$1,644 and personal property taxes assessed at$66;New Light Community Outreach,which has a personal property assessment of$790 and personal property taxes assessed at $32; Wild Baby Raccoon Rescue, which has a personal property a«ament of$5,420 and personal property taxes assessed at$217; Wave College Inc.,which has a personal property assessment of$44,137 and personal property taxes assessed at$1,766;Your Wellness Inc.,which has a personal property assessment of$1,292 and personal property taxes assessed at$52;Discover Courage,which has a personal property assessment of$20,588 and personal property taxes assessed at$824; Junior Achievement of Greater Hampton Roads,Inc.,which has a personal property assessment of$3,313 and personal property taxes assessed at $133. Copies of a proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385- 4303. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303;hearing impaired,call Virginia Relay at 1-800-828-1120. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httus://vbgov.webex.com/vbgovionstage/e.oho?MTID=e8234fbcb d5838017b49296212add162f 2. Register with the City Clerk's Office by calling 757-385.4303 prior to 5:00 p.m.on December 7,2021. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-NOVEMBER 28,2021 tt 44 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate The Cole Academy Preschool, Inc., Mutts with a Mission, Shakyamuni Buddhist Meditation Monastery, Hampton Roads VegFest, New Light Community Outreach, Wild Baby Raccoon Rescue, Wave College, Inc. t/a Wave Leadership College, Your Wellness, Inc., Discover Courage, and Junior Achievement of Greater Hampton Roads, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING DATE: December 7, 2021 MEETING DATE: December 14, 2021 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). • Considerations: The Commissioner of the Revenue has received ten applications for tax exemption by designation, and nine are presented for the City Council's action. The one not presented (Junior Achievement of Greater Hampton Roads, Inc.) is being held back while a zoning issue is reviewed. The Commissioner has reviewed the nine applications presented for City Council action and finds each meets the City Council policy for Tax Exemption by Designation. However, two of the applications include real property, and the applicant seeks exemption of such property notwithstanding the fact that an operator of the nonprofit resides in the real property. These are forwarded for consideration because Virginia caselaw would allow exemption of the real property if the primary use of the property is subject to exemption and the operator residence supports that use. For the two applications in this package, the training of puppies may require nontraditional and overnight hours, and the conduct of mediation retreats includes nights and weekends. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items will be held on December 7, 2021, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (9); Commissioner of Revenue Summary of the Applications (10); Disclosure Forms (10); Council Policy Recommended Action: Approval of Ordinances Submitting Departm9ntIAgency: Commissioner of the Revenue City Manager��L �. 1 AN ORDINANCE TO DESIGNATE THE COLE ACADEMY, 2 INC. AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to The Cole Academy, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The Cole 13 Academy, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by The Cole Academy, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Cole Academy, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, The Cole Academy, Inc. shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, The Cole Academy, Inc. 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that The Cole Academy, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15638/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Cole Academy Preschool Inc. Website: www.thecoleacademy.school SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Cole Academy Preschool was founded in order to bring nature and wholesome early childhood experiences for children ages 3-7 years. They believe children should experience life in a playful and hands-on manner. The program forms partnerships with teacher training programs in both the public high schools and community colleges to provide a "best practices" environment for student teaching internships. Their goal is to not only educate the children but to also provide future teachers an opportunity for on- site training and experiences. The students.and teachers will spend a great part of their day playing in the outdoor classroom and nature play environment.Their commitment is to inspire pro-social friendships, strong interactive skills, and instill a sense of hope in the future for both the children and future teachers. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $30,616.09 Tax: $1,224.76 RELEVANT INFORMATION IRS Granted 501 (c)3 status—April 6, 2017 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Tieco4_&-- aclux„"ti SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: I PROVIDER(use additional sheets if YES NO SERVICE needed) Z 1---- Accounting and/or preparer of____, your tax return N IA- Financial Services (include 0 ® lending/banking institutions and current mortgage holders as N/A .Applicable) — -- — -- El Z Legal Services N/A" 0 I Broker/Contractor/Engineer/Other Service Providers N/A- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it chang s prior to the Council action upon this Application. Gk.) 00 T �S� APPU ANT'S SIGNATURE _ ( PRINT NAME DATE 1. 1 AN ORDINANCE TO DESIGNATE MUTTS WITH A 2 MISSION AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Mutts with a Mission; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mutts with 13 a Mission a charitable organization within the context of§6(a)(6)of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Mutts with a Mission located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Mutts with a Mission for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Mutts with a Mission shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Mutts with a Mission shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Mutts with a Mission cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1 , 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15639/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Mutts With A Mission Website: https://www.muttswithamission.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Mutts With A Mission trains and provides Service Dogs for United States Service Members who served active duty and have a service-connected disability as well as Law Enforcement Officers, First Responders, and Federal Agents with a line-of-duty connected disability. Each dog will be trained to complete work or tasks that aid with the handler's documented disability. Location of the non-profit is also the primary residence of the Executive Director and is currently pending approval from City Council for CUP. TAX IMPACT Real Property Parcel Assessment: $733,500.00 Tax: $5,042.08 Business Property Assessment: Tax: Personal Property Assessed Value: None Tax: None Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 9, 2009 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: LkkikAs tN ( U I i SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets If needed) lVElAccounting and/or preparer of your tax tax return DaV J a5 _ ❑ Financial Services (include 2/ lending/banking institutions and current mortgage holders as applicable) Legal Services b(k/Q` , J DkAks a-y1 Er Broker/Contractor/Engineer/Other v 16 Q,S,�n Service Providers SC04CAIN ��LL CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 741 i Y o O C/0 rS1) n-"[28`zr APPLICANTS SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE SHAKYAMUNI 2 BUDDHIST MEDITATION MONASTERY AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Shakyamuni Buddhist Meditation Monastery; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Shakyamuni Buddhist Meditation Monastery a charitable organization within the context of§ 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Shakyamuni Buddhist Meditation 17 Monastery located within the City of Virginia Beach that is used exclusively for charitable 18 purposes on a nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Shakyamuni Buddhist Meditation Monastery for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Shakyamuni Buddhist Meditation Monastery shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Shakyamuni Buddhist 31 Meditation Monastery shall file an exemption application with the Commissioner 32 of the Revenue as a requirement for retention of the exempt status of the 33 property; and 34 35 (d) that Shakyamuni Buddhist Meditation Monastery cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15640/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Shakyamuni Buddhist Meditation Monastery Website: https://vbmeditation.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY A religious organization providing various activities for people who like to cultivate good human qualities, learn Buddhism and practice meditation. The address of the non-profit is the home of Venerable Bandarawela Seelaviveka who is the President and Director. TAX IMPACT Real Property Parcel Assessment: 158,700.00 Tax: 1,614.78 Business Property Assessment: None Tax: Personal Property Assessed Value: None Tax: Vehicle: RELEVANT INFORMATION IRS Granted 501 (c)3 status—May 21,2020 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: .$hagwa n1_13 11�s±12eLALtatz0" MoillaSterr Inc SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of 9;(o►v)Iia PGvGYv► your tax return 51o1 cape, L,eu' Love— your bemrb► V fl 23452 Financial Services (include r 1 lending/banking institutions and Atlantic Uniov, ,;.v)k current mortgage holders as applicable) GIila-Tess , Flax , Lev;he, Rc ® Legal Services 533 , Newtc+4+„ Rom! Su�tc4o1 VirginiA k4 i+ , VA 23A62. Q Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Sa.�la-rac,��� �GsrJay:�,tCit.k _ 13 o Zoi, APPLICANT'S SI ATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE HAMPTON ROADS 2 VEGFEST AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Hampton Roads VegFest; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hampton 13 Roads VegFest a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Hampton Roads VegFest located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Hampton Roads VegFest for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Hampton Roads VegFest shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Hampton Roads VegFest 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Hampton Roads VegFest cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15641/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Hampton Roads VegFest Website: https://hamptonroadsveu fest.corn SUMMARY OF NONPROFIT BUSINESS ACTIVITY Hampton Roads VegFest is an organization whose goal is to educate the community on healthy eating and making healthier lifestyle choices. They hold festivals and community events that are plant-based and are certified green events, which means they take every measure to reduce the amount of trash at their events. There are speakers, food vendors, bands, an interactive kids' zone, exhibitors etc. They encourage their guests to bring their own reusable plates, cups, bowls, etc. The vendors use only recyclable or compostable materials. The events are free and open to the public. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,644.00 Tax: $65.76 Personal Property Assessed Value: None Tax: None Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status— December 12, 2017 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: rt vt �rX S Ve3F s-4- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER(use additional sheets If S needed) Accounting and/or preparer of your �riS W0 El Accounting return G Cci Financial Services(include ❑ Er- lending/banking institutions and QN C current mortgage holders as applicable) / ^ Legal Services kl` A ❑ L1 Broker/Contractor/Engineer/Other AVA ❑ Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. /4 4 r Oii2 APP CAI SIGNATU 1r PRINA I/L/1Z T 1 AN ORDINANCE TO DESIGNATE NEW LIGHT 2 COMMUNITY OUTREACH AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to New Light Community Outreach; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates New Light 13 Community Outreach a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by New Light Community Outreach located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by New Light Community Outreach for exclusively 23 charitable purposes; 24 25 (b) that each July 1, New Light Community Outreach shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, New Light Community 31 Outreach shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that New Light Community Outreach cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15642/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: New Light Community Outreach Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY The organization's mission is to positively impact and empower lives socially, economically, spiritually and through educational endeavors in partnership with the community. They provide peer tutoring, food to the needy, health checks and information to the Virginia Beach community at no cost. They also hold community picnics to provide bookbags for back to school. TAX IMPACT Real Property Parcel Assessment: N/A Tax: N/A Business Property Assessment: $790.00 Tax: $31.60 Personal Property Assessed Value: Tax: N/A Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status— February 25,2014 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: z_I Daufriy t7dyad) SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Ej 2( Accounting and/or preparer of TSera- IA - 1( �r�ir your tax return Financial Services (include M-1af e 1J111Ei r/. and current mortgage holders as 60-4(1/14 applicable) Legal Services El Lld Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. � �� evvr�. l� .�� 07 '� ;A ) PL CANT'S SIGNATURE PRINT NAME /P I DATE 1 AN ORDINANCE TO DESIGNATE WILD BABY RACCOON 2 RESCUE AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Wild Baby Raccoon Rescue; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Wild Baby 13 Raccoon Rescue a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Wild Baby Raccoon Rescue located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Wild Baby Raccoon Rescue for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Wild Baby Raccoon Rescue shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax-exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Wild Baby Raccoon 31 Rescue shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that Wild Baby Raccoon Rescue cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15643/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Wild Baby Raccoon Rescue Website: https://www.wildbabyraccoonrescue.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY We take in baby raccoons, possums, squirrels, and foxes. We also have an opossum, 2 raccoons, and a red fox that are non-releasable and are used for educational purposes. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $5,420.00 Tax: $216.80 Personal Property Assessed Value: None Tax: None Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 25, 2019 Taxpayer does not generate enough revenue for a filing requirement for federal 990N tax return. r„.fir.. ` t , r,,, � 7 t z r, d� i, .x-k - DISCLOSURE S "ATEMEN FORM ,, � ;� , n 04' . The completion and submission of this form is required for all appi`r #` wherein such applicant mayutilize certain service providers or financial ' --' ' institutions, and the City seeks to know of the existence of such ' relationships in advance of any vote upon such application. • SECTION 1 itAPPLICANT DISCLOSURE a organization name v,-, :-` _ �. r< SECTION 2. SERVICES DISCLOSURE ..�.; .,-- Are any of the following services being provided in connection with the applicant? If the 4- answer to any item is YES, please identify the firm or individual providing the sery ce R ) PROVIDER (use xddiaional%beets if Es ' . No SERVICE i 1 needed? 0 ' Accounting and/or preparer of 1 your tax return 4 1 , _ , Financial Services finduile i I y r, .+. �� -;� :_.._ Di . lending/banking institutions and `._ '_ % � current mortgage holders as i✓ -,,.. .J` , -', ,.i: . applicable} _ � �v 3 F Legal Services i , rA � I Broker/Contractor/Engineer/Otter Service Providers i I 1 I certify that all of the information contained in this Disclosure Statement Form is i complete, true, and accurate. I understand I am responsible for updating the information provided herein if it } changes prior to the Council action upon this Application. . z 7 - 1 - , 7 1 kirl I CA„.-"A -' SST i PRINT HAW *- - xT t 1 AN ORDINANCE TO DESIGNATE WAVE COLLEGE, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Wave College, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Wave 12 College, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Wave College, Inc. located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Wave College, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Wave College, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Wave College, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Wave College, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15644/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Wave College Inc.T/A Wave Leadership College Website: www/wavecollege.edu SUMMARY OF NONPROFIT BUSINESS ACTIVITY The mission of Wave Leadership College, as an experience-rich, academically-adept institution of Biblical higher education, is to equip Christian leaders to build the local church and transform their communities for the glory of God. TAX IMPACT Real Property Parcel Assessment: N/A Tax: Business Property Assessment: $44,137.40 Tax: $1,765.50 Personal Property Assessed Value: N/A Tax: Vehicle: RELEVANT INFORMATION IRS Granted 501 (c)3 status—November 22, 2010 • • `v .i. ,• j +•s • .let•`+ i,•:° J,!.il o t ••t,,C.fti „ +. •' .1.• "t1' •` '. '1 • �.�,,„�~ , t`s 's�'r,. �. , r.. `(t+, 'f•,�•' t: =...i t t P .'.' !r• w• •,°� , ;t.'.. z',1,•••.. • �t:t •J• i'•' • ^}fat. • ,',:" •. •rj• • a• ,. .� F` : ': • • f 1.; •' N.. , •t t�• .i i �!i- .++;. .Y. y •��:t, • •• • '>t:4•• ,t .a�, '�'s • ..:ill ...di": •.�. .t`fs ri. •r .} •, ''�=-.ij�'' t • • .,i •• t , " :�. .S' ` :� :''+' •••� .ils fft; its 1 •r . ••l .� : a _ ,a' 1.i } �.•• piS•CL RE ST`• ,•TEMENT FORM -; ,,`., ,.,.„. •.•1 f'.,• .1 s••J�+.;,• `'.'.:, -,. �, •,",`; r.r ,lf. .•fit.. ,i. :1:. • •.,,Z ••t• Y'..f .•i.•!: s:�r. •i...,�•i ��rl2„r2 * �L.y,r�. ,, ,: au:ll 'N•• railow-tat the • r+t#�tonshijs a i f•, .f sxlgac*-' 'Oda such- cnolli 1 ' • RE .. Or iiiniz doe:name Wave' ltlershlp College- ' , Mn} Of tii i ng tServiees . •faillt Prow iri;�onriettlori,wYtli the applicant? if • ,n, " `• :i . n r to•'ny� Item r• please*I t ,the Finn o 1a dual.:providing the t • S ' -` '+ '�,'' 'C • P.O.• • 03i1 •,. •! • .N s a� ••` ..- ••, •(, -r• :4.,1.' t� f •s.':,1. T, t-a:t•.• unanoiol Services(indnir";',! : : 1, eding/baakin9 ' Depafpnent;:of Education=G5 • '• ' and cncrent a IW. .. ... +4� . - .:,'': '• -applicabi ' • accounts • . Derek"HoTser, Esq• Dillon Lave t., ..Q; hold Services Groups' ... ,': ; rt ': • • •. • EDM SOlutions;'IT / arulrce�r�%to�ntriictor EngV/i>t b t;. her Providers .t .t :�.• therSer t 1 AN ORDINANCE TO DESIGNATE YOUR WELLNESS, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Your Wellness, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Your 12 Wellness, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Your Wellness, Inc. located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Your Wellness, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Your Wellness, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Your Wellness, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Your Wellness, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15645/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Your Wellness Inc. Website: https://www.yourwellnessinc.net SUMMARY OF NONPROFIT BUSINESS ACTIVITY TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,291.60 Tax: $51.66 Personal Property Assessed Value: None Tax: None Vehicle: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—April 10,2020 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 4t 'C ti2tAt�v <4e SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) El E Accounting and/or preparer of your tax return Financial Services (include a lending/banking institutions and current mortgage holders as applicable) a d Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ik A PUCANT'S 5 GNATU PR NT NAME D pE 1 AN ORDINANCE TO DESIGNATE DISCOVER COURAGE 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Discover Courage; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Discover 12 Courage a charitable organization within the context of§6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Discover Courage located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Discover Courage for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Discover Courage shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Discover Courage shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Discover Courage cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15646/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Discover Courage Website: https:teamdiscovercourage.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Discover Courage's mission is to foster leadership development and personal growth for Interagency and National Missions Force Members, past and present through exclusive programs respectful of the specific needs of the community and its members. Discover Courage's foundational program is a guided outdoor activity, such as fly-fishing that is held at various locations. Discover Courage is currently in the state of WA and will be moving to Virginia Beach. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $20,588.00 Tax: $823.52 Personal Property Assessed Value: None Tax: None Vehicle: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January 11,2013 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Discover Coura&e dba Team Discover Courage SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please Identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use addhionai sheets if needed) ri Accounting and/or preparer of Financial Technologies& your tax return Management-Indianapolis,IN Financial Services(include Q Li lending/banking institutions and TowneBank,Norfolk,VA current mortgage holders as applicable) [] Q Legal Services -Xu- Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand i am responsible for updating the information provided herein if it ti changes prior to the Council action upon this Application. -- _ _^ Tay Manty 10/28/2021 AP15.4tANT'S SIGNATURE PRINT NAME DATE l ; OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Junior Achievement of Greater Hampton Roads Inc. Website: hamptonroads.ja.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Junior Achievement is an organization dedicated to educating students K-12 about workforce readiness, entrepreneurship, and financial literacy through hands on programs. Volunteers serve as role models helping to positively impact young people's perceptions about the importance of education, as well as critical life skills.Junior Achievement's mission is to inspire and prepare young people to succeed. Location address for the non-profit is in the Accident Potential Zone 1 and has currently been rejected by zoning pending APZ1 application for approval. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $ 3,313.20 Tax: $132.53 Personal Property Assessed Value: None Tax: None Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status —January 1994 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Junior Achievement of Greater Hampton Roads, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any Item is YES, please identify the firm or individual providing the service: rPR0Vb0ER (u5eadd1t11 shets if! _N � � SERVICE � I Accounting and/or preparer of Hobson Business Solutions 1 your tax return Barnes, Brock, Cornwell, and Painter, PLC 1Fi na_ncial Services (include Bank of America D lending/banking institutions and TowneBank 1 current mortgage holders as Atlantic Union Bank { applicably -- -� - ,---— I Williams Mullen Legal Services Payday Payroll - ADP jg Broker/Contractor/Engineer/Other Cox Communications Service Providers USBank Equipment Finance Pitney Bowes ESI --- USI --- - - CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Jamie Henry 10/25/21 A CANT'S SIGMA RE PRINT NAME DATE �%N,,,.D Original Proposal 4"*".\ p4 ,� CityCouncil Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoptiorr February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to CounciI's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the ProPertY. . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 • 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 50I(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§ 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 1 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND City Code Sections: a. 2-83 re City holidays b. 2-84, 2-85 re annual and personal leave and 2-101 re defining Full-Time Employee 2. Resolution to DESIGNATE Birdneck Road in memory of E. George Minns (Requested by Council Member Wooten) 3. Ordinance to AUTHORIZE the City to participate in a Firearm Buyback Program and DESTROY surrendered firearms (Requested by Council Members Branch and Jones) 4. Ordinances to AUTHORIZE temporary encroachments into a portion of City-owned: a. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain twelve (12) wood pile posts Deferred from November 9, 2021 (Request for Indefinite Deferral) b. Property known as 352 Tuna Lane and Sand Broad Inlet, and two (2) five-feet (5') drainage and utility easements adjacent to 2813 Wood Duck Drive re construct and maintain vinyl bulkhead, marginal wharf, kayak ramp,fixed dock, boat lift and drive-on floating dock 5. Ordinance to AUTHORIZE reduction in the purchase price and for credit to offset development costs for 11.7 acres of City property on Bonney Road to be purchased by Olympia Development Corporation 6. Ordinance to APPROPRIATE $678,000 to Virginia Beach Volunteer Rescue Squad, Inc. re two (2) interest-free loans to purchase three (3) replacement ambulances 7. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 from What Works Cities to FY 2021-22 Economic Development Operating Budget re Early Childhood Language Development Implementation Grant b. $53,080 from the Virginia Department of Social Services to FY 2021-22 Human Services Operating Budget re Adult Protective Services Program 8. Ordinance to TRANSFER$681,569 to Capital Project#100581 "Crime Prevention Through Environmental Design" re renovation of the Second Precinct Police Substation , -0 114, y�i. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend § 2-83 of the City Code Pertaining to City Holidays MEETING DATE: December 7, 2021 • Background: The current City Code sets forth the list of City holidays but does not take into account what days are observed as holidays when Christmas Eve falls on a Friday and Christmas is on Saturday, nor does it address circumstances where Christmas Eve falls on a Sunday and Christmas is on Monday. • Considerations: The attached ordinance adds a reference to City Policy to determine which days in both of these situations employees will receive paid holidays. The revised City Policy is attached and indicates that in these situations employees will receive paid holidays on Friday and Monday. Also, earlier this year, the City Council approved an amendment to this Code section to add Juneteenth as a City holiday. This ordinance includes a housekeeping edit that revises a reference to the number of City holidays given that addition. • Public Information: Advertisement will be as part of the City Council agenda. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Human Resources Holiday Policy Recommended Action: Approval Submitting Department/Agency: Human Resource City Manager: raL 1 AN ORDINANCE TO AMEND § 2-83 OF THE CITY CODE 2 PERTAINING TO HOLIDAYS 3 4 Section Amended: § 2-83 5 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 8 OF VIRGINIA BEACH, VIRGINIA: 9 10 1 . The City Code of the City of Virginia Beach is hereby amended and reordained 11 to amend § 2-83 to read as follows: 12 13 Sec. 2-83. — Holidays. 14 15 (a) The following days are designated as full-paid "holidays" and shall be so 16 observed by the city. All permanent and probational merit employees shall be 17 covered by the provisions of this section. 18 19 (1) The first day of January (New Year's Day). 20 (2) The third Monday in January (Martin Luther King Day). 21 (3) The last Monday of May (Memorial Day). 22 (4) The nineteenth day of June (Juneteenth). 23 (5) The fourth day of July (Independence Day). 24 (6) The first Monday of September (Labor Day). 25 (7) The eleventh day of November (Veterans Day). 26 (8) The fourth Thursday of November (Thanksgiving Day). 27 (9) The day after the fourth Thursday of November (the day after 28 Thanksgiving Day). 29 (10) The twenty-fourth day of December (Christmas Eve). 30 (11) The twenty-fifth day of December (Christmas Day). 31 (12) Three (3) flexible personal holidays (to be taken as a personal, 32 national, religious or other holiday the city does not observe). Part-time 33 employees shall not be eligible for these holidays. 34 35 If any holiday enumerated in subsections (1) through (11-149) above falls on 36 a Saturday or Sunday, the city manager shall determine when the holiday 37 will be observed in accordance with City policy. 38 39 such notice is provided by the city manager, then when 40 41 42 enumerated inr 43 44 45 (b) In addition to the holidays prescribed in subsection (a) above, any other 46 day so declared by the mayor shall be a holiday. 47 48 (c) Part-time employees shall receive time off with pay for the proportionate 49 part of the day which would have normally been worked. 50 51 (d) Employees who have been in a nonpay status for more than fourteen 52 (14) days prior to any holiday shall not be eligible for compensation for 53 holidays subsections (1) through (11) listed in paragraph (a) above. 54 55 2. The City Manager is hereby authorized to make such transfers of existing 56 appropriations to offset any increased costs (such as overtime) related to the 57 City holiday authorized herein. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City Attorney's Office CA15562 R-1 October 13, 2021 Policy Number: 3.05 City of Virginia Beach Date of Adoption: December 2, 1985 Date of Prior Revision: March 13, 2019 HOLIDAY POLICY Date of Current Revision: Upon Approval Page 1 of 4 1.0 PURPOSE: To provide a comprehensive list of City observed holidays and to establish guidelines for the observance of these holidays. 2.0 DEFINITIONS: 2.1 CITY HOLIDAY: A paid workday off in observance of the holidays recognized in the Code of the City of Virginia Beach (City Code), Section 2- 83. 2.2 WORKDAY: For the purposes of this policy, a workday is equivalent to the hours an employee would be regularly scheduled to work on a day observed as a City holiday. 3.0 APPLICABILITY: All City employees and City Council appointees, as defined by the City Code. Refer to Section 4.3 regarding how this policy applies to part-time employees. 4.0 POLICY STATEMENT: 4.1 The following days are hereby designated as paid City holidays and shall be so observed. A. The first day of January (New Year's Day); B. The third Monday in January (Martin Luther King Day); C. The last Monday of May (Memorial Day); D. The nineteenth day of June (Juneteenth) E. The fourth day of July (Independence Day); Policy Number: 3.05 Date of Adoption: December 2, 1985 Date of Previous Revision: March 13, 2019 Date of Current Revision: Upon Approval Page 2 of 4 F. The first Monday of September (Labor Day); G. The eleventh day of November (Veterans Day); H. The fourth Thursday of November (Thanksgiving Day); The fourth Friday of November (day after Thanksgiving Day); J. The twenty-fourth day of December (Christmas Eve); AND K. The twenty-fifth day of December (Christmas Day). 4.2 Other Permissible Holidays A. Flexible Personal Holidays (1) Full-time employees shall receive three (3) flexible personal holidays per calendar year to be taken as a personal, national, religious or other holiday the City does not observe. (2) Flexible personal holidays must be taken in full day increments. (3) Flexible personal holidays shall be used in the calendar year earned and if not used shall not roll over to following calendar years. (4) Employees shall obtain approval from their supervisor before using a flexible personal holiday. (5) Employees who separate from employment with the City shall not receive payment for unused flexible personal holidays. B. In addition to the holidays prescribed above, any other day so declared by the Mayor. Policy Number: 3.05 Date of Adoption: December 2, 1985 Date of Previous Revision: March 13, 2019 Date of Current Revision: Upon Approval Page 3 of 4 4.3 The following provisions apply to part-time employees, as defined by City Code, Section 2-101: A. Part-time employees shall receive time off with pay for the portion of the City observed holiday which would have normally been worked. B. Part-time employees shall not be eligible for personal/flexible holidays. 5.0 PROCEDURES: 5.1 When any of the holidays enumerated in Section 4.1 falls on a Saturday, the City shall observe the holiday on the Friday immediately preceding such day with the exception of Christmas Eve and Christmas Day which are specifically addressed in Section 5.3. 5.2 When any of the holidays enumerated in Section 4.1 falls on a Sunday, the City shall observe the holiday on the Monday immediately following such day with the exception of Christmas Eve and Christmas Day which are addressed in Section 5.3. 5.3 Christmas Eve and Christmas Day will be observed as outlined below: A. When Christmas Eve falls on a Friday and Christmas Day falls on a Saturday, the observed holidays will be Friday and the following Monday. B. When Christmas Eve falls on a Saturday and Christmas Day falls on a Sunday, the observed holidays will be the preceding Friday and the following Monday. C. When Christmas Eve falls on a Sunday and Christmas Day falls on a Monday, the observed holidays will be the preceding Friday and following Monday. 5.4 Employees who have been in a non-pay status for more than fourteen (14) consecutive calendar days immediately preceding any City observed holiday shall not be eligible for compensation for that City observed holiday. Policy Number: 3.05 Date of Adoption: December 2, 1985 Date of Previous Revision: March 13, 2019 Date of Current Revision: Upon Approval Page 4 of 4 5.5 All time off for City observed holidays shall be compensated with pay at the employee's regular rate of pay. 5.6 Forty (40) hour employees who work five (5) eight-hour days shall receive eight (8) hours off on any regularly scheduled workday observed as a City holiday. 5.7 Forty (40) hour employees who work four (4) ten-hour days shall receive ten (10) hours off on any regularly scheduled workday observed as a City holiday. 5.8 Employees who work a fifty-six (56) hour workweek shall receive 11.2 hours of pay on a regularly scheduled workday observed as a City holiday. 6.0 REVISIONS: The City Manager, or designee, may revise this policy, or any portion thereof, at any time. Revision History Version Revision Date Description of Revision 1 July 1, 2021 Revision History tracking started this date. 2 Upon Approval Added Juneteenth to Sec. 4.1 (D) as an observed holiday and added verbiage regarding the observation of Christmas Eve and Christmas Day to Sec. 5.0. Policy Title:Holidays Policy,3.05 Date of Adoption:December 2, 1985 Date of Prior Revision:March 13, 2019 Date of Revision: Upon Approval Approved as to form and content: J October 11,2021 Regina S. Hilliard,Director of Human Resources Date Approved as to legal sufficiency: Marjorie A. Smith, Senior City Attorney Date Approved: Patrick A Duhaney, City Manager Date v Nu a� ffit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 2-84, 2-85 and 2-101 of the City Code Pertaining to Annual and Personal Leave and Defining "Full-Time Employee" MEETING DATE: December 7, 2021 • Background: The City desires to support more flexibility in work hours for exempt employees. This amendment would remove the requirement that exempt full time employees have to work forty (40) hours a week, and instead will permit them to work eighty (80) hours in a two-week period in order to be considered full time. In addition, the amendment specifically includes sworn law enforcement officers and firefighters who work different work periods in the definition of full-time employees. Furthermore, the City desires to increase the maximum amount of personal leave a part- time employee can carry over to one hundred twelve (112) hours. This change will not result in additional financial liability for the City, as the portion of the Code that prohibits part-time employees from receiving monetary payout upon termination of employment for their accumulated personal leave remains unchanged. • Considerations: The attached ordinance updates all relevant code sections to allow exempt full-time employees to work eighty (80) hours in a two-week period; to add language regarding sworn law enforcement officers and firefighters; and to increase the personal leave maximum carry over for part-time employees. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve. • Attachments: Ordinance Recommended Action: Approval Submitting Departmeyt/Agency: Human Resources City Manager;_42 . 1 AN ORDINANCE TO AMEND SECTIONS 2-84, 2 2-85 AND 2-101 OF THE CITY CODE 3 PERTAINING TO ANNUAL AND PERSONAL 4 LEAVE AND DEFINING "FULL-TIME 5 EMPLOYEE" 6 7 SECTIONS AMENDED: §§ 2-84, 2-85 AND 2- 8 101 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Sections 2-84, 2-85 and 2-101 of the Code of the City of Virginia Beach, 14 Virginia, are hereby amended and reordained to read as follows: 15 16 Sec. 2-84. Annual and personal leave—Schedule of earning. 17 All full-time City of Virginia Beach employees hired before January 1, 2014 who have 18 not opted to participate in the hybrid retirement plan, all employees eligible to receive 19 enhanced retirement benefits in hazardous duty positions all employees hired on or after 20 January 1 , 2014 with Virginia Retirement System creditable service, and all part-time 21 employees hired prior to July 1, 1996, shall earn annual leave and, with supervisory 22 approval, may utilize annual leave upon accrual as follows: 23 (1) All full-time employees or appointees who are scheduled to work forty (40) hours 24 or more hours per consecutive workweek or eighty (80) hours or more per 25 consecutive pay period if exempt under or excluded from the Fair Labor 26 Standards Act of 1938, or are sworn law enforcement officers assigned to a 27 fourteen day work period, excluding firefighters assigned to fifty six (56) hours 28 a twenty-one day work period, shall be credited with: 29 (a) Eight (8) hours per month for each month of employment for employees 30 having accrued the equivalent of less than five (5) years of full-time 31 employment. 32 (b) Ten (10) hours per month for each month of employment for employees 33 having accrued the equivalent of five (5) or more years, but less than ten 34 (10) years, of full-time employment. 35 (c) Twelve (12) hours per month for each month of employment for employees 36 having accrued the equivalent of ten (10) or more years, but less than fifteen 37 (15) years, of full-time employment. 38 (d) Fourteen (14) hours per month for each month of employment for 39 employees having accrued the equivalent of fifteen (15) or more years, but 40 less than twenty (20) years, of full-time employment. 41 (e) Sixteen (16) hours per month for each month of employment for employees 42 having accrued the equivalent of twenty (20) or more years of full-time 43 employment. 44 (2) All firefighters assigned to 56 hour per workweek positions a twenty-one day 45 work period shall be credited with: 46 (a) Eleven and two-tenths (11.2) hours per month for each month of 47 employment for employees having accrued the equivalent of less than five 48 (5) years of full-time employment. 49 (b) Fourteen (14) hours per month for each month of employment for 50 employees having accrued the equivalent of five (5) or more years, but less 51 than ten (10) years, of full-time employment. 52 (c) Sixteen and eight-tenths (16.8) hours per month for each month of 53 employment for employees having accrued the equivalent of ten (10) or 54 more years, but less than fifteen (15) years, of full-time employment. 55 (d) Nineteen and six-tenths (19.6) hours per month for each month of 56 employment for employees having accrued the equivalent of fifteen (15) or 57 more years, but less than twenty (20) years, of full-time employment. 58 (e) Twenty-two and four-tenths (22.4) hours per month for each month of 59 employment for employees having accrued the equivalent of twenty (20) 60 years or more of full-time employment. 61 (3) Part-time employees employed prior to July 1, 1996, shall continue to be credited 62 with annual leave on a basis proportionate to that awarded full-time employees 63 as set forth in subsection (1) above. Part-time employees employed on or after 64 July 1, 1996, will accrue a maximum of eight (8) hours of personal leave per 65 month prorated based on the number of hours worked; provided, however, that 66 the provisions of subsection (1) above shall not be applicable to part-time 67 employees. Part-time employees who have worked the equivalent of six (6) 68 calendar months may utilize accrued personal leave, with supervisory approval. 69 (4) Records shall be kept within each department of the annual leave accumulated 70 and taken by each employee within such department; and at the end of each 71 calendar month, a leave report shall be submitted to the department of human 72 resources. 73 (5) Under no circumstances shall annual leave be granted in advance of its accrual 74 or paid in lump sum except upon termination of employment. 75 (6) When an employee is in a nonpay status for portions of a calendar month, then 76 annual leave accrual for such month shall be reduced accordingly by the director 77 of human resources to reflect the employee's nonpay status. 78 (7) All full-time City of Virginia Beach employees hired on or after January 1 , 2014, 79 with the exception of employees eligible for enhanced retirement benefits in 80 hazardous duty positions and employees hired with Virginia Retirement Service 81 creditable service, and employees hired before January 1 , 2014 who have opted 82 to participate in the hybrid retirement plan, shall receive paid time off in lieu of 83 annual leave as set forth in the applicable City of Virginia Beach Human 84 Resources policy. Any and all future changes to paid time off shall be subject to 85 City Council approval. 86 87 Sec. 2-85. Same—Taking not required; limitations on accumulation. 88 (a) No employee shall be required to take annual leave. No employee shall be paid for 89 unused annual leave except upon termination of employment. Upon termination, 90 employees shall be paid straight time for accrued annual leave, and payment shall 91 be processed as expeditiously as possible. No employee shall be allowed to carry 92 more than four hundred (400) hours of accumulated annual leave from one calendar 93 year to the next if the employee is scheduled to works-a forty-hours or more per 94 consecutive workweek, or eighty (80) hours or more per consecutive pay period if 95 exempt under or excluded from the Fair Labor Standards Act of 1938, or is a sworn 96 law enforcement officer assigned to a fourteen day work period, excluding firefighters 97 assigned to a twenty one day work period. No firefighter assigned to a twenty-one 98 day work period shall be allowed to carry more than five hundred sixty (560) hours of 99 accumulated annual leave from one calendar year to the next if the employee works 100 a fifty six hour workweek, RNor shall any employee who terminates employment with 101 the city receive pay for more than four hundred (400) hours of accumulated annual 102 leave if the employee is scheduled to works-a forty-hours or more per consecutive 103 workweek, or eighty (80) hours or more per consecutive pay period if exempt under 104 or excluded from the Fair Labor Standards Act of 1938, or is a sworn law enforcement 105 officer assigned to a fourteen day work period; or five hundred sixty (560) hours of 106 accumulated annual leave if the employee is a firefighter assigned to a twenty-one 107 day work period. works a fifty six hour workweek. 108 (b) Part-time employees hired on or after July 1, 1996, shall not be allowed to carry more 109 than fifty four (51) one hundred twelve (112) hours of accumulated personal leave 110 from one calendar year to the next, nor shall part-time employees receive any 111 monetary payout upon termination of employment for their accumulated personal 112 leave. 113 . . . . 114 115 Sec. 2-101. Definitions. 116 For the purposes of this division, unless otherwise indicated, the following terms shall 117 have the meanings respectively ascribed to them in this section: 118 Class: A grouping of jobs having similar duties and responsibilities, requiring similar 119 knowledge, skills and abilities, and demanding similar qualifications so that the jobs may 120 be appropriately titled and described, and the employees performing such jobs may be 121 equally compensated. 122 Full-time employee: A city employee who is scheduled to actually work forty (40) 123 hours or more per consecutive workweek or eighty (80) hours or more per consecutive 124 pay period if exempt under or excluded from the Fair Labor Standards Act of 1938; a 125 sworn law enforcement officer assigned to a fourteen day work period; and a firefighter 126 assigned to a twenty-one day work period. 127 Part-time employee: A city employee who is scheduled to actually work less than 128 forty (40) hours per consecutive work week, or a city employee who is scheduled to 129 actually work forty (40) hours per consecutive work week for less than fifty-two (52) 130 consecutive weeks. 131 Permanent employee: A full-time city employee who has completed the required 132 probation period as provided in section 2-108. 133 Probation employee:A full-time city employee who is has not completed the required 134 probation period as provided in section 2-108. 135 Range: The minimum through maximum salary levels assigned to a class. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City orney's Office CA 15544 R-5 December 1, 2021 Cvy�Hu"e,�1 f. SZ l' CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Designating Birdneck Road in Memory of E. George Minns MEETING DATE: December 7, 2021 • Background: E. George Minns was a passionate and zealous advocate for his beloved Seatack Community. He served as the President of the Seatack Civic League from 2010 to 2018. He advocated on behalf of the Seatack Community for a recreation center and better municipal services. He was instrumental in the inclusion of Seatack in the Congressional Record in 2013. He also served as a civil rights leader including a tenure as President of the NAACP Virginia Beach branch from 1987 to 1997. He advocated for the establishment of the City's Human Rights Commission and the Minority Business Council. E. George Minns passed away in June 2019. • Considerations: The Seatack Community, located west of the City's Resort Area, is thought to be the oldest African-American settlement in Virginia and possibly the United States. Birdneck Road is the western boundary in the southern portion of Seatack, bisects the middle and upper-middle portion of Seatack, and is the eastern boundary in the northern portion of Seatack. In honor of his long service to the Seatack Community, the attached resolution designates Birdneck Road in memory of E. George Minns and directs the City Manager to place signs in honor of E. George Minns above signal arms upon no less than three prominent Birdneck Road intersections. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION DESIGNATING BIRDNECK ROAD IN 2 MEMORY OF E. GEORGE MINNS 3 4 WHEREAS, E. George Minns was a passionate and zealous advocate for his 5 beloved Seatack Community; 6 7 WHEREAS, in support of Seatack, he: 8 • Served as President of the Seatack Civic League from 2010 to 2018; 9 • Successfully advocated for a new Seatack Community Recreation Center 10 in 1997 and for the renaming of the center in memory of Joseph V. 11 Grimstead, Sr. in 2011; 12 • Fought to bring municipal sewage treatment to Mt. Zion A.M.E. Church 13 and his community in the 1990s; 14 • Established the Seatack College Scholarship Program in 2011 with the 15 assistance of Bishop Barnett Karl Thoroughgood of New Jerusalem 16 Church; 17 • Established the Annual Seatack Image Award and College Scholarship 18 Gala; 19 • Established the Mr. and Mrs. Seatack Program in 2013; 20 • Successfully advocated in 2013 for Seatack's inclusion in the 21 Congressional Record; and 22 • Established the Seatack Living Black History Maker Gala in 2018; and 23 WHEREAS, his many activities as a civil rights leader include: 24 • Serving as President of the NAACP Virginia Beach branch from 1987 to 25 1997; 26 • Successfully advocating for the establishment of the City's Human Rights 27 Commission and its Minority Business Council; 28 • Establishing the first candidate forum held by the African American 29 community in Virginia Beach; 30 • Defending college students following Greekfest 1989; and 31 • Helping to establish the Black Law Students Association at Regent 32 University; and 33 WHEREAS, E. George Minns touched the lives of countless members of his 34 community who will forever cherish his memory; and 35 36 WHEREAS, Birdneck Road is a prominent roadway in the Seatack Community 37 and would be a appropriate place for the City Council to honor the memory of E. George 38 Minns; 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH: 42 43 That the City Council hereby designates Birdneck Road in memory of E. George 44 Minns and his many accomplishments in support of the Seatack Community and hereby 45 directs the City Manager to cause signs in honor of E. George Minns to be erected 46 above signal arms upon no less than three prominent Birdneck Road intersections. 47 48 Adopted by the City Council of the City of Virginia Beach, Virginia, this 49 day of , 2021. APPROVED AS TO LEGAL S ENCY: y A rney's ffice CA15570 R-1 November 2, 2021 �\ ,��1 BE9�„.44k l f"- lV:.•.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City to Participate in a Firearm Buyback Program and to Destroy Surrendered Firearms MEETING DATE: December 7, 2021 • Background: Virginia Code Section 15.2-915.5 authorizes localities to participate in firearm buyback programs in which individuals may be given a thing of value by the locality or a private entity in exchange for surrendering a firearm to the locality. The Hampton Roads Black Caucus has offered to host a gun buyback event on December 18, 2021, if this ordinance is approved by the City Council, and distribute gift cards that they will obtain from donors for the individuals who surrender firearms. The event aims to remove firearms from our community, helping to reduce gun violence and ensuring a safer community. This ordinance also authorizes the Police Department to facilitate the proper and safe destruction of the firearms collected at this and other buyback events. • Considerations: The Police Department supports this program and will receive and destroy the surrendered firearms in accordance with Virginia law. • Public Information: This item will be advertised in the same manner as other items on Council's agenda. • Attachments: Ordinance Requested by Councilmembers Branch and Jones REQUESTED BY COUNCILMEMBERS BRANCH AND JONES 1 AN ORDINANCE AUTHORIZING THE CITY TO 2 PARTICIPATE IN A FIREARM BUYBACK 3 PROGRAM AND DESTROY SURRENDERED 4 FIREARMS 5 6 WHEREAS, Virginia law authorizes localities to participate in firearm buyback 7 programs where individuals may be given a thing of value in exchange for surrendering 8 a firearm to the locality; and 9 10 WHEREAS, such surrendered firearms shall be received and destroyed by the 11 Police Department consistent with Virginia law, removing unwanted guns off our streets 12 and ensuring a safer community; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. The City is hereby authorized to participate in a firearm buyback program, 18 consistent with Section 15.2-915.5 of the Code of Virginia as amended; and 19 2. The Police Department is authorized to receive and destroy such firearms 20 in accordance with Section 15.2-915.5 of the Code of Virginia as amended; 21 and 22 3. The City Manager is authorized to enter into memoranda of understanding 23 with private entities that may organize and partner with the City on such 24 buyback programs, if necessary or prudent, in a form approved by the City 25 Attorney. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROV- 5 AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )0 • 0.._ > Police Department City Attorney's Office CA15568 R-2 November 24, 2021 I4 S CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City right- of-way known as Sandfiddler Road, adjacent to 2445 Sandfiddler Road MEETING DATE: December 7, 2021 (DEFERRED FROM NOVEMBER 9, 2021) s Background: Robert A. Finley and Graciela I. Finley (the "Applicants") have requested permission to retain 12 wood pile posts (the "Encroachments"), located on a portion of the City's right-of-way known as Sandfiddler Road and adjacent to the Applicants' property at 2445 Sandfiddler Road (GPIN: 2434-12-0590). The Encroachments are adjacent to the edge of the pavement, which interferes with the required safety buffer/roadway clear zone, measured 8' from the edge of pavement. Parking is not permitted on Sandfiddler Road within the area the Encroachments are located. The Applicants have reviewed the attached Agreement, understand its terms and conditions, and have refused to sign the Agreement until such time as it is approved by Council. After a meeting with City staff to discuss this matter, the Applicants will resubmit with a revised request. Accordingly, this is requested to be deferred indefinitely. s Considerations: City staff supports the request to defer indefinitely to allow the Applicants to resubmit. s Public Information: Public notice will be provided via the normal City Council agenda process. c Alternatives: Approve the Encroachments or add conditions as desired by Council. Recommendations: Defer Indefinitely it Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure Statement Form Recommended Action: Indefinite Deferral Submitting Depart ent/Agency: Public Works/Real Estate City Manager: <-3— 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS SANDFIDDLER ROAD, 7 ADJACENT TO 2445 SANDFIDDLER 8 ROAD 9 10 WHEREAS, Robert A. Finley and Graciela I. Finley (the "Finleys") have 11 requested permission to retain 12 wood pile posts (the "Encroachments") into a portion 12 of the City's right-of-way known as Sandfiddler Road, adjacent to their property at 2445 13 Sandfiddler Road (GPIN: 2434-12-0590); and 14 15 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Finleys, their heirs, assigns 24 and successors in title are authorized to retain 12 wood pile posts in the City's right-of- 25 way as shown on the map entitled: "EXHIBIT SHOWING ENCROACHMENT OF WOOD 26 PILE POSTS LOT 9 SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65 27 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated June 16, 2021 , and prepared by 28 Warren & Associates, PC, a copy of which is attached hereto as Exhibit A and on file in 29 the Department of Public Works, to which reference is made for a more particular 30 description; 31 32 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 33 to those terms, conditions and criteria contained in the agreement between the City of 34 Virginia Beach and the Finleys (the "Agreement"), an unexecuted copy of which has been 35 presented to the Council in its agenda, and will be recorded among the records of the 36 Clerk's Office of the Circuit Court of the City of Virginia Beach; 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized 39 designee is hereby authorized to execute the Agreement; and 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 41 such time the Finleys and the City Manager or his authorized designee execute the 42 Agreement. i 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI NCY AND FORM: E31LIC WO KS, REAL ESTATE AR E I ITY ATTORNEY CA15197 R-1 Prepared: 09/21/21 c:\users\ccvaughan\appdata\local\microsoft\windows\inetcache\content.outlook\wy5jmmu7\00756522.docx 2 GRAPHIC SCALE 0' 25' 50' 75' - 't'IERIDIAN "�_ SOURCE I■I MAP BOOK- �32 0" 1" 2" 3" L 65 LOT 15, BLOCK 2 LOT 14, BLOCK 2 LOT 13, BLOCK 2 NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY KEVIN G. BOLL, JR. : LISA S. BROWN ROBERTA ECHOLS & LISA N. BOLL REVOCABLE TRUST & BRANDON NAFF INSTRUMENT INSTRUMENT INSTRUMENT 20160805000684600 III 20180103000003870 I4 20180807000650490 GPIN 2434 02 9397 GPIN 2434 02 9456 1. GPIN 2434 02 9525 -- - �. �, N°10'48'00" W 100.00' LOT 8, BLOCK 2 LOT 10, BLOCK 2 NOW OR FORMERLY LOT 9 NOW OR FORMERLY PAUL A. SAYEGH BLOCK 2 LAWRENCE B. LINDSEY DEED BOOK 4454 INSTRUMENT PAGE 466 PROPERTY OF 20180215000130060 GPIN 2434 12 1431 ROBERT A. FINLEY & GRACIELA I. FINLEY GPIN 2434 12 0569 DEED BOOK 4045 PAGE 183 GPIN 2434 12 0590 • 0 0 ' o ❑ 1� —INN II 1 ` iii ii aid I d - o in `— N 3 L III #2445 --_- 11 10. ff 2-STORY FRAME _t 'I z P I RESIDENCE ,- I r cNi ` _ " UNDERGROUND 1= i ' TELECOMMUNICATION _ LINE 4 - 1. II UNDERGROUND I , POWER LINE • I II BLOCK 2 I a °I ' -WOOD RETAINING WALL 30' BUILDING I ENCROACHMENT AREA_ ' • �' SETBACK LINE = 620 SQUARE FEET 4- 4 , ! d• ° i I MAP BOOK 32 PAGE 65 S 10'48'00" E 100.00' i 1 ENCROACHMENT AREA •1.e .* ti `,i. i I r= 135 SQUARE FEET WATER METER .6 PIN FOUND SEWER MANHOLE-1 I, NAIL FOUND WOOD PILE POSTS `',, ' % `,f j i• "%� !' • e. S EDGE OF ASPHALT- + "' .,�6 0 i6 VACUUM VENT ' - L 6" VACUUM SEWER 3/4" WATER SERVICE� 200' TO SWORDFISH LANE 8" CAST IRON WATER MAIN - SANDFIDDLER ROAD 50' RIGHT OF WAY MAP BOOK 32 PAGE 65 403,TH Op D o EXHIBIT .i,. SHOWING ENCROACHMENT OF WOOD PILE POSTS o R.L. HARWOOD 9 LOT 9 Lic. No. 3317 iii SANDBRIDGE BEACH '\, -16-2.1 BLOCK 2 MAP BOOK 32 PAGE 65 7N ®UR v�(0� VIRGINIA BEACH, VIRGINIA EXCLUSIVELY FOR: WARREN AND ASSOCIATES, PC ROBERT A. FINLEY & GRACIELA I. FINLEY LANDSURVEYORS 393D 3 Indian River Road Virginia Beach, Virginia 23456 SCALE 1 INCH = 25 FEET DUNE 16, 2021 757-471-0572 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERT A FINLEY and GRACIELA I. FINLEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "9", in Block 2, on that certain plat entitled: "SANDBRIDGE BEACH PRINCESS ANNE COUNTY, VA. PROPERTY OF SANDBRIDGE BEACH INCORPORATED NORFOLK, VA.," Scale: 1" = 100', dated October 10, 1952, and prepared by W. B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 65, and being further designated, known, and described as 2445 Sandfiddler Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain 12 wood pile posts encroaching 12.3' into City right-of-way and encompassing a total of 755 sq. ft., collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY RIGHT OF WAY (NO GPIN ASSIGNED) GPIN: 2434-12-0590 (2445 SANDFIDDLER ROAD) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right-of-way known as Sandfiddler Road located adjacent to 2445 Sandfiddler Road, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT SHOWING ENCROACHMENT OF WOOD PILE POSTS LOT 9 SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated June 16, 2021, and prepared by Warren & Associates, PC, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert A. Finley and Graciela I. Finley, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that 4 the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ROBERT A. FINLEY, Owner GRACIELA I. FINLEY, Owner STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by Robert A. Finley and Graciela I. Finley. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SIGNATURE DANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 GRAPHIC SCALE 0' 25' 50' 75' MERIDIAN -J`` ti SOURIF ii.1111. MAP BOOK 32 PAGE 0" 1" 2" 3„ 5 LOT 15, BLOCK 2 LOT 14, BLOCK 2 LOT 13, BLOCK 2 NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY KEVIN G. BOLL, JR. LISA S. BROWN ROBERTA ECHOLS & LISA N. BOLL REVOCABLE TRUST & BRANDON NAFF INSTRUMENT INSTRUMENT INSTRUMENT 20160805000684600 [I 20180103000003870 I 20180807000650490 GPIN 2434 02 9397 GPIN 2434 02 9456 I. GPIN 2434 02 9525 N�10 48'00" W 100.00' LOT 8, BLOCK 2 LOT 10, BLOCK 2 NOW OR FORMERLY LOT 9 NOW OR FORMERLY PAUL A. SAYEGH BLOCK 2 LAWRENCE B. LINDSEY DEED BOOK 4454 INSTRUMENT PAGE 466 PROPERTY OF 20180215000130060 GPIN 2434 12 1431 ROBERT A. FINLEY & GRACIELA I. FINLEY I GRIN 2434 12 0569 DEED BOOK 4045 PAGE 183 GPIN 2434 12 0590 0 0 • o f11 ii 1ni = 1NIIIIIIIIIiIII= ^' 0 IIIIIIII011111111 = — W o • = o E = N = #2445 F ` r. o 2-STORY FRAME _+ `, Z N = RESIDENCE '+i \ UNDERGROUND 0N) = ' TELECOMMUNICATION --- LINE ai I I `UNDERGROUND I _ '` 1 POWER LINE , � .1. 1 BLOCK 2 ' _- a .a F -WOOD RETAINING WALL ENCROACHMENT AREA I° + ' 30' BUILDING = 620 SQUARE FEET ,I° SETBACK LINE - . a MAP BOOK 32 PAGE 65 S 10'48'00" E 100.00' 1 ENCROACHMENT AREA ••i• I - = 135 SQUARE FEET WATER METER \ 4° ' .a '. ' ` ' PIN FOUND SEWER MANHOLE-ti •, I• \" NAIL FOUND si WOOD PILE POSTS '- %� /��%' / d' S 1 EDGE OF ASPHALT � 12 3' Y \.\./�/7/ VZ/�,� �/ d ;' '//I VACUUM VENT I L 6" VACUUM SEWER 3/4" WATER SERVICE-H 200' TO SWORDFISH LANE 8" CAST IRON WATER MAIN - SANDFIDDLER ROAD 50' RIGHT OF WAY MAP BOOK 32 PAGE 651'Q.LTH OF D� EXHIBIT - SHOWING ENCROACHMENT OF WOOD PILE POSTS o R.L. HARWOOD 9' LOT 9 e Lic. 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' • - ; lks:1 tm ': P f , P • , Y.. fir. _ W -- } u J F- Z W a) a s Qrn L, o o Q W --I in <s Ce W , nuo 11 Q W W c Y t:, NO \�� a t SP 110004.5 1t li li Vil'' li ' o CV i ...4 .., , , ,itiko ! oes _. sp$ _ ,s g t ,. v ti ‘co if t / a \I N it v cn W 94 0 y ,r, a v - _ o 0 N '=. y N Ce LL dilialla IIIIIk*t' - . - •••,..ie_,.,‘ = N V a r a) n a c N W-.(J1- E I S N° ° SITE 7- ,----- - o ,3o O \ 1,11110 N vpoos SIN \,—�-'�' ti C i` N y 0 2 O 4 p o� O <m i N ' ci v2 ° PSG R` / } 11111- LOCATION MAP N ENCROACHMENT REQUEST ��1 FOR Legend ROBERT A. AND GRACIELA L. FINLEY \ GPIN: 2434-12-0590 E3 2434-12-0590 -\ Feet CITY PROPERTYL C 0 50 100 200 Disclosure StatementNi3 fey of ibyvaw Kaxi, ..� . Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Robert A. Finley & Graciela I. Finley Does the applicant have a representative? ❑ Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ® No • If yes,list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary)or affiliated business entity relationship with the applicant. (Attach • a list if necessary) 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. 1iPage Disclosure Statement - Planning & Community :mot elopment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ER No • If yes,what Is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes El No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes =l No • If yes,identify the firm or individual providing the service. Warren & Associates PC prepared Exhibit A, the encroachment plat, for this application. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes El No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 44112/CAdiCt Applicant Signature Robert A. Finley, co-owner Graciela I. Finley, co-owner Print Name and Title 21 September 2021 21 September 2021 Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Disclosure Statement Continue to Next Page for Owner Disclosure Wage Disclosure Statement ' ' aiming & Community _ I)eve)opment Owner Disclosure Owner Name Robert A. Finley & Graciela I. Finley Applicant Name Robert A. Finley & Graciela I. Finley Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes,list the names of all officers, directors, members,trustees,etc. below (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes l No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 51Page Disclosure Statement Cry of 'ryea:Bari: Planning & Community Develo'meat Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes [21No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes g] No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes CZ No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? D Yes No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes CZ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ® No c if yes,identify the engineer/surveyor/agent. Warren & Assoc. PC were engaged to prepare a plot of 2445 Sandfiddler Road that shows the encroachment & street.asphalt. 6IPage Disclosure Statement .:,t.l.v,,;,fkr,f Planning & Community =: Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes, identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. /77:4-/ay.71$ /7,4 J� Signature g / Owner Si 1�C.J � Robert A. Finley, co-owner Graciela I. Finley, co-owner Print Name and Title 21 September 2021 21 September 2021 Date o , (u ,7;'', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as 352 Tuna Lane and Sand Broad Inlet, and two 5' Drainage and Utility Easements, All Located Adjacent to 2813 Wood Duck Drive. MEETING DATE: December 7, 2021 • Background: Thomas J. Low and Stephanie P. Low (the "Applicants") have requested permission to construct and maintain 102 linear feet of vinyl bulkhead, 6' x 50' marginal wharf, 6' x 10' kayak ramp, 12' x 12' fixed dock, 12' x 12' boat lift, and 11'8" x 23'4" drive-on floating dock (the "Encroachments") into City-owned property known as 352 Tuna Lane a/k/a Sand Broad Inlet (GPIN: 2433-27-3415), and two existing drainage and utility easements, located adjacent to their property at 2813 Wood Duck Drive (GPIN: 2433-25-1881). • Considerations: City staff reviewed the Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned property and easements, which is where the Applicants requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 4/41, City Manager: at_ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS 352 TUNA LANE 7 AND SAND BROAD INLET, AND TWO 5' 8 DRAINAGE AND UTILITY EASEMENTS, 9 ALL LOCATED ADJACENT TO 2813 10 WOOD DUCK DRIVE 11 12 WHEREAS, Thomas J. Low and Stephanie P. Low (the "Lows") have 13 requested permission to construct and maintain 102 linear feet of vinyl bulkhead, 6' x 50' 14 marginal wharf, 6' x 10' kayak ramp, 12' x 12' fixed dock, 12' x 12' boat lift, and 11'8" x 15 23'4" drive-on floating dock (collectively, the "Encroachments") within the City's property 16 known as 352 Tuna Lane a/k/a Sand Broad Inlet (GPIN: 2433-27-3415), and two existing 17 drainage and utility easements, located adjacent to the Low's property at 2813 Wood Duck 18 Drive (GPIN: 2433-25-1881); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property and easements subject to such terms and conditions as Council may 23 prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Lows, their heirs, assigns 30 and successors in title are authorized to construct and maintain the Encroachments within 31 the City's property and easements as shown on the map entitled: "EXHIBIT 'A' 32 ENCROACHMENT REQUEST FOR: REPLACEMENT BULKHEAD, MARGINAL WHARF, 33 FIXED DOCK, FLOATING DOCK, UNCOVERED BOAT LIFT, KAYAK RAMP," having a 34 Scale of 1" = 30', dated October 13, 2021, and prepared by Sigma Environmental Service, 35 Inc., a copy of which is attached hereto as Exhibit A, and on file in the Department of Public 36 Works and to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 39 to those terms, conditions and criteria contained in the agreement between the City of 40 Virginia Beach and the Lows (the "Agreement"), an unexecuted copy of which has been 41 presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Lows and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 3 B IC W RKS, REAL ESTATE DAN RMEYER SENIOR ITY ATTORNEY CA15399 R-1 Prepared: 10/20/2021 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d015\p040\00764318.doc FLOOD PLAN VIEW SAND BROAD INLET-AKA-352 TUNA LANE EBB\ SCALE: 1" = 30' ill MARGINAL DRIVE-ON FLOATING DOCK MHW-MHW WHARF FIXED DOCK-12'X 12' M9103p24 N/F CITY OF VIRGINIA =-290' N 12' 101 I_ 12' A BEACH • • l� PROPOSED 102'BULKHEAD SAND BROAD INLET KAYAK GPIN 2433-27-3415 RAMP,____r12' BOAT LIFT �� 23'4" MB 103 P24 • 1 L _2.5' r4"7 10' 50' 'I ` `.•,3 ,..,` ' ` 11'8" MHW&MLW ON FACE OF T S �A- � A .fe oA,N / EXISTING BULKHEAD /06 � EXISTING BULKHEAD TO j.)5"."------- REMAIN INPLACE BUT ��.` LOWERED APPROXIMATELY /�i `�/ ' 6 -) t: 1 . -3 .4. � 1-FOOT #28 3F ....-1;:ris.:-1:.:*-1:...:'.....1:.....'"..-..1:,..1.,.............'..s........ 5-FT.DRAINAGE AND / �' 5-FT DRAINAGE AND UTILITIES EASEMENT--' ..1, UTILITIES EASEMENT s I N LOT 145 O,' LOT 146 LOT 144 0, J N/F THOMAS J.LOW& Z N/F MARTHA KAY FERGUSSON& N/F DAVID L.MULHERIN& ^v, STEPHANIE P.LOW MARY A.NAEGELE z MARY M.FERGUSSON SANDBRIDGE SHORES 0 SANDBRIDGE SHORES SANDBRIDGE SHORES NORTH SECTION 1B NORTH ::• ; SECTION 1B NORTH SECTION 1B a MB 103 P 24 `.::..'.: MP 103 P24 GPIN 243MP 03325�2701 4 2433-25-1881 I GPIN 2433-25-1950 INSTR.#202103028897 INSTR.#202100016527 • INSTR.#20110715000706550 DB 3749 PG 1756 :,::::-:1..:::.-....... .........:.il"..... S 10°43'E 100.00' 17S60'TOTIINAIN 11. WOOD DUCK DR. (50'R/W) SCALE:1"=30' MB 103 P 24 [0 10 20 30 1 1 E SIGMA ENVIRONMENTAL SERVICES,INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 EXHIBIT"A" WATERWAY:SAND BROAD INLET PROJECT:REPLACEMENT BULKHEAD, ENCROACHMENT REQUEST FOR: MARGINAL WHARF,FIXED DOCK, REPLACEMENT BULKHEAD, FOR: THOMAS J.LOW FLOATING BOAT DOCK,UNCOVERED MARGINAL WHARF, FIXED DOCK, LOT 145, SANDBRIDGE SHORES NORTH BOAT LIFT, KAYAK RAMP FLOATING DOCK, UNCOVERED BOAT SECTION 1B NORTH LIFT, KAYAK RAMP GPIN:2433-25-1881 MB 103 P 24 DATUM: 0.00'MLW=-1.3'NAVD 1988 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this i0 day of Ocklbe( , 202 1 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS J. LOW and STEPHANIE P. LOW, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "145," as shown on that certain plat entitled: "SANDBRIDGE SHORES, SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," prepared by Palmer L. Smith, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 2813 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain 102 linear feet of vinyl bulkhead, 6' x 50' marginal wharf, 6' x 10' kayak ramp, 12' x 12' fixed dock, 12' x 12' boat lift, and 11'8" x 23'4" drive-on floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPfNs: 2433-27-3415 (CITY-OWNED PROPERTY - 352 TUNA LANE) 2433-25-1881 (2813 WOOD DUCK DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Sand Broad Inlet a/k/a 352 Tuna Lane and two existing drainage and utility easements, collectively the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: REPLACEMENT BULKHEAD, MARGINAL WHARF, FIXED DOCK, FLOATING DOCK, UNCOVERED BOAT LIFT, KAYAK RAMP," having a Scale of 1" = 30', dated October 13, 2021 , and prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attomey's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments or encroachments to be removed referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Thomas J. Low and Stephanie P. Low, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GRANTEE: Thomas J. Stephanie P. Low STATE OF t- t6“" ' CITY/COUNTY OF UJ & , to-wit: The foregoing instrument was acknowledged before me this c.(j day of Xi-Ober , 20 `Z�, by Thomas J. Low and hanie P. Low. (SEAL) Notary Public DENISE RESKOVAC LINCH f Notary Registration Number: J DOS NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES NOV.30.2022 COMMISSION M 7583059 My Commission Expires: No4 3 } aQ a APPROVED AS TO CONTENTS APPROVED AS TO LEGAL S CIENCY AND FORM L19 B C W KS/REAL ESTATE AN . S 0 ATTORNEY 7 FLOOD PLAN VIEW SAND BROAD INLET-AKA-352TUNA LANE E88 \ SCALE: 1" = 30' \41 MARGINAL DRIVE-ON FLOATING DOCK MHW-MHW WHARF FIXED DOCK-12'X 12' M13103 P 24 N/F CITY OF VIRGINIA =-290' N 12 ►� 12' Ilk • A BEACH PROPOSED 102'BULKHEAD ----1—SAND BROAD INLETIL KAYAK ' GPIN 2433-27-3415 RAMP 12' BOAT LIFT I23'4" MB 103 P24 �2.5' 6' t 0 ? Pl N 10'43' lOp.00 s ?. , 10'1ie St) 11'8„ �•� _ /��� ```� MHW&MLW ON FACE OF ,,, . ... c y ? 5� �- ` 0 ,,fri EXISTING BULKHEAD • "_-' ��/ EXISTING BULKHEAD TO : ': . _ REMAIN INPLACE BUT II01.�� LOWERED APPROXIMATELY 1-FOOT �• �` 2-5T SF t L.� #2813 ��i 5-FT.DRAINAGE AND N— 5-FT DRAINAGE AND UTILITIES EASEMENT—A► UTILITIES EASEMENT 191IIIII:::: . .-:: s 0 i8 LOT 144 LOT 145 z LOT 146 N/F DAVID L.MULHERIN& -, N/F THOMAS J.LOW& 1. N/F MARTHA KAY FERGUSSON& MARY A.NAEGELE "' z STEPHANIE P.LOW I MARY M.FERGUSSON SANDBRIDGE SHORES SANDBRIDGE SHORES SANDBRIDGE SHORES NORTH SECTION 1B SECTION 1B NORTH SECTION 18 NORTH MCTIONlP 103 P 4st MB103P24 '.?.•'.;'.'. MP 103 P24 GPIN 2433-25 2701 2433-25-1881 GPIN 2433-25-1950 INSTR.#202103028897 INSTR.#202100016527 INSTR.#20110715000706550 DB 3749 PG 1756 .......::.:.:::....1::,:::?. A �N ti�F� � S 10n 43'E 100.00' 175 fin'Tl TUNA IN IP. WOOD DUCK DR. (50'R/W) SCALE:1"=30' MB 103 P 24 0 10 20 30 I ) E SIGMA ENVIRONMENTAL SERVICES,INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 EXHIBIT"A" WATERWAY:SAND BROAD INLET PROJECT:REPLACEMENT BULKHEAD, ENCROACHMENT REQUEST FOR: MARGINAL WHARF, FIXED DOCK, REPLACEMENT BULKHEAD, FOR: THOMAS J. LOW FLOATING BOAT DOCK, UNCOVERED MARGINAL WHARF, FIXED DOCK, LOT 145,SANDBRIDGE SHORES NORTH BOAT LIFT, KAYAK RAMP FLOATING DOCK, UNCOVERED BOAT SECTION 1B NORTH LIFT, KAYAK RAMP GPIN:2433-25-1881 MB 103 P 24 DATUM: 0.00'MLW=-1 3'NAVD 1988 — , a t^ —',' , , • u` ' y Till a• ' � 'A 1 - am- . , • Y . ; �. r - Est fz � i. ao . e , r- t _ 9< ' I. 1 - *' '' 41.. 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F �� :`� T ctT R�• { > l_ � jr s `�. :'_r' " '� ,4,214 }\,€` r '4s -- } l,, '�'- ' a - 71 l;'- f ,:- . r.1 _ R l f r, a Fi - ii a a N i . 0 4 ,!' • ' 110 ,,- .W 1 o Illik , . ° , 0140 10°' . 0 , , , 13 r' , , ' 00— , A.. r -'4. ...r , ...y.,. , \ u 1.•AC 111 * r „ ' ,• ,,,e• so, s 0 c l' tk , . .• ----- • <. • . fil`,---- 4%,,, , . \ • . , \ _ $31 r ,,,... ...'1 ' ' " 1. •. . ----- _....------- ,41,,/•-P ' ,, ... * ;, , ., 4 , , \ , ..., , ,.. . iblek 4 LOCATION MAP Legend ENCROACHMENT REQUEST , ,,, OWNER: THOMAS AND STEPHANIE LOW 2433-25-1881 GPIN: 2433-25-1881 2433-27-3415 0 Feet City Properties , - - --" ' , ' ',,, - "' tv, 1 L=7:=IIIIIIIIIM 0 50 100 200 Prepared by P W/Eng./Eng Support Services Bureau 08/25/2021 X\CADD\Projects\ARC Files\AGENDA MAPS\2433-25-1881\2433-25-1881 Aerial mxd \ N Ei ,og��oGo W —.&_ E "\' \ \ I % 4r' \ \-)-----\,-, \�J \ \ %\13 U 0 ITE r , 0\ ( i \ ) \':___.------\ \ \ \ \0\ r\ \ \ OG ��� 0 o � \ \ \ C- 1 LOCATION MAP Legend ENCROACHMENT REQUEST OWNER: THOMAS AND STEPHANIE LOW Q 2433-25-1881 GPIN: 2433-25-1881 II 2433-27-3415 Nommiiiii Feet City Properties 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 08/25/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\2433-25-1881\2433-25-1881.mxd Disclosure StatementNiu • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. A., licant Disclosure • Applicant Name 1?') IDS _ ,; Does the applicant have a representative? P.Yes 0 No • If yes, list the name of the representative. (( 1/v1l4 FR. LI iN.,e1Al Ili iL'tS • Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes S No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '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(lii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i P a g e Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes IS No • If yes,what is the name of the official or employee and what is the nature of the interest? A E.Ilcant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 3No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes S No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes rit.No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes S No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes M No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure StatementN.B too 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,Identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?Et Yes ❑ No • If yes,identify the firm and individual providing the service. StG E-A1vtaini'l11 enartc— StcauiG1eS / 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • if yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Ap rtt Signature hiR - h MA'S U.• LAP tA) Print Name and Title Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No chnges a o! I Dab• Signature Print Nana Revised 11.09.2020 3 { Page 4 ;' 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) a Reduction in the Purchase Price and 2) a Credit to Offset Development Costs for 11.7 Acres of City Property Located on Bonney Road to be Purchased by Olympia Development Corporation MEETING DATE: December 7, 2021 • Background: The City of Virginia Beach (the "City") owns property located on Bonney Road (GPIN: 1477-52-4516) (the "Property"), known as the former Days Inn. The Property consists of approximately 11 .7 acres, approximately 7.5 acres of which is not constrained by wetlands. The Property is located in the Pembroke Central Business District/SGA, in close proximity to Town Center and the Convergence Center. The Property also abuts a portion of the new Thalia Creek Greenway. On June 4, 2019, City Council adopted Ordinance ORD-3591S (the "2019 Ordinance") authorizing the sale of the Property to Olympia Development Corporation ("Olympia") for the purchase price of $2,312,000. At the time of the 2019 Ordinance, Olympia planned a mixed-use development on the Property. The City and Olympia entered into a Purchase Agreement dated March 12, 2020, in accordance with the 2019 Ordinance. In connection with Olympia's planned acquisition and development of the Property, on May 21, 2019, the City of Virginia Beach Development Authority (the "VBDA") approved an award in the amount of$625,000 pursuant to Part B of the Economic Development Investment Program ("EDIP"). The EDIP funds were intended to offset costs associated with road improvements, wetland mitigation, and sanitary sewer and stormwater improvements. • Considerations: Due to site conditions and increased development costs, Olympia has requested that the City consider reducing the purchase price for the Property to $1,700,000. In addition to the reduced purchase price, Olympia has requested a credit in the amount of up to $625,000 (the "Credit") against the purchase price to reimburse actual and verified wetland mitigation, sanitary sewer, stormwater infrastructure, utility and road improvement costs attributable to the development of the Property. The Credit would be in lieu of the previously approved EDIP award, which will be cancelled. The EDIP award would no longer be allowed under the EDIP Policy as the project has shifted from mixed-use to possibly solely residential. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development / tht„J � City ManagerZ 1 AN ORDINANCE AUTHORIZING 1)A REDUCTION 2 IN THE PURCHASE PRICE AND 2) A CREDIT TO 3 OFFSET DEVELOPMENT COSTS FOR 11.7 4 ACRES OF CITY PROPERTY LOCATED ON 5 BONNEY ROAD TO BE PURCHASED BY 6 OLYMPIA DEVELOPMENT CORPORATION 7 8 WHEREAS, the City of Virginia Beach (the"City") owns a parcel of property located 9 on Bonney Road, consisting of approximately 11.7 acres (GPIN: 1477-52-4516) (the 10 "Property"); 11 12 WHEREAS, on June 4, 2019, City Council approved the sale of the Property to 13 Olympia Development Corporation ("Olympia") for $2,312,000; 14 15 WHEREAS, in connection with the sale to Olympia, on May 21 , 2019, the City of 16 Virginia Beach Development Authority ("VBDA") approved an award of $625,000 under 17 Part B of the City's Economic Development Investment Program ("EDIP"); 18 19 WHEREAS, the EDIP funds were intended to offset costs associated with road 20 improvements, wetland mitigation, sanitary sewer and stormwater improvements; 21 22 WHEREAS, due to increased and unanticipated site and development costs, 23 Olympia has asked the City to consider a reduction in the purchase price to $1,700,000; 24 25 WHEREAS, to further offset the stormwater, utility and road improvement costs 26 associated with the development of the Property, Olympia has asked the City to consider 27 a credit against the purchase price up to $625,000 (the "Credit") for the actual verified 28 costs expended; 29 30 WHEREAS, Olympia has also represented that it may develop the Property 31 exclusively for residential use, which would not qualify for an EDIP award, accordingly, 32 the EDIP will be terminated by the Authority and replaced by the Credit; and 33 34 WHEREAS, the City Council is of the opinion that the sale of the Property at the 35 reduced purchase price and approval of the Credit is in the City's interests. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the City Manager, or his authorized designee, is hereby authorized to 41 execute any and all documents necessary to amend the purchase agreement to reduce 42 the purchase price of the Property being sold to Olympia to $1,700,000, and to authorize 43 a credit of up to $625,000 against the purchase price for the reimbursement of actual 44 verified wetland mitigation, sanitary sewer and stormwater infrastructure and road 45 improvement costs attributable to the development of the Property. 46 46 This Ordinance shall be effective from the date of its adoption. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 49 , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: (P/i/f(A46./— City Attorney Economic Development CA15405 Uvbgov.com\dfsl\applications\citylaw\cycom321wpdocsld0101p042\00750607.docc R-1 November 30, 2021 It 'Virginia Bear t APPLICANT'S NAME Olympia Development Corporation 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 A .eats 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 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: ,0,*/7" - JNO CHANGES AS OF DATE: 00/ REVISIONS SUBMITTED DATE: Ii ini He it+ n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Oimpia Development Corn____ If an LLC, list all member's names: Cecil V. Cutchins Cecil V. Cutchins, Jr. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Cecil V. Cutchins Cecil V. Cutchins, Jr. (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 fromAvplkant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri 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: I:-rily V �E t-ti►'\ If an LLC, list the member's names: i r ... 's . . . apang.r Page 2 of 7 tigitd e If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (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 operatirL, 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 - _e. Page 3 of 7 a APPLICANT i'hgi a eat YES NO SERVICE PROVIDER (use additional sheets if needed) _ Z ❑ Accounting and/or preparer of IBDO your tax return Architect/Landscape Architect/ Rule Joy,Trammell&Rubio j Land Planner Siska-Aurand �e IContract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ Z purchaser of the subject property (identify purchaser(s) and purchaser's service providers) riConstruction Contractors CEngineers/Surveyors/Agents American Engineering Financing (include current ,TowneBank ri mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Wolcott Rivers, P.C. Real Estate Brokers / E Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® E 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 is htdr 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; gleetipg of any public body or committee in connection with this j A kf n! s� .^r APPJ- - 4 PRINT NAME DA A Page 5 of 7 \la OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) — Accounting and/or preparer of your tax return U 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) _n n Construction Contractors UEngineers/Surveyors/Agents Financing (include current El ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE ff Page 7 of 7 u C;, k CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide Two Interest-Free Loans to the Virginia Beach Volunteer Rescue Squad, Inc. for the Purchase of New Ambulances MEETING DATE: December 7, 2021 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City of Virginia Beach has historically provided short-term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item is to provide two loans requested by the Virginia Beach Volunteer Rescue Squad. One loan will be for $221,000 to replace an ambulance that has been recommended for replacement by the City Garage, and this loan will be made immediately upon action of the City Council. The second loan is for $457,000, and it will be disbursed in January to allow the purchase of two replacement ambulances. Collectively, these loans will provide funding for the replacement of three ambulances. • Considerations: For the loan of $221,000, there will be five annual payments of $44,200 each, with the first payment due on November 15, 2022. For the loan of $457,000, there will be five annual payments of$91,400 each, with the first payment due on January 15, 2023. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement; Promissory Notes (2); Repayment Agreements (2); Letters from the Virginia Beach Volunteer Rescue Squad, Inc. (2) Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: ; 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 TWO INTEREST-FREE LOANS TO THE VIRGINIA BEACH 3 VOLUNTEER RESCUE SQUAD, INC. FOR THE 4 PURCHASE OF NEW AMBULANCES 5 6 WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc. has requested two 7 interest-free loan loans to purchase replacement ambulances with required equipment; 8 9 WHEREAS, the first loan of $221 ,000 will be made in December, and the second 10 loan of$457,000 will be made in January. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. $678,000 is hereby appropriated from the fund balance of the General Fund 16 for two interest-free loans to the Virginia Beach Volunteer Rescue Squad, 17 Inc. for the purchase of a replacement ambulances; and 18 19 2. A loan is hereby authorized in the amount of $221,000 to be repaid by the 20 Virginia Beach Volunteer Rescue Squad, Inc. over five (5) years, pursuant 21 to the terms of the attached agreement and promissory note, with payments 22 commencing November 15, 2022; and 23 24 3. A loan is hereby authorized in the amount of $457,000 to be repaid by the 25 Virginia Beach Volunteer Rescue Squad, Inc. over five (5) years, pursuant 26 to the terms of the attached agreement and promissory note, with payments 27 commencing January 15, 2023. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services ' Att rney's Office CA15652 R-2 December 1, 2021 PROMISSORY NOTE $221,000.00 Virginia Beach,Virginia December , 2021 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of TWO HUNDRED TWENTY-ONE THOUSAND DOLLARS AND ZERO CENTS ($221,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before November 15, 2022 - $44,200.00 On or before November 15, 2023 - $44,200.00 On or before November 15, 2024- $44,200.00 On or before November 15, 2025 - $44,200.00 On or before November 15,2026- $44,200.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Volunteer Rescue Squad, Inc. (SEAL) Title: Date: PROMISSORY NOTE $457,000.00 Virginia Beach,Virginia January_,2022 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FOUR HUNDRED FIFTY-SEVEN THOUSAND DOLLARS AND ZERO CENTS ($457,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before January 15, 2023 - $91,400.00 On or before January 15, 2024- $91,400.00 On or before January 15, 2025 - $91,400.00 On or before January 15, 2026 - $91,400.00 On or before January 15, 2027 - $91,400.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof,together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Volunteer Rescue Squad, Inc. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia§§27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNES SETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s),the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. VIRGINIA BEACH VOLUNTEER RESCUE CITY OF VIRGINIA BEACH SQUAD,INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s),the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. VIRGINIA BEACH VOLUNTEER RESCUE CITY OF VIRGINIA BEACH SQUAD,INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 gA eF 4= CUESC` 5 iuNTEEA EST.1952 Tax ID Number:54-6047133 October 1, 2021 Edward M. Brazle,Chief Virginia Beach Department of EMS 4160 Virginia Beach Blvd. Virginia Beach,VA 23452 Dear Chief Brazle: The Virginia Beach Volunteer Rescue Squad, Inc("VBVRS") is in the process of purchasing two ambulances for delivery in late 2021 at a cost of$221,366 each.These will be replacing two units, 1428 and 1429, both of which are 2010 models which have been recommended for replacement by the City Garage.One unit will be partially funded with the$185,000 City grant received earlier this year with the remainder funded with from existing squad reserves. We respectfully request a$221,000, 5-year interest-free loan in order to fund the 2nd ambulance.The ability to use the proceeds of a loan is important as it will avoid an immediate full-cost draw-down of the investments of both VBVRS and the Virginia Beach Rescue Squad Foundation. It is the earnings on the Foundation's endowment that fund the Foundation's city-wide recruitment program as well as the annual grant awards to other rescue squads,Marine Rescue Team and the SAR/Bike team. VBVRS continues to lead the volunteer EMS system with 147 Operational,52 Admin members and 14 BLS Interns. In addition,the squad responds to approximately one-third of EMS calls and routinely staffs other stations and lends ambulances to other squads when needed. Our ambulance committee has worked very hard in developing a best-value specification and has followed all City guidelines. We intend to continue our prudent replacement program over the coming years in order to keep our fleet up to date and provide the City with first class assets and service. Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you have any questions for the Squad. Sincerely, ;r744 /1 John Neumayer Chief,VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD./VIRGINIA BEACH, VIRGINIA 23451 /PHONE 757-437-4830/FAX 757-437-0422 www.vbvrs.org ��`�11A @F 4CI �� Z ��ScU Y E kotto WI EST.1952 Tax ID Number:54-6047133 November 16, 2021 Edward M. Brazle,Chief Virginia Beach Department of EMS 4160 Virginia Beach Blvd. Virginia Beach,VA 23452 Dear Chief Brazle: The Virginia Beach Volunteer Rescue Squad, Inc("VBVRS")is in the process of purchasing two ambulances for delivery in January 2022 at a cost of$228,813 each.These will be replacing two units, 1423 and 1424, both of which are 2013 models and are nearing the end of their useful lives. We respectfully request a$457,000,5-year interest-free loan in order to fund these two ambulances. The ability to use the proceeds of a loan is important as it will avoid an immediate full-cost draw-down of the investments of both VBVRS and the Virginia Beach Rescue Squad Foundation. It is the earnings on the Foundation's endowment that fund the Foundation's city-wide recruitment program as well as the annual grant awards to other rescue squads, Marine Rescue Team and the SAR/Bike team. VBVRS continues to lead the volunteer EMS system with 147 Operational, 52 Admin members and 14 BLS Interns. In addition,the squad responds to approximately one-third of EMS calls and routinely staffs other stations and lends ambulances to other squads when needed. Our ambulance committee has worked very hard in developing a best-value specification and has followed all City guidelines.We intend to continue our prudent replacement program over the coming years in order to keep our fleet up to date and provide the City with first class assets and service. Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you have any questions for the Squad. Sincerely, .f, . John Neumayer Chief,VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD. /VIRGINIA BEACH, VIRGINIA 23451 /PHONE 757-437-4830/FAX 757-437-0422 www.vbvrs.org DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Virginia Beach Volunteer Rescue Squad, Inc Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparation of Dixon Hughes Goodman tax returns Financial Services (include bank institutions, lending institutions, TowneBank x and current mortgage holders as Janney Montgomery Scott applicable) x Legal Services Wolcott Rivers Gates CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLI ANT'S SIGNATURE John Neumayer, Chief / I 11/16/2021 P4, / ec.?4,,L.€yc� PRINT NAME DATE \\vbpov.mn\MsI\Ikpartments\EMS\€Ms Admin\t100.UtM1-sVc-PROCESS-AREA\SUPPLIER-ACitffMEM-mANAGEMEhIfuuppbervocalty-permtteE-ems\ens-0isuosmestatement.dacx \W ov.comlas1\Departments\EMS\EMS Adfln\000 CMMI-SVCGFROCESS-AREA\$UPPIIER-AGREEMENi9WAGEMENT\supplier\Iota!IY-Permtted rs\ernsElstlasureitstemint—Flliok.pdf I 0 �i z7 Qt � 7 t7- As CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $150,000 from What Works Cities for an Early Childhood Language Development Implementation Grant MEETING DATE: December 7, 2021 • Background: The Department of Economic Development, through its GrowSmart program, successfully applied for a What Works Cities and Results for America grant to help plan a program to support early cognitive and language development and improve kindergarten readiness for local children. Last year, GrowSmart received $150,000 funding for the second year's implementation of the program. This is the third year of the grant, and $150,000 in grant funding will be used to implement the continuation and expansion of GrowSmart's Language ENvironment Analysis program, which includes strength-based parent groups, home visitation services, and professional development for early care and education providers. GrowSmart's existing collaborative partners who offer services to families with children up to age three will receive additional training and technical support to incorporate this innovative talk pedometer/language focus in their work to further strengthen home language environments. GrowSmart's partners will also receive instructional training and materials to embed quality interactions and language focus in the early care and education programs to enhance the talking environments. • Considerations: This grant is the third year of a three-year program that will total $448,000. The year three grant has a local match that is covered by existing funding within the Economic Development Operating Budget. Without this appropriation of grant funding from What Works Cities and Results for America, GrowSmart staff would not be able to implement the additional language focus into the program's early education services. As a result of COVID-19 and multiple service disruptions for families with young children, City staff is seeing an increased need for these supports in our community. This grant funding will support GrowSmart in meeting this need for our youngest residents and families. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development / GrowSmart City Manager: ((:?*\' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $150,000 FROM WHAT WORKS CITIES FOR AN 3 EARLY CHILDHOOD LANGUAGE DEVELOPMENT 4 IMPLEMENTATION GRANT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $150,000 is hereby accepted from What Works Cities and appropriated, with 10 miscellaneous grant revenue increased accordingly, to the FY 2021-22 Operating Budget 11 of the Department of Economic Development for year three of an early childhood 12 language development implementation grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A ey' ffice CA15649 R-1 November 22, 2021 C S yti S��-'�" � 6I,,,,.\=,:z......./),„ i iiw t" v' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $53,080 from the Virginia Department of Social Services for the Adult Protective Services Program MEETING DATE: December 7, 2021 • Background: In Section 9301 of the American Rescue Plan Act (P.L. 117-2), the United States Congress appropriated $276 million to support adult protective services operated by states and local governments. This additional funding was split into two fiscal years, with $88 million to be used in federal Fiscal Year 2021 . Of this $88 million, $2 million was apportioned to the Commonwealth of Virginia by the Administration for Community Living, a sub-unit of the United States Department of Health and Human Services. The Virginia Department of Social Services distributed the $2 million to local entities throughout the Commonwealth, and the City was awarded $53,080. The funds will be used by the Virginia Beach Adult Protective Services, a component of the Department of Human Services. APS serves adults 60 or older as well as adults 18-59 who are incapacitated. • Considerations: The $53,080 will cover expenditures to enhance and improve the response by Adult Protective Services to the COVID-19 Pandemic. The pass-through federal funds will purchase technology, materials, and resources to improve the prevention of adult maltreatment and will support local investigations of adult abuse, neglect, or exploitation. No local match is required for this award. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Depart ent/Agency: Department of Human Services City Manager: ea 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $53,080 2 FROM THE VIRGINIA DEPARTMENT OF SOCIAL 3 SERVICES FOR THE ADULT PROTECTIVE SERVICES 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $53,080 is hereby accepted from the Virginia Department of Social Services and 10 appropriated, with revenue from the federal government increased accordingly, to the 11 Fiscal Year 2021-22 Operating Budget of the Department of Human Services for Adult 12 Protective Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services tt ey's Office CA15648 R-1 November 22, 2021 to" ri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $681,569 to Capital Project #100581, "Crime Prevention Through Environmental Design," for the Renovation of the Second Precinct Police Substation MEETING DATE: December 7, 2021 ■ Background: The Department of Public Works, through its Facilities Management Division, continues to coordinate the renovation and buildout of the Police substation in the Resort Area. Improvements to the Second Precinct Police Substation located on 2112 Atlantic Avenue are necessary to continue the Police Department's efforts to create a safer, more welcoming environment at the Oceanfront through the establishment of a Police satellite office. Planned and impromptu meetings and a constant presence are intended to create positive interactions among the public, the business community, and the public safety departments. The completion of this project will assist the Police Department in this mission. Work to be completed includes ballistic protection at the front and rear of the building to protect occupants. The interior portion of the renovation includes all finishes, selective interior wall demolition and construction, systems furniture, new lighting, and new communications / security infrastructure. The project completion date is estimated to be late spring of 2022. Total budget estimates to complete the buildout of the substation is $1,181,569 based on the most recent design. The capital project, "Crime Prevention Through Environmental Design,"was initially established on April 20, 2021 by ordinance. The City Council appropriated $500,000 to the project for initial buildout and furnishings. As additional design work has been completed, this project requires an additional $681,569. • Considerations: The proposed fund source for this transfer is City Council Emergent Needs Reserve. If this transfer request is approved, the balance in the reserve will be $6,495,612. • Public Information: Normal City Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance, CIP Detail Sheet Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department, Public Works City Manager: tpt_ 1 AN ORDINANCE TO TRANSFER $681 ,569 TO CAPITAL 2 PROJECT #100581, "CRIME PREVENTION THROUGH 3 ENVIRONMENTAL DESIGN," FOR THE RENOVATION OF 4 THE SECOND PRECINCT POLICE SUBSTATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $681,569 from the General Fund's City Council Emergent Needs Reserve is 10 hereby transferred as pay-as-you-go funding to the FY 2021-22 Capital Improvement 11 Program for Capital Project #100581 "Crime Prevention Through Environmental Design" 12 for the renovation of the Second Precinct Police Substation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget an anagement Services C' or y's Office CA15650 R-1 November 23, 2021 Fiscal Years FY23 through FY28 Capital Improvement Program Title:Comprehensive Crime Prevention through Environmental Design Project:PG100581 (OPTED) Status:Proposed Category:Information Technology Department:Information Technology Project Type Project Location Project Type:Rehabilitation/Replacement District:Beach District Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 1,117,000 1,117,000 - - - - Description and Scope This proposal would establish a new CIP project to conduct and augment assessments presently being examined by the Police's new Resort Liaison Squad.The focus of these studies is to modify the built environment in locations that presently attract crime and disorder.Once assessments are completed,funding will be available in the CIP project for the purchase of equipment and supplies necessary to create safer environments.Enhanced lighting is one example of equipment that may be purchased to support this initiative.This project will also support the establishment of a satellite police office,which may include the need to lease,make modifications,and furnish additional space. Purpose and Need This project will assist with crime prevention and deterrence in the Resort area of the City. History and Current Status This project first appeared in the FY 2021-22 CIP. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/21-06/22 1,117,000 Total Budgetary Cost Estimate: 1,117,000 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 1,117,000 Total Funding: 1,117,000 K. PLANNING 1. MURPHY'S OF VIRGINIA BEACH/ STEPHEN YUEN YEE FAMILY, LLC for a Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6 — BEACH(Deferred from October 19, 2021) RECOMMENDATION: APPROVAL 2. VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY&FROB,LLC for a Modification of Proffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE(Deferred from November 9,2021) RECOMMENDATION: APPROVAL 3. THE FRIENDS SCHOOL for a Modification of Conditions re reduce acreage and expansion of the existing administration building; the construction of an outdoor stage, classrooms and shaded art patio at 1537 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. 1537,LLC for a Modification of Conditions re reduce acreage for private school at 1537 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. HACKERS,LLC/POTTER PROPERTIES GROUP,LLC for a Conditional Change of Zoning from B-1 Neighborhood Business District to Conditional B-2 Community Business District re convert an existing vacant building into an eating and drinking establishment with virtual golf simulators at 1532 Laskin Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 6. JOSE M.RIVERA/K&P ENTERPRISES,LLC for a Conditional Use Permit re tattoo parlor at 549 Newtown Road, Suite 109 DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. WINNER'S PROPERTIES, LLC / THE RUNNYMEDE CORPORATION for a Conditional Use Permit re motor vehicle sales & service at 3736 Sentara Way DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 8. JAMES D.WHITE REVOCABLE LIVING TRUST for Conditional Use Permit re short term rental at 407 18t Street,Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL ITEM TO BE DEFERRED AND READVERTISED 9. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION—DENIAL 10. NIMMO UNITED METHODIST CHURCH for a Certificate of Appropriateness re appeal of Historical Review Board Decision at 2040 Nimmo Church Lane DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: DENIAL APPLICANT REQUESTS WITHDRAWAL nCcs r B fOL ) V.g.tr /1.? , •4 ilz. ,...„,„,......,:,.. ,.,..„.„....2:...,.. NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, December 7, 2021 at 6:00 p.m. In the Council Chamber at City Hall, Building 1,2^a Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbRov.webex.com/vbkovionstage/goho?MTID=e8234fbct) 05838017b49296212add162f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 7,2021. The following requests are scheduled to be heard: Virginia Beach Development Authority (Applicant) Virginia Beach Development Authority& FROB, LLC(Property Owners) Modification of Proffers Address: Portion of Corporate Landing Business Park GPIN(s): 2415122650,2415040770.2415146859.2415259170,2415227788 Council District Prinrwcs Anne The Friends School(Applicant&Property Owner)Modification of Conditions Address: 1537 Laskin Road GPIN(s): 2417081307, 2417081734, 2417081031 Council District Beach 1537, LLC (Applicant & Property Owner) Modification of Conditions Address:1537 Laskin Road GPIN(s):2417081031 Council District Beach Hackers, LLC (Applicant)Potter Properties Group,LLC(Property Owner) Conditional Rezoning(B-1 Business District to Conditional B-2 Business District) Address: 1532 Laskin Road GPIN(s): 2417091256 Council District Lynnhaven Jose M. Rivera (Applicant) K & P Enterprises, LLC (Property Owner) Conditional Use Permit(Tattoo Parlor)Address:549 Newtown Road,Suite 109 GPIN(s):1468206651 Council District Kempsville Winner's Properties,LLC(Applicant)The Runnymede Corporation(Property Owner)Conditional Use Permit(Motor Vehicle Sales&Service)Address: 3736 Sentara Way GPIN(s):1487428775 Council District Rose Hall James D. White Revocable Living Trust (Applicant & Property Owner) Conditional Use Permit(Short Term Rental)Address:407 18th Street,Unit D GPIN(s):24270763310001 Council District Beach Murphy's of Virginia Beach (Applicant) Stephen Yuen Yee Family, LLC (Property Owner)Alternative Compliance Address:2914 Pacific Avenue GPIN(s):2428013605 Council District Beach City of Virginia Beach-A Resolution to amend the City of Virginia Beach Comprehensive Plan,2016 to address City-wide stormwater impacts for discretionary land use applications. Nimmo United Methodist Church(Applicant&Property Owner)Certificate of Appropriateness(Appeal of Historical Review Board Decision)Address: 2040 Nimmo Church Lane GPIN(s): 2414054907 Council District Princess Anne Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc. For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www vbgov cont/gpvernment/denartments/city-clerk/city-councit for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-NOVEMBER 21&28,2021-1 TIME EACH ' \ \ -- I .1` , \ OR ` OR Roam .' I: - �n Las 0 ,, - s. _ ,\..... ORS Q -----°R---- \ \\,7 _____ . 1 t ca.\ -5.64: ` N OR ' '�� � 30I . , \ W' OR � 21;' 3011 - S-teat- - ';O R 111cv O R p�h sere OR vr O R _\ \ 9,� VoR \ 0\Uøi Ø1 -----;/- ..------;----1."-- °,,,,,\ W-_ '_ OR T__'46- ' C1:741;*. OR 1 ' i) *V, -*I \____ . - - OR, ID/i � _ ie �i. 9th".Scree - . i ___-- i ,, \IN 11 *., o l� \\, 0 03 aidlli OR11111117 ------\OR l 11IA \ imte'S \1\ - iiiiiimillfillir— , ' ___, O,R N �� Site Murphy's of Virginia Beach W i. '1. Property Polygons 2914 Pacific Avenue VS ---/ Zoning Building Feet 0 30 60 120 180 240 300 360 44C :Y CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MURPHY'S OF VIRGINIA BEACH [Applicant] STEPHEN YUEN YEE FAMILY, LLC [Property Owner] Special Exception for Alternative Compliance (Recurring Outdoor Events) for the property located at 2914 Pacific Avenue (GPIN 2428013605). COUNCIL DISTRICT — BEACH MEETING DATE: December 7, 2021 • Background: On October 19, 2021 , the City Council deferred this application to the December 7, 2021 meeting in order to provide additional time for consideration of noise abatement related to concerns raised by a nearby property owner. Since that meeting, the applicant has hired an attorney who has provided modifications to two conditions, Conditions 1 and 4, that clarify and specify details related to the effort to keep noise to a minimum. Those changes are depicted below with underlined text. In 2020, Murphy's of Virginia Beach (Murphy's) converted a portion of the parking lot into a temporary outdoor dining area due to the Covid-19 pandemic. Now, the restaurant proposes to convert a portion of the parking lot into a permanent outdoor dining area with new proposed uses such as yard games, music, and a stage to host outdoor events on the property. The applicant received a building permit to construct the dining area on July 22, 2021 . However, they require Alternative Compliance to incorporate recurring outdoor events on the site. The applicant proposes to host a variety of additional unique, temporary but often recurring events. The outdoor space will also include outdoor dining, yard games, fundraisers for local nonprofit organizations as well as a 200 square foot stage for live music, movie nights, and sporting event watch parties. Individually, these uses could be considered accessory to the primary indoor eating and drinking establishment. However, considered together, the expanded size and frequency of events is beyond what can be considered accessory, and requires an Alternative Compliance application to proceed. The outdoor area will be enclosed with an iron and stone railing to match the materials used for the existing outdoor seating area on the site. • Considerations: Construction of an open space with outdoor seating, yard games, and a performance stage can help activate the street, and the proposed landscaping improvements support the priorities of beautification, placemaking, and creation of Murphy's of Virginia Beach Page 2 of 4 a sense of arrival and welcome to the Resort Area. The following measures have been proposed to dampen noise that could be generated by the outdoor activities onsite. The performance area with a stage will be moved from its current location facing the apartment and townhouse residences on 30th Street and face southeast towards the Boardwalk, away from these residences. Additionally, the applicant proposes to enclose the stage with a permanent eight-foot tall wall that is to be soundproofed with acoustic foam paneling, at a location that will not block sightlines for pedestrians or vehicles entering and exiting the site. The unique activities proposed at Murphy's (live music, movie screenings, non-profit events, sporting events) along with its location in the Laskin Gateway area lends to the creation of a memorable and successful place, even during the off-season, supporting the goal to be a year-round destination. To ensure that the residential uses to the west of the property are not negatively affected by the new activities onsite, the Planning Commission recommended approval but subject to an additional condition (Condition 10) that limits the number of special events on the site to 15 per year. The additional condition is indicated by underlined text noted below. At the City Council Workshop on September 28, 2021 , Council requested information regarding the soundproofing materials for the proposed stage walls. The proposed walls are eight (8) inches thick and filled with grout, providing a Sound Transmission Class (STC) rating of 55, which blocks approximately 55 decibels from transmitting through the partition and reduces sound by more than 78%. A reinforced sound barrier with an additional STC rating of 26 will also be applied interior to the eight-inch walls. The technical data sheet and charts indicating the estimated STC Ratings and sound reduction for the proposed walls are attached. After this item was deferred by City Council on October 19, Staff worked with the applicant to update conditions to require the stage to face southeast, away from the residential uses in the area, and also require that the stage walls provide multiple sound attenuation features. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received six letters of support from surrounding properties owners for this request. Two speakers were present in opposition at the Planning Commission public hearing. The first speaker represented the owner of an adjacent apartment complex and noted concerns about the potential for excessive noise being generated by the proposed activities. The second speaker was the owner of the apartments and indicated that from time-to-time he has received noise complaints from his tenants. Despite this, the Planning Commission voted 10-0 to recommend approval recommending condition ten listed below to limit the number of outdoor events per year to 15, which is noted below by underline text. • Recommendation: On September 8, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. Murphy's of Virginia Beach Page 3 of 4 1. The Applicant shall orient the stage to face southeast, away from residential uses and all AEI new, permanent structures shall substantially conform to the renderings depicted in "Murphy' Outdoor Exhibit," dated August 27, 2021, by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. No amplified music shall be permitted outdoors between the hours of 11:00 p.m. and 10:00 a.m. 3. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. 4. The stage walls shall incorporate multiple sound attenuation features including eight-inch thick, grout filled CMU walls; a stucco insulation system; and a reinforced sound barrier in an effort to mitigate sound from activities on the site and to be in compliance with the standards in Chapter 23, Article II of the City Code. The height of the stage walls shall not exceed eight (8) feet and shall be soundproofed with acoustic foam paneling. 5. A parking validation agreement for at least thirteen (13) parking spaces shall be maintained at the 31st Street Parking Garage with Republic Parking System or in a location as approved by the Zoning Administrator. 6. An off-site parking agreement for at least fifteen (15) parking spaces shall be maintained at the "Parking Parcel" indicated in the attached agreement. The applicant shall be responsible for maintaining this agreement, or provide 15 parking spaces in another location as approved by the Zoning Administrator. 7. A minimum of 10 bicycle parking spaces shall be provided on site. 8. Landscaping shall substantially conform to the renderings depicted in the "Murphy's Outdoor Dining Landscape Plan," dated August 6, 2021, by Winn, Winn &Associates, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 9. Four (4) replacement London Plane trees or large street trees of a species acceptable to the DSC Landscape Architect shall be planted in the verge between the sidewalk and 30th Street. The trees shall be placed in conformance with the "Planting Plan, 30th Street," dated December 14, 2005 by WPL, which is on file with the City of Virginia Beach Department of Public Works and Engineering Division and is shown on page 16 of this report. The trees shall have a minimum caliper of 2 '/2" at breast height at the time of planting. Murphy's of Virginia Beach Page 4 of 4 10.The maximum number of special events permitted on site each year shall be 15. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (6) Estimated STC Ratings for CMU Walls STC Sound Reduction Chart Technical Data Sheet for AudioSeal Reinforced Sound Barrier Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Murphy's of Virginia Beach, Murphy's Irish Pub Agenda Item Property Owner Stephen Yuen Yee Family, LLC Planning Commission Public Hearing September 8, 2021 City Council Election District Beach Virginia Beach Request Alternative Compliance (Recurring Outdoor Events) , Staff Recommendation 4 Ha Q „s"' Approval to ',ts„,Street r �t Staff Planner A°w, Hank Morrison o4,`, I 3 Location WSMM la e 2914 Pacific Avenue a ,29l""�,;% GPIN a ; o 2428013605 d Site Size �' '��- _so"et 26,884 square feet r°� 26thstr. ,•,.. Veil' 1 AICUZ „.5„., Hat15t`eet 65 70 dB D N L ;t ,,st,.+�� Watershed _. Chesapeake Bay Existing Land Use and Zoning District a Eating and drinking establishment/OR Oceanfront Resort iiir. . ' \.`- = igr;r., ✓ Surrounding Land Uses and Zoning Districts `"~ '� ;,•. ;'�. '. ' - " _ e` �' "`,• - North V gii 0!-- , 30th Street Eating and drinking establishment /OR ;ti i \ _ „x. Oceanfront Resort t----'1--- ,� ` +l _, , pro South r ': ''„ 1 '"� ', 9 _ - b Commercial parking lot, single family dwelling/ •- , r _ u� tt" �� . - 29th 5,1,., an OR Oceanfront Resort - t >^ aa, ,ea ? t East .- .�-;x .___4** ; .,r , l '`I Pacific Avenue , , ilk, ►t TIN '` �, r 1 s t- 1 Commercial parking lot/OR Oceanfront Resort ,'' ' •+ -r► West Retail,townhouses/OR Oceanfront Resort Murphy's of Virginia Beach Agenda Item 11 Page 1 Background & Summary of Proposal • This subject property is home to Murphy's Irish Pub(Murphy's), a restaurant at the oceanfront in the resort area providing dining and outdoor entertainment. In 2020, like many restaurants, Murphy's converted a portion of the parking lot into a temporary outdoor dining area due to the Covid-19 pandemic. Now,the restaurant is converting a portion of the parking lot into a permanent outdoor dining area,with new proposed uses such as yard games, music,and a stage to host outdoor events on the property.The applicant received a building permit to construct the dining area on July 22, 2021. However,they require Alternative Compliance to incorporate recurring outdoor events on the site. Uses • In addition to the outdoor music that occurs at Murphy's,the applicant proposes to host a variety of additional unique,temporary but often recurring events, such as movie nights,sporting event watch parties,yard games,and fundraisers for local nonprofit organizations. Individually,these uses could be considered accessory to the primary indoor eating and drinking establishment. However, considered together,the expanded size and frequency of events is beyond what can be considered accessory,and require an Alternative Compliance application to proceed. Structures and Site Layout • The outdoor area will be enclosed with an iron and stone railing to match the materials used for the existing outdoor seating area on the site.The new outdoor space will include outdoor dining and yard games,as well as a 200 square foot stage for live music, movie screenings,sporting events,and nonprofit events. • The following measures have been proposed to dampen noise that could be generated by the outdoor activities onsite:the performance area will be moved from its current location facing the apartment and townhouse residences on 30th Street. The new stage will be facing southeast,away from the apartment and townhouse residences on 30th Street,toward the boardwalk.Additionally,the applicant proposes to enclose the stage with a permanent eight-foot tall wall that is to be soundproofed with acoustic foam paneling, at a location that will not block sightlines for pedestrians or vehicles entering and exiting the site. • New trees and shrubs are planned to be installed interior to the site,and four new street trees will be installed along 30th Street,which will aid in upgrading the aesthetics of the property Parking • Utilizing a combination of on-site and off-site parking,a common practice in the Oceanfront Resort district,the applicant meets the required number of 61 parking spaces mandated by the Zoning Ordinance. • To develop the site as proposed, eight (8) parking spaces would be removed, leaving 33 on-site spaces available for patrons. • To meet the remaining parking requirement,the applicant has entered into a five-year off-site parking agreement for 15 parking spaces in the adjacent lot to the west.This agreement will need to be updated for continued compliance,or the applicant will be required to provide 15 spaces at a different location approved by the Zoning Administrator. • Additionally,the applicant has an active monthly Parking Validation Agreement for 13 overflow spaces inside the 315t Street Parking Garage,for a total of 61 parking spaces. • According to Traffic Engineering,the new outdoor area is not likely to generate a significant amount of increased traffic. Murphy's of Virginia Beach Agenda Item 11 Page 2 t} a v 1 Ca 1, 0. jJ � Y_ r :, r -, ;: ( C Zoning History 1 # Request ,� '0"'�� 1 ALT(Alternative Compliance)Approved 05/18/2018 ; � s 2 ALT(Alternative Compliance)Approved 06/20/2017 Ailkt -__ 3 CRZ(RT-3.A-36,A-12 to Conditional RT-3)Approved ILV la 05/09/2006 20.- • • 1. OR , �` 3 °- _S 's • ,I C :aC - prpplication Types 1 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Oceanfront Resort District Form-Based Code(ORD FBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030) but do not follow the"prescribed form"as written. Section 7.3.3 of the FBC provides the'Review Standards'for these applications, noting that the City Council"shall consider the extent to which the proposed development,taken as a whole,"satisfies these standards. Each of these standards is listed below,with a Staff comment pertaining to the degree to which the proposal meets each. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code,and specifically,the extent to which the proposed development: • Promotes modes of transportation other than the automobile,including walking and transit.Staff Comments: The site is located on southwest corner of 30th Street and Pacific Avenue, both of which are designated as "Gateway"streets by the Form-Based Code. While there is a higher volume of traffic on these streets, the area still offers accommodations for pedestrians. The proximity to the Boardwalk, along with the new amenities proposed on this site promote alternative forms of transportation like walking, biking, or use of other micromobility devices. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians.Staff Comments: The open layout of the site provides visibility to the activities on the site to add interest without overwhelming the public realm. Construction of an open space with outdoor seating, yard games, and a performance stage can help activate the street, and the proposed landscaping improvements supports the priorities of beautification,placemaking, and creation of sense of arrival and welcome to the Resort Area. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place.Staff Comments: The unique activities proposed at Murphy's(live music, movie screenings, non-profit events, sporting events)along with its location in the Laskin Gateway area lends to the Murphy's of Virginia Beach Agenda Item 11 Page 3 creation of a memorable and successful place, even during the off-season, supporting the goal to be a year-round destination. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Sec. 2.1 of this code.Staff Comments:Appropriately, the outdoor seating area is located along 30th Street, a Gateway frontage street type. To accommodate the pedestrian nature of this street frontage, there will be two new access points to the restaurant—one from the 30th Street sidewalk and a second facing the parking area. • Is physically and functionally integrated with the built environment in which it is located.Staff Comments: The uses and structures on the site are well-suited in the Resort District. • Advances the goals and objectives of the parking strategy for the District.Staff Comments:As stated above, the outdoor nature of the proposed activities at Murphy's promote walking and biking. While eight on-site parking spaces will be removed to develop this area, the establishment will maintain the same total number of parking spaces with an Off-Site Parking Agreement and a Parking Validation Agreement in the 31"Street Garage.A copy of the agreements are shown on page 10 of this Staff report. Furthermore, as only eight new dining tables are proposed staff does not believe the proposed additional seating would translate into the need for additional parking spaces.Any additional new trips are likely outside the hours of the morning and afternoon peak traffic periods. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated.Staff Comments: There is potential for noise to be generated by the outdoor activity at Murphy's. This is appropriate for the Oceanfront Resort Area;however, due to the residences to the west of the site, a condition is recommended to prohibit amplified music after 11:00 p.m. The proposed stage will be placed facing southeast, away from the residential uses on 30t`'Street, and eight foot tall acoustic paneling will be installed around the stage to absorb and dampen noise. Staff is supportive of the proposal as it will activate and beautify the street while maintaining compatibility with the established character of the Oceanfront Resort Area. Based on the conclusion that the proposed uses and associated structures satisfy the standards above to the greatest extent possible,Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, subject to the conditions below. Recommended Conditions 1. All new, permanent structures shall substantially conform to the renderings depicted in "Murphy' Outdoor Exhibit," dated August 27,2021, by WPL,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. No amplified music shall be permitted outdoors between the hours of 11:00 p.m.and 10:00 a.m. 3. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, lighting,or overflow parking. 4. The height of the stage walls shall not exceed eight(8)feet and shall be soundproofed with acoustic foam paneling. 5. A parking validation agreement for at least eight thirteen (13) parking spaces shall be maintained at the 31st Street Parking Garage with Republic Parking System or in a location as approved by the Zoning Administrator. Murphy's of Virginia Beach Agenda Item 11 Page 4 6. An off-site parking agreement for at least fifteen (15) parking spaces shall be maintained at the"Parking Parcel" indicated in the attached agreement.The applicant shall be responsible for maintaining this agreement,or provide 15 parking spaces in another location as approved by the Zoning Administrator. 7. A minimum of 10 bicycle parking spaces shall be provided on site. 8. Landscaping shall substantially conform to the renderings depicted in the"Murphy's Outdoor Dining Landscape Plan,"dated August 6, 2021, by Winn,Winn&Associates,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 9. Four(4) replacement London Plane trees or large street trees of a species acceptable to the DSC Landscape Architect shall be planted in the verge between the sidewalk and 30th Street.The trees shall be placed in conformance with the"Planting Plan,30th Street," dated December 14,2005 by WPL,which is on file with the City of Virginia Beach Department of Public Works and Engineering Division and is shown on page 16 of this report.The trees shall have a minimum caliper of 2%"at breast height at the time of planting. 10.The maximum number of special events permitted on site each year shall be 15. 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 subject property is located within the Resort Strategic Growth Area (SGA),which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities, and a variety of civic, commercial, artistic, and ethnically diverse areas. The Resort Area Strategic Action Plan (RASAP) 2030 serves as the master plan for the Resort SGA, and it identifies four sub-districts for their own distinct characteristics and are key to diversifying the Resort Area.The subject area is located within the Laskin Gateway district,which is a key connection point for North End businesses and neighborhoods and the Hilltop commercial area to the west.The RASAP 2030 set priorities for adopting best practices for beautification, placemaking,wayfinding,events and programming, incentive programs, and infrastructure improvements.The Plan also prioritizes the need to create a sense of arrival and welcome into the Resort Area and the need to achieve the goal of a year-round resort. The request for alternative compliance to construct an open space with outdoor seating, yard games, and performance stage can provide street activation, as well as façade and street improvements that supports in achieving the priorities of beautification, placemaking, and creation of sense of arrival and welcome to the Resort Area. Murphy's of Virginia Beach Agenda Item 11 Page 5 Natural & 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 Pacific Avenue 21,400 ADT' 25,100 ADT (LOS 3"D") Proposed Land Use: No change anticipated 30th Street 4,200 ADT' 16,350 ADT 1(LOS 3"D") 'Average Daily Trips 2 as defined by a 4,463 sf 3 LOS=Level of Service restaurant Public Utility Impacts Water The site currently connects to City water. The existing 5/8" domestic meter may be used or upgraded to accommodate the proposed development. If a plumbing permit is required,the water meter size will be evaluated by Public Utilities prior to the permit issuance. Depending on the number/type of fixtures existing and proposed,the water meter and water service line may need to be upgraded by the property owner. Sewer The site currently connects to City water. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 22, 2021 and August 29, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 23, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 2, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. Murphy's of Virginia Beach Agenda Item 11 Page 6 • 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 November 22,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 3,2021. Murphy's of Virginia Beach Agenda Item 11 Page 7 Proposed Site Layout . 77 - lEFt1 o� C� I ift E f TB WI gi . ''' '+ (> : !* :. 'l+ ss •.. .. o I. _J I •I F1 I .. / le- . _I t .i 4 1 I ' ' 1 c'N.. /-ti avO\\N„..,.....____ INC -f I 1 i 'I ti.) 1 I I I I 1. / ir\ ir , , Murphy's of Virginia Beach Agenda Item 11 Page 8 c rn V ,--I N co N E bD co N d ro y as 'E 2 L _> on O Q N SNOI1VA313 39ti1S lb'flldl)NO) dOOalflO Q 2 NOLLVA313 ilV3M u 1O- C i r.._. r K woo. 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C 6-8aC _ =II qgtr I 3 /` 1!2 a c, I >. -18-6:, % I i -� �'Pl3.4 V OYd �b�- : klg i I I g i! i 1 I ;11 d VRyKg6 : �a9 J tit , !. .-�A © k' g g S 4 �"� r !'f ill m . . �� I T —r i ' � �� gF so K S ji ` y ` f J p 0. . . n › R 144 , / j Y- � n 1 Fm g- ; 3111 , G y N!1 i ign • -r- {tom , R.` , Jo,f�.5-mZ '' ,, j ° Ippi ' 1:_yr— T I 1 -L.---il 1 0 ' "' - C14-? lkiii- 4_2 ___..,,,.... .)._7„,i1, ot .,—, , , , ....., ?:4w,s5sE i . ,_ im ..,. „ ; , 1 i ---...„.._ - c i i t >i> a Murphy's of Virginia Beach Agenda Item 11 Page 11 Off-Site Parking Agreement GPIN 24280126570000(Restaurant Parcel) GPIN:24280116220000(Parking Parcel) EXTENSION TO OFF-SITE PARKING AGREEMENT This Extension of Off-Site Parking Agreement,dated this 1st day of March,2021. is by and between Stephen Yuen Yee Family LLC. a Virginia limited liability company (herein referred to as"Parking Parcel Owner')[indexed as Grantor),and Stephen Yuen Yee Family LLC. a Virginia limited liability company herein referred to as"Restaurant Parcel Owner')[indexed as Grantee]. Recitals A. Restaurant Parcel Owner is the owner of that certain parcel of land, with the improvements thereon located at the southwest intersection of Pacific Avenue and 30th Street in the City Virginia Beach and known by brief legai description as"Lots 29, 30 31 & 25, 26, 27 & 28, Block 99' (GPIN. 24280126570000) and hereinafter referred to as the''Restaurant Parcel.- B. Parking Parcel Owner is the owner of that certain parcel of land.with the improvements thereon, located on the south side of 30th Street between Pacific Avenue and Arctic Avenue ui the City of Virginia Beach and known by brief legal description as 'the western 10 feet of Lot 33, all of lot 34 and the eastern 20 feet of Lot 35. Block 99" (24280116220000)and hereinafter referred to as the"Parking Parcel" C. Parking Parcel Owner and Restaurant Parcel Owner entered into an Off-Site Parking Agreement dated February 8, 2016 for an initial term of Five (5) Years (the "Tenn"), commencing March 1. 2016, which agreement was duly notarized,endorsed by the City and recorded with the Circuit Court Clerks Office, a copy of which is attached hereto as Exhibit A. D. Restaurant Parcel Owner had requested Parking Parcel Owner to permit Restaurant Parcel Owner its lessees and assigns to continue to use as a remote facility for off-site parking.in accordance with the provisions of Section 6 2 a portion of the Parking Parcel and Parking Parcel Owner had consented to such use and the parties, by execution of the original Off-Site Parking Agreement. desired to memorialize the terms of that permitted use Murphy's of Virginia Beach Agenda Item 11 Page 12 Off-Site Parking Agreement F. Restaurant Parcel Owner and Parking Parcel Owner hereby desire to extend such Off-Site Parking Agreement for an additional term of Five (5) Years commencing March 1, 2021 (the "Extension Term"). with all provisions contained therein hereby ratified and affirmed Agreement Now.therefore,for and in consideration of the mutual promises herein contained the parties,each intending to be legally bound,agree as follows 1 Parking Parcel Owner continues to grant to Restaurant Parcel Owner and Restaurant Parcel Owner accepts the grant from Parking Parcel Owner of the continued right to use a portion of the Parking Parcel for the sole and exclusive purpose of providing for off site parking from the Restaurant Parcel for ten '10) vehicles,with the addition, beginning March 1,2021,of off-site parking for five(5) additional vehicles(the"Parking Spaces")for a total of 15 Parking Spaces. 2 This Extension to Off Site Parking Agreement shall be for an extended term of Five (5)Years(the"Extension Term"),commencing March 1.2021 3. If the existence of any of the required parking spaces is not maintained or other parking spaces acceptable to the Director of the Department of Planning & Community Development of the City (the`Planning Director I substituted, the use or portion of the use of the property as is deficient in number of required parking spaces shall be discontinued until such time as replacement parking spaces satisfying the parking requirements under the Zoning Ordinance. 4. Restaurant Parcel Owner shall use and occupy the Parking Parcel in full compliance with the provisions of the City Code and accepts full responsibility for compliance therewith 6. the parties agree to execute such other documents as may be required or appropriate to evidence the grant of use of the Parking Spaces SIGNATURE PAGES FOLLOW Murphy's of Virginia Beach Agenda Item 11 Page 13 Off-Site Parking Agreement SIGNATURE PAGE EXTENSION TO OFF SITE PARKING AGREEMENT In Witness Whereof, the parties hereto have caused this Off Site Parking Agreement to he executed as of the date set forth above Restaurant Parcel Owner: Stephen Yuen Yee Family LLC, By: I Loi/ (44ILI,`h Stephanie Kim Yee Managing Member Parking Parcel Owner Stephen Yuen Yee Family LLC, fly Akit(At“-iit(ee-- -+-- Stephanie Kim Yee. Managing Member Murphy's of Virginia Beach Agenda Item 11 Page 14 Parking Validation Agreement 209 30th Street REousi. Virginia Beach,VA 23451 PARKING 757-428 2072 VALIDATION ACCOUNT AGREEMENT REUUESTE0 Murphy's Irish Pub April 29,2021 LOCJ11YQN 209 30th Street(31st St Garage) Mia Drummond CITY stror Lip ''ELEPHONr Virginia Beach VA 23451 757.428.2072 Validation Agreement By submittal of this form the party below requests the set up of a charged validation account with Republic Parking System. If accepted, we authorize Republic Parking System to accept all validated machine-issued tickets from our customers as payment of parking charges. We agree to be responsible for reimbursement to Republic Parking System of all parking validation charges created with our validation portal. Republic Parking System will invoice us by the 5th day of every month for all charges incurred for the previous month. We agree to reimburse Republic Parking System within 10 days from receipt of the invoice. All balances over 30 days will accrue interest at ten percent(10%) annually. Terms.This agreement shall commence on the date above and shall continue thereafter from month to month unless either party gives a 30 day written notice of non-renewal.Republic Parking may terminate this agreement immediate upon written notice to the tenant in the event that(i)tenant breaches any provision of the agreement. (li)The owner of the facility request the agreement to be terminated regardless of reason.(Ili)Republics underlying Rotes.The validated parking rates to be charged to the tenant during this agreement will be the same daily parking rates charged to the general public at the facility,as may be changed from time to time without tenant approval. Murphy's Irish Pub has agreed to pay up to 2 hours for patrons with Murphy's validated coupon.The patron will be responsible for the remaining fee. We understand that Republic Parking System will provide sufficient details necessary to ensure we are paying for Our validations only, and we further understand that it is necessary to return any and all original validation coupons to Republic Parking for audit purposes,once we have verified the billing information is correct. Validator Detail CO,.tPAr r AUrirOr1iZED REPRESEr'TATivE lint Murphy's Irish Pub 2914 Ann Mooney Owner Pacific Avenue CITY SATE liP rEEEPNOnt 1.1Ait Virginia Seed'VA 23451 202-460-9205 tcrimy artio cEm S1G%v E DAOE 1 ' April 29,zoz+ Murphy's of Virginia Beach Agenda Item 11 Page 15 Planting Plan mut,-n„ -,rete,. v." 1tgedmri1_ y x- _61i-" 1 +Ib2 a "10130SS0 3 00110'IOUm �Ti 'r+I r l4 -1 o J ro `,L ff hJ 1-1W ' i NV1d 3dVDSONV1 iW 1 s s J 01 yp I :P4 44 ti 1 n, II 2••• A Cr 1 1 }}** I 1!*lii 6 4.1h) 1 A • S 4 1 4 k E ii i gL` + ii 0!ti - !iiilhI ' € i3cy. i f§Ifi all##i)1='t as Murphy's of Virginia Beach Agenda Item 11 Page 16 W 0 3- VI r+ 1 fD fD E.+ 13 G1 cna- JI rii "t:1_ t u.r { r-n I .we.. r-, - , q L ti ,. .., . N-,, Zr,.'w I I .wy \ .; ,me<ww,n„m. I 3 0 T H 8 T R _._ �.. �..... t , • �oYare,�m.1 It d JJ l I rv0,, PUM7.16 Ft..jr0Ff.APE, 1..(' 'wary,.: "140.9441. of,M 2-0,4 C r_M Of'ARON.EFaCM OF44E14104t OF PIIUC NCty. 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I"C:. `' i a'. ..,.. lei-'''. telp,*,.• , 4,..**, ::1;c:V .1, ,..- •--'-‘1 41&I' ii,11‘. ' 4k, 't 4. I,Iii.0; 6 r 4,',2 Nfili't‘ ,. , . ,,,, .,0,1%. .r.,-/p • 4'..j' '49 41111v,st • :., ". •Akvigo." ,44- ,,, ,s4*•.,'NpALb tr. *.ilt" •,,74, .t.40.41- —.1,:t 1-:. ......,•:„. ,i;;; .-, ,,,t, .. -,&,146,464,11.1 -,-2 . .-: . mlerAlf,,,iti.,•.„. ; ; . Ilib"Svatill''' ''. • .'' A, Murphy's of Virginia Beach Agenda Item 11 Page 18 Site Photos :--,. .. ....a --: 'Lik;gr, 7.:',..,-j ii73..prAturan, " -- .47:717: r 1. ------' .i,:,4 ,, - • -_ Pm..! • - .... :,1...., . - - 0- ....,-..•_,-4.--- .. ... • .. • Km • .. -..,„. . 3. ... --7—.'_.:. ",- --• —— ' '' "-: :-. -,--3:'!;-:'--":'*--.:. •.'-: T. '.":CI.*- '.T.,'.i..,‘ 3::. - - . - • --. :.-.:.:--, ''' :':':",,,:`,';'-,7:::." 7.'f, :. c;".';'-. -, : ', . : _‘,...,,,._ ,s,.. 1',-4::',,,L--.,-.:,-"-.-7,_ - -'- -' ,•_'--4,'- : ' '- 4,--:...,..n,-.•"_'- ;••A4'-'" -.-,,,, .e.,,,,,• _ . 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'!."--7 ..„,,,,,, . , .--:,!..,..':::;-;f',3,.--ilL',3'.';' ;-- •,.„ 4Z14f3.4 ,-"*. . , ' iti•.. --_ . :•:4%.----- ,..43 A.,z,,,,tez4 - .',_1'.ts--n:,:-•' , 's-*-;71:-7''.'-':* 7 Murphy's of Virginia Beach Agenda Item 11 Page 19 Disclosure Statement Disclosure Statement the discioswes contained in th's form air necessary to inform whit,officials who may vote on the application as to whether they have a conflict of interest under Virginia taw The completion and submission of the form is required for all applications that pertain to City real estate matters or to(he development avid/or use of property us the(.dy of Virginia beach requiring action by the city Courted of a City board,commtssson or other body Applicant Otscfostieg Applicant Name 01 v 1 )11 c 1 Y 1 pp to I3 c.'ClCJL Does the applicant have a representative? Yes El No • It yes let thee(Iname of the reverse statism Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?r,Yes 0 No • if yes list the names of all officers,brectons,members,trustees,etc below (Attach a list it necessary) 1 nfl J • it yes.Mt the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant f Attach a list if necessary) f arent subsidiary relationship'means'a relationship that exists when one corporation directly or rndirettly owns shares possessing more than SO percent of the voting power of another corporanon' See State and local Government Conflict of Interests Act,VA Code 2 2-3101 •-affiliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when II one business entity has a controlling ownership interest m the other business entity,(i)a controlling owner in one entity n also a controlling owner in the other entity,in fin)there is shared management or control between the business'Mitres Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person ce substantrafty the sarise 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 shore activities,resources Of personnel on a regular base;or there is otherwise a dsse working relationship between the entities."See State and local Government Confls of intcre,ts Act Va Code 2 2-3101. 11 Murphy's of Virginia Beach Agenda Item 11 Page 20 Disclosure Statement Disclosure Statement VB Planning 8z Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Be h have an interest in the subject land or any proposed developrc a it contingent on the ss.bject public action%0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any Pxisting financing(mortgage,deeds of trust,cross-coil fixation,etc)or are they considering any financing-n connertion witF the subject of the applicat,ori or any ,br.r.i•icss operating or to be ope'atea on the properly? El Yes No • If yes,identify the financial institutions providing the service. 2. Does the.;no- ant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes No • i,yes,ide l iF,the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating nr tc:be operated on the property?v71 Yes 0 No • If yes,identify the firm and individual providingthe service. cm ACC - - V Itc. .\c__I,icri . _. _ 4. Does the applicant have services from an architect/landscape architect/land plannert provided in connection with the subject of the application or any business operating or to be operated on the property?e,l Yes 0 No • if yes,identify the firm and individual providing the service. /` . __ —rvViv Desk 11 e ICJiriti NarSer of Urt9I iic 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I .-• Murphy's of Virginia Beach Agenda Item 11 Page 21 Disclosure Statement Disclosure Statement Ii , .-r a applicant have a construction contractor in conner Lion with the s of the application or any btnmess uperatu-or to be operated on the plop*ita? Yes U No • If ye;identify the company and rndmduat providing the service y / R- i:- t:J✓.al�t= f(rs C_'f- /li`ctiroc. t)C_. �n It�,_ ,r ' - 7. On et the applicant have an engInetr/wrveyror/agent in connection with the object of the application or any business operating on to be coveted on the property r 0 Yes c'No • tf yes,identify the hrm and mdredual providing the sconce. 8. Is the applicant receiving legal services in connection with the subject of the application or any ixn+ness operating a tube open aced on the property'MI Yes 0 No • If yes,identity the firm and inch-wheal providing the service Aooiifant Siertature I ecru-iv that all of the information contained in this Disclosure Statement form is complete,true,and accurate-I understand that upon rece;pt of notificatrcm that the aptd+cate n has been scheduled for pulle.hearing lam recpons ale for updating the information provided herein two weeks prior to the meeting of Planning Commission.City Council,VSI)A,CBPA.Wetlands Roane or any public body or committee in connection with this application. Applicant Suture ( �Jt.�.'-- 4 %ant f Zf}Lit` , f)it�:Sia L11-1 Print Name and Title - t)ate property? t-�Is the applicant also the owner of the subject r i 0 Yes C1]No • If yes.you do not need to fill out the owner disclosure a statement fOR CITY USE MC t/All inutosurei-. i ct be vpder en two(2)weeks prior to an•y Planning Commistiolr and Orly Counci meeting that pertain in the appbratrnns �, -- `" It •ra.,r.,.w,.,a nD." °• 111/17/202 'r*.t • r '!L_ M N•� Hank Morrison 3t Murphy's of Virginia Beach Agenda Item 11 Page 22 Disclosure Statement Disclosure Statement113 Planning&Community De lopmenl Owner Disclosure �/ L Owner Name S4cp kr. Yl1Cn' ce /(iMi 11 y 1(C Applicant Name a 4C �Ys a �1fjrNtl� C 4 h the Owner a corporation.pectnership,flint,business,trust or an unincorporated business) .i Yes ❑No • if Ma,kg the names of all offerors,dwectas-members trustees.etc below (Attach 3110 d necesuai cpl,w,+L t_ tcC f I3ltitiher _-- RILk old k. Kcc Menhci • if yes hat the businesses that have a parent-suLsdury'a,affirated business entity'relationship with the Owner 1Attsch a t st r'necessary) /ti Known Interest br Vublit Offs ial or Emflltme Does ar official or employee of the Cny of Vqf a kids have an interest in the tubed land of any proposed de.etopesent ort.rgent on the subject pudic attioni❑Yes tii64o • 'f a.m.wnat o the name o1 the off:cul a employee and what r,the nature of the Interest? "parent-subsdrary relationship'means'a relationship Mat costs when one corporation directly or indirectly owns scares possesvry more than SO percent of the saute power of another corporator'See State and local Government Conflict of Interests Act VA Code 4 2 2 3101 'Afhbat►d Dasmess entity reletionshea'means'a reW,anship other Chas parentsubsidiarY felatnnsfIp.that cults when Ir)ore business entity has a tontrohme owne'slvp;Merest in the other business entity(i)a contrail ere owner in Mine entity it also a contfoil-owner,n the Other entity,a b"l there is shared mara`ement o+control between the business mates factors that mould be con,.eered m deteresn,ne the edstence or an off used busmesc entary retat'onsh p include that the we person o- substantially the saute person own or manage the two Mites there are conrror or commingled fords a assets the bus-nest emitter share the the d the same dines a employees o•cunene,te shire actrvit,e%resources a pefsonnet on a regular basis or there rs otherwise a cote sunning reauench,p betweer the ent t es`See State and total Government Confiirt of lnlerejU fit.ha Gale 4223101 SI Murphy's of Virginia Beach Agenda Item 11 Page 23 Disclosure Statement Disclosure Statement \B .. --„ f'4tn lull fit('unutx►nit} Development ".....:,..,:,>,,-- Owner Services Disclosure 1 Does the Owmet have any existing financing[mortgage,dssdt of Cant,CASs todatieabzation,*Wee ye thee cax deetnR m twinpl%in connection w+',n the suh,ect of t-.e a{p it,on or any butrtst opt rat1r.g c+to be operated on the property' ❑Yes )(No • oyes,identify the finance:institutions providing the serv,ce I Does the Owrter have a neonate broker/agent/manes for current and antic.oated future sates of the tubtect p'0perty) D Yes 'No • It yes.,dentdy the compare and mdtndwl provda+g the seryrce 3 Does the Owner have services for accounting and/or preparation of tax Mums peoy conrethon wnh the subject of the te apcbcahon o•any beaness opeeatw(or to be nonrated en the p-o-perty/❑Yes No • d yet,+de ttity the Mn and individual prondng the service d Does the Owner have seM1Kes hor a-architect/landscape architect/land planner evoinded onnect,cn with the/,bier of the apoheat or or any bus,ness opranng or to be operated on the property/❑Yes No • ti yet,identify the tam and individual prond:rd the senate S h then any other pond,nt or proposed purchase,at the wbfect prpperfy'❑Yes QITIO • tt yes,identify the pu,:haser and mech.]sets service ororrders 6 Does the Owner have a constructsen contractor connection with the subject of the appbcatan or any buuness op nut%or to be operated on the property?0 Yes No • If yes,rdenbfy the cornpa'ry and of nndtat provd.rrg the semte ? Does the Owner have an asgmetr/serveyoe/aponnect w sixth the subject of the appbcatron or a rh bususest operating br to t e operated co the property'0 Yes „let a if yes,rdent'fy the firm and ntvdual prowdssg the service I Murphy'/of Virginia Beach Agenda Item 11 Page 24 Disclosure Statement Disclosure Statement NA3 I VP; OE. r I. PP*.±44r-lMA*q.sr IVAr?r►.fee, C*a s.....s.r.y +ffer+,aa'rr+I ire t'••rd ;. -i ttrr N •� 4442,A . C /rv.I4t4J*ir' 4::;40CUAke., . (-(eC A_ 4 V4,S k 3, ?021 Murphy's of Virginia Beach Agenda Item 11 Page 25 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. Murphy's of Virginia Beach Agenda Item 11 Page 26 Virginia Beach Planning Commission September 8, 2021 Public Meeting Agenda Item # 11 Murphy's of Virginia Beach [Applicant] Stephen Yuen Yee Family, LLC [Property Owner] Alternative Compliance 2914 Pacific Avenue RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Welcome, sir. Wait, she's just got to read it in for the record here. Madam Clerk: Our next item is agenda item number 11, which is Murphy's of Virginia Beach, an application for alternative compliance on property located at 2914 Pacific Avenue in the Beach District. Mr. Weiner: Welcome. Mr. Garrington: Thank you, Mr. Chairman, ladies and gentlemen Planning Commission for the record Billy Garrington on behalf of the applicant, the applicant in this case is Mr. Tom Mooney, owner of Murphy's Irish Pub 2914 Pacific Avenue. And, Mr. Chairman, I think there are actually two speakers, not just myself, so okay; Mr. Fine is here in the audience. And I know Mr. Fine for a very long time; have the utmost respect for him. And I think he has some concerns, one of the neighbors to the west of us. So the request we are here in front of you today is for the Alternative Compliance for the recurring outdoor events on this property at 2914 Pacific Avenue. This is the Mooney's restaurant that has had music there for some time since it's been going on and to the best of my knowledge, I don't think there have been any complaints from any of the surrounding properties. Mr. Mooney reached out to all of the businesses that were right adjacent to this before we came up to make sure that none of them had any problems with it. I think he's even supplied to city staff with some letters of support from Atlantic and Pacific and some of the other people but that doesn't mean that we don't have somebody else who's concerned with it and should be because that's people's homes and we want to make sure that we're good neighbors. I think if you look at the staff right up, staff tells you that we have oriented the stage that we are here today to ask for permission for which is these soundproof walls and the roof that goes over top of it.We have oriented toward faces towards the southeast. The residential properties to the west of us that we're trying to protect and make sure that we are not a nuisance to them, and if you also look at the conditions, there are nine conditions in the staff right up, you look at condition number two, this says we cannot have any amplified music permitted between the hours of 11 pm and 10 am. Obviously, we're not going to, but condition number three is really the one that is the catch all, it says the operation shall not disturb the tranquillity of the residential areas or other 1 areas in close proximity or otherwise interfere with a reasonable use, and enjoyment of neighbouring properties by reason of excessive noise,traffic, lighting, or overflow parking. I think that one condition right there very well sums up that we can't be a nuisance to any of the surrounding properties. And if we do, we risk losing our use permit. So, the staff right up the chair in front of you has a total of nine conditions, including those two that I just read to you.We're in total agreement with all those conditions. If you remember, this request was set to be heard last month, and we had to pull it for two reasons. Number one, we had to remove, relocate the stage because there was a problem with the vision triangle,we had to submit our landscaping plan to the resort area advisory committee and get their permission. We did both of those. And we also had a seating area around the fire pit that had about six inches of the back of the seat that was encroaching into the city property that has all been taken care of. We're back in front of you today to ask for your approval of this request. Last but not least, the gentleman who is in opposition to this or who is concerned lives next door to the West, I will promise you and him that I will set up a meeting before we go to city council with him, myself and Mr. Mooney, the two of them should meet personally. And he can get Mr. Mooney's personal cell phone number. So in case there are any problems at night- time, he's not calling to the restaurant and just getting somebody that's blowing him off saying I don't know what you're talking about.You talk directly to the owner, if any problems come up, and I will promise each one of you that I will make that meeting happen before we get to city council. Mr. Weiner: Any questions? Mr. Garrington: Oh, and I will apologize for the fact that they're already under construction out there, as I have explained to you. That is really an oversight of your city staff because the city staff said, look, the stage that you're wanting to build is not what you're asking for the alternative compliance for it's the walls and the roof. And they gave him a permit and told him he could go to work. Mr. Weiner: He keeps saying, I got a question for staff.We were told that there wasn't going to be a roof. Mr. Garrington: It shows right on the plans, but it's only over top of the stage. It's not over the entire seating area. Ms. Oliver: We had thought you were talking about a roof over the whole outdoor area. Mr. Garrington: No, it's just over top of the stage. Mr. Weiner: Okay, okay. Okay. Mr. Garrington: And the maximum height is eight feet. 2 Mr. Weiner: Thank you very much. All right. Madam Clerk: Mr. Chair. I'm only aware of one speaker and call Morris Fine. Mr. Weiner: Welcome sir. Mr. Fine: Ladies and gentlemen. I'm Morris Fine. I'm an attorney. I'm also a developer of sorts. I also represent Mr. Lance Goldner. Mr. Goldner and his family have owned the property to the west for some 35 years on which Mr. Goldner has built 71 apartments in the last seven to eight years. He is very concerned about the noise factor that will arise from this special use by Murphy's. It wasn't this property that he owned was there at the same time a Chinese restaurant was there and then it turned into Murphy's. And Murphy's first was a restaurant Murphy's, then they expanded to the outdoors and have outdoor service. And that was okay. But now we have this potential of noise from an open stage that's going to be built there. And on this stage, there's going to be amplifiers, there's going to be live music, there's going to be movies, there are the activities that we don't know about. And Mr. Goldner is very concerned, that his dance will be affected. Personally, I don't see how they cannot be affected. If somebody wanted to sit on their balcony and go to sleep at 8:30 or 8 o'clock or 9 o'clock at night or have babies, it's going to be affected by this noise. The noise doesn't stop at the property line.The noise is still there when you have a setback. The noise is going to be there forever and that's why there's a requirement that there be a special deviation. It seems to me maybe, I'm talking lawyer talk too much but the burden should be on the special applicant to come before you and say I will not infringe on your freedom from noise. We haven't heard anything from them to say that the noise won't infringe on my client's tenants, I must say that my client did not bargain for bands and live music when he put up his property and I don't think that the Murphy's has shown any reason to get a special exception and I would ask you to vote this down. Thank you. Mr. Weiner: Sir, stand by one second. Does anybody have any questions? I have a question. Has your client received in the past any comments or anything about loud noises or bands playing, bands have been playing out there, acoustic music, for a while now? Mr. Fine: I can't say because I don't know. He's here. Lance. Do you? Have you heard any complaints? Mr. Goldner: Yes sir, I have. Mr. Weiner: Sir, why don't you come up to the podium please. Mr. Goldner: I am Lance Goldner. I'm the property owner of the 71 units. And we have the next day after is when I get the phone calls from the tenants. They hear the music up to 11-12 o'clock at night and Chicho's last week was playing till 2 o'clock in the 3 morning. So it is an ongoing problem. And it vibrates right through the units, the front units. Mr. Wall: You know my question, first thing is okay, so you mentioned Chicho's or is it Murphy's? It's hard to tell. Ms. Oliver: First Ashby, is Ashby here? Ashby quick question on Chicho's, do they have, and I know you might not know this live music and what if they do are they permitted for it?And what is the deal with them with Chicho's? Do you know? Ms. Moss: They don't have some kind of; they don't have this for recurring special events outdoors. But traditionally, restaurants, bars do have live entertainment. And at some point, it's enough if it's outdoors to warrant needing this special exception for recurring events. Another reason this one was a little bit different is because the nature of their events proposed is a broader variety than just bands performing or music performing. So I don't know the frequency. I don't know if zoning has heard complaints or if the police have gotten noise complaints.They should not be having any outdoor music after 11 pm. Ms. Oliver: Might be able to. Mr. Goldner: I was there Saturday night at 11:30 and they had a band outside playing. I called the police and they told me they had to wait for a supervisor and we've got 45 minutes for an hour. Ms. Oliver: And was Murphy's? Mr. Goldner: No, it's Chicho's. Ms. Oliver: Chicho's, so we might Mr. Tajan might see if we can't, maybe delve into that a little bit deeper, see what possibly is going on over there. Mr. Goldner: It's been going on. Mr. Fine: But the problem of policing should not be put on Lance Goldner, and the whole issue of this noise should have been brought in some fashion before you said they're not gonna have any noise. Not just a little bit but not. Mr. Weiner: Understand, Mr. Wall. Mr. Wall: Can you point out your properties? There's a pointer, there's a pointer right here on the podium. Mr. Fine: I have a picture here. 4 Mr. Wall: Those two, that are closer to Chicho's. Mr. Goldner: Well, close to both. There and there. Ms. Oliver: Chicho's is, okay got it, thanks, Ashby, got it. Mr. Weiner: Any other questions? Jack? Mr. Wall: This is not necessarily on the same application, but they talk about, do you have any problem with the noise from? Mr. Goldner: No. Mr. Wall: Okay. Mr. Weiner: Any other questions? Thank you, sir. Mr. Garrington. Mr. Garrington: Mr. Chairman, I'll be brief as I can. This will not be happening at 2 o'clock in the morning, like they're saying, because of the conditions that you have and the staff write up. Mr. Fine says that the onus is upon us to tell you that we're not going to do this.And we have told you that because condition number two,that's one of the conditions that we have agreed to, we will not damage or interfere with the tranquility of the surrounding properties with noise, light, traffic, overflow parking any of that, that's one of the conditions that the staff has put on us, if we don't agree to that condition, our use permit would be null and void, he would have spent a tremendous amount of money for something that he doesn't even have the ability to use anymore. And last but not least, we have told you or we haven't told you, but I'm telling you now that this is only going to be 10 to 15 special events a year, this is not going to be something that's going to be going on out there every night of the year. So he has said that it would be a maximum of 15 events a year. And that's what we're here to ask for your approval for today. Ms. Oliver: If that's the case, Mr.Garrington,then does the number want to be in the conditions of a number of 15? Mr. Garrington: That's fine, I have no problem with it. And last but not least, again, regardless of the outcome today, I will have Mr. Goldner and Mr. Mooney and myself meet personally, so that he can get his phone number, if there are any problems in the future. He knows who to call, to where he can get to the right person on with one phone call without calling over there and getting someone who just doesn't do anything about it.And we apologize for putting you in this position.But this is where we have. Ms. Oliver: One more question for you. 5 Mr. Garrington: Yes ma'am. Ms. Oliver: Live music, define his version of live music, does that include a drum set? Mr. Garrington: I'm sure it probably does it sometime. I mean, I'm not a musician, but. Ms. Oliver: No, I just see how big a band it is. Mr. Garrington: Yeah. But again, the walls are the sound absorbing and the roof also, and I think that's going to be critical to this to make sure that it does absorb as much of the noise as possible, rather than being outside like it has been for the last couple of years that they've been doing. Ms. Oliver: Okay. Mr. Weiner: For the record, I'm going to point out my concern, which doesn't, I know, it has nothing to do with you. It has less to do with what our city did with the permitting. But I don't agree with pulling up on site last week and watching half the stage has already been built and that just sent me wrong way and I didn't like that. And I still don't. But I understand what happened, so it is what it is. We have taken it on. Mr. Garrington: If I will be in our position, I would feel the same way, but again, I just want you to understand that he did what the city told him he could do. Mr. Weiner: I understand. Mr. Garrington: That's where you have to go. Thank you, sir. Ms. Oliver: So we're gonna add that condition of 15. Mr. Garrington: Yes, ma'am. I'll be more than glad to. Ms. Oliver: Thank you. Okay. thank you, sir. Ms. Klein: I have a question for him. Mr. Weiner: Sorry, Mr. Garrington. Okay, thank you sir. Ms. Klein: So if I wanted to have a party at my house, and the noise ordinance is 11 pm to 7 am. Does that mean that as long as the party was done by 11 pm, my neighbors would not have grounds to complain? Mr. Tajan: Bit of a nebulous hole to send me down to be honest. You would not technically be able to violate the noise ordinance, I'll say that. Sorry to give you the Weasley 6 answer and also depending on the number of people is what also triggers the need for a special event permit depending on how many people you have in house. Ms. Klein: But in terms of the noise violation, as long as the party is over by 11? Mr. Tajan: As long as you don't go over, I'm sorry, I'm gonna give you the zoning administrator type answer on this one,as long as you don't go over the decibel level as measured by the ordinance past 11 pm then you would not be in violation. Ms. Klein: Okay. Thank you. Mr. Wall: So you're saying there is a decimal requirement before 11? Mr. Tajan: Tori, You're more familiar with that code section. Ms. Eisenberg: I believe it's after 11. Mr. Tajan: Yes after 11 there is a decibel level that you cannot go over that is measured very specifically. Ms. Klein: So then in response to that,that seems to be the biggest issue right now based on these complaints, you know, and I certainly would want the city to follow up with Chicho's and their noise until 2 am based solely on that, I would be in support of the project. Mr. Weiner: Okay. Mr. Wall. Mr. Wall: So in fact the noise ordinance, so it doesn't, it wouldn't apply prior to 11. Is that what I'm? Ms. Eisenberg: It's also enforced by the police department. So that might be why it's throwing planning staff a little bit of a curveball. So it is enforced by the police department. So if there are noise complaints, it should be the police department that's contacted. Ms. Wall: I mean that's kind of subjective. It's tough to because it's, what is it four feet inside the wall, four feet from the wall, 75 decibels, I can't remember what the decibels are, okay. Mr. Weiner: Anybody else? Mr. Inman: I have a question about the parking arrangement? I'd like to have more detail on it Mr. Garrington. I'm just not clear on how the parking arrangement is made with the city. 7 Mr. Garrington: He has an offsite parking agreement with this 31st street parking garage right across the street that he has to keep in, keep current for 13 parking spaces in that garage next door. Mr. Inman: Are they assigned the spaces? Mr. Garrington: I'm not sure if they're assigned or not, but he has to, there is an agreement that he has with that parking garage for 13 parking spaces. Mr. Inman: Then there will be available? Mr. Garrington: That's correct. Mr. Inman: Alright. Thank you. Mr. Weiner: Any other questions? Comments? Motion? Mr. Redmond. Mr. Redmond: I move approval of the application with the addition of Ms. Oliver's condition limiting the number of events to 15 per year. Ms. Klein: And I will second. Mr. Weiner: I have a motion by Mr. Redmond, and second by Mrs. Klein. Madam Clerk: The vote is open. Mr.Wall. By recorded vote of 10 in favor and zero against agenda item number 11 has been recommended for approval with conditions as amended. Mr. Chair, do you want me to read all four of these together? AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Bradley AYE Coston AYE Graham AYE Horsley . AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 8 1. All new, permanent structures shall substantially conform to the renderings depicted in "Murphy' Outdoor Exhibit," dated August 27, 2021, by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. No amplified music shall be permitted outdoors between the hours of 11:00 p.m. and 10:00 a.m. 3. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. 4. The height of the stage walls shall not exceed eight(8)feet and shall be soundproofed with acoustic foam paneling. 5. A parking validation agreement for at least eight(13) parking spaces shall be maintained at the 31st Street Parking Garage with Republic Parking System or in a location as approved by the Zoning Administrator. 6. An off-site parking agreement for at least fifteen (15) parking spaces shall be maintained at the "Parking Parcel" indicated in the attached agreement. The applicant shall be responsible for maintaining this agreement, or provide 15 parking spaces in another location as approved by the Zoning Administrator. 7. A minimum of 10 bicycle parking spaces shall be provided on site. 8. Landscaping shall substantially conform to the renderings depicted in the "Murphy's Outdoor Dining Landscape Plan," dated August 6, 2021, by Winn, Winn &Associates, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 9. Four(4) replacement London Plane trees or large street trees of a species acceptable to the DSC Landscape Architect shall be planted in the verge between the sidewalk and 30th Street. The trees shall be placed in conformance with the "Planting Plan, 30th Street," dated December 14, 2005 by WPL, which is on file with the City of Virginia Beach Department of Public Works and Engineering Division and is shown on page 16 of this report. The trees shall have a minimum caliper of 2 %" at breast height at the time of planting. Further conditions maybe 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. 9 a Oa?" ,11ear/l` August 5,2021 PRINTING Cal I3;� 111, To whom it may concern. I writing this letter to show my full support for Murphys Irish Pub to create an outdoor event and entertainment venue in front of their establishment. As an established business just down the street from the proposed location I feel that outdoor activities such as these can only improve and enhance the experience and enjoyment of our community. The City of Virginia Beach offers free entertainment and events at its stages along Atlantic Avenue and the oceanfront that greatly increase the appeal of our city as a destination for music fans. If all rules set forth by the city pertaining to quiet hours and sound levels are followed, I can only imagine this will improve the newly named Artery district.The city is working hard to improve our Laskin Road corridor.We applaud Murphys for all their hard work to help this effort. Sincerely, David and Deborah Matthews Owners,Virginia Beach Printing Co. 3000 Baltic Avenue Virginia Beach,Virginia 23451 Tel 757.428.4282 fax 757.491.7871 Q'(1c PA I II :4 4%,•4r•I1 Outdoor Permit Nearing Atnmhv's liar R• Rroaurant \. a hnnn•n''Orr I '1lt,t/„ ai ,,hl \r'4 lhn,c I I ,n V,r(,nia Neilt i C„nn*rt PA„rM1V ' figr and Restaurant request for outdoor venue nermit. ZCId QAa Pin rt Vireinia Beach.VA 23451 • I To whom it may concern. I am writing this letter to show my full support to Murphy's Irish Pub's endeavors to create an outdoor event and entertainment venue in front of their establishment As the only neighbor living directly across the street from the proposed location I feel that outdoor activities such as these can only improve and enhance the experience and enjoyment of the community. These are the such things not different from the free entertainment offer by the city at its stages and events along Atlantic Ave that greatly increase the appeal of our oceanfront as a premier destination for music fans In general on a daily basis I observe these types of people as paying well mannered individuals which can only help in the regrowth of the oceanfront front establishments that were so drastically effected by the covid 19 economic crisis If all rules set forth by the city pertaining to quiet hours and sound levels I can only imagine how something like this can only improve the newly named Artery district which the city is working so hard to improve the Laskin rd corridor Cheers to Murphys for all their hardwork and efforts to help this effort and area Sincerely David Feineis 307 30th street Va beach va 23451 8/05/2021 Virginia Beach Outdoor Permit Hearing Murphy's Bar&Restaurant As a homeowner residing at 2951 Baltic Avenue in Virginia Beach, 'support Murphy's Bar and Restaurant request for outdoor venue permit. Jacqueline Roccazzella 2951 Baltic Ave 0 V.• 1 a Beac VA 23451 (111"--- , Rmsnnm t Virginia Beach Outdoor Permit Hearing Murphy's Bar& Restaurant As a homeowner residing at 304 Sea Pines C't in Virginia Beach, I support Murphy's Bar and Restaurant request for outdoor venue permit. Kathleen Simpkins 3n4 cta Pinec C't Virginia Beach,VA 23451 - To Whom it May Concern, This letter is in reference to Murphy's Irish Pub's request to construct an outdoor venue consisting of a stage that will have insulated walls and a roof to help project the sound towards the boardwalk and away from the neighborhood behind them. The rest of the space will be a social area where people can play games like corn hole or have other events. Murphy's has had live entertainment on their deck the last 5 years with no nuisance to the community or my business. It has been quite the opposite. When events are offered by Murphy's, my foot traffic grows, and everyone is happy. We as a business here at the Atlantic fully support the plans for this stage and understand exactly what it is they are going for and hope this letter helps them speed up the process. If you should have any questions or concerns,please feel free to contact me at the restaurant at 757-422-2122 my cell at 757-839-3861 or via email at amato.vincentAgmail.com Regards, V Ai' wtd- Vincent Amato General Manager/Partner of The Atlantic on Pacific STC ratings for masonry1CMU walls is based on weight of the block and whether the cells are filled or not and what material it is filled with. Estimated STC Ratings for CMU Walls Hollow Units i Grout Filled Sand Filled Wall Thickness, in. Weight STC i Weight STC Weight STC 4 20 44 38 47 32 46 6 32 46 63 51 50 49 8 42 48 86 55 68 52 10 53 50 109 60 86 55 !:craft Diesel 130 dB Train Truck Engine or Seen: 110dB N, Mo€acyc►e: 110 dB touo lawn Mow" 100 dB neighbors. tim "ro DD91 90 d B ,, fiSdB 70d6 � --, -A i3 Y; I Al cWa14 ) . _ � v, t+ �41, cnt/s 4 N N � V! N ems' c, n a ; n tom, o o o C? r UMW IMO1tt 35% el %p SIMCR SOWS at .` 50°�' 57% lrMCII LMl.. _ 'ittos wow 62% u 67% WNCI 11,N I:I, 78% ® 2420 Grenoble Road �/Oust'cal Richmond, VA 23294 Technical 1' SOLUTIONS i Toll Free: 800-782-5742 Data Sheet For every environment of your life. E fm a El AudioSeal° Reinforced Sound Barrier DESCRIPTION _ AudioSeal® Reinforced Sound Barrier is a high strength mass loaded vinyl that can be used when a durable, tear _ resistant material is required for soundproofing. This sound barrier is reinforced with a high-strength polyester fabric to improve durability to prevent tearing when suspended vertically. It is often hung using grommets to prevent the passage of airborne sound and noise. Since this barrier can support its own weight, you can use it to create hanging barrier partitions. If partition walls do not go up to the roof deck, you can use it as a sound barrier extension to the wall, which will prevent sound from flanking into the next room. This versatile material may be used for a wide range TECHNICAL CHARACTERISTICS of sound blocking solutions that require free hanging curtain panels,jacket wraps for machinery, to create SIZE: 54" wide x 30' long partition panels or for OEM applications. You can fasten or hang this barrier with grommets or other hardware to THICKNESS: 1/8" create any number of configurations. Reinforced barrier is often combined with quilted fiberglass products to WEIGHT: 1 lb./sq. ft. provide both absorption and sound blocking for industrial applications. 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N p- \ CO - P „.,.._ t fr.-3i- ..... , , , :N N 0 tvd .• %. •1 '' 11:04\ CO c 0- '4 %,4 cry, >, li , �C. ��//� 11 c • << f� �� . .�:o L`L m c ca) o° o a 41N J/ `o o f 6Qpo•" O c o z 1t. ► 0 Leo 0 L 0 CD- , 0 �O cv I (Ca A oN ill •p Q o r. 4 o6 A ki t / u ��,fC� -...,Ec � cf•1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicant] VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC [Property Owners] Modification of Proffers to a Conditional Rezoning (Updating the Design Criteria of Corporate Landing Business Park)for the property located within the Corporate Landing Business Park (GPINs 2415122650, 2415040770, 2415146859, 2415259170, 2415227788). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 7, 2021 • Background: This request was deferred by the City Council on November 9, 2021 to provide additional time to research potential impacts to contract purchasers of property within the Corporate Landing Business Park (the Park). Those impacts have been discussed with the contract purchasers and all issues have been resolved. Prior, this item was deferred on October 19, 2021 in order for the setbacks adjacent to residential neighborhoods and General Booth Boulevard to be revised back to 75 feet in the Proffers and Design Criteria, and previously deferred on September 21, 2021 and September 7, 2021 in order for the applicant to provide additional notification and information to the adjacent property owners regarding the details of the proposed changes to the Design Criteria for properties under the ownership of the Virginia Beach Development Authority (VBDA) and FROB, LLC within the Park. The applicant sent letters to 167 neighboring properties within 500 feet of the parcels associated with this request. The Park was established in 1988 and an update to the Design Criteria was last completed in 1998. The proposed Design Criteria will be applicable to properties owned by the VBDA and FROB, LLC. The remainder of the Park will be subject to the current Design Criteria. The design criteria provide guidance on site design, building design, landscaping, and signage to ensure a unified, qualitative park environment. The updated design criteria for the Park will simplify the review process for developments within the Park to one cohesive document and align with current codes and regulations. Overall, the new design criteria will: o Soften requirements for parking, building materials, and landscape screening, while maintaining guidelines to remain an attractive "park-like" setting Virginia Beach Development Authority Page 2 of 3 o Permit more flexibility with new and innovative materials and construction methods o Provide more guidance on light industrial and advanced manufacturing building types, orientation and façade articulation The VBDA intends to continue to encourage the construction of attractive quality environs through the updated criteria. • Considerations: Planning Commission concurs with Staff that the request to update the Design Criteria for the Park is acceptable. The current Design Criteria are outdated and no longer align with the development pattern that was originally envisioned for the Park. The new Design Criteria seek to: o Ensure that the Park remains relevant for current and future market opportunities o Reduce redundancy and better align the document with current codes and requirements o Consolidate multiple subsequent amendments into one user-friendly and attractive document If the design criteria update is not adopted, opportunities to grow and diversify the local economy could be missed by the current design requirements and longer entitlement process. The updated design criteria would create a more marketable and comparative business park in the region. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Opposition was present at the October 19, 2021 public hearing. Two speakers voiced concerns related to increased traffic in the area, the potential for additional disruptive noise, and removal of existing trees within the Park. Along with the Adjacent Property Owner notifications required by law, Staff mailed 167 letters to individual property owners that according to City records own property within 500 feet of the areas of the park where updates to the Design Guidelines are proposed. • Recommendation: On August 11, 2021, the Planning Commission Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 9-0. Virginia Beach Development Authority Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Proposed Updated Corporate Landing Design Criteria — October 2021 Detailed List of Changes Location Map Proffer Agreement Minutes of Planning Commission Hearing Existing Corporate Landing Design Criteria — 1998 Notice Letter from VBDA to Adjacent Residences of the Park Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Virginia Beach Development Authority Agenda Item Property Owners Virginia Beach Development Authority & FROB, LLC City of Planning Commission ABPublic Hearing August 11, 2021 8 Virginia Beach City Council Election District Princess Anne Request Modification of Proffers (Update to the Design Criteria) Staff Recommendation "'°��R� Approval _ Staff Planner Hoa N. Dao '� - Dam N.0,Roar yr, I r 4 Location - I f Portion of Corporate Landing Business Park GPINs a * ' r 2415122650, 2415040770, 2415146859, ` i o� 2415259170, 2415227788 j - 0� Site Size ✓ kp '6 °E`'o b �� Approximately 189 acresill 'i-�' AICUZ ffa- �-Y� it . •�e ct--__� 70-75 dB DNL, Greater than 75 dB DNL �� ��g 0, a"`s`, Watershed , , _ - 'r.? _ /,�- P t, Southern Rivers Existing Land Use and Zoning District Office-warehouse,vacant parcels in Corporate - Landing Business Park/ B-2 Community * .. Business, I 1 Light Industrial Surrounding Land Uses and Zoning Districts . „�_ North .r e= • Dam Neck Road ',, fig - tit a Public schools /AG-1 Agricultural ` s South General Booth Boulevard ` Single-family dwellings, offices, mixed retail / R- Y.0 " '`"' - 7.5 & R-10 Residential, 0-2 Office, B-2 ; a Community Business East Single-family dwellings, cultivated field/ R-5D , Residential, AG-1 Agricultural West Corporate Landing Parkway Woods, single-family dwellings/PD-H1 Planned Unit Development Virginia Beach Development Authority Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is seeking a Modification of Proffers to update the Design Criteria for a portion of Corporate Landing Business Park (the Park). The Park property was rezoned in 1988 and the Design Criteria was adopted in 1990 with an addendum added in 1998. • Letters were mailed to property owners within the Park to allow them an opportunity to be a party to this application. One property owner, FROB, LLC, accepted. • The new Design Criteria seek to: o Ensure the Corporate Landing Business Park remains relevant for current and future market opportunities; o Reduce redundancy and better align the document with current codes and requirements; o Consolidate multiple subsequent amendments into one user-friendly and attractive document; o Permit more flexibility with new and innovative materials and construction methods; and o Provide more guidance on light industrial and advanced manufacturing building types. _ #� 6"7i Zoning History �' :. , • # Request ri „ , ,:------,drei''' •I 1 CRZ(Conditional B-2 to Conditional I-1)Approved /' �'�// ` k 03/19/2019 -.,.% 6., .. 4 .,,y MOD(Proffers)Approved 06/25/1996 „iikj/� �/ ,,,, ' MOD(Proffers)Approved 11/09/1993 �� � i'��///�.�' I MOD(Proffers)Approved 08/14/1989 �/ . , .• CRZ(AG-1&AG-2 to Conditional 1-1)Approved „,,, .,.. q,. .; - /4 //�,, ,-f`j� �,r'', 06/13/1988 2 CUP(Fiber Optics Transmission Facility)Approved °' ��®VI. / t% ._ 10/04/2016 `,%';' v1�� ' „s` 3 MOD(Proffers)Approved 03/17/2015 _ *61;4' ', �� -as 4 MOD(Proffers)Approved 09/14/2004 .- `!' : r. • CRZ(AG-2 to Conditional B-2)Approved 01/25/1994 •• Y.;A • , • 5 CRZ(1-1 to Conditional B-2)Approved 11/09/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The request to update the Design Criteria for Corporate Landing Business Park, in Staff's opinion, is acceptable. The current Design Criteria is outdated and no longer aligns with the development pattern that was originally envisioned for the Park. Other parcels within the Park were informed of the request to update the Design Criteria and opted not to be included with this request.These properties will continue to be subject to the existing Design Criteria that was adopted in 1990 and amended in 1998. Virginia Beach Development Authority Agenda Item 8 Page 2 Overall,the new Design Criteria reduce requirements for setbacks, parking, building materials, and landscape screening, while maintaining guidelines to remain an attractive "park-like"setting. CURRENT DESIGN CRITERIA UPDATED DESIGN CRITERIA SETBACKS: Adjacent to Dam Neck Road 100 ft. 50 ft. Adjacent to Residential 75 ft. 50 ft. Neighborhoods Adjacent to General Booth Blvd. 75 ft. 30 ft. Adjacent to Corporate Landing 50 ft. 25 ft. Parkway Other Public Streets 50 ft. 20 ft. Side & Rear Property Line 15 ft. 15 ft. Between Parking Lots and Buildings 10 ft. 10 ft. 10 ft. (excluding sidewalks) PARKING: • One parking space for each 250 • Off-street parking must conform square feet of gross floor area to Section 203 of the Zoning used for offices. Ordinance as amended. • One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift,whichever is greater. • One parking space for each 200 square feet of gross floor area for commercial/retail. • One and one-half parking spaces per hotel room. • The width of parking lot drive aisles shall be a minimum of 24 feet. BUILDING MATERIALS: • Recommend architectural • Recommend architectural materials are glass,granite, pre- materials are glass, granite, cast concrete, and brick. concrete, brick, and metal. • Bright overall colors shall not be • Bright overall colors shall not be permitted. permitted. However, bright colors are encouraged to enhance focal points and serve as accents. LANDSCAPE: • The developer of the individual • Sod rather than seeding is sites shall provide a continuous required within 50' of all evergreen and/or low berm buildings; all adjoining roads shall screen along any side of a parking have sod along the entire property line from the road edge Virginia Beach Development Authority Agenda Item 8 Page 3 lot that abuts a public street to the parking lot edge. The right-of-way. minimum width of sod along • The developer of any site that road edges where there is no abuts a storm water retention parking lot shall be 30'. All other lake or canal shall provide a lawn areas not receiving sod may landscape buffer(minimum be seeded. width 15 feet) between said lake • All site entry drives shall be well and/or canal and any proposed landscaped with a combination parking lot. This buffer shall be of shade trees, flowering trees, planted with a mixture of and flower beds, deciduous and evergreen plant materials. As the proposed revision to the Design Criteria will simplify the review process for developments within the Park to one cohesive document and align with current codes and regulations, Staff recommends approval of this request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A,the remaining parcels of land located within Corporate Landing and not owned by the Applicants shall remain subject to the Existing Proffers,which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Except for permanent facility construction, exterior storage shall be prohibited. Proffer 5: Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 6: Temporary facilities, other than construction related facilities,shall not be permitted within the front yards and when located in the rear yards,shall be removed immediately upon completion of the permanent facility. Virginia Beach Development Authority Agenda Item 8 Page 4 Proffer 7: All loading docks and dumpster areas that are visible from the lake area or street shall be screened with a wall a minimum of 8 ft.that matches the materials used on the building. Dumpsters shall also be gated. The screen wall shall be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval. Proffer 8: Those uses permitted in 1-1 and B-2 zoning are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer 9: The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 75 ft. c) Adjacent to General Booth Blvd. 75 ft. d) Adjacent to Corporate Landing Parkway 25 ft. e) Other Public Streets 20 ft. f) Side & Rear Property Line 15 ft. g) Between Parking Lots and Buildings 10 ft. (excluding sidewalks) Proffer 10: The following are the parking requirements: a) Off-street parking must conform to Section 203 of the Zoning Ordinance as amended. b) The City's parking requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. c) Parking lot landscape standards shall conform to the City of Virginia Beach Landscape Guide as amended. Proffer 11: The Corporate Landing Business Park Design Criteria, dated October 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications,conditions and requirements related to design requirements, land use, responsibilities of the VBDA,grading, drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. Staff Comments: The Proffers provide more flexibility for developments within the Park to create a more marketable and comparative business park in the region. Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Virginia Beach Development Authority Agenda Item 8 Page 5 1996 Proffers That Remain in Effect for The Remainder of The Park 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D) shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers,within the R & D and MDO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein,the prior Proffers shall remain in full force and effect. 1989 Proffers That Remain in Effect for The Remainder of The Park 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit,and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical,financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers,freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling, warehousing, storage or distribution establishments. 10. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). 11. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. Virginia Beach Development Authority Agenda Item 8 Page 6 MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical,financial, nonprofit, professional,and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools,colleges and universities. 9. Public utility facilities. 10. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space,and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries,confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios,offices, and clinics. 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three(3)off-street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores, beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists,gift shops and stationery stores. 10. Service and repair services for business machines,sign shops and other small service businesses. 11. Grocery stores,carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000)square feet. Virginia Beach Development Authority Agenda Item 8 Page 7 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18. Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. 22. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air- conditioned buildings. 23. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area, width, yard spacing,floor area ration, and coverage: R & D MDO MXD2 Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 75' 75' 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' Maximum Floor Area Ratio .50 .90 .90 Maximum Building and Paved Area Coverage(excluding outside plaza and gathering 75% 60% 75% areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 50' 50' 50' Minimum Yard Setback Adjacent to Other Public Streets 50' 50' 50' Minimum Yard Setback Adjacent to Private Streets (excluding access drives& parking 25' 25' 25' lot drive aisles) Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Virginia Beach Development Authority Agenda Item 8 Page 8 Minimum Yard Setback Adjacent to Side Property Lines (excluding common drive 15' 15' 15' aisles between parcels) Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 15' Minimum Yard Setback Between Parking Lots& Buildings (excluding sidewalks) 20' 20' 0' 4.The maximum building height for the various use classifications located within the property are as follows. A. R&D:35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300'of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2:35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5. General Requirements Applicable to all use classifications located within the property. A. Parking Requirements:The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift,whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however,such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view,and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. C. Landscape Requirements(Minimum) Virginia Beach Development Authority Agenda Item 8 Page 9 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm (minimum height four(4)feet up to approximately ten (10)feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer (minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6. The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3 —South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 25,2021 and August 1, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 26, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 5, 2021. Virginia Beach Development Authority Agenda Item 8 Page 10 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 22,2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 3, 2021. Virginia Beach Development Authority Agenda Item 8 Page 11 Site Photos •- •44,-,-... - - •••-•:. 7.-1 _ \ , 1 -•„.,,. •-. •„,, • 4,,,_ . , . , ••• ' ii , .• 10- ..._ .. . _ , . ' . .. .. . , .,-,„ _ . _. . asotrom. , - "."-LI'llke'l ,--- ..- 1•44i :"4.,^.7.1,e•.1,..-...-va5 .. ... , : •• ,,Aa,-.3: • ,,, s, .44. . - •=7 . ,,,,-.; '*15.1T.N'.. 44044.44, 10:041....i,Y,4 44/30.,t:i i .1— Virginia Beach Development Authority Agenda Item 8 Page 12 Updated Design Criteria _ vow r -, CORPORATE LANDING ■ , I. ,,, , BUSINESS % '.; { • • , ,i ! ;• i PARK ` , . j i to -a• ••-.N.,.;iiiik r \\ "y .,,i. e.-......,j,!):....,„ :.-... ... A4 ,,••• .,r ...,; . . ..,,,,e'ki ., , •,:, '4'/•-' . - - f. '`'-_. - CORPORATE LANDING ,.._ BUSINESS PARK DESIGN CRITERIA OCTOBER 2021 r VIRGINIA BEACH Virginia Beach Development Authority Agenda Item 8 Page 13 Updated Design Criteria t ,, • . . A ib On April 24. 1990, City of Virginia Beach Economic Development Director Andy Burke, Mayor Meyera Oberndorf.and Virginia Beach Development Authority Chairman Von Cunningham turned the first shovels of dirt,officially signaling the beginning of the development at Corporate Landing. U Virginia Beach Development Authority Agenda Item 8 Page 14 Updated Design Criteria CONTENTS ARTICLE I:BACKGROUND AND PURPOSE 5 ARTICLE IV:SIGNAGE CRITERIA 17 1.1 CORPORATE LANDING BACKGROUND 4.1 SIGNAGE REQUIREMENTS 1.2 DESIGN CRITERIA PURPOSE 4.2 SIGNAGE APPROVAL BY VBDA 1.3 BUSINESS PARK MAP 4.3 TEMPORARY SIGNAGE 1.4 LAND USES 1.5 IMPROVEMENTS PROVIDED BY THE VBDA ARTICLEV:REVIEW BY THEVBDA 19 5.1 INTRODUCTION ARTICLE II:SITE CRITERIA 9 5.2 DEVELOPMENT PROCEDURES 2.1 APPLICABLE CODES 5.3 SUBMITTAL REQUIREMENTS 2.2 SETBACKS AND COVERAGE 5.4 SCHEMATIC DESIGNS 2.3 GRADING AND DRAINAGE 5.5 CONSTRUCTION DOCUMENTS FOR 2.4 PARKING SETBACKS FINAL REVIEW 2.5 PARKING REQUIREMENTS 5.6 BASIS OF APPROVAL 2.6 LOADING AND REFUSE 5.7 REVIEW COMMITTEE 2.7 EXTERIOR STORAGE 5.8 REVIEW TIME 2.8 FENCING 5.9 PUBLIC APPROVALS 2.9 UTILITIES 2.10 NON-MOTORIZED CIRCULATION 2.11 PLANTING 2.12 LIGHTING ARTICLE III:BUILDING CRITERIA 15 3.1 APPLICABLE CODES 3.2 BUILDING DESIGN AND ORIENTATION 3.3 BUILDING MATERIALS AND COLORS Virginia Beach Development Authority Agenda Item 8 Page 15 Updated Design Criteria Figure 1.1" Corporate Landing Business Park 1994 ,-,- ;, . 4, �4„, , ,,„,,,,, it ,_.- "-, Vr.. .... i `....-, ` 7 �+' PiT; c i �- 'R, \ '% ?'`1"-.f s� +3 Figure 12-Corporate Lancing Business Park 1 i d f _ 1 h ' .„---- .41'ri-' '_0,4\''k('' , ' r y. •k L ‘I if ."Y. Virginia Beach Development Authority Agenda Item 8 Page 16 Updated Design Criteria ARTICLE I: BACKGROUND AND PURPOSE 1.1 CORPORATE LANDING BACKGROUND It is the intent of the Virginia Beach Development Corporate Landing Business Park (the Park) was Authority (VBDA) to continue to encourage the established in 1990 as a planned multi-faceted business construction of attractive quality environs through the park encompassing approximately 325 acres of land. updated design criteria herein. The Park is strategically located five miles from 1-264 on the southwestern side of Naval Air Station Oceana, between General Booth Boulevard and Dam Neck Road. It has a campus-like setting with high quality buildings integrated into a naturally landscaped environment. Corporate Landing Business Park has become the home to a variety of major regional corporate headquarters, including GEICO,Groundworks, and Lockheed Martin. -u Additionally, in 2018, a cable landing station was • - established to support ultra-high speed transatlantic __ fiber optic telecommunication cables.The cable landing station in Corporate Landing provides high capacity, reliable connectivity options to carriers, data centersand collocation facility operators. Figure 1.3 _arporote Landing Business Pork Fountain 1.2 DESIGN CRITERIA PURPOSE The purpose of the design criteria is to provide guidance on land use, site design, building design, landscaping, - and si na a to ensure a unified, qualitative park "GEICO environment. The design criteria have ensured that Corporate Landing „ has developed and maintained an attractive"park-like" - setting. Minor modifications have been made to the design criteria on several occasions over the past thirty 1 years but have never been substantially updated. This Figure 1.4 GEICO Rego ..:c__, :,,,•,._,_ update is needed to: A. Ensure the Corporate Landing Business Park remains relevant for current and future market opportunities B. Reduce redundancy and better align the document with current codes and requirements C. Consolidate multiple subsequent amendments into "I one user-friendly and attractive document D. Permit more flexibility with new and innovative materials and construction methods E. Provide more guidance on light industrial and advanced manufacturing building types Figure 1.5-New Realm Brewery Regional Headquarters Virginia Beach Development Authority Agenda Item 8 Page 17 Updated Design Criteria 1.3 BUSINESS PARK MAP Available property in the Park is rated Tier VI shovel ready by the Virginia Economic Development Partnership. Dam Neck Road `22 l it r.. rme Eit —N.* iro . '" ' L„ry ��b ,/ be//Or .: ,'' : F' • -'3 ! � . a ffji tik - ` f i t 4 :� ',- ` ^P 41 N.NININNISN Legend Business Park Limits /� ti VBDA Owned Property \ Croft Lone Lake/StormwaterPond ilk Wetlands Future Stormwater Pond 0 � role/ 0 0o° r \ c¢ 3 Go c' aOi ,° eO B: Co4a 9, Ps �000 bpi V/_. of , t sllim i Source Ne. .p. 0 800 feet Virginia Beach Development Authority Agenda Item 8 Page 18 Updated Design Criteria 1.4 LAND USES The majority of the property in Corporate Landing Development Authority will reserve a75-foot strip of Business Park is zoned I-1 Light Industrial District and land for a future landscape screen.Property owners one property is zoned B-2 Community Business District within the park shall be responsible for maintaining per the Virginia Beach Zoning Ordinance as amended. the landscape screen entire length of property. Maintenance shall consist of mowing, weeding, The allowable uses in I-1 and B-2 zoning are permitted fertilizing and watering of all trees, shrubs and in the Park. Uses requiring a Conditional Use Permit lawn area to maintain healthy plant life. shall seek approval from City Council. The Virginia Beach Development Authority (VBDA), maintains the right to approve the property's use. 1.5 IMPROVEMENTS PROVIDED BY THE VBDA The Corporate Landing Business Park offers the following site improvements provided by Virginia Beach =sari?... Development Authority: K' +> 11-f.• A. Shovel Ready: Available Park properties are rated Tier VI shovel ready by the Virginia Economic CORPORATE Development Partnership. • LANDING B. Conduit:The Park offers 2.1 miles of conduit system on Corporate Landing Parkway. It consists of 2 x 8 . i Ai K, (16)4"conduits which include(3) 1.25"innerducts I ° located in each conduit. - C. Data Center Certified:The Park is Dominion Energy certified for data centers. D. Roadways: Perimeter Parkway, Craft Lane and Corporate Landing Parkway. Figure 1.6-Coiporurt Lunaoiy riitrt Lr,tiun ce Sign E. Utilities: Water, electricity, sanitary sewer and conduit shall be provided to within the right-of- way or within an easement adjacent to the right of way.Connections to these major lines will be the responsibility of the site purchaser. F. Signs:The VBDA provides entry signs for the Park and all signage within the public rights-of-ways. G. Landscaping: Landscaping of the common areas at the park's entrances with irrigation are provided. H. Residential Screening: The Development Authority will provide appropriate plantings in the 75-foot setbacks required adjacent to the existing residential neighborhoods of Red Wing, Dam Neck Estates, and Strawbridge, to provide screening between the park and adjacent residential Figure 1.7-Existing Landscape Screen on Dom Neck Road neighborhoods. Where the park abuts property not currently developed for residential use, the Virginia Beach Development Authority Agenda Item 8 Page 19 Updated Design Criteria Dam Neck Rd irk r,_E... .gym T • f :: i�' g ,` '",fig- ♦ +.._ ' *1 . r 4 91 .IL44 yr o0 \o Figure 1.8-Existing Conduit Route in the Pork The Park offers 2.1 miles of conduit system consisting of 2 x 8(16) 4" conduits which include(3) 1.25" innerducts located in each conduit. e Virginia Beach Development Authority Agenda Item 8 Page 20 Updated Design Criteria ARTICLE II: SITE CRITERIA 2.1 APPLICABLE CODES B. The utilization of best land management and A. Development of VBDA owned property within the stormwater management practices shall Corporate Landingis be incorporated into the master drainage plan p governed by the following for Corporate Landing and each individual site requirements and restrictions of but not limited to: drainage plans per the applicable codes. 1. The recorded Zoning Proffers of the VBDA 2. The City of Virginia Beach Public Works Design 2.4 PARKING SETBACKS Standards Manual, as amended The following chart lists the minimum parking lot 3. TheCityofVirginiaBeachZoningandSubdivision setback requirements in the Corporate Landing ordinances, as amended Business Park. Minimum Parking Lot Setback Requirements B. It is the responsibility of the individual site Adjacent to Residential developer to verify and conform with all Neighborhoods 75 Feet requirements of governing agencies and obtain General Booth Boulevard 75 Feet and maintain all necessary permits during the development of the property. Dam Neck Road 50 Feet Corporate Landing Parkway 25 Feet Other Public Streets 20 Feet 2.2 SETBACKS AND COVERAGE Side&Rear Property Line 15 Feet The following chart lists the site requirements, beyond Between Parking tots and to Feet those required for 11 and B2 zoning,for minimum lot Buildings(excluding sidewalks) area,building setbacks,and coverage for the Corporate Landing Business Park. 2.5 PARKING REQUIREMENTS Site Requirements A. Off-street parking requirements must conform to Minimum Lot Area 1.0 Acre Section 203 of the Zoning Ordinance as amended. Minimum Building Setback Adjacent to Residential 75 Feet B. The City's parking requirements shall not relieve Neighborhoods the site owner or lessor of the responsibility of Minimum Building Setback providing ample on-site parking for actual user General Booth Boulevard /5 reef demands. Parking on access roads and dedicated Minimum Building Setback streets shall be prohibited. Dam Neck Road 50 Feet C. Parking lot landscape standards shall conform Maximum Building and Paved 65% to the City of Virginia Beach Landscape Guide as Area Coverage amended. 2.3 GRADING AND DRAINAGE 2.6 LOADING AND REFUSE A. The site grading of each individual building site All loading docks and dumpster areas that are visible shall be done in a manner complimentary and from the lake area or street right-of-ways shall be compatible with the adjacent sites. screened with a wall a minimum of 8'tall that matches the materials used on the building. Dumpsters shall ■ Virginia Beach Development Authority Agenda Item 8 Page 21 Updated Design Criteria also be gated. The appearance of the screen wall shall • also be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval,see figures 2.2 and 2.3. 2.7 EXTERIOR STORAGE t. s -01° Except for permanent facility construction, exterior storage is not permitted in the Corporate Landing • t Business Park. Construction facilities and materials -K .a+I "Nemk. shall not be permitted within the front yards and when located in rear yards, shall be removed immediately upon completion of the permanent facility. Figure 2.1-Existing building and parking i the Par:. 2.8 FENCING A. Fencing beyond screening is not permitted in the Park except for where it is necessary to the physical security of certain facilities or necessary to funnel visitors to designated entry points. B. Fencing should be limited to side and rear yards +•� and coupled with planting.When fencing fronts any ky primary public roadways it should be located behind a landscape screen,making the plantings the most visible feature from the street or adjacent parcels. Fencing in front yards should be decorative use e only and should not visually obstruct the building. Durable,high quality materials are required for the Figure 2.2-Existing loading area screen in the Park fencing that compliment the building materials. C. VBDA shall approve all proposed fences for material, . color,location,coupled plantings and overall impact. €' 2.9 UTILITIES ts,.1 A. All utility connections, including all electrical and -BAN? fiber connections and installations of wires to buildings shall be made underground from the • nearest available power source. During installation there shall be no open cuts in any street at any ! time.No electric meter,gas meter or other meters 7 of any type or other apparatus shall be located on any power pole nor hung on the outside of any building, but shall be placed at grade or within the building served. If placed at grade outside Figure 2.3-Existing dumpster screen in the Park the building such devices shall be screened with evergreen plants. 111 Virginia Beach Development Authority Agenda Item 8 Page 22 Updated Design Criteria B. All site utilities such as transformers, meters, cooling towers and heat pumps shall be screened in their entirety with evergreen shrubs. Minimum height of shrubs at installation shall be 3'to 4'with ••• • :( BiLG. spacing not to exceed 3'on center,see figures 2.4 ; • and 2.5. ��►� :'c • -� . :...�A ID.Pi; ►. • 2.10 NON-MOTORIZED CIRCULATION O ilhlil , ke;';: Each developer or owner of a site shall construct public '' '.•` ' Em rr• •' E.WM ,.• e kr4 TRANSFORMER sidewalks and trails that pass through their property . .4046464%0ion :.. 3•Muioi wiTH or properties per Figure 2.6 the Non-Motorized "' .' SOIL SEPARATOR j" '. EVERGREEN SHRUB MASS Circulation Master Plan. AS REQURED BY THE urirry CO. Figure 2.4-Example transformer screening plan TRANSFORMER 10'MN. EVERGREEN SHRUB MASSING 3'TO 4'HEIGHT AT NSTAI1AT1ON Figure 2.5-Example transformer screening elevation • —it-- Virginia Beach Development Authority Agenda Item 8 Page 23 Updated Design Criteria Figure 2.6 Non-Motorized Circulation Master Plan Dam Neck Road r "r4W. , 10, ri P QJ act)developer or owner of a site q <hall construct public sidewalks and trails that pass through then property of properties per the Non-Motorized Circulation Master Plan and in accordance with City of Croft tone Virginia Beach Standards. p. 4400" Central Plaza Drive -'•t6 10 17 (Future) Bri dPP "r °Oa Sourer.Neon ap T —1 Legend 800 Feet \—e; •——— Existing Multi Use Paths � hb --� Future Multi-Use Paths �I VBDA Owned Property 0 Virginia Beach Development Authority Agenda Item 8 Page 24 Updated Design Criteria 2.11 PLANTING SHADE TREE (TYPICAL} FLOWERING TREE (TYPICAL) A. Corporate Landing is intended to have a park .� setting with a strong emphasis on the landscaped r• �•►� ��i�• environment. This emphasis will provide an 4.� �� j�: .1 overall visual continuity throughout the park and ((jr',i /4'4 ��►' ��� �i will serve as a backdrop for the development of 1111144 r 1rl� mr.m. -,. - each individual site. During the individual site i:' , , itdevelopment stage, the landscape architect �� d��; � shall give careful consideration and analysis to l ��' �2�i. `\�respond to surrounding site components such !+ ' A2�s 11,as site context,open space,landmarks,views andii-!lit. ���6/6 `'��, ���� vistas, streetscapes and the protection of existing �� �4��.; ►, vegetation. 1110 '�/E� B. In addition to adherence to the City of Virginia /� \li �`'I i�„ 1if Ø Beach Landscape Ordinance for plant species, 1'► �,parking lot and foundation landscaping, screening and tree planting specification and standards, the 9 f.• .. zi`.vim following additional requirements shall apply to the MEDIAN EVERGREEN Corporate Landing Business Park: sHRUR MASSING 1. Protection of Existing Vegetation: Site Figure 2.7-Example Divided Entry Drive Planting Plan Note The landscape architect shall respond to all visibility developer, through sensitive grading and triangle requirements for intersections. drainage plans, shall save stands of natural vegetation 15'outside of all proposed building EVERGwalls and 5' outside of all paved areas. The MASSING E TO CURS building developer shall identify, "flag", and �•; •Jr:: •barricade up to the tree dripline such stands = t �• vow prior to site clearingor gradingoperations. �ti P �' 1p411 �1►s �' Storage of materials or equipment shall —Tu _1.►j►�' vibe . - not be allowed within these barriers during ���Ie : 1 i1' construction and barriers shall not be removed Air until finish grading of sites has been completed. � .,_ 17P �.• �� All City of Virginia Beach and State of Virginia !;' . F6 Tree Protection Notes are applicable and shall ''4 ' ,;'EI+ a_f -�be enforced. \ ��o 4ii i�� .. 2. Sod rather than seeding is required within 50' ` P: ��lfiL t of all buildings; all adjoining roads shall have �! i��e �; ,- sod along the entire property line from the road kii _(f47' fi �l.►,edge to the parking lot edge. The minimum ` ,7:�'%e �� (width of sod along road edges where there is E ..ys.4 ,•t►��f no parking lot shall be 30'.All other lawn areas �•-CONTINUOUS EVERGREEN HEDGE 3r HT �� not receiving sod may be seeded. SPACED 3 ON CENTER AT INSTALLATION Figure 2.8-Example Entry Drive Planting Pion Note: The landscape architect shall respond to all visibility triangle requirements for intersections. Virginia Beach Development Authority Agenda Item 8 Page 25 Updated Design Criteria 3. All site entry drives shall be well landscaped each case where this is applicable, the user with a combination of shade trees, flowering shall obtain approval from the VBDA at the trees,and flower beds,see figures 2.7 and 2.8. construction document approval stage. 4. All planting bed areas shall be covered with a D. Lighting in all parking lots, walkways, and 3"layer of shredded hardwood mulch. signage on buildings shall be LED.lighting levels 5. All plant material,topsoil,mulch,fertilizers,etc. in parking lots shall be a minimum 0.5 foot shall be subject to VBDA approval. Rejected candles. Light spillage onto adjacent properties materials shall be removed from the site. and the right of way shall be minimized. 6. Street trees shall be placed along all roadways, E. Accent lighting of buildings, landscaping and within the right of way, which properties abut signage is encouraged. or adjoin.One tree shall be provided for every F. All lighting adjacent to residential areas will 35' of property line that adjoins or abuts the be placed in such a way to prevent glare or roadway. If applicable, existing street trees on overflow lighting into these areas. adjoining properties shall be located and shown G. Point-by-point photometric calculations with a on all landscape planting plans.The spacing of summary statistics table shall be submitted for all new required street trees shall tie into all project sites.Calculations shall include fixture existing trees, maintaining a maximum spacing schedules or details indicating all aesthetic, of 35' on center. electrical, and luminous characteristics of the 7. Shade trees and/or flowering trees shall be proposed lighting systems. provided in front of the buildings as approved by VBDA. 8. Each site developed shall have an automatic - irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to • the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. 2.12 LIGHTING Corporate Landing Business Park has a uniform lighting system for exterior lighting. Fixtures and poles shall i ,,.;. be approved by the VBDA. The following lighting' _; �'` - requirements apply: 010:� I "' A. Parking light fixtures shall be a maximum height of 30'. B. Low bollard fixtures or landscape lighting is recommended for walks and building entries. • C. The use of full cut-off fixtures for general "' - %- illumination is required. Designs to meet Dark Sky compliance are encouraged. Building mounted floods will not be permitted, except Figure 2.9 Standard Pork Light in completely internalized service courts. In Virginia Beach Development Authority Agenda Item 8 Page 26 Updated Design Criteria ARTICLE III: BUILDING CRITERIA 3.1 APPLICABLE CODES articulation such as cornices, expression of A. Buildings within Corporate landing are governed by structural or architectural bays, recessed the following requirements and restrictions but not windows or doors,material or material module changes, color and/or texture differences. limited to: Continuity of design is encouraged on the side 1. The Virginia Uniform Statewide Building Code and rear faces.Flat,monolithic or unarticulated (USBC), facades are discouraged. 2. The recorded Zoning Proffers of the VBDA, 3. For large buildings, varying horizontal and 3. The Cityof Virginia Beach Zoning and Subdivision vertical elements should be employed to help ordinances, as amended,and organize the building mass. In addition to 4. The City of Virginia Beach Public Works Design material changes, breaking the footprint of a Standards Manual, as amended. large building into smaller parts and varying a B. It is the responsibility of the individual site building's height and facade design can reduce developer to verify and conform with all the appearance of blank walls. requirements of governing agencies and obtain and maintain all necessary permits during the 3.3 BUILDING MATERIALS AND COLORS development of the property. A. Exterior building materials shall be of types 3.2 BUILDING DESIGN AND ORIENTATION that are durable and permanent in quality and appearance. Exterior finishes should require A. Corporate Landingoffersthe highest qualityotdesign little or no maintenance. Colors, materials, and and creativity in the Park's building construction. finishes areto becoordinated in a consistent manner In order to ensure the development of a harmonious on all elevations. Recommended architectural corporate environment, the following design materials include glass, granite, concrete, brick parameters have been established: and metal.Additional building facade requirements include: 1. The building concept for the Park is to set buildings in a landscaped environment that 1. The use of metal panels for light industrial maintains an aesthetic continuity throughout. facilities is acceptable as long as the front face(s) Each designer is encouraged to express and main entry of the building includes at least individuality and creativity while blending his one additional complimentary material and the or her design into the site's surrounding metal on the side and rear is layered and varied. context. The general design context should 2. Glazing shall be reflective enough to prevent reflect a high quality, modern, corporate vision from the exterior to the inside during image. Colonial or historical designs shall not daylight hours. Reflective glazing shall have a be permitted. All designs are subject to the shading coefficient of.20 to.30. VBDA's approval. It is intended that the basic harmony of the Park's architecture shall prevail 3. All roof top mechanical equipment, shall be so that no building shall detract from the enclosed or screened by opaque glass, metal attractiveness of the overall environment. or masonry, so as to be an integral part of the architectural design and not visible from 2. Buildings should be oriented toward the public adjacent public streets. street and the front face(s), at a minimum, should incorporate higher levels of architectural ■ Virginia Beach Development Authority Agenda Item 8 Page 27 Updated Design Criteria 4. Exposed louvers, similar metal panel inserts, or penthouse enclosures are to be painted to match the predominant color on the building. 5. In order to maintain aesthetic continuity within the Park, bright overall colors shall not be permitted. However, bright colors are encouraged to enhance focal points and serve as accents,such as main entrances and shall be as approved by the VBDA. j1111111111: ., .44.10 Figure 3.1-Light Industrial Building in Loveland,CO Figure 3.3-Existing Corporate Landing business with accent Large building with varying horizontal and vertical elements, colors and enhanced main entry unifying materials and enhanced facade articulation at the main entry. Image Source:Danny Dodge 4 JY 1 III! ® ® f '� a 0 . t 1. •. �. _ fir, . 1'liii`t Figure 3.2-Warehouse/Assembly Building in Toccoa,GA Figure 3.4-Side and rear face continuity of existing multistory Multiple complimentary materials and architectural accents are Corporate Landing office building required for the front face(s)and main entry of large facilities Image Source Kirby Building Systems,LLC II Virginia Beach Development Authority Agenda Item 8 Page 28 Updated Design Criteria ARTICLE IV:SIGNAGE CRITERIA 4.1 SIGNAGE REQUIREMENTS C. Maintenance of all signs shall be required by all All signage in the Corporate Landing Business Park tenant/owners. Signs shall be kept cleaned and must comply with the Sign Regulations of City of painted as required to maintain the state of quality Virginia Beach Zoning Ordinance as amended. that existed at the time of installation In addition, the following sign regulations apply: 4.3 TEMPORARY SIGNAGE A. Menu board type signs shall not be permitted. A. No temporary signs will be permitted except as B. Plastic letters shall not be permitted for building described below(see figure 4.2). mounted signs. 1. Temporary construction signs shall be permitted C. The size,location on the facade,color and finish during the construction of the permanent of the letters or logo shall be compatible with facility and shall be removed upon issuance the building architecture. of the Certificate of Occupancy by the City of D. Care shall be taken to conceal all conduits, Virginia Beach. raceways and transformers from all signage 2. All temporary signs shall be ground mounted. so that they are not be visible under any circumstances. 3. One project construction sign shall be permitted and shall be located parallel to the E. Street names on the building are not permitted. street and shall include only:the Building Name; Numbered addresses shall not be backlit. Developer; Architect; Landscape Architect; F. In multi-tenant buildings where storefront Consulting Engineers; General Contractor; entrances are used, sign information shall be Major Tenants;and Lending Institution limited to company name, company logo, and 4. No subcontractor signs shall be permitted. suite number(see figure 4.1). The temporary construction sign outlined above shall be a maximum of ten (10) feet high and 4.2 SIGNAGE APPROVAL BY VBDA located within the property line and adjacent A. Final design of all building signage shall be as to the construction trailer. approved by the VBDA. Proposed signage shall be 5. No construction signs will be permitted off site submitted with the construction details for each 6. One real estate sign shall be permitted per building prior to their submission to the City of building and shall be allowed for six months. Virginia Beach.The sign submittal must include: Following this period, additional approval 1. Sign elevation, shall be obtained from the VBDA. 2. Site plan with location of proposed signage, 3. Shop drawings outlining construction details and lighting,and 4. Planting plan for area surrounding signage. B. Violation and/or non-compliance with the above procedures will allow the VBDA to remove the non-conforming sign at the expense of the owner/ tenant. 111 Virginia Beach Development Authority Agenda Item 8 Page 29 Updated Design Criteria ,„..... ....„.. , 1 TT � E . .� . J �XV CLEAR AIN. I I 2 % MAX. -4 L --- '---- --- _ 25% CLEAR MN.T III. . . ____ . I I ui _ i r11 i it I i ill. ' J Figure 4.1-Single Tenant Sign On A Building The above drawing is an example illustration of the placement of a single tenant name. NOTES: —1 r-r - 1)Front and back of plywood sign face and wood to be painted. 2)Signs can be rotated as desired. r 4'% BUILDING NAME — 3/4"T!M PI8i1000 --- P LOGO,ETC. =GE C l///COPY AREAy J L \1 r•0. z DEVELOPERS , / / NAME,LOGO,ETC. R I O r ARCHITECT REALTORS NAME LANDSCAPE ARCHITECT b LOGO,ETC. i CONSULTING ENGINEER • a GENERAL CONTRACTOR .' MAJOR TENANTS i FINANCIALNSTITUTION o L J 1-- _ 'r Tn. I e L _ . -- r r am P ./ rL4"X 4"TREATED PECO POST. —4"TREATED►AOD SLATS KrM G M Mar=-TYPICAL EQUALLY SPA®TO GRANO TEMPORARY SIGN REALTOR SIGN Figure 4.2-Temporary and Realtor Signage Virginia Beach Development Authority Agenda Item 8 Page 30 Updated Design Criteria ARTICLE V: REVIEW BY THE VBDA 5.1 INTRODUCTION 1. Schematic Design and A. Corporate Landing is governed by a series of 2. Construction Documents recorded covenants which are available upon B. Final approved City of Virginia Beach site plan request by any developer or owner interested documents shall be submitted to the VBDA before in Corporate Landing. These covenants and construction begins. restrictions are in place to ensure the proper and most appropriate development of the Park through the implementation of uniform standards. 5.4 SCHEMATIC DESIGNS Furthermore, all pertinent requirements of public At schematic/preliminary review,the following material agencies shall be followed in the development shall be submitted: of this property and all plans for development of a specific site shall be approved by the VBDA and A. Site Plan at a minimum scale of 1"=40'-0" approved by the City of Virginia Beach and public B. Site coverage ratio:building and paving agencies having jurisdiction. C. Building location, overall dimensions, height, B. The requirements contained in this criteria do finish floor elevations setback lines not preclude the potential of later modifications. Each buyer shall be responsible for verification of D. Site circulation all code requirements at the time of purchase and E. Site signage location development. F. Anticipated stormwater management practices G. Amount and location of employee and guest 5.2 DEVELOPMENT PROCEDURES parking A. Prior to commencement of the development of any H. Location of any loading and trash collection project design, the project owner and the design areas professionals are required to participate in an I. Location of walks and driveways introduction to Corporate Landing Design Criteria with VBDA's design representative. J. Building floor plans at a minimum scale of 1/8"= 1'-0" B. Prior to the commencement of any site K. Elevations(1/8"=1'-0"or 1/16"=1'-0")in color improvements such as construction or alteration or with color samples of buildings,enclosures, paving,grading, drainage, or any other permanent improvements on any L. Perspective rendering site,the owner, lessee or occupant of any site M. Building materials specification list shall first submit Plans and Specifications for such N. Location and size of all exterior mechanical and improvements to the VBDA for its written approval. electrical equipment both at grade and/or on the roof. 5.3 SUBMITTAL REQUIREMENTS O. Preliminary review shall be concerned with A. Ihree (3) complete sets of plans shall be building materials, colors and finishes, submitted for each review. Three (3) sets shall architectural treatment and rooflines. be retained for the VBDA's files. Plans shall be submitted to the VBDA at the following stages of planning and design: Virginia Beach Development Authority Agenda Item 8 Page 31 Updated Design Criteria 5.5 CONSTRUCTION DOCUMENTS FOR FINAL D. After approval of the contract documents by the REVIEW VBDA, any change in exterior materials or exterior A. The following completed construction document colors during construction, shall be approved material shall be submitted for final review: by the VBDA prior to ordering of materials. 1. Building construction drawings indicating 5.7 REVIEW COMMITTEE all exterior finishes, colors and proposed screening of roof-top equipment. Actual size The Review Committee shall be composed of the of equipment shall be indicated behind screen. VBDA's Department of Economic Development arm; The previously submitted colored elevations the VBDA's architectural, engineering, and landscape and the exterior building material sample board architectural consultants,which herein afterward shall which were submitted for preliminary review be referred to as"the Staff." shall be resubmitted again with the construction A. Staff shall be entitled to approve minor variations drawings. to those portions of the Design Criteria not 2. Full civil site plan and utility packages, at a encompassed by the zoning proffers of record minimum scale of 1"=25'-0". affecting the property. 3. Full landscape design package, at a minimum B. The VBDA shall receive comments and scale of 1"-25'-0". recommendations from the Staff as to whether 4. Full site lighting, signage and any loading area the plans submitted should be approved or and trash collection area construction details. rejected. B. Approval of plans must be given by the VBDA prior C. When questions of judgment or interpretation arise, the decision of the VBDA is final and to commencement of any construction. binding on all parties. D. Any revisions, additions, or alterations to any 5.6 BASIS OF APPROVAL portion of approved plans shall be subject to A. Review and approval will be based on standards set review and approval. forth in the Declaration and the Design Criteria. E. Neither Corporate Landing or the VBDA or Plans will be reviewed not only for the quality its successors or assigns shall be liable in of the specific proposal, but also the project's damages to anyone submitting plans to them effect and impact on its neighbors and on the for approval, or to any owner or occupant general park character. Evaluation will be made of of land affected by this Declaration, by spatial relationships among and between buildings reason of mistaken judgment negligence or and other surrounding elements.Careful concern misfeasance arising out of or in connection will be given to location and treatment of utility with the approval or disapproval or failure and service facilities with the intent of minimizing to approve any such plans. Every person, detrimental visual and environmental impact. corporation, partnership,or organization who B. Site ingress and egress shall be reviewed for efficient submits plans to the VBDA or Declarator for flow of traffic within the site and on abutting streets. approval agrees, by the submission of such plans, and every owner or occupant of any of C. If plans and specifications are not sufficiently the property agrees by acquiring title thereto complete or are otherwise inadequate, the VBDA or an interest therein, that he, she or shall reject them as being inadequate.Approval of it will not bring any action, proceeding or suit design will be good for a one(1)year period,after against the VBDA or Declarator to recover any which time, if construction has not started the such damages. building developer will be required to resubmit. Virginia Beach Development Authority Agenda Item 8 Page 32 Updated Design Criteria 5.8 REVIEW TIME The VBDA shall receive proposals for review, a minimum of fourteen (14) days prior to the second Tuesday of each month.The review comments shall be available from the VBDA office within two weeks of that second Tuesday. 5.9 PUBLIC APPROVALS A. The Applicant is responsible for complying with all applicable requirements of public agencies in the development of site(s) within Corporate Landing and shall make separate submittals to City of Virginia Beach review agencies. The Applicant may make concurrent submittals to both the VBDA and the City. B. Although based on local zoning and subdivision regulations, the Corporate Landing Design Criteria may be more restrictive in land use,site development standards, landscape requirements, or in other matters. In every case in which these criteria are at variance with public agency requirements,the more restrictive regulations shall govern. In the event of any inconsistency between the Deed and the Design Criteria, the provisions of the Deed shall control. C. The property owner is solely responsible for complying with all aspects of the Design Criteria, as well as all applicable codes and regulations. No variance from any aspect of the Design Criteria will be permitted unless approved in writing by the VBDA. If non-compliance to the Design Criteria is discovered during or after construction, it shall be the sole responsibility of the property owner to rectify all non-complying conditions at his or her expense to the satisfaction of the VBDA. Virginia Beach Development Authority Agenda Item 8 Page 33 Disclosure Statement Disclosure Statement coy 91174ni.arms Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Virginia Beach Development Authority Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. VHB,John D.Hines Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes MI No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09 2020 1 Virginia Beach Development Authority Agenda Item 8 Page 34 Disclosure Statement Disclosure Statement City 4 t iminia sex* Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes • No • If yes,identify the firm and individual providing the service, 5. Is there any other pending or proposed purchaser of the subject property?❑Yes In No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09.2020 2 Virginia Beach Development Authority Agenda Item 8 Page 35 Disclosure Statement Disclosure Statement Nii3 cer 4 t'ryea+Eenn Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes El No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. VHB, John. D. Hines 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wedands Board or any public body or committee In connection with this application. f " 1( U-k.-1 1 L Applicant Signature > A Murpllt3 , CI�c�Ir V t (via Re.0-0A tevel9M 't4f/ 14crri Print Name and. Title Date Is the applicant also the owner of the subject property? ®Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications O No changes as of Date 202111 19 Signature , • Print Name Hoa N.Duo 3IPafe Virginia Beach Development Authority Agenda Item 8 Page 36 Disclosure Statement Disclosure StatementAB Planning&Community' pr `, Development ' - --)1 -- •-• Owner Disclosure f 1 Owner Name __ i [csr11Ci Ve4_Ct ( Q,\X1ltl01YV�Q► t A6:�,u T)( r q . Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 1:81 No • If yes,I st the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I i No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I p a g e Virginia Beach Development Authority Agenda Item 8 Page 37 Disclosure Statement Disclosure Statement .\/13 ('(aiming& Communit Development "9""""t....\ Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes p.No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes [3No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IP No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes IXNo • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes al No • If yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes al No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. V N 1. John D. Hines 6lPage Virginia Beach Development Authority Agenda Item 8 Page 38 Disclosure Statement Disclosure StatementNAB Planning&Community Development S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and Individual providing legal the service. Owner Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. a ffr Owner Si ..srei Lisa a__111 p 1 L 1 C rq i R i ft Be d 6e JLt Nfnt ��e ifft I ej (9' ' Date Revised11.09.2020 7IPage Virginia Beach Development Authority Agenda Item 8 Page 39 Disclosure Statement Owner Disclosure _— Owner Name IOdy< t C- Applicant Name /OIiSMr i%OtioN.✓ 14d0 "tow e Is the Owner a corporation,partnership,firm,business,trust or an enincorporeted business? D NO • If yes.hot the names of all officers,directors,members,trustees,etc below.(Attach a fist If necessary) /r viA+ti J1;0 x.aftf/V • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'reiauortshlp with the Owner.(Attach a list If necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest In the subject land or any proposed development contingent on the subject public action?❑yes No • If yes,what is the name of the o'klal or employee and what is the nature of the Merest? ''Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectay owns shares possessing more than 5o percent of the voting power of another corporation:See state and Local Government Conflict of Interests Act,VA.Code 3 2.2-3101. .'Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest In the other business entity,(h)a controihrsg owner in one entity Is also a contro:ling 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 of Bated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are cosmos 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 4 2.2-3101. Re vised 11 09.2020 S i P a g e Virginia Beach Development Authority Agenda Item 8 Page 40 Disclosure Statement ...e; t• ry-�h"'rf is y-rah -gy{» s s ar r� y ;P i "" 4rii �lp •�aJrE?1'Ui i�5�� s • " �� }i .a' v 3 a+' 4 �> M1r. .. t ,.-'... j 1 11'LJrL - �I i" �; �_ � -- Owner Services Disclosure L Does the Owner have any existing financing(mortgage,deeds of trust,cross-ootlateralluNon,etc)or are they considering any }'sanding In a 'section with the subject of the application or any business operating or to be operated on the property? ❑Yes tin • If yes,identify the f nancial institutions providing the service. 2. Does the Own r have a real estate broker/agent/manor for anent and anticipated future sales of the subject property? ❑Yes DNo • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns pnovidOy in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm aid individual providing the service. 4. Does the Owner have services from an architect/landscape aMdtect/land planner provided/(n connection with the subject of the application or any business operating or to oe operated on the property?❑Yes No • If yes,Identify the fern and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes a No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contrac1to in connecon with the subject of the application or any business operating or to be operated on the property?❑Yes Oil NO • If yes,Identify the company end individual providing the service. 7. Ooes the Owner have an engineer/surveyor/age9t In connection with the sub)ect of the application or any business operating or to be operated on the property?❑Yes L'0 No • tf yes,Identify the firm and individual providing the service. Revised 11.09.2010 6 j P a g e Virginia Beach Development Authority Agenda Item 8 Page 41 Disclosure Statement IrxY d4' 8 Is the Owner receiving legal services In cco nectfon with the subject of the application or any buss less operating or to be operated on the property?0 Yes L9 No • V yes,Identify the firm and Individual providing leaa'.the service. Owner Sienatere I certify that all of the Information contained it 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 an responsible for updating the laformatlon provided herein two week prior to the meeting of Planning Commiulon,City Coe ndl,VBDA,C11PA,Wetlands board or any public body or coonwntttee in connection with this application. Owner Signature /t04fit: itivde n' 1 /70i ia41.6 i FX96 .4c- Print Name and Title Date Revised 1I.09 2020 )I p a g e Virginia Beach Development Authority Agenda Item 8 Page 42 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Beach Development Authority Agenda Item 8 Page 43 Corporate Landing Business Park Design Criteria Update Detailed List of Changes l 10.26.2021 Description of Change(s) Existing 1998 July 2021 Design Design Criteria Criteria Reference Reference Page Page Number(s) Number(s) Rewrote Introduction and added aerials and existing 1-2 2-6 images Eliminated established land uses within the Park and 3-8 7 aligned permitted uses with current 11 and B2 zoning Edited the Improvements Provided by VBDA to include 9-10 7-8 shovel ready designation, conduit systems, data center certification and new roadways. Eliminated rolling earthen berms from residential landscape setbacks. Added existing illustrative images and conduit map. Updated the location map,and eliminated the master plan 11-13 6 and master land use plan. Applicable codes have been updated to current standards 14 9 Elimination of separate land use designations for the Park, 14-15 9 reduced building setback along Damn Neck Road from 100' to 50'. A landscape screen is still required within the setback areas. Parking lot setbacks aligned more with I-1 zoning setback 17-18 9 requirements, consolidation of separate land use designations, reduced parking lot setbacks along Dam Neck Road from 75'to 50', Corporate Landing Parkway from 40' to 25', Other public streets, 50'to 25', and between parking lots and buildings (excluding sidewalks) 20' to 10'. Site criteria updated to align more and reduce redundancy 16, 17, 19, 20 9-10 with current zoning code, building codes, landscape guide and public works standards and added illustrative imagery. Revised design criteria to permit fencing with exceptions. 20 10 Revised former"Jogging Trails" section and map to non- 22 &Addendum 11-12 motorized circulation. (2) pg. 11 Revised landscape section to reduce redundancy with 23-38 13-14 zoning code and Landscape Guide. Updated site furnishings and lighting guidance and images 39 &44 14 Revised building criteria to provide more guidance on light 56-58 15-16 industrial and advanced manufacturing building types including more permitted building materials and facade articulation and orientation guidance for large facilities Aligned signage criteria more with current zoning ordinance 45-55 17-18 and eliminated sign details since park signs already exist. 1 Key exhibit and table comparisons. Corporate Landing 1990 Master Plan Corporate Landing 2021 Business Park Map p a _147• kr4i, \'?...-\ Dom Neck Rood ‘ � _- '-'. -_,J.-4" ..1110' ......io Aiii -_,...„,....--,1;----, :2-.-:--7.,, --1,-;)::44 '..,717:7/ ' ---"'; ''''''''''' .4 4i r. : 1 f S s * ,..- l�"�'v( 'r\. ,, t� Pew owned Property f4 A, ~ \`v i u.r/Sidmwafrr pondAl0 .i. ` R ‹,i FNure Seoemwarer Pond ...„., - -,:/ t, 1 Jii:•:-iV '?/'.\' '• t ' ,•••;.=:.:-.1 i (\ vt 00.4. 4,../%44r; „A ::‘,,,A,\:. X.-:.4-,#;.::,vii . 4,,,,,, � a ,s'r� . • { ` r � '. ?'.' F / : 2i • ' am. / 1' 1 CURRENT DESIGN UPDATED CURRENT 11 ZONING CRITERIA DESIGN CRITERIA REQUIREMENTS SETBACKS: Min. building setback Dam Neck 100 ft. 50 ft. 30 ft. Rd. Min. building setback adjacent to 75 ft. 75 ft. 25 ft. Residential Neighborhoods Min. building and parking lot 75 ft. 75 ft. 30 ft.for Ii/35 ft. setback General Booth Blvd. for B2 Min. parking lot setback Corporate 50 ft. 25 ft. 10' per Landscape Landing Parkway Guide Other Public Streets 50 ft. 20 ft. 10' per Landscape Guide Min. parking lot setback side & 15 ft. 15 ft. 0 ft. rear Property Line Between Parking Lots and 10 ft. 10 ft. 0 ft. Buildings 10 ft. (excluding sidewalks) 2 PARKING: CURRENT DESIGN CRITERIA UPDATED DESIGN CRITERIA • One parking space for each 250 square feet of gross • Off-street parking must conform to floor area used for offices. Section 203 of the Zoning Ordinance • One parking space for each 500 square feet of gross as amended. floor area for research and development or one space per employee on the highest working shift, whichever is greater. • One parking space for each 200 square feet of gross floor area for commercial/retail. • One and one-half parking spaces per hotel room. • The width of parking lot drive aisles shall be a minimum of 24 feet. BUILDING MATERIALS: • Recommend architectural materials are glass,granite, • Recommend architectural materials pre-cast concrete, and brick. are glass, granite, concrete, brick, • Bright overall colors shall not be permitted. and metal. • Bright overall colors shall not be permitted. However, bright colors are encouraged to enhance focal points and serve as accents. PARKING LOT SCREENING: • The developer of the individual sites shall provide a • Parking Lot landscaping must continuous evergreen and/or low berm screen along conform to the City of Virginia Beach any side of a parking lot that abuts a public street Landscape Guide as amended right-of-way. • Street trees shall be placed along all • The developer of any site that abuts a storm water roadways within the ROW. One tree retention lake or canal shall provide a landscape buffer shall be provided for every 35' of (minimum width 15 feet) between said lake and/or property line that adjoins or abuts canal and any proposed parking lot. This buffer shall the roadway. be planted with a mixture of deciduous and evergreen plant materials. 3 Item # 8 Virginia Beach Development Authority [Applicant] Virginia Beach Development Authority & FROB, LLC [Property Owners] Modification of Proffers Portion of Corporate Landing Business Park August 11, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Okay, thank you Mr. Horsley. The next item on the consent agenda is agenda Item #8, Virginia Beach Development Authority, and Virginia Beach Development Authority, and FROB, LLC Modification of Proffers. Address is portion of the Corporate Landing Business Park. Is there a representative for this item? Mr. Royal: For the record, Randy Royal, Kimley-Horn and Associates. I'm kind of tagging that John Richardson was formerly representing it, but I was representing Economic Development. On this, I guess I can stand in if need be. Mr. Wall: Are the proffers acceptable? Mr. Royal: Yes sir. Mr. Wall: All right. Mr. Royal: Thank you. Mr. Wall: Is there any opposition for this item being placed on the consent agenda? Mr. Weiner: We are going to go ahead and read it. Mr. Redmond is going ahead and read this into the record, if that's okay. Ms. Smith: Excuse me, if we can make a clarification -- Mr. Royal. Mr. Weiner: We understand that the Development Authority is the actual applicant. Ms. Archer: I'm on the Economic Development department staff that helped, write that, and I'm standing by. Mr. Wall: Thank you. So I guess the proffers are acceptable in that case? So again, is there any opposition for this item being placed on the consent agenda? Hearing none, here we have asked Mr. Redmond to read this into the record. 1 Mr. Redmond: Thank you, Mr. Wall. This is an application by the Virginia Beach Development Authority, owners of the property of Virginia Beach Development Authority and FROB, LLC, which is an adjacent property owner. And this is a Modification of Proffers. Specifically,the application is seeking a Modification of Proffers to update the design criteria for a portion of Corporate Landing Business Park. Park property was rezoned in 1988, and the design criteria was adopted in 1990, with an amendment added in 1998. The new design criteria seek to ensure the Corporate Landing Business Park remains relevant for current and future market opportunities, reduce redundancy and to better align the document with current codes and requirements. To consolidate multiple subsequent amendments into one user friendly and attractive document, permit more flexibility with new and innovative materials and construction methods and provide more guidance on light industrial and advanced manufacturing building types. In short, the purpose of this amendment is to modernize the design criteria --the 31-year old design criteria for Corporate Landing Business Park, which very recently has enjoyed a burst of interest and activity of which we all should be quite happy and proud. If you think about it, the car you drove 31 years today is quite a bit different than the one you might have today. And design criteria for a project the size of Corporate Landing, very probably ought to be modernized just as your transportation means would be as well. There is beginning on page three of the staff report on this particular item, a table which lists the changes from the current design criteria to the updated design criteria. I will not recite them all here. If anybody has any questions about how specifically the criteria are changing, I would urge you to consult the staff report on this. In short, it is a modernization of how Corporate Landing Business Park is to be designed. The city and adjacent property owners are the applicants. There is no opposition to the request. Planning Commission therefore places it on consent, Mr. Wall. Mr. Wall: Okay, thank you, Mr. Coston. That was the last item on the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permit for Short-Term Rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up in opposition. These are agenda items number 13, 14, 15, 16 and 17. Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items number 1, 8, 9, 10, 11 and Short-Term Rental items# 13, 14, 15, 16 and 17. Mr. Weiner: We have a motion for approval for the second. We have a motion Mr. Wall as second by Ms. Oliver and we have any one abstaining? Mr. Graham: I have a letter pursuant to the state and local government Conflict of Interest Act. I have a letter on file making the following declaration. The agenda item #1 is financed by Towne Bank and I hereby make this disclosure that I serve on an 2 advisory board at Towne Bank, which makes no loan decisions. And I believe that I can participate in this vote. Mr. Weiner: Mr. Inman. Mr. Inman: Likewise, I would like to make the following declaration. Agenda item #1, being financed by Towne Bank. I serve on the Advisory Board of Towne Bank, and make no decision on loans and feel like I can participate fairly in this vote. Mr. Weiner Mr. Redmond, short term rentals. Mr. Redmond: Yeah. I am happy to do it now, we are not there yet, but...oh, we are there. Okay, I have a letter on file with the City Attorney's Office and have for some months. I have a client who is in the travel industry and has some business that is involved with short-term rentals, therefore, I do not vote on any Short-Term Rental applications or any of the ordinances with regard to Short-Term Rentals and I repeat that that letter, which I renew monthly is on file with the City Attorney. Thank you. Mr. Weiner: Madam Clerk, that's everything. Madam Clerk: Okay, vote is open. By recorded vote of 9 in favor and 0 against agenda items 1, 8, 9, 10 and 11 have been recommended for approval. By recorded vote of 8 in favor, 0 against with one abstention. Agenda items 13, 14, 15, 16 and 17 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the 3 proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within Corporate Landing and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Except for permanent facility construction, exterior storage shall be prohibited. Proffer 5: Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 6: Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. Proffer 7: All loading docks and dumpster areas that are visible from the lake area or street shall be screened with a wall a minimum of 8 ft. that matches the materials used on the building. Dumpsters shall also be gated. The screen wall shall be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval. Proffer 8: Those uses permitted in I-1 and B-2 zoning are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer 9: 4 The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 50 ft. c) Adjacent to General Booth Blvd. 30 ft. d) Adjacent to Corporate Landing Parkway 25 ft. e) Other Public Streets 20 ft. f) Side & Rear Property Line 15 ft. g) Between Parking Lots and Buildings 10 ft. (excluding sidewalks) Proffer 10: The following are the parking requirements: a) Off-street parking must conform to Section 203 of the Zoning Ordinance as amended. b) The City's parking requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. c) Parking lot landscape standards shall conform to the City of Virginia Beach Landscape Guide as amended. Proffer 11: The Corporate Landing Business Park Design Criteria, dated July 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, land use, responsibilities of the VBDA, grading, drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. Staff Comments: The Proffers provide more flexibility for developments within the Park to create a more marketable and comparative business park in the region. Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 5 1996 Proffers That Remain in Effect for The Remainder of The Park 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D) shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers, within the R & D and MDO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein, the prior Proffers shall remain in full force and effect. 1989 Proffers That Remain in Effect for The Remainder of The Park 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical, financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers, freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling, warehousing, storage or distribution establishments. 6 10. Eating and drinking establishments in connection with other permitted uses (no free- standing restaurant sites). 11.Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical, financial, nonprofit, professional, and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses (no free- standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools, colleges and universities. 9. Public utility facilities. 10.Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space, and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries, confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios, offices, and clinics. 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent 7 properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores, beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists, gift shops and stationery stores. 10. Service and repair services for business machines, sign shops and other small service businesses. 11. Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000) square feet. 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18.Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. 22. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings. 23.Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area, width, yard spacing, floor area ration, and coverage: 8 R & D MDO MXD2 Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 75' 75' 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' Maximum Floor Area Ratio .50 .90 .90 Maximum Building and Paved Area Coverage (excluding outside plaza and 75% 60% 75% gathering areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 50' 50' 50' Minimum Yard Setback Adjacent to Other Public Streets 50' 50' 50' Minimum Yard Setback Adjacent to Private Streets (excluding access drives & 25' 25' 25' parking lot drive aisles) Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines (excluding common 15' 15' 15' drive aisles between parcels) Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 15' Minimum Yard Setback Between Parking Lots & Buildings (excluding 20' 20' 0' sidewalks) 9 4. The maximum building height for the various use classifications located within the property are as follows. A. R&D: 35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300' of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2: 35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5. General Requirements Applicable to all use classifications located within the property. A. Parking Requirements: The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift, whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however, such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. 10 C. Landscape Requirements (Minimum) 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm (minimum height four(4)feet up to approximately ten (10)feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer(minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6. The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. 11 DESIGN CRITERIA ,VVV CORPORATE NIN/NI LANDING A DEVELOPMENT BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY • CORPORATE LANDING VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH, VIRGINIA DESIGN CRITERIA September 26, 1990 INCLUDING DESIGN CRITERIA ADDENDUM #2 AUGUST 18, 1998 INTRODUCTION ARTICLE 1: THE PARK 1. 01 MASTER PLAN 1.02 LAND USES 1.03 IMPROVEMENTS PROVIDED BY DEVELOPER EXHIBIT A LOCATION MAP EXHIBIT B MASTER PLAN EXHIBIT C MASTER PLAN LAND USE ARTICLE II: THE SITE PLAN 2.01 APPLICABLE CODES 2.02 SITE COVERAGE RATIO AND BUILDING SETBACKS 2.03 BUILDING ORIENTATION 2.04 SITE GRADING AND DRAINAGE 2.05 CURB CUTS AND INTERNAL DRIVES 2.06 PARKING LOT SETBACKS 2.07 PARKING LOT SCREENING 2.08 PARKING REQUIREMENTS 2.09 LOADING AREAS 2.10 EXTERIOR STORAGE 2. 11 FENCING 2 . 12 REFUSE FACILITIES 2 . 13 UTILITIES 2. 14 TEMPORARY FACILITIES 2. 15 JOGGING TRAILS ARTICLE III: THE LANDSCAPE 3 . 01 LANDSCAPING 3 .02 IRRIGATION 3. 03 SITE LIGHTING 3 .04 SITE FURNITURE EXHIBIT D LANDSCAPE PLANTING LIST EXHIBIT E TYPICAL LAKE EDGE EXHIBIT F TYPICAL JOGGING TRAIL EXHIBIT G TYPICAL SCREENING AT PARKING LOTS EXHIBIT H SITE FURNISHINGS EXHIBIT I VARIOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS EXHIBIT J DUMPSTER ENCLOSURE EXHIBIT K SCREENING ADJACENT TO RESIDENTIAL ZONES EXHIBIT L TYPICAL BUILDING ENTRY DRIVES EXHIBIT M LIGHTING FIXTURE STANDARDS ARTICLE IV: SIGNAGE 4. 01 BUILDING SIGNAGE DESIGN CRITERIA EXHIBIT N PARK ENTRY SIGN EXHIBIT 0 INDIVIDUAL BUILDING SIGN (MDO AREA) EXHIBIT P BUILDING CLUSTER SIGN (LDO AND R&D AREA) EXHIBIT Q TENANT SIGNS ON BUILDINGS EXHIBIT R MIXED USE DEVELOPMENT SIGN EXHIBIT S REGULATORY SIGNAGE EXHIBIT T TEMPORARY AND REALTOR SIGNS ARTICLE V: THE BUILDING 5.01 APPLICABLE CODES 5. 02 BUILDING DESIGN CONCEPT 5.03 EXTERIOR MATERIALS AND TREATMENTS 5. 04 COLOR OF MATERIALS 5.05 BUILDING HEIGHTS 5. 06 SCREENING AND LOCATION OF EQUIPMENT ARTICLE VI: REVIEW OF PLANS BY VIRGINIA BEACH DEVELOPMENT AUTHORITY 6. 01 INTRODUCTION 6. 02 PROCEDURES 6.03 REVIEW OF SUBMITTAL REQUIREMENTS 6. 04 BASIS OF APPROVAL 6.05 REVIEW COMMITTEE 6.06 REVIEW TIME 6.07 PUBLIC APPROVALS INTRODUCTION Corporate Landing (the Park) is a planned multi-facted business park encompassing approximately 372 acres of land. The park is strategically located between the proposed alignment of the Southeastern Expressway and General Booth Boulevard. This planned environment offers properties for the development of Corporate Headquarters, Professional Services, Research and Development, High-Tech Facilities, Office Distribution Buildings, Retail, as well as 2 Hotel sites. The office park contains approximately 38 acres of lakes and when completed will include jogging trails, plazas and a variety of outdoor green spaces. Corporate Landing will be developed and maintained with an attractive "park-like" setting with high quality buildings integrated into a natural landscaped environment. It is the intent of the Virginia Beach Development Authority (VBDA) to encourage the construction of attractive quality environs throughout the park. It is for this reason that the Design Criteria herein are established to complement the various other covenants which the VBDA presently has in place. 1 ARTICLE 1: THE PARK 1.01 MASTER PLAN A. Plan Concept: Corporate Landing, shown on (Exhibits A, B and C) , has been developed to illustrate the intent to develop a unified concept without imposing undue restrictions upon the development of individual sites within the park. This Master Plan, in addition to the layout of the sites, shall incorporate exterior lighting, signage, and landscaping criteria for each of the individual sites. B. It is for this reason that the design criteria herein are established for site density, building materials, landscaping, signage, site furniture and site lighting to insure the fruition of a unified, qualitative park environment. The design criteria and master plan have been created by and are subject to modification and revision by the Virginia Beach Development Authority. 2 1.02 LAND USES A. Land uses within the park have been established for the various building types which will be housed in the park, see (Exhibit C) . The following is a description of these districts. Each site developer shall be responsible for compliance with the requirements of the approved rezoning application. 1. LDO DISTRICT (LOW DENSITY OFFICE USE) : This classification refers to the development of one and two story office buildings with a maximum building height of 35 feet. USE a. Business, medical, financial, nonprofit, professional and similar office buildings. b. Lithographic and publishing establishments. c. Public buildings and grounds. d. Vocational, technical, industrial, and trade schools. e. Motion picture studios. f. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach City Zoning Ordinance. 3 2. MDO DISTRICT (MEDIUM DENSITY OFFICE USE) : This classification refers to the development of mid-rise office buildings with a maximum building height not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300' of the right-of-way of General Booth Boulevard shall exceed 40' in height. USE a. Business, medical, financial, nonprofit, professional, and similar office buildings. b. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites. c. Motion picture studios. d. Printing, lithographic or publishing establishments. e. Recreational facilities of an outdoor nature in accordance with the Virginia Beach City Zoning Ordinance. f. Vocational, industrial and trade schools. g. Recreational facilities other than those of an outdoor nature. h. Public and private schools, colleges and universities. i. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and - subordinate to principal uses in accordance with the Virginia Beach City Zoning Ordinance. 4 3. R&D (RESEARCH AND DEVELOPMENT/OFFICE WAREHOUSE DISTRICT) : This classification refers to the development of one and two story office/warehouse buildings with a maximum building height of 35 feet. USE a. Business, medical, financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. b. Establishments such as linen suppliers, communication services and canteen services. c. Light assembly, processing, extracting, packaging or fabricating establishments. d. Motion picture studios. e. Printing lithographic or publishing establishments. f. Public utilities installations and substations including offices. g. Radio or television transmission and relay stations. h. Wholesaling, warehousing, storage or distribution establishments. i. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites) . j . Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach City Zoning Ordinance. 5 4. MXD DISTRICT (MIXED USE DEVELOPMENT) : This classification refers to the development of a mixed use complex that would provide retail shops, a hotel, restaurants, office space, sports and recreation centers with a maximum building height not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street. USE a. Automotive rental, parts and supply stores in connection with other permitted uses. b. Business, medical, financial, nonprofit, professional and similar office buildings. c. Eating and drinking establishments. d. Establishments such as linen suppliers, communication services, and canteen services. e. Hotels. f. Printing, lithographic or publishing establishments. g. Recreational facilities of an outdoor nature. h. Recreational facilities other than those of an outdoor nature. i. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach City Zoning Ordinance. 6 5. MXD2 DISTRICT (MIXED USE DEVELOPMENT) : This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space and similar uses with a maximum building height of 35 feet. a. Automobile service stations or repair facilities that perform the same functions as cited in Sub-Section 111 of the Virginia Beach Zoning Ordinance. b. Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold at retail and only on the premises. c. Business studios, offices and clinics. d. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) _ a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. e. Child care and child education centers. f. Drugstores, beauty shops and barbershops. g. Eating and drinking establishments without drive-through windows. h. Financial institutions. i. Florists, gift shops and stationery stores. j . Service and repair services for business machines, sign shops and other small service businesses. k. Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000) square feet. 7 1. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. m. Laundry and dry cleaning agencies. n. Medical and dental offices. o. Museums and art galleries. p. Job and commercial printing. q. Personal service establishments, other than those listed separately. r. Athletic clubs. s. Public utilities installations and substations, including offices. t. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) feet of floor area. u. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on premises; retail sales and display rooms. v. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings. w. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach City Zoning Ordinance. A. Notwithstanding the above, no building or other structure shall exceed the height limits established by the Virginia Beach City Zoning Ordinance regarding air navigation. 8 B. The Virginia Beach Development Authority (VBDA) , maintains the right of approval of the property's use. The VBDA with the concurrence of the Virginia Beach City Council maintains the right to alter or adjust the boundaries of the land use districts. 1. 03 IMPROVEMENTS PROVIDED BY DEVELOPER The following site improvements will be provided as shown on drawings available from Virginia Beach Development Authority: A. Roadways: Estates Drive, Culver Lane and Corporate Landing Drive. B. Utilities: Water, electricity, sanitary sewer and telephone shall be provided to within the right of way of the three roads listed in A above or within an easement adjacent to the right of way. Connections to these major lines will be the responsibility of the site purchaser. C. Signs: Park entrance signs shall be freestanding and will be located at the intersections of the main entrances into the park. Directional and traffic signs will be provided as required. See Sign Exhibits for example of park signs. D. Landscaping: Landscaping of the common areas at the park's entrances with irrigation will be provided. E. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Red Wing, Dam Neck Estates, and Strawbridge, a rolling earthen berm (minimum height four (4) feet up to approximately ten (10) feet) with appropriate evergreen plantings to provide a buffer between the park and adjacent residential neighborhoods. Where the park abutts property not currently developed for residential use, the Development Authority will reserve a 75 foot strip of land for the future placement of a berm with evergreen plantings, should said adjacent property be developed into residential neighborhoods, see (Exhibit K) . Property owners within the park 9 shall be responsible for maintaining the berm along their entire length of property. Maintenance shall consist of weeding, fertilizing and watering of all trees, shrubs and lawn area to maintain healthy plant life. In addition all lawn areas shall be maintained at 2 1/2" in height and cut when lawn areas reach 4" in height. 10 1 OQo 71: //s (// • • • % i1i1i1i1i1i1i1i1i1i1i1i1i1i1i1•i•. i1•�••••�i�i1.1.••••�••i1i1••• `�+ Di1.1ii1i1i1.1.1.1i1i1.1iiii1.1i •1.1.1••i1.1.1i••••1.1.1•:i•.::: .:•• ••1.1••1.1•••1.11•••. — / 1.1111111111111.1••11* - ••••••1.1.1••1•••••1.1• '.1•••1•••1•••••1•••••••••1•••••••••••••1•1•••••1•••1•1•1•••1•1•••• DMA KU ESTATES _ •�• ••1.111.1.1•••1.1••11.111111' • Z' ••••••••••••••••••• ••••••••••••••••• • •.1.11••11.11••••• •1••1•••1.111••11 i•••••••••••••••••••••••••••�•••• •••�•�•� :.; I. •.••••1••••�1.1.1.1.1.1.1.111 V(Vf s •.• ••�•••••••••••••••••�•••• R BAN f _ . _____T , .•.. >iiiiiiiii• •• -.1 %•••••••/1.1•• STRAMUDGE 1••••••••//•' \\ 1 . 4. VS0 LOCATION MAP A h i000' sodo 1060' 11 N . e G r -bNn c . -,........... -41111111111r f• ri '\ ...0 1111 . 4dietki:•,•‘ ' * ' . i, it ,* I l ,yea . -.� a . tS ) ,'. „., :"7..e:0: 1.).'0 �'• I ./ 4. _, '.',g.` fr'e. - , . 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Development of all property within Corporate Landing is governed by the requirements and restrictions of the recorded Zoning Proffers of the VBDA as well as the various ordinances and laws of the agencies of the City of Virginia Beach and the State of Virginia. It is the responsibility of the individual site developer to verify and conform with all requirements of governing agencies and obtain and maintain all necessary permits during the development of the property. 2. 02 SITE COVERAGE RATIO AND BUILDING SETBACKS A. The following chart lists the building requirements within the various classifications for minimum lot area, width, yard spacing, floor area ratio, and coverage: R&D LDO MDO MXD MXD2 Minimum Lot Area 3.5 Ac 2.0 Ac 3. 5 Ac 3. 5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' 100' 100' Minimum Yard Setback Dam Neck Road 100' 100' 100' ---- ---- Minimum Yard Setback General Booth Boulevard ---- ---- 75' ---- 75' 14 R&D LDO MDO MXD MXD2 Minimum Yard Setback Corporate Landing Parkway 75' 75' 75 ---- 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Property Lines 30' 30' 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' 30' 30' Maximum Floor Area Ratiol .50 .50 .90 .90 .90 Maximum Building and Paved Area Coverage 75% 60% 60% 65% 75% 1. Floor Area Ratio: The ratio of floor area to land area expressed as a percent or decimal which shall be determined by dividing the total floor area on a zoning lot by the lot area of that zoning lot. 15 2.03 BUILDING ORIENTATION A. Buildings to be constructed at Corporate Landing shall be sited in general accordance with the master plan and as approved by the VBDA. Primary building axis shall be as directed by the VBDA. 2.04 SITE GRADING AND DRAINAGE A. The site grading of each individual building site in Corporate Landing shall be done in a manner complimentary and compatible with the adjacent sites and with the overall land plan. All site grading shall be approved by the VBDA. All site grading shall have a minimum 1% positive drainage. B. No slopes in the Park shall exceed 3 to 1 unless approved by VBDA. C. All paved areas shall have a minimum 1% slope (1:100) . D. All grading plans shall indicate locations of any large existing trees (6" caliper and larger) and tree masses. E. The utilization of best land management practices and the stormwater management ordinance shall be incorporated into the master drainage plan for Corporate Landing and each individual site drainage plans. F. Drainage easements shall be dedicated to the City of Virginia Beach as required by the Corporate Landing master drainage plan and individual site development. G. Erosion and Sediment control for all site development shall be in accordance with the specifications outlined in the Virginia Erosion and Sediment Control Handbook. 16 • 2.05 CURB CUTS AND INTERNAL DRIVES A. Curb Cuts: 1. Curb cuts shall be as shown on (Exhibit B) . Any variations shall be as approved by the VBDA. 2. Curb Cuts for 2-way drives may not exceed 36 feet in width. 3. Curb cuts for one way drives with an island in the center shall be as follows: a. The drive exiting shall not exceed a _ total of 24 feet in width for both the left and right turn lanes. b. The drive entering shall not exceed 15 feet in width. c. The island in the center shall be 15 feet wide. 2.06 PARKING LOT SETBACKS A. The following chart lists the minimum parking lot setback requirements within the various classifications of the property. R&D LDO MDO MXD MXD2 _ Minimum Yard Setback Adjacent to Dam Neck Road 75' 75' 75' ---- ---- Minimum Yard Setback General Booth Boulevard ---- ---- 75' ---- 75' Minimum Yard Setback Corporate Landing Parkway 40i1 50' 50' ---- 50' Minimum Yard Setback Adjacent to Other Public Streets 40' & 50'1 50' 50' 50' 50' 17 • R&D LDO MDO MXD MXD2 Minimum Yard Setback Adjacent to Private Streets (excluding access drives and Parking Lot Drive Aisles 25' 25' 25' 25' 25' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' 75' 75' _ Minimum Yard Setback Side Property Line 15'2 15'2 15'2 15'2 15'2 Minimum Yard Setback Rear Property Line 15' 15' 15' 15' 15' Minimum Yard Setback Between Parking Lots and Buildings (excluding Sidewalks) 20' 20' 20' 20' 0' 1. 40' North of Dam Neck Road 2. Excluding Common Drive Aisles Between Parcels. 18 2. 07 PARKING LOT SCREENING A. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abutts a public street right-of-way. Such buffering shall be located with the parking lot setbacks established by Item 2. 06, see (Exhibit G) . B. The developer of any site that abutts a storm water retention lake or canal with a parking lot shall provide a continuous landscape buffer 4' to 5' in height at installation, with a minimum width of 15 feet. This buffer shall be planted with a mixture of deciduous trees and evergreen trees and shrubs with 90% of the planting being evergreen, see (Exhibit G) . 2.08 PARKING REQUIREMENTS A. The following minimum general requirements are applicable to all use classifications located within the property: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift, whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach City Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowance shall be as required by the city of Virginia Beach City Zoning Ordinance. 19 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot striping shall be white. Special striping shall be as required by the City of Virginia Beach. 9. The requirements indicated above shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. 2. 09 LOADING AREAS A. Loading areas shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas, see (Exhibit I) . B. Location of any loading areas shall be subject to the VBDA approval. 2. 10 EXTERIOR STORAGE A. Exterior storage will not be permitted. 2 . 11 FENCING A. The use of fencing on any site, other than for required screening of trash or equipment, is not permitted. 20 B. Material for screening dumpsters shall be constructed of brick or similar masonry items to match building. Design is to be consistent with and complementary to the building on the site, see (Exhibit J) . C. Screen walls shall not exceed eight (8) feet in height unless approved or directed by the VBDA. D. Prior to construction, all screen walls will require VBDA approval for material, construction, location, color and overall impact. 2. 12 REFUSE FACILITIES A. Trash and garbage facilities shall be located and screened so as not to be visible from any street or right-of-way, adjoining residential neighborhoods and from any of the lake or canal areas. Screen walls shall be constructed of materials similar to building materials while gates shall be black vinyl coated chain link fence with black vinyl slats. (See paragraph 2.11 - FENCING) . A heavier pavement design section along the collection route shall be provided, see (Exhibit J) . 2. 13 UTILITIES A. All utility connections, including all electrical and telephone connections and installations of wires to buildings shall be made underground from the nearest available power source. During installation there shall be no open cuts in any street at any time. No electric meter, gas meter or other meters of any type or other apparatus shall be located on any power pole nor hung on the outside of any building, but shall be placed at grade or within the building served. 21 B. Transformer or similar above ground equipment shall be placed in the most inconspicuous location possible. Where placed at grade, the equipment shall be adequately screened and all such installation shall be subject to prior written approval of the VBDA. Exterior mounted utility equipment shall be painted to match color scheme of the building, see (Exhibit I) . 2. 14 TEMPORARY FACILITIES A. Temporary facilities other than construction related facilities shall not be permitted. Construction facilities shall not be permitted within the front yards and when located in rear yards shall be removed immediately upon completion of the permanent facility. B. During construction a construction entrance installed in accordance with the specifications in the Virginia Erosion and Sediment Control Handbook shall be provided to prevent dirt and mud from being tracked out onto the street. If dirt, mud, etc. are tracked onto the public street, the site owner shall have it cleaned within 24 hours or VBDA will have it cleaned and charge the site owner for the service. 2.15 JOGGING TRAILS A. Each developer or owner of a site shall construct all jogging trails that pass through their property or properties, see (Exhibit B) for location and (Exhibit F) for construction. 22 ARTICLE III THE LANDSCAPE 3.01 LANDSCAPING A. Corporate Landing is intended to have a park setting with a strong emphasis on the landscaped environment. This emphasis will provide an overall visual continuity throughout the park and will serve as a backdrop for the development of each individual site. During the individual site development stage, the landscape architect shall give careful consideration & analysis to respond to surrounding site components such as site context, open space, landmarks, views and vistas, streetscapes and the protection of existing vegetation. In addition, the utilization of the provided list of plant materials into planting schedules, the incorporation of the General Requirements as described herein for new planting into drawings and specifications and the implementation of design criteria as illustrated in the enclosed exhibits shall be required. B. Protection of Existing Vegetation: Site developer, through sensitive grading and drainage plans, shall save stands of natural vegetation 15' outside of all proposed building walls and 5' outside of all paved areas. The building developer shall identify, "flag", and barricade up to the tree dripline such stands prior to site clearing or grading operations. Storage of materials or equipment shall not be allowed within these barriers during construction and barriers shall not be removed until finish grading of sites has been completed. All City of Virginia Beach and State of Virginia tree protection notes are applicable and shall be enforced. 23 C. General requirements of new plantings: 1. All shade trees along pedestrian walkways shall have a minimum branch hang height of 6'-8". 2. Where shrubs or groundcovers are used, "massing" is required unless otherwise approved. Extensive varieties of plants within one planting bed is discouraged. 3. Sod rather than seeding is required within 50' of all buildings and along all adjacent roadways which the property lines front. Minimum width of sod along roadways shall be 15' if applicable. 4. Flowering trees shall have a minimum caliper of 1 1/2"-2" . 5. Shade trees shall have a minimum caliper of 3 1/2"-4" except for shade trees in parking lots which shall have a minimum caliper of 2 1/2" - 3". 6. Within the parking field and in adjacent curbed planting areas, there shall be one shade tree per 10 parking spaces with a minimum ground area of 8' x 17' surrounding the tree. 7. Continuous evergreen screening shall be required along any side of a parking lot that abutts the right-of-way of any street, lake or canal. Minimum height of plant screen along the right of way of any street shall be 30" , planted 3 ' o.c. ; where parking lots are visable from lakes or canals the plant screen shall be 4 ' to 5' in height, planted 3' o.c. Berming may be substituted and shall be a minimum height of 3' . 8. The attached plant list shall dictate varieties to be used unless otherwise allowed by the VBDA see (Exhibit D) . 9. All building entry drives shall be well landscaped with a combination of evergreen shrubs and flowering shrubs or flower beds, see (Exhibit L) . 24 10. All site utilities such as heat pumps, transformers, etc. shall be screened with an evergreen shrub with spacing not to exceed 3 ' o.c. Height of shrub at installation shall be a minimum height of 4' to 5' , see (Exhibit I) . 11. All visible loading docks or loading areas that abut property lines or street right of ways shall be screened with evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 36" with spacing not to exceed 3' o.c. , minimum height of evergreen trees shall be 4 '-5' in height with spacing not to exceed 8 ' o.c. , see (Exhibit I) . 12. For all office buildings a minimum budget of $2.00 (1990 dollars) per square foot of building is required for lawn, planting and irrigation. Each year following, the budget shall be increased 5% per year. The contractor shall submit a landscape cost estimate to the VBDA with the submittal of the construction documents. 13. All planting bed areas shall be covered with a 2" layer of shredded hardwood mulch. 14. All plant material, topsoil, mulch, fertilizers, etc. shall be subject to VBDA approval. Rejected materials shall be removed from the site without delay. 15. Location of underground utilities shall be determined prior to start of work to avoid damaging. 16. All planting operations shall be under the supervision of an experienced plantsman. 17. All landscape planting plans shall be prepared and sealed by a landscape architect certified to practice as such in the Commonwealth of Virginia. 18. All plants shall be nursery grown & shall be in accordance with the most recent edition of the "American Standard for Nursery Stock. " Spaded trees may be accepted if approved by the VBDA. 19. All entry drives into each building site shall be landscaped, see (Exhibit L) . 25 20. Street trees(3 1/2" - 4" caliper, 14 ' to 16' in height) shall be placed along all roadways, within the right of way, which properties abut or adjoin. One tree shall be provided for every 35' of property line that adjoins or abutts the roadway. Existing street trees, 75' off the property line, in both directions, if applicable, shall be located and shown on all landscape planting plans. The spacing of all new required street trees shall tie into existing trees maintaining a maximum spacing of 35' on center. See streetscape plan which shall be provided by the VBDA. 21. In addition to the above requirements all landscaping shall comply with the City of Virginia Beach Landscape Ordinance. Any discrepancy between the Design Criteria requirements and the City of Virginia Beach Landscape Ordinance, the more stringent requirements shall govern. 3.02 IRRIGATION A. Each site developed shall have an automatic irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. Lawn areas and shrub beds shall be on separate zones. 3 .03 SITE LIGHTING A. The intent is to create a uniform lighting system for the exterior lighting of the park, and shall be the fixture type shown in (Exhibit M) . Therefore, the following requirements have been established: 1. Parking light fixtures shall be a maximum height of 30' , see (Exhibit M) . 2. Low bollard fixtures or landscape lighting is recommended for walks and building entries, see (Exhibit M) . 26 3. Building mounted floods will not be permitted, except in completely internalized service courts for the research and development (R&D) areas. In each case where this is applicable the user shall obtain approval from the VBDA at the construction document approval stage. 4. Lighting in parking lots, walkways, signage and on all buildings shall be "cool white" mercury vapor lamps. Lighting in all public right-of-ways shall be high pressure sodium. 5. Lighting levels will be determined by the recognized standard of the lighting industry, as specified in the "Lighting Handbook of the Illuminating Engineering Society". Lighting levels in parking lots shall be minimum . 5 foot candles. 6. Accent lighting of buildings, landscaping and signage is required. 7. All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. 3.04 SITE FURNITURE Site furniture shall include benches, seats, tables, trash receptacles, and planters, and may be placed at building entrance plazas and at entry walks. All site furniture shall be selected from a list of standard furniture, provided by the VBDA, see (Exhibit H) . 27 Shade Trees Botanical Name Common Name Minimum Size Acer rubrum Red Maple 14 ' to 16' Ht. 3-1/2" - 4" Cal Acer platanoides Norway Maple 14 ' to 16' Ht. 3-1/2" - 4" Cal Betula nigra River Birch 14 ' to 16' Ht. 3-1/2" - 4" Cal Ginkgo biloba (male) Ginkgo Tree 14 ' to 16' Ht. 3-1/2" - 4" Cal Gleditsia triacanthos Honey-Locust 14 ' to 16' Ht. Varieties 3-1/2" - 4 ' Cal Nyssa Sylvatica Black Gum 14 ' to 16' Ht. 3-1/2" - 4" Cal Platanus acerifolia 14' to 16' Ht. Bloodgood London Plane Tree 3-1/2"-4 ' Cal Quercus acutissima Sawtooth Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal LANDSCAPE PLANTING LIST D 28 Shade Trees Botanical Name Common Name Minimum Size Quercus borealis Northern Red Oak 14' to 16' Ht. 3-1/2" - 4" Cal Quercus coccinea Scarlet Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal Quercus darlingtonia Darlington Oak 14' to 16' Ht. 3-1/2" - 4" Cal Quercus nigra Water Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal Quercus palustris Pin Oak 14' to 16" Ht. 3-1/2" - 4" Cal Quercus phellos Willow Oak 14' to 16' Ht. 3-1/2" - 4" Cal Quercus Virginiana Live Oak 14 ' to 16' Ht. 3-1/2" - 4" Cal Sophora Japonica Japanese Pagoda Tree 14' to 16' Ht. 3-1/2" - 4" Cal Taxodium Distichum Bald Cypress 14 ' to 16' Ht. 3-1/2" - 4" Cal Tilia cordata Little Leaf Linden 14' to 16' Ht. 3-1/2" - 4" Cal Zelkova Serrata Japanese Zelkova 14' to 16' Ht. 3-1/2" - 4" Cal LANDSCAPE PLANTING LIST D 29 Flowering Trees Botanical Name Common Name Minimum Size Acer buergeranum Trident maple 8'-10' Ht. 2-1/2" - 3" Cal Acer palmatum Greenleaf Japanese Maple 5'-6 ' Ht. 1-1/2" - 2" Cal Acer Palmatrum Atropurpureum Redleaf Japanese Maple 5'-6' Ht. 1-1/2" - 2" Cal Cercis canadensis Eastern Redbud 6'-8 ' Ht. 1-3/4" - 2" Cal Cornus species Dogwoods 6'-8 ' Ht. 1-3/4" - 2" Cal Carataegus species Hawthorns 6'-8 ' Ht. 1-3/4" - 2" Cal Lagerstroemia indica Crapemyrtle 6'-8 ' Ht. 1-3/4" - 2" Cal Magnolia soulangiana Saucer Magnolia 6'-8 ' Ht. 1-3/4" - 2" Cal Magnolia Virginiana Sweetbay Magnolia 6'-8 ' Ht. 1-3/4" - 2" Cal Malus varieties Flowering crabapples 6'-8 ' Ht. 1-3/4" - 2" Cal Prunus cerasifera Purpleleaf Plum 6'-8 ' Ht. 'Thundercloud' 1-3/4" - 2" Cal Prunus species Flowering Cherries 6'-8 ' Ht. 1-3/4" - 2" Cal Pyrus calleryana Bradford Pear 6'-8 ' Ht. 'Bradford' 1-3/4" - 2" Cal LANDSCAPE PLANTING LIST D 30 Evergreen Trees Botanical Name Common Name Minimum Size Cupressocyparis leylandi Leyland Cypress 4 '-5' Ht. Ilex attenuata 'Fosteri' Foster's American Holly 5'-6' Ht. Ilex opaca (Female) Berried American Holly 5'-6 ' Ht. Magnolia grandiflora Southern Magnolia 5'-6' Ht. Pinus strobus White Pine 4 '-5 ' Ht. Pinus taeda Loblolly Pine 4 '-5 ' Ht. Pinus thunbergi Black Pine 4 '-5' Ht. LANDSCAPE PLANTING LIST D 31 Large Shrubs Botanical Name Common Name Minimum Size Azalea indica Indian Azalea 18"-24" Ht. & Sp. Ilex species Hollies 18"-24" Ht. & Sp. Juniperus species Junipers 18"-24" Ht. & Sp. Kalmia Latifolia Mountain Laurel 2-1/2 '-3 ' Ht. & Sp. Magnolia Virginiana Sweet Bay Magnolia 2-1/2 '-3 ' Ht. & Sp. Myrica cerifera Southern Wax-Myrtle 2-1/2 '-3 ' Ht. & Sp. Osmanthus Species Osmanthus 2-1/2 '-3 ' Ht. & Sp. Photinia frazieri Red Photinia 2-1/2 '-3 ' Ht. & Sp. Photinia serrulata Chinese Photinia 2-1/2 '-3 ' Ht. & Sp. Pyracantha coccinea varieties Firethorns 2-1/2 '-3 ' Ht. & Sp. Viburnum species Viburnums 2-1/2 '-3 ' Ht. & Sp. LANDSCAPE PLANTING LIST D 32 Medium Shrubs Botanical Name Common Name Minimum Size Abelia species Abelias 15"-18" Ht. & Sp. Aucuba japonica Japanese Aucuba 15"-18" Ht. & Sp. Azalea obtusum Kaempferi Kaempferi Azalea 15"-18" Ht. & Sp. Berberis julianae Wintergreen Barberry 15"-18" Ht. & Sp. Euonymus alatus Winged Euonymus 15"-18" Ht. & Sp. Ilex species Hollies 15"-18" Ht. & Sp. Juniperus species Junipers 15"-18" Ht. & Sp. Myrica pennsylvania Northern Bayberry 15"-18" Ht. & Sp. Nandina domestica Heavenly Bamboo 15"-18" Ht. & Sp. Pieria japonica Japanese Andromedia 15"-18" Ht. & Sp. Prunus laurocerasus Schipka Cherry Laurel 15"-18" Ht. & Sp. 'Schipkaensis' Pyracantha coccinea Lowboy Firethorn 15"-18" Ht. & Sp. Lalandi "Lowboy" Raphiolepsis Incica Indian Hawthorn 15"-18" Ht. & Sp. Spiraea species Spireas 15"-18" Ht. & Sp. LANDSCAPE PLANTING LIST D 33 Small Shrubs Botanical Name Common Name Minimum Size Azalea kurume Kurume Azaleas 15"-18" Ht. & Sp. Berberis thunbergi Crimson Pygmy 12"-15" Ht. & Sp. Atropurpurea 'Nana' Barberry Euonymus alatus Compactus Dwarf winged Euonymus 15"-18" Ht. & Sp. Ilex species Spreading Hollies 15"-18" Sp. Ilex species Non-spreading Hollies 15"-18" Ht. Juniperus species Junipers 15"-18" Sp. Nandina domestica 'Nana' Dwarf Nandina 10"-12" Ht. & Sp. Pinus mugho Mughus Mugo Pine 10"-12" Ht. & Sp. LANDSCAPE PLANTING LIST D 34 Ground Covers Botanical Name Common Name Minimum Size Cotoneaster species Cotoneasters 15"-18" Sp. Hedera helix English Ivy 2-1/4" Pot Iberis Sempervirens Evergreen Candytuft 1 qt. Juniperus horizontalis var. Creeping Juniper Varieties 15"-18" Sp. Juniperus chinensis var. Compact Juniper Varieties 15"-18" Sp. Juniperus conferta Blue Pacific Juniper 15"-18" Sp. Liriope varieties L•iriope 1 qt. Ophiopogan Japonicus Mondo Grass 1 qt. Pachysandra terminalis Japanese Spurge 2-3/4" Pot Vinca minor Periwinkle 2-3/4" Pot LANDSCAPE PLANTING LIST D 35 jA 4 ,' ,� , sly, N • � �, �'"'-+ PLANTING TO BE PROVIDED IN FRONT �i�rr�P y�r �,r ri�� ;y rr'"„,2„.,,,,,.:.,.„.,,<....,,.. ,..` OF BUILDING AT LAKE EDGE d WIlle 0I1.444W;-"4411 'N.., STONE EDGE AS APPROVED BY THE VBDA MAINTAIN GRASS SLOPE / �,' , ,--4— -e"--A—P"rfrIl TO STONE AT WATERS EDGE ' 0 TYPICAL LAKE EDGE 36 \ / ` . . , Av4pip Ai,* - 1p ifill,„- -- --- --. / ...... 404 4. )1101,7,-,, ..-:„........ A., k..--- ,6,0 - -AL.., . . , .,, _„ii 4 • 4494 _A......y,......., 11101/0 .., - ., Ifq Av:.' �y �% ATE ROAD CROSSING ROADWAY 0. \ \..i.: :.: ; :f4j$V . PP ,-11110r....:..• Si �, 1 :-.' w •., , WO 1 x 6 CEDAR EDGING VP 1 • itiVP • ', r - ..,\ ASPHALT (1-1/2' OF S-5) . CRUSHED STONE ( 6' OF 21A OR B) • • el° : *, .: -, / 5. - 0„ • 0- � I itT----•... ......,I.::11.: II El �1-11! iI IIII- ��, 2 x 4 SALT TREATED W_111I —1111 STAKING - 30' O.C. II I I • OSECTION OTYPICAL JOGGING TRAIL NOTE: CROWN JOGGING TRAIL AS REQUIRED TO PROVIDE POSITIVE DRAINAGE 37 PARKING LOT• SHADE TREES AND FLOWERING TREES ROADWAY i. 3/1.111kIkk- -- -•m�P.:'`.rti�i::_utl`„!�',tt I ,.mot. 111111.1. 3' BERMING WITH 3 : 1 SLOPE OR 24' - 30. IN HEIGHT EVERGREEN PLANTING 22' 15' / f-- IMPOUNDMENT EASEMENT - -�� ,, , �; LANDSCAPE BUFFER 4' TO 5' IN HEIGHT LAKE OR CANAL TYPICAL SCREItiNING PARKING LOTS 38, a) M a ilP f d1"^Y • T� 1, lL ` 1 . ri • 4,.. ,.. ' h , •1 O . .', .. - - ,, :II..:. =4 .I.,I•".1.:-i....•l•..i!...'-.7.. . Ifi . ,jJ�i-'•yj ,', F '3 • { i� ..�e .�• �ta;frig.. 1 {� {')/ iJ.1 i s JJP.•.-.r{:�! i�"." } < ff• Syvn, i - a a a rt s �fi : i ' N •tt iki Tr J,1 � �l �� 1 . � 1 ' It • - , A•. C A.�1t i \ a�. ,may; i s :..'',.'_:0 `-,. Sy, . ,-• Af r .. ' k • '. .:--_',,.-•' s47 ty, .. .....,:xv.,,,,,%..,1_,...,z_:f . $ c. f.40.3'. liali i $"It!' A :, ..1/4 ..-:;"-,.• ...?:\.-41f .:A,-`,..f6.: .•l.•. I.' <4.1 .4.1 . _ ,.:, „,.. .. , . , „..,..„ sf, . , . . . . , i ... . .._..... . .. ... . . . . ;•,:‘,.. . ,„:.:, _ _:,..:'---------7.-u A . .. : :;:,.??-. ....-. •,..1:.," ."..' ::,•::' , .• ii. ''.:' .... .....;.t, : : At:‘, • .‘. '\"., T I • -,-' l�i: 1 . a a a /•,a 4' r. r. Z i L,: '�. � _ t 4 OL iiiii,„„ .fix' -,• ,• t 4 66. a a ■ 1/1 r-PROPERTY LINE ( NOT APPLICABLE ADJACENT TO RESIDENTIAL ZONES) • EVERGREEN TREES r6' MIN. • '4. 04441044 t Ai y. .11 ,• e — d w1 O O LOADING Al WAREHOUSE EVERGREEN SHRUB MASSING 3' TO 4' HEIGHT UAL WU V BLDG. 40# I I• :.r 1 I►11 10' MIN. n Io a Ayi i I A 1 fir) �y (� TRANSFORMER i t Q Y :}r•.:•.•.3•.:::':•. tier S r $ ‘,/,-. , - tweL 111CIII NI��yrf r ::: I ` � ;r , \ A� 1rt /II\� ./,���``1r// /'rfll'�''�y1► i/l1`��• U11J1i ... .•r• .. .. M1� .�111 �'.� Ii, __''' III '� ��' '_� EVERGREEN SHRUB o i ryt,i,yl'��: f'Ii11�4.'`i/'!� 4' MASSING 3' TO 4' HEIGHT IOV'i 10 �� Ns';P %!I , '` .. /. TRANSFORMER \�\�r�j i y �,� ii .. �. r 3' MULCH WITH 'fir_ �4 .• AI, ' lil s r'ii‘•: `� SOIL SEPERATOR 1 ./,/1111�� 0,r t� `► EVERGREEN SHRUB MASS 3' TO 4' HEIGHT i III ifI I..11,is ii, I,.. I6) t.iA1/11b.1... 1.1111 OVARIOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS 40 BRICK ROWLOCK ti 8 AS REQ'D. r 8' 2' .% rs %'/. U /,� W ////, //sr BRICK W %/►/ a M IA 0° UPI MI sir pi 1/2' E.). O rr. > FINISHED GRADE IA UP. CONC. SLAB m PI FA < m //% W/ W.W.F. C� UJ 8' CMU MN%//( ` 1. an ►�*W�II1111M1 `-`HIGHEST POINT BLACK VINYL COATED CONC. FOOTING Ca ":o ono • ��►•,REINFORCING CHAIN LINK FENCE GATE W/ III f W/BLACK VINYL SLATS / ���� f TO MATCH WALL H.T. williiiii DUMPSTER ENCLOSURE PLAN WALL SECTION ODUMPSTER ENCLOSURE NO SCALE 41 DECIDUOUS TREE, MINIMUM SIZE AT INSTALLATION 2 1/2' - 3' CALIPER, 12' - 14' HEIGHT rt EVERGREEN SHRUBS MMWIUM HEIGHT + st EVERGREEN TREE MIRIMUM HECHT AT INSTALLATION 2'-3',WITH14,0 AT INSTALLATION 4'- 5' WITH ULTIMATE HEIGHT OF 10'AT MATURITY ULTIMATE HEK7iF OF 30'AT MATURITY / 11-1\, A. , i f'l . , fir AL Vorogi -1 i 1 li 0 14 i i'l , 4ratrAirapliVitik. 22.: itii VI, PROPERTY LINE OF SLOPE 31 MAX. RESIDENTIAL ZONE Ar ,d MIN. if 1 10'MIN. t 75'SET BACK ZONE NOTE: PLANTING SHALL PROVIDE A CONTINUOUS VISUAL BUFFER IN A SERPENTTE PATTERN 0 SCREENING ADJACENT TO RESIDENTIAL ZONES 42 SHADE TREE (TYPICAL) FLOWERING TREE (TYPICAL) EVERGREEN SHRUB MASSING TO CURB ' 4* 1 4) 1 1 4?..'::Z ip r ili..:..4 01) Ith..rit 0 Al >_ 41 ..., for ,,,.... .. , (-, ;ki'' vi'iF 4 #itiati ----10 —:::.44,40, loofr.--- , 'P"''‘' Zit" * *J.:no Aisk viting FA (tit, viii4.1 • ai lir g° t7:10 ipiogNopt` fro `4 i ' 44V I. ' � „-,•111 .,6.41 ►!' (40'/I :M,. a 04Slitti � frlif, nkV.....- Akt !Stii \!!!!'w :,,i,, _.,.../4 astii - Q of '-figP ii ,,a-, ....,(111/4, or - ,..-'41P-41 :iv!,pw kx,4 t.:,4 v ip,411K , AY \v'' s . 1601,1ftwee qmp,op, , 4 t'd io%.• I tido:" "4 iiklEtkil Irv'1... ilt& 'orAl CONTINUOUS 24' HEIGHT MEDIAN EVERGREEN EVERGREEN HEDGE SHRUB MASSING Note: The drawings above are at a conceptual level to indicate the design intent. The landscape architect shall respond to all required City of Virginia Beach visibility triangles for intersections. QTYPICAL BUILDING ENTRY DRIVES 43 er a ■ A:.;.t•i{+vtii.,�_ - :,�.. ..-1.'1: 1•,: 44\■r f•— 4i�^_ •y ••♦a", •�, II 3;'.9st e,-;: „- ems: ,.- _t. F° :l:- k. I—, w✓ '1.:... •• sL - :4 r am:• 4 !, .. "t: •;d. , ,:4:. i)!ai• i •'•Trs: .h --.-.'N ii •..• ,*-�M \,i� .`;,.1:.'' • • ,: ..I•t Y��/ ' ter , f�1tt -,,4.."n_p.y, l't } .•j: .C •• .1 fg4 II "a` :µ'� ..il ^, ,}•i, ....5,;g:=E1. ' '' . '._,...-',-,Z'...-,r. •-_,,:‘:. 7;. p . !ii: -.... : i'fit;•:‘...p,'..1,`• If,,--,a,_. _— -- p,.. ..r_ .........„,__ ,...7....,..x.z.,,,,Th mr.... ....,2, .... . . .. . .iii...,...:2!";...,t..1:• ISEE :Y- '. _- KK •4 r, ■ ■ ■ max. - • 44-eat• . 4 . ,., . .::,..-:..;.:::Y . '....,:.;:::`,...i - r"----7 7/...7...,:::•7:::-..,......v. , i,.‘.„::,: "-- - y. a+ua � i , P - > Fa+ . � •. .' .•+ •�fit',��lgb'�,-Z .. NI III ■ ,, I CIL • • e ✓t,sib r. CC Z ■ ■ . J I i ! , , i I ARTICLE IV SIGNAGE 4.01 BUILDING SIGNAGE DESIGN CRITERIA A. Background: The graphics system will serve to identify, inform and direct vehicular and pedestrian traffic in an aesthetically pleasing manner, in addition to efficiently and effectively moving the traffic throughout the complex. The implementation of a coordinated system is facilitated in the fact that Corporate Landing as a development is being constructed in a planned manner with other protective architectural controls. B. Building Identification: 1. General: The signage exhibits for the buildings within this criteria have been designed to address all building types and functions that will exist within the complex. The system has been designed to provide the following signage types: a. There may be one free-standing site sign for each complex or cluster of buildings within the LDO and the R&D districts, see (Exhibit P) . b. There may be tenant signs on the buildings, see (Exhibit Q) . c. There may be one individual site sign for each building within the MDO district, see (Exhibit 0) . d. There may be one individual site sign for the MXD and MXD2 districts, identifying the name of the MXD and MXD2 centers, see (Exhibit R) . 45 e. Lettering, unless otherwise approved by the VBDA, for all exterior building signage and exterior temporary signage shall be the lettering style optima medium, except for the park entry sign which shall be optima semi bold. C. Location: 1. General: The location of all signs shall be as recommended and approved by the VBDA. All site signs setbacks shall be in accordance with the City of Virginia Beach City Zoning Ordinance. D. Construction: 1. General: All signs shall be constructed and designed in accordance with the design criteria and in accordance with the sign exhibits. In addition, all signs shall comply with the City of Virginia Beach City Zoning Ordinance. E. Ancillary Signage: 1. All sign support structures and the rear of each sign face shall be painted DuPont Imrom Black or equivalent. All signage placed in the right-of-way shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) . However, "Jogging Trails", "Please Drive Slowly", etc. shall not be used in the right-of-way. 2. Regulatory Signs: Standard Department of Transportation (DOT) signs will be utilized, see (Exhibit T) . 3. Informational Signs: These signs, for example, "Jogging Trails", "Please Drive Slowly", etc. , will utilize similar materials in construction as described in Paragraph E. 1, above. F. Temporary Signage 1. General: No temporary signs will be permitted except as described below, see (Exhibit T) . a. Temporary construction signs shall be permitted during the construction of the permanent facility and shall be removed upon issuance of the certificate of occupancy by the City of Virginia Beach. All temporary signs shall be ground mounted. One project construction sign shall be permitted and shall be located parallel to the street and shall include only the following information: Building Name Developer Architect Landscape Architect Consulting Engineers General Contractor Major Tenants Lending Institution b. No subcontractor signs shall be permitted. The temporary construction sign outlined above shall be a minimum of ten (10) feet within the property line and adjacent to the construction trailer. No construction signs will be permitted off site. c. One real estate sign shall be permitted per building and shall be allowed for 6 months. Following this period, additional approval shall be obtained from the VBDA, see (Exhibit T) . 47 G. Plan Submittal and Approval Procedures: The VBDA will consider each site individually. All tenant signs on buildings, as shown in (Exhibit R) , shall be submitted with the construction documents for each building. Four (4) sets of plans of the proposed signage must be submitted to the VBDA prior to their submission to the City of Virginia Beach. Upon approval, one (1) set will be returned to the tenant/owner and three (3) sets will be retained by the VBDA. The plans should include the following: - Sign elevation depicting proposed copy. - Site plan with location of proposed signage. - Shop drawings outlining construction details. Landscaping plan for area surrounding signage with lighting and any required berming. H. Violation and/or non-compliance with the above procedures will allow the VBDA to remove the non-conforming sign at the expense of the owner/tenant. I. Maintenance of all signs shall be required by all tenant/owners. Signs shall be kept cleaned and painted as required to maintain the state of quality that existed at the time of installation. 48 FRONT VIEW AREA FOR LOGO 1/4" X 11"H. .125 GAUGE ALLAMIINtJM POLISHED ALUMINUM SIDE VEW PRIMED AND PAINTED LETTERS MOUNTED TO AS SPECIFLEtD. SIGN FACE - BOQII SIDES. 1' - 0' 6' t o - 6 1-1/2" X 1/4" SOLID Q . Q POLISHED ATIII�IINIl11 k,N BAND RIMED 2b SIGN - _____e- ,, FACE. TYPICAL ', N-- BOTH Sior_S. —'k E CORPORATE LANDING . 1/4' 0. -4 -- ..1t- TYP. +.,- A N O A PLANNED CORPORATE COMMUNITY 1 Ca 1/4" X 5"H. POLISHED ALUMINUM / . --1--—n.t N LEITERS moUNTED TO FACE OF BASE. CONCRETE BASE 'o POSITION AS SIK*iN BOQH SIDES. FINISHED GRADE 45 \ \ '/ \ \ FOOTINGS AS REQUIRED 16' - 0' PARK ENTRY SIGN Q..•9 49 NOTE: CENTER PIECE SHALL BE PAINTED AN INDIVIDUAL FRONT VIEW COLOR TO CENTER COORDINATE PIECE SIDE VIEW WITHLDo, rEo, 3' - 6' BE 1/2" R&D, AND NIXD 1 AREAS OF THE AREA FOR 2' - 6' 6' PTT: 3 EQ PARK. LOGO YP PRIMED 1 —_--- .,k AND 1/4" X 5-1/2" -- PAINTED. TOP VIEW POLISHED VI CD ALUMINUM1" X ----ow. LETTERS �� /1/4" MOUNTED TO SIGN FACE. - CORPORATE SOLID - SHED 3"H LETTERS LANDING' �, POp UMUNIN GRAPHIC CUT 2411-2578 b BAND AND SPRAYED OR PERIMETER N MOUNTED SIGN I SI HIGI�s PARKWAY , O TO E. _IN «� _ FACE.— INIRON PAINT �� .125 - POSITIONED AS / 44 GAUGE SHOWN. c ALUMINUM .- PRIMED _Ni. FINISHED GRADE AND PAINTED. _ tik N FOOTINGS AS REQUIRED INDIVIDUAL BUILDING SIGN © EXAMPLE OF FREESTANDING SIGN TO IDENTIFY INDIVIDUAL BUILDING WITHIN MDO AREA 50 NOTE: CENTER PIECE FRONT VIEW SHALL BE AREA LOGO FOR - AN SIDE VIEW INDIVIEUAL 4' - 8' / OOLOR TO 1 - 0 COORDINATE 1/4" X 7"H e' t 3 4 IT P/ • • wrrH MEO, RLDD, POLISHED --N.--.14,. AND MXD AIUMINUM 135 ao CENTER PIECE AREAS OF THE 7 ETTIERS —'tom �/TO BE 1/2" - PARK. MOUNTED S'1'i L PLATE i SIC FACE. PRIMED AND TOP VIEW I �� PAINTED. .� - \ 4"H MITERS CORPORATE - — 1" X 1/4"GRAPHIC cur LANDING SOLID _ AND SPRAYED POLISHED OR ALUMINUM • 0 BAND MOUNTED IN HIGH '2 41 1-48 2 9 M TO SIGN FACE. _ IMRON PAINT DAM NECK '° POSITIONED AS SH"• ROAD 7 - I `.125 GAUGE I 1 �'� AUJMIMIM �'_ PRIMED AND PAINTED. .► o • FINISHED GRADE- it I FOOTINGS AS REQUIRED BUILDING CLUSTER SIGN P EXAMPLE OF FREESTANDING SIGN TO IDENTIFY A CLUSTER OF TWO OR MORE BUILDINGS WITHIN LDO AND R&D AREAS 51 ICEO IF DESIRED, WHITE VINYL cur LETTERS PREFERABLE - MAX SIZE l'-0" X 1'-0". COPY AREA FOR TENANT NAME SIQIAGE PANEL, AREA, MATERIAL AND COLOR TO MATCH STOREFRONT. L r � U r- L J The above drawings is to serve as an example to illustrate how tenant names on the buildings for the MXD and R&D areas shall be an integral part of the architectural facade of each building. The tenant signage system shall accompany the submittal of the construction documents to the VBDA for approval. This will be required for each and every building. n TENANT SIGNS ON BUILDINGS �1 EXAMPLE OF. SIGN TO IDENTIFY NAME OF TENANT 52 s .,, ...0041,t, tit% . _,,.im- 110-. 6__,,,a-oll. 1 ''.-.; jj.--"L"° a ado Q %' r th V6 tc' it 4. '0 VII7ill I. '‘-• n t i % 1. WO . .41:4' AV:t.61't4I1 ..%°' .P NNW tD N t0 ca O:411 ` < a' Z c • ' i �y \ IS � y 3-7 ,\ f 4 �^ y d O .74 a op \. --\ ,_, -•'-- -' Vffit il i c: Als. trAs°4%..1Z �OAC rp� N W `"P+ W ,,..w t4 TOP VIEW TOP VIEW REFLECIORIZED l i 1 I l 1 1 24" STOP SIGN NOTE: PAINT ALL SIGN POSTS AND BACKS OF SIGNS FLAT BLACK. STYLE PER VIRGINIA CODE FRONT VIEW SIDE VIEW FRONT VIEW SIDE VIEW USE IN OPAQUE DECAL FORM _ ____N- .- -- _ AND APPLY •,,if 4..,,,,,iN NO PARKING, DIRECTLY TO 8 f TOP VIEW SIGN FACE. r 4l: ', FIRE LANE " ®: ? SIGN NO '` "' `% U-TURN AND NO s# e 7 i; PARING A — 1t/ REGULATORY f ANY OrHER SIGN(S) USE THIS FORMAT. 2" BORDER AROUND SIGNS FRONT SIDE -►3" X 3" TO BE PAINTED VIEW VIEW THE SAME _ EXTRUDED COLOR AS SIGN ALUMINUM POST. o POSTS WITH 3" r\ 0 `--�k- WIDE EXTRUDED ALUMINUM SIGN c < FRAME .090", BAKED ENAMELZD - W FINISH. FIBERGLASS FINISHED a BOLLARD WITH m GRADE POLYURETHANE ENAMEL FINISH. 71 f:.. ;.1 Ur'- 4rill j I . 1 1 :in I 1 c 1 1 f I I 1 1 ..:1,1 I 1 I I I I I 1 1 I 1 I I I I I 1 1 I I I I I I 1 1 � � 1 1 1 9' CONCRETE FOOTING X 12' DEEP AND TAMP FILL 0 REGULATORY SIGNAGE 54 NOTE: FRONT AND BACK OF PLYWOOD SIGN FACE AND WOOD 4'-o' SLATS TO BE PAINTED, AS APPROVED. ALL GRAPHICS AND LETTERS TO BE WHITE. \ \ 1— 4'TYP. BUILDING NAME % 3/4" TREATED PLYWOOD LOGO, ETC. 1az.F: OF COPY AREA 4, 4.-cY MAX. N I t DEVELOPERS ob NAME, LOGO, ETC. 8 ARCHITECT REALTORS NAME LANDSCAPE ARCHITECT 5 b LOGO, ETC. CONSULTING ENGINEER GENERAL CONTRACTOR MAJOR TENANTS E 1 FINANCIAL INSTITUTION) L �Nf_ 4, PIP. _,,,____rl fT b �—� 1---T_ I o I �I T T i'T'r c--r—I 1--r-1 tT 1 �, /Y i l 1 t.. _...1C� I T tL ,s.I_L— . 1 i ._._ 1.... I 1 t..,.►__ — / 4" X 4" TREATED WOOD POST. 4" TREATED WOOD SLATS FOOTING AS REQUIRED — TYPICAL EQUALLY SPACED TO GROUND TEMPORARY SIGN REALTOR SIGN 0 TEMPORARY AND REALTOR SIGN 55 ARTICLE V: THE BUILDING 5.01 APPLICABLE CODES A. Construction of all facilities within Corporate Landing are governed by the City of Virginia Beach Zoning Code and the State of Virginia Statewide Building Code, latest ammended edition. 5. 02 BUILDING DESIGN CONCEPT A. Corporate Landing offers the highest quality of design and creativity in the park's building construction. In order to insure the development of a harmonious corporate environment, the following design parameters have been established. B. The General Building Concept is to build one story to multi-story buildings, set in a landscaped environment that maintains an aesthetic continuity throughout the park. Each designer is encouraged to express individuality and creativity while blending his or her design into the sites surrounding context. The general design context should reflect a high quality, modern corporate image. Colonial or historical designs shall not be permitted. All designs are subject to the VBDA's approval. It is intended that the basic harmony of the park's architecture shall prevail so that no building shall detract from the attractiveness of the overall environment. 5.03 EXTERIOR MATERIALS AND TREATMENT A. Exterior building materials shall be of types that are durable and permanent in quality and appearance. Exterior finishes should require little or no maintenance. Wood and metal siding is prohibited. Recommended architectural materials are glass, granite, pre-cast concrete, and brick. 56 B. Glazing shall be the type to prevent vision from the exterior to the inside during daylight hours, i.e. reflective glazing or black glazing. C. Sealant shall match mortar color. D. All roof top or grade mounted equipment shall be painted black and screened with a permanent material such as masonry or equal. E. Exposed louvers, similar metal panels inserts, or penthouse enclosures are to be painted to match the masonry color or predominant metal color on the building. F. Exposed handrails shall be painted to match the predominant metal on the building unless an exception is given for high quality finished metals, such as polished bronze or stainless steel. G. Roof ballast shall be a standard James River Stone tan in color. 5.04 COLOR OF MATERIALS A. Colors, materials, and finishes are to be coordinated in a consistent manner on all elevations. B. In order to maintain aesthetic continuity within the park, bright overall colors shall not be permitted. However, bright colors can be used for accents, such as entry doors, or trim and shall be as approved by the VBDA. 57 5.05 BUILDING HEIGHTS A. The building height limitation shall be as indicated under Article 1.02, items 1 through 5. 5.06 SCREENING AND LOCATION OF EQUIPMENT A. Dumpsters shall be located on grade at the rear of the building whenever possible. All dumpsters shall be screened by a brick wall or other masonry materials approved by the VBDA, see (Exhibit J) . B. All mechanical equipment, grade mounted or roof mounted, shall be enclosed or screened by opaque glass, metal or masonry, so as to be an integral part of the Architectural design and not visible from adjacent streets. 58 ARTICLE VI: REVIEW OF PLANS BY VIRGINIA BEACH DEVELOPMENT AUTHORITY 6.01 INTRODUCTION A. Corporate Landing is governed by a series of recorded covenants which are available upon request by any developer or owner interested in Corporate Landing. These covenants and restrictions are in place to insure the proper and most appropriate development of the business park through the implementation of uniform standards. Furthermore, all pertinent requirements of public agencies shall be followed in the development of this property and all plans for development of a specific site shall be approved by the VBDA and approved by the City of Virginia Beach and public agencies having jurisdiction. B. The requirements contained in this criteria have been based on reliable sources; however, we do not preclude the potential of later modifications. Each buyer shall be responsible for verification of all code requirements at the time of purchase and development. C. The maintenance of Corporate Landing will be handled by a separate Association specifically designed to insure proper care of the common areas, including landscaping, lighting and signage. 59 6. 02 PROCEDURES A. Prior to commencement of the development of any project design, the project owner and the design professionals are required to participate in an introduction to Corporate Landing Master Plan Concept. This introduction will consist of a presentation on the development concept, as presented by the VBDA's design representative. Such meetings will be arranged by the park developer at the building developer's request. B. Prior to the commencement of any site improvements such as construction or alteration of buildings, fence enclosures, paving, grading, drainage, or any other permanent improvements on any site, the Owner, leasee or occupant of any site shall first submit Plans and Specifications for such improvements to the VBDA for its written approval and approval by the City of Virginia Beach. At that time an application fee will be required by the Applicant. 6.03 REVIEW OF SUBMITTAL REQUIREMENTS Four complete sets of plans shall be submitted for each review. Four (4) sets shall be retained for the VBDA's files. Plans shall be submitted to the VBDA at the following stages of planning and design: A. Schematic Design B. Construction Documents 60 6.03.1 Approved construction documents by the City of Virginia Beach with any City comments shall be submitted to the VBDA for approval at the construction document submittal stage. A. AT SCHEMATIC/PRELIMINARY REVIEW, THE FOLLOWING MATERIAL SHALL BE SUBMITTED: 1. SITE PLAN - Scale: 1" = 40'-0" Minimum a. Site plan and site coverage ratio: building and paving b. Building location, overall dimensions, height, finish floor elevations c. Setback lines d. Site circulation e. Site signage location f. Preliminary grading plan indicating drainage patterns. g. Connections to existing utility lines h. Landscaping: preliminary landscape plan i. Amount and location of employee and guest parking j . Location of trash collection area k. Location of walks, and drives 1. Loading areas m. Site lighting n. Signage 2. BUILDING DESIGN - Scale: 1/8" = 1' -0" a. Floor plans b. Elevations, in color or with color samples. Scale 1/8" = 1,0" c. Perspective rendering desirable 61 • d. Building materials specification list e. Location and size of all exterior mechanical and electrical equipment both at grade and on the roof. f. Preliminary review shall be concerned with building materials, colors and finishes, architectural treatment and rooflines. B. CONSTRUCTION DOCUMENT REVIEW: 1. a. Elevations in color with samples of exterior materials as specified in the contract documents. b. City of Virginia Beach approved architectural, engineering, and landscape architectural working drawings and specifications. c. Approval of plans must be given by the VBDA prior to commencement of any construction. 2. LANDSCAPE DESIGN - Minimum scale: 1" = 25' . a. General location, types and sizes of trees, shrubs and ground covers b. Extent of seeding and/or sodding c. Extent of clearing d. Existing trees and wooded areas e. Areas to be irrigated f. Location of trash collection area g. Proposed walks, steps and retaining walls h. Building entrances and plazas i. Location of major signage j . Landscape cost estimate as required under 3 .01 item C-12. 62 6.04 BASIS OF APPROVAL A. Review and approval will be based on standards set forth in the Declaration and the Design Criteria. Plans will be reviewed not only for the quality of the specific proposal, but also the project's effect and impact on its neighbors and on the general park character. Evaluation will be made of spatial relationships among and between buildings and other surrounding elements. Careful concern will be given to location and treatment of utility and service facilities with the intent of minimizing detrimental visual and environmental impact. B. Site ingress and egress shall be reviewed for efficient flow of traffic within the site and on abutting streets. C. If plans and specifications are not sufficiently complete or are otherwise inadequate, the VBDA shall reject them as being inadequate. Approval of design will be good for a one (1) year period, after which time, if construction has not started the building developer will be required to resubmit. D. After approval of the contract documents by the VBDA, any change in exterior materials or exterior colors during construction, shall be approved by the VBDA prior to ordering of materials. 6. 05 REVIEW COMMITTEE A. Committee shall be composed of the VBDA's Industrial Parks Committee. The Industrial Parks Committee shall be entitled to approve minor variations to those portions of the Design Criteria not encompassed by the zoning proffers of record affecting the property. 63 B. The Parks Committee shall receive comments and recommendations as to whether the Plans submitted should be approved or rejected from staff members and the Authority's consultants who are knowledgeable in the fields of architecture, engineering and landscape architecture. C. When questions of judgement or interpretation arise, the decision of the VBDA is final and binding on all parties. D. Any revisions, additions, or alterations to any portion of approved plans shall be subject to review and approval. E. Neither Corporate Landing or the VBDA or its successors or assigns shall be liable in damages to anyone submitting plans to them for approval, or to any owner or occupant of land affected by this Declaration, by reason of mistaken judgement, negligence or nonfeasance, arising out of or in connection with the approval or disapproval or failure to approve any such plans. Every person, corporation, partnership, or organization who submits plans to the VBDA or Declarant for approval agrees, by the submission of such plans, and every owner or occupant of any of the property agrees by acquiring title thereto or an interest therein, that he, she or it will not bring any action, proceeding or suit against the VBDA or Declarant to recover any such damages. 6. 06 REVIEW TIME A. The VBDA shall receive proposals for review, a minimum of fourteen (14) days prior to the second Tuesday of each month. The review comments shall be available from the VBDA office within two weeks of that second Tuesday. 64 • 6.07 PUBLIC APPROVALS A. All pertinent requirements of public agencies shall be followed in the development of this property. Plans shall be submitted concurrently both to the City of Virginia Beach and to the VBDA. Each buyer must verify code requirements at the time of purchase and development. B. Although based on local zoning and subdivision regulations, the Corporate Landing Design Criteria may be more restrictive in land use, site development standards, landscape requirements, or in other matters. In every case in which these criteria are at variance with public agency requirements, the more restrictive regulations shall govern. In the event of any inconsistency between the Deed and the Design Criteria, the provisions of the Deed shall control. DESIGN CRITERIA AUTHORED BY: CMSS ARCHITECTS CREDIT GIVEN TO THE FOLLOWING FOR REVIEW AND ASSISTANCE IN PREPARATION OF THIS DESIGN CRITERIA: LANGLEY AND McDONALD VIRGINIA BEACH DEVELOPMENT AUTHORITY DEPARTMENT OF ECONOMIC DEVELOPMENT *Reproduction of the material herein or substantial quotation of its provisions without written permission of CMSS Architects violates the copyright laws of the United States and will be subject to legal prosecution. 65 CORPORATE LANDING DESIGN CRITERIA Virginia Beach,Virginia CMSS Project No. 93-000.46 ARCHITECTS • ADDENDUM #2 AUGUST 18, 1998 1. Page 13, Exhibit C: delete and replace with Exhibit C(see the end of this addendum for Exhibit C). • 2. Page 15, item 2.02 A: delete entire line which begins "Maximum floor area ratio..." and delete item 1. 3. Page 20, item 2.09 A, delete in its entirety and replace with the following: All loading docks that are visible from the lake area, adjoining properties, street right-of-ways, or from within the park shall be screened with a 10' high screen wall that matches the materials used on the building. The appearance of the wall shall then be softened in its entirety with large evergreen shrubs or evergreen trees.. Minimum height of shrubs at installation shall be 3' to 4' with spacing not to exceed 3' on center. Minimum height of evergreen trees at installation shall be 6' to 8' with spacing not to exceed 8' on center. The extent of the screen wall and landscaping shall be subject to VBDA approval (see Exhibit I). 4. Page 20, item 2.11 A,delete "other than for required screening of trash or equipment," 5. Page 21,item 2.11 C,delete"Eight(8) feet"and replace with Ten(10) feet. 6. Page 21, item 2.12 A,"Refuse Facilities"delete in its entirety. 7. Page 21, item 2.13 A, add the following statement at the end of the paragraph "If placed at grade outside the building such devices shall be screened in accordance with Section 3.01 C-11." • 8. Page 22, item 2.13 B, delete in its entirety and replace with the following: All site utilities such as transformers, meters, and heat pumps shall be screened in their entirety with evergreen shrubs. Minimum height of shrubs at installation shall be 3' to 4' with spacing not to exceed 3' on center(see Exhibit 1). 9. Page 22, item 2.15 A, delete "Exhibit B for location and Exhibit F for construction" and replace with "Exhibit F and the Jogging Trail Master Plan (Exhibit F1). A full size drawing of the Jogging Trail Master Plan is available from the VBDA showing layout and design intent." Prepared by CMSSArchilecis.P.C. Page 1 of 12 F.'193-JO8SI93000193000.461Addendu,n(2)6-17-98.doc 10. Pages 24, 25, and 26, delete item 3.01 C "General requirements of new plantings", 1-21 in their entirety and replace with the following: General Requirements for new Plantings: 1. All shade trees along pedestrian walkways and in parking lots shall have a minimum branching height of 6'-8' above finished grade. 2. Where shrubs or ground covers are used, "massing" is required. Extensive varieties of plans within the planting bed is • discouraged. Spacing of low shrubs shall not exceed 3'on center and ground cover shall not exceed 12" on center. 3. Sod rather than seeding is required within 50' of all buildings; all adjoining roads shall have sod along the entire property line from the road edge to the parking lot edge. The minimum width of sod along road edges where there is no parking lot shall be 30'. All other lawn areas not receiving sod may be seeded as approved by the VBDA. 4. Flowering trees shall be the size indicated on the landscape planting list, (see Exhibit D). 5. Shade trees shall be the size indicated on the landscape planting list, (see Exhibit D) except for parking lots and required residential buffer berms which shall be a minimum caliper of 2 %2- 3 inches. 6. There shall be one shade tree per ten (10) parking spaces with a minimum ground area of 8' x 17' within the parking field and in adjoining curbed planting areas. Only one tree may be provided for each 9' x 18' island in a parking lot. Minimum spacing between trees in parking lot islands shall be 25'-0" unless otherwise approved by the VBDA. 7. A continuous evergreen screening hedge shall be required along any side of a parking lot that abuts the right-of-way of any street or the lake. Where parking lots are visible from any street, the minimum height of the screening hedge at installation shall be 30" minimum planted 3' on center. Berming a minimum height of 3' with approved planting may be substituted to the hedge (see Exhibit G). Where parking lots are visible from the lake, the minimum height of the screening hedge at installation shall be 4'to 5'planted 3' on center. 8. The attached plant list shall dictate varieties to be used unless otherwise approved by the VBDA. Minimum size of plants at installation shall be as defined on the Planting List unless otherwise indicated (see Exhibit D). 9. All site entry drives shall be well landscaped with a combination of evergreen shrubs, flowering shrubs, deciduous shade trees, flowering trees, and flower beds. (see Exhibit L). Prepared by CUSS Architects,P.C. Pare 2 of 12 F:193-JOB.S193000193000.46lAildendum 01 6-17-98.doc 10. Grade mounted mechanical equipment such as cooling towers and air-handling equipment shall be screened in their entirety with a screen wall that matches the materials used on the building. The height of the wall shall be 1' higher than the site utility. The appearance of the wall shall then be softened in its entirety with large evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 3' to 4' with spacing not to exceed 4' on center. Minimum height of evergreen trees shall be 6' to 8' with spacing not to exceed 8' on center. 11. All site utilities such as transformers, meters, and heat pumps shall be screened in their entirety with evergreen shrubs. Minimum height of shrubs at installation shall be 3'to 4'with spacing not to exceed 3'on center(see Exhibit I). 12. All dumpsters shall be screened on three sides with a brick screen wall. Screen wall gate is required and shall be black vinyl coated chain link fence with black vinyl slats. Gate height to match that of screen wall. Color of wall brick shall match building brick or as approved by the VBDA (see Exhibit J). The appearance of the wall shall then be softened in its entirety with large evergreen shrubs. Minimum height of shrubs at installation shall be 3' to 4' with spacing not to exceed 3' on center. 13. For all buildings a minimum landscape budget shall be established according to the following chart. The budget shall be established by multiplying the gross building square footage times the cost per square foot. The landscape budget shall be limited to the following items: seeding,sod, irrigation,plant materials,and fine grading for seed and sod areas. The contractor shall submit a detailed landscape cost estimate to the VBDA with the submittal of the construction documents. Gross Bldg. S.F. Cost/S.F. Gross Bldg. S.F. Cost/S.F. 30,000 &under 2.40 110,000 1.92 40,000 2.34 1.20,000 1.86 50,000 2.28 130,000 • 1.80 60,000 2.22 140,000 1.74 70,000 2.16. . 150,000 1.68 80,000 2.10 160,000 1.62 90,000 2.04 170,000 1.56 100,000 1.98 180,000&over 1.50 Note: For building square footage in-between stated gross building square footage, interpolate accordingly to the nearest 1,000 square feet of building to determine the landscape budget. 14. All planting bed areas shall be covered with a 3-inch layer of shredded hardwood mulch. Prepared by CMSS Architects.P.C. Pare 3 of 12 F:193-JOUS193000193000.461Addendwn(2)6-17-93.doc 15. All plant material, topsoil, mulch, fertilizers, etc. shall be subject to the VBDA's approval. Rejected materials shall be removed from the site immediately. 16. Location of underground utilities shall be determined prior to start of work to avoid damage to utilities. 17. All planting operations shall be under the supervision of an experienced plantsman. 18. All plans shall be prepared and sealed by a Virginia certified or registered landscape architect. 19. All plants shall be nursery grown and shall be in accordance with the most recent edition of the "American Standard for • Nursery Stock." Spaded trees shall be accepted if approved by the VBDA. 20. Shade trees (3 '/2" to 4" caliper, 14' to 16' in height) shall be placed 2'-0" off the street right-of-way in a straight line along all roadways which properties abut or adjoin. One tree shall be provided for every 35' of property line that adjoins or abuts the roadway. If applicable, existing street trees on adjoining properties shall be located and shown on all landscape planting plans. The spacing of all new required street trees shall tie into existing trees maintaining a maximum spacing of 35' on center. The variety of shade trees shall be as approved by the VBDA. See Streetscape plan which shall be provided upon request by the VBDA. 21. Shade trees and/or flowering trees shall be provided in front of the buildings as approved by the VBDA. 22. The developer of each site that is adjacent to the lake shall provide typical lake edge landscaping as defined in Exhibit E. 23. The developer of each site that is adjacent to a residential neighborhood shall provide screening as defined in Exhibit K and as approved by the VBDA. 24. In addition to the above requirements, all landscaping shall comply with the City of Virginia Beach landscape requirements. If any discrepancy exists between the Design Criteria requirements and the City of Virginia Beach Landscape Ordinance,the more stringent requirements shall govern. 11. Page 27, item 3.03 A4, delete "cool white mercury vapor lamps" and replace with "metal halide." 12. Page 27, item 3.03 A 6, delete"required" and replace with"encouraged." • 13. Page 36, Exhibit E, delete the words: "Stone Edge as approved by the VBDA." Prepared by CMSS Architects,P.C. Page 4 of 12 F:193-JOBS19300019311OO.46.4dde,,Jwn(2)6-17-98.doc • 14. Page 37, Exhibit F, delete "concrete at road crossing" and replace with, "Stamped concrete to match existing at road crossing." 15. Page 37, Exhibit F, delete the graphic section and replace with the following, "NOTE: For jogging trail layout, see the Jogging Trail Master Plan(Exhibit F1). A full size plan shall be provided upon request from the VBDA." 16. Page 38, Exhibit G, in the diagram of the parking lot adjacent to the road right-of-way, delete the note: "24" — 30" in height evergreen planting" and replace with"Evergreen planting 30" minimum height." And in the diagram of the parking lot adjacent to lake edge, delete "landscape buffer 4' to 5' in height" and replace with, "Landscape buffer planting 4'—5' in height, 3'on center." 17. Page 40, delete Exhibit I and replace with Exhibit I at the end of this addendum. 18. Page 42, Exhibit K, in the note that begins "Evergreen shrubs on top of the berm",delete"2'—3"'and replace with "2 '/2 '— 3"' 19. Page 43, Exhibit L, delete"Continuous 24" height evergreen hedge" and replace with "continuous evergreen hedge 30" height spaced 3' on center at installation". . 20. Page 45, Part B, Building Identification:,delete parts a.—d. and replace the with following: a. For each building or cluster of buildings, there may be one (two-sided) free standing site sign with a maximum of thirty-two (32) square feet of surface area per side. Maximum height of free standing sign shall be eight (8) feet measured from the adjoining finish grade or top. of berm. Height of berm and sign shall not exceed 10 feet. Information given on site sign shall be limited to company name, logo, and street address. Final design shall be as approved by the VBDA. Menu board type signs shall not be permitted. b. There may be tenant signs on the buildings, see Exhibits Q and Ql. Exhibit Q is for a single story multiple tenant building and the maximum height of letters shall be 12" and copy area shall not exceed 15 square feet. Exhibit Q 1 is for a single tenant for a single building (see the end of this addendum for Exhibit Q 1). Building mounted signs shall comply with the following chart: Prepared by CUSS Architects, P.C. Page 5 of 12 F:193-JO8S193000193000.461Addendi,n(2)6-17-98.doc Building Building Ground Maximum Maximum Height For Mounted Letter/Logo Height Height Sign Mounted Sign For Bldg.Sign Ground Mtd.Sign Up to 20' 1 @ 40 SF 1 @ 32+SF 2' Height 8'from finish grade or top of berm, Max Each Side Combined height of sign and berm shall not • exceed 10' in height 20'-39' 1 @ 75 SF 1 @ 32 +SF 3' Height 8' from finish grade or top of berm, Max Each Side Combined height of sign and berm shall not exceed 10' in height 39' + 1 @ 105 SF 1 @ 32+ SF 4' Height 8' from finish grade or top of berm, Max Each Side Combined height of sign and berm shall not exceed 10' in height • c. Individually fabricated, metal letters or non-worded corporate logos may be mounted to the building in the designated copy area. Plastic letters shall not be permitted. d. The size, location on the facade, color and finish of the letters or logo shall be compatible with the building architecture. e. All graphics shall be pin-mounted plate and may be backlit or lit with a ground mounted light. Care shall be taken to conceal all conduits, raceways and transformers and they shall not be visible under any circumstances. f. Building height shall be measured from finish floor elevation to top of parapet or gravel stop. g. Building mounted numbered addresses shall be permitted. The numbered address shall be located near the primary entrance and positioned to ensure maximum visibility. The letter height shall not exceed 15". There shall be only one numbered address for each building except in the R & D section of the park. Street names on the building are not permitted. Numbered addresses shall not be backlit. In multi-tenant buildings where storefront entrances are used, sign information shall be limited to company name,company logo,and suite number. See Exhibit Q for more information. h. For sites in Corporate Landing which have under 100 LF of R.O.W. frontage a variance will need to be obtained from the Board of Zoning Appeals to allow for a ground mounted sign. Prepared by CMSSArchitects,P.C. Page 6 of 12 F:193-JOBS193000193000A6Uddenduro(2)6-17-98.doc • 21. Page 46,Article B, Building Identification, item "e" will now be item "c." 22. Page 50, 51, 53, 54: delete Exhibit 0, P, R, and S. 23. Page 57, item 5.03 A, Part B, delete in its entirety and replace with the.following: Glazing shall be reflective enough to prevent vision from the exterior to the inside during daylight hours. Reflective glazing shall have a shading coefficient of.20 to .30. 24. Page 58, delete item 5.06 in its entirety. 25. Page 60, item 6.02 B, delete the word "fence" from the third line of the paragraph and delete "and approval by the City of Virginia Beach. At that time an application fee will be required by the Applicant." 26. Page 60, item 6.03, delete "four", and replace with "three" and delete "Four (4) sets" and replace with "Three (3) sets" in the first and second sentences. 27. Page 61, item 6.03.1, delete the following: "Approved construction documents by the City of Virginia Beach with any City comments shall be submitted to the VBDA for approval at the construction document submittal stage." And replace with the following: "Final approved City of Virginia Beach site plan documents shall be submitted to the VBDA before construction begins." 28. Page 61, item 6.03.1 A-2,delete "scale: 1/8" = 1'-0" from the title. 29. Page 61, item 6.03.1 A-2,part a. shall read as follows: "Floor Plans: (1/8" = 1'-0"). 30. Page 62, item 6.03.1 A-2, part b. shall read as follows: "Elevations: (1/8" = l'-0" or 1/16" = l'-0") in color and a color sample board of all exterior building materials and finishes." 31. Page 62, 6.03.1 A-2, part e, add the following at the end of the sentence: "All equipment on the roof shall be shown on the building elevation with proposed, screening." 32. Page 62, item 6.03.1 B, delete the following: "Construction Document Review" and replace with the following: "CONSTRUCTION DOCUMENTS FOR FINAL REVIEW." Prepared byCMSSArchitects,P.C. Page 7 of 12 F:193-JOBS193000193000.46Wddendu:n(2)6-/7-98.duc 33. Page 62, item 6.03.1 B la, delete in its entirety and replace with the following: "Completed construction drawings indicating all exterior finishes,colors and proposed screening of roof top equipment. Actual size of equipment shall be indicated behind screen. The previously submitted colored elevations and the exterior building material sample board which were submitted for preliminary review shall be resubmitted again with the construction drawings. 34. Page 62,delete item 6.03.1 B lb, in its entirety. Item 6.03 1 B lc shall then be changed to read 6.03 1 B lb. • 35. Page 62, item 6.03.01 B 2: f. delete, "Location of trash collection area" and replace with "Dumpster enclosure." j. delete"item C-12". And,add the following items: k. site utilities both above and below grade and any easements associated with them. 1. site lighting 36. Page 63, item 6.05 A, delete the first sentence in its entirety and replace with the following: "Committee shall be composed of the VBDA's Department of Economic Development and the VBDA's architectural, engineering, and landscape architectural consultants, which herein afterward shall be referred to as"the Staff" . 37. Page 63, item 6.05 A, in the second sentence delete"Industrial Parks Committee" and replace with "Staff." 38. Page 64, item 6.05 B, delete the entire sentence and replace with "The VBDA shall receive comments and recommendations from the Staff as to whether the plans submitted should be approved or rejected." . 39. Page 65, item 6.07 A, delete entire paragraph and replace with the following: "The Applicant is responsible for complying with all applicable requirements of public agencies in the development of site(s) within Corporate Landing and shall make separate submittals to City of Virginia Beach review agencies. The Applicant may make concurrent submittals to both the VBDA and the City." 42. Page 65, item 6.07, add the following: . C. The property owner is solely responsible for complying with all aspects of the Design Criteria, as well as all applicable codes and regulations. No variance from any aspect of the Design Criteria will be permitted unless approved in writing by the VBDA. If non-compliance to the Design Criteria is discovered during or after construction, it shall be the sole responsibility of the property owner to rectify all non-complying conditions at his or her expense to the satisfaction of the VBDA. Prepared by CMSSArcbilecis.P.0 Page 8 of 12 F:193-JOBS193000193000.461Adde?ulum(2)6-/7-98.doe EXHIBIT C MASTER LAND-USE PLAN Prepared by CUSSArchilecls,P.C. Page 9 of 11 F:193-JOBS1930001930f0.16 4ddcndurn(2)6-17-98.doc ♦ ♦ ♦ ♦ ♦ ♦ .• , ♦ ♦ ♦ . ♦ . • • • • ♦•:MXD •: AG- 1 LAN USE • • • ♦ . . . ♦ . ♦ ♦ . ♦ . . . . . . . • • • • • • ••. • • • • ♦ • • ♦ • ♦�♦ MDO MEDIUM I DENSITY OFFICE ♦;•;•;•;•;•;•♦♦ _ ♦�♦ • v- \, ♦ • • • • • • ♦•♦•+•♦•♦•♦•♦•♦•♦•♦• ♦ 4 ♦♦♦�♦� • ♦ • • ♦ ♦ ♦ ♦ ♦ ♦ .♦., ,♦♦..♦♦• ii••••• •••♦•♦•••♦•♦♦♦♦*•♦♦;�♦♦♦�,�`�•�♦•♦♦♦'� ��•�•� R D ZON D RESEARCH, DEVELOPMENT ♦ •••.♦.•.•. ••..♦♦♦♦♦♦♦♦. .♦♦♦♦�♦•� ♦ ♦•♦ 4 ♦ ♦.♦♦♦♦ ♦♦♦♦♦♦ • •• • •• MIXED USE DEVELOPMENT ♦••♦♦� ♦♦♦♦♦♦♦ •♦ MDO ••. M X D ♦♦♦♦♦♦�♦♦4 ��♦�♦�♦♦♦♦♦♦ •♦♦♦♦♦♦♦♦ -'•'•` ZONED I- 1 • ►♦♦♦♦♦ �• ♦ ♦� ♦♦♦♦�♦♦\\ o ♦♦♦♦♦1 •♦ PO ♦\•• ♦♦♦♦�\ �y MXD2 ►♦♦♦♦♦� ♦�♦. •�♦�♦♦♦• ti . WM MIXED U5E DEVELOPMENT ♦�♦�� ��♦♦♦♦♦♦� ♦♦♦�♦� •F0 .V..AVAY ZONED B-2 ��♦♦�♦♦+ v♦♦�♦♦ ♦�♦�♦k Qo • FOUNTAIN PARK *�����♦�� ��♦♦�♦�♦♦�♦♦; ‘ AIL ' .1'1.71.....r7........... erii . i . ,/ 41040:440:0:40:0140:* • AG- 1 �i ����♦ �♦�����♦�i, �iiii iiiii• )� ► ♦♦♦� ♦♦♦♦♦ �• • • • • R D •••••••••• .600'aoo' 200' 0' aoo' eoo' 1600' � ►♦♦♦+ ♦♦♦♦♦ `2i•••••••••• •••••••••• ••••• ►' ♦♦♦ 1♦♦♦♦� • • • • • • • • • • • • • • • • • ♦ ►♦ ♦♦♦♦ ° •••••••••4••••••••••••••••••1 ._�i���•.6. 0 ♦♦♦ ♦�♦ A • • • I • • • • • • a••••••••••••••7����♦♦♦� ,♦4 4 ♦♦♦�� A•�•�••f ••• ••• • • �•,•e 0Or • ��� a •���4 ,i i•:•i0 P D- H 1 • • • • •• r♦ ♦• r ♦♦♦♦♦�•••••••••. . .•••••••••� 1♦♦♦•♦ •♦��♦�4 • • • • • • (R-5D) ! • • • ♦♦♦♦♦• • • � 1 ♦ MDO � ••••••••••••••••••••. ,iVAVAI ,� • • • • • • • • _.A..AVAVAAVAIi te. 4�...► ♦�♦♦�� �••• ••• 41� ►.A.AVAVA.AVA.AYA •Mia7.11lJ141!A: 1•• • • Imo, ,AYAVA AVAVAV....YAVA,AYAVAWAVAVA,A,A...... .•••R D`:�:; AYYYAVAYA. A.A.4 rA.AVAYAAAVA AYA.AYA.A.A.A. �••••••••••••••/ ►1L MXD2ll ........ MXD2 •....... ,•••••••••.•••••. kVA A' IA.A.A.A AMOR �•••••••••••••••• AVA.AYAVAVAYA.A.A� pA.A.A.A.A.A.A.A.A.A.A.A.A. �•••••••••••••••i .A..A.A.A.A.A.A./ 7A.A.A.A..A.A.A.A.A.A.A.A. •••••••••••••••••/ AG- 2 fAlA IreinAAiYAYiVi iVA` �YAYAY ►•A.AViXA.A•AVAVAI •�•�•�•�•�•�•�•�•, o ivi 6YA.A!AAA 4 • • • • • •••�• GENERAL BOOTH• ��A.AVA ���•�•�••�•- AG-2 BOULEVARD 0 VASTER ELAN LAND USE/ ZONING ' u C- v A 0 CS en CG en u.. • Zji Pelkr - � - o w 1,604 Fioa w � croZ O.. z U s et ,,,, � ► �\ 5' WIDE ASPHALT �\ PATH (TYP) -- ' ��� � 51 WIDE CONCRETE % )ii '',6 PATH (TYP) 4, 0 1 i ,...--- P ..1..Y 1 j_ - 1 ' i w it j11 .� it 11 i / I10 --------------- _ _ _ r _____ _ ___--------- i GENERAL BOOTY I BOULEVARD O' 2501500' 1000' 2000' 3000' 1 NMI 111•11111111111111111111111 0F1 JOGGING TRAIL MASTER FLAN EXHIBIT I SCREENING FOR SITE UTILITIES AND LOADING AREAS Prepared by CMSSArchitects,P.C. Page 11 of 12 F:193-JOBS193000193000.461Addendum(2)6-17-98.doc i " • 1 •. EVERGREEN TREES/ ( SHRUBS AS REQUIRED X gy I . ,,I • • , MIN. i if I 2. `I I' _ �, .� " WALL g; 11 F„=- _ I� T- EVERGREEN SHRUB MASSING 4' TO 5' IN HEIGHT LOADING AT INSTALLATION • •• • , TRANSFORMER . :-.• • • • v. •• . •' ••t • • . • . • i +hp.ry}: : .{v. • : .'•�.,•• ' = • 10' MIN. ••.:• , • • •• "Ap.- bi �'i1PAi ►i . • ;.:.: :.., < :: II :::: -•••: ir4 . ' ..• ... itlifilliTgla ; • : .,:.„.:,,,..,„:„.m..„:3::.:::::;.:,.:,::,.,..:,,:q ....: gl bli . • ..' ••• . 0 . PIZ° • : : - -. N (1g3 ' .• i _II1 11,l�_I ''1j' . : y itpi" • TRANSFORMER EVERGREEN SHRUB - �n�A' i• ''�1• , �, 3" MULCH WITH MASSING 3' TO 4' HEIGHT • ��-• • • '��••` ,.- • • • ' SOIL SEPARATOR . AT INSTALLATION ' *• • • • " ' •• = '• ' ':'• •-' — EVERGREEN SHRUB MASS. 3' TO 4' HEIGHT AT INSTALLATION AS REQUIRED BY THE UTILITY CO. (---\ ) SCREENING FOR SITE UTILITIES AND LOADING AREAS NOTE: SCREEN WALLS ARE REQUIRED FOR CERTAIN SITE ELEMENTS. SEE 3.01 ITF A C • EXHIBIT Q 1 SINGLE TENANT SIGN ON BUILDING • Prepared by CMSSArdiilecls.P.C. Page 12 of 12 F:193-JOBS1930001930O0.46Wddendont(2)6-17-98.doc r rms CIA or vALL NOT EXCEED 105 SQ.FT. INCLUDING LOGO N / 25% CLEAR MIN. J ----50% COPY AREA MAX. CLEAR MIN. \ _ . THE ABOVE DRAWINGS 15 TO SERVE A5 AN EXAMPLE TO ILLUSTRATE HOW A SINGLE TENANT NAME CAN BE PLACED ON THE BUILDING. THE TENANT SIGNAGE SYSTEMS SHALL ACCOMPANY THE SUBMITTAL OF THE CONSTRUCTION DOCUMENTS TO THE VBDA FOR .APPROVAL. THIS WILL BE REQUIRED FOR EACH AND EVERY BUILDING. EiSINGLE , TENANT ON BUILDING SCALE: 1 /8 = 1 -0 GOA•BEAc ,JS4 h'L 04 City of Virginia Beach s 99�s S 0F, Op OUR 0.0014 Rgm.Com DEPARTMENT OF ECONOMIC DEVELOPMENT 4525 MAIN STREET (757)385-6464 SUITE 700 TTY 711 VIRGINIA BEACH,VA 23462 September 28, 2021 RE: Corporate Landing Business Park Design Criteria Update Dear Neighbor of Corporate Landing Business Park, The City of Virginia Beach Development Authority(the"VBDA") is requesting to update the Design Criteria that were established for the Corporate Landing Business Park in 1990. A public hearing before Virginia Beach City Council is scheduled for this item on October 19, 2021 at 6pm inside the Council Chamber at City Hall. As a neighbor of Corporate Landing Business Park, we want to make you aware of this initiative and provide you with the opportunity to ask questions and provide comment. Please see more information about this below and contact information for comments and questions. What are the Corporate Landing Business Park Design Criteria? Dating back to the 1990 legal establishment of Corporate Landing Business Park(the "Park"), additional development restrictions were placed on properties within the Park to ensure a unified, qualitative park environment was developed. The Design Criteria document provides guidance on site design, setbacks, building design, landscaping and signage. Why is the VBDA requesting to update the Design Criteria? The current Design Criteria are over 30 years old and a modification is needed to remain relevant for market opportunities. Some key changes to the Design Criteria are: • Reduced redundancy with the Zoning Ordinance and current code requirements; • Updated residential neighborhood setbacks, building setbacks and parking lot setbacks; • Consolidated amendments into one user-friendly and attractive document; • More permitted flexibility with new and innovative materials and construction methods; and • Increased guidance on light industrial and advanced manufacturing building types. The existing and updated design criteria as well as a detailed list of changes can be viewed at www.yesvirqiniabeach.com/vbda How does this affect my property? The modification request does not apply to your property, only to the neighboring VBDA-owned property and one property owned by FROB, LLC, see the map on the back of this page. This letter serves as a courtesy to keep you informed of what is occurring in your neighboring area. Corporate Landing Business Park Design Criteria Update September 28, 2021 Page 2 Corporate Landing Business Park Map Dorn Neck Rood FROG, LLC. i �' V renmea ,r , ii s Ubhelor ,". , ii ...,. .. ,.„-_, t -,4„.d . ,.,, ,.,, 6' rs ---.)1‹.4,,,„ ' . '47 lz- Legend • Business Park Limits VBDA Owned Property Craft t°nP ' :, Lake/Stormwater Pond kT epy • Wetlands Future Stormwater Pond C _ Cwver[rJ S f,./4,or e a`�o� Gene fro' oc, A.' roF , tSource NNrmap. 0 800 Feet If you have any questions or comments, please do not hesitate to contact Emily Archer by phone at (757) 385-2912 or by email at earcher(a vbgov.com. Respectfully, 6 Emily Archer, PLA Senior Planner/Urban Designer Department of Economic Development 08L 099 0Z9 06£ 09Z 0£1.99 0 load Imo= — 6uiplin8 6uiuoZ Q s peoj upjse� L£5 suo6AIOd AJGdoad r `1. M looyo$ spuaiaj aul an %/ t -- Z8 ,_.*)\.0.0 1 Z I•d , v 001l:Ii.o /o10 )_1_02*1\ '::%6:'.l'U\l:. 81'� :1111111111111111 uo Q�� o---uA--1i:-1l-1sii-W1A\\1i.11-1ic--1c--e,:15i-)-;./II�IIII�Af1I .. �IIIII�1 lr1 C--1 __ n�an- u, pn -t- ,: Z8 000O o Z1V o Z1.d 3 / 0 1 'z c- _ _peom ui se -- ;_w. -11.m. ----dL., _wil, mit __, _ r ammi. , R1auv.71.sn.1..... 1.o-1.aaMO-'o. 8-_- 1L-l1-l9 mie_—gy_-_____ ).-'u-e 0-.------- Iy-E,n --I-o--V1C\Ii'„-D/--—rI-s1/-E---i- 1-1 °r1M 76. ' 1---Uo-M OZ21 1bAuV,M.tn ::1,11°11:n18:U 3 Z8 _-a_-_ _--�p OZ2! ! v, r�pGa`u C 31, •i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE FRIENDS SCHOOL [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Private School) for the property located at 1537 Laskin Road (GPINs 2417081307, 2417081734, 2417081031). COUNCIL DISTRICT — BEACH MEETING DATE: December 7, 2021 • Background: The Friends School, located on 11 acres within the Hilltop Strategic Growth Area, has been in existence since 1956. This is a request for a Modification of Conditions for several additions to the school as well as a reduction in the overall acreage of the school's boundary. The modification includes the expansion of the existing administration building; the construction of an outdoor stage, outdoor classrooms, and an outdoor shaded art patio; as well as a reduction in the property by 6.63 acres. This reduction is also discussed under separate cover in the Agenda Request Form for 1537, LLC, as this entity has purchased the 6.63 acres from the school. Modular classrooms will be installed temporarily during the construction phase, so the school can continue to operate during construction. The modular classrooms will be removed upon completion of construction. The applicant is requesting a deviation to the required 15-foot-wide buffer along the southern property line. As the school site is zoned B-2 Community Business District and the property sold to 1537, LLC, is zoned A-18 Apartment District, a Category IV buffer is now required. A 10-foot wide buffer with Category VI landscape screening is proposed, which requires a solid, six-foot tall privacy fence. This deficiency is being requested through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping. • Considerations: In Staff's view and Planning Commission concurred, the proposal is in keeping with the policies and goals set forth in the Comprehensive Plan for the Hilltop SGA. The property is designated in the SGA Plan as institutional use, specifically for the existing Friends School. While the school site will reduce in size, parking will continue to be met on site, and enrollment will not increase. Proposed improvements to the site include enhanced landscaping and attractive building additions with amenities that will enhance the school's programing. In this instance, The Friends School Page 2 of 3 Staff and the Planning Commission are supportive of the deviation request to the minimum landscaping requirement. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 10, 2021, the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 11-0. 1. All previous conditions attached to the Conditional Use Permit approvals of May 28, 1996 and September 14, 1999 shall be voided and replaced with the following conditions below. 2. A 10-foot wide landscape buffer with Category VI landscaping is proposed for this site. This is a deviation to the 15-foot wide landscape buffer with Category IV landscaping, as required by the City Zoning Ordinance. 3. When the property is redeveloped, it shall be in substantial conformance with the Conceptual Site Layout entitled "MASTER PLAN — PHASE 1 , VIRGINIA BEACH FRIENDS SCHOOL, Virginia Beach, Virginia," prepared by WPL, dated October 14, 2021 , which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The exterior of the proposed building addition shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "VIRGINIA BEACH FRIENDS SCHOOL — EXTERIOR RENDERING," prepared by HBA, dated October 14, 2021 , which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The modular classrooms shall be located on the site as depicted on the diagram entitled "TEMPORARY MODULAR CLASSROOM SITE DIAGRAM — VIRGINIA BEACH FRIENDS SCHOOL, Virginia Beach, Virginia," prepared by WPL, dated August 16, 2021. The modular classrooms shall be limited to a five year time frame from the date of City Council action or within six months following final occupancy approval by the Building Official's Office, or whichever is sooner. 6. The student enrollment of the school, including all future facility expansions, shall not exceed 400 students. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. The Friends School Page 3of3 • 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 Department0 City Manager: AO ABApplicant & Property Owner The Friends School Agenda Item Planning Commission Public Hearing November 10, 2021 City Council Election District Beach 2 Virginia Beach Request Modification of Conditions Staff Recommendation Sa�ha„p" �,,�,,,ok " Approval °`eve` G ""�"` ,N"9 e I, Staff Planner fl..�'^ 1 W,,,lane l Marchelle Coleman `' w$00- •�^O' I.i �_ i - 1 o Location , LI 1537 Laskin Road p $ aevo•r.(Woe GPINs .' pa^^'pdv ' 764 2417081307, 2417081734, 2417081031 -00% � 1 Site Size 11.05 acres ! , ty a e AICUZ f • 4 : 1 e 4 Greater than 75 dB DNL m �vw•i Lawitd K � a 3 ,28 I Watershed on;onve^uy Chesapeake Bay -, J ' Existing Land Use and Zoning District Private school/ B-2 Community Business, A-18 ,.• Apartment a, . .:L Surrounding Land Uses and Zoning Districts North Laskin Road vs Shopping center /B-2 Community Business 1j South ""'' 1-264 s' 4" I �. _ t� East Laskin Road Church, multi family dwellings/A 12 1\_ , _ - Apartment, A-18 Apartment 1. �_; •, ` West "`: t Laskin Road, Donna Drive - Office, multi-family dwellings / B-2 Community Business, A-18 Apartment The Friends School Agenda Item 2 Page 1 - U - ' Z 5 IT-A*2(1) t nLasko,Road Zoning History (Lislij A,2 # Request ,. 1111 •" 1 CUP(Expansion of School)Approved 09/14/1999 CUP(Expansion of School)Approved 05/28/1996 nn� L 2 REZ(B-2 to A-18)Approved 08/09/1992 1 "1`�' 3 CUP(Expansion to Church)Approved 11/28/1983 +t 4 CUP(Bulk Storage Yard)Approved 08/21/2018 F. 5 CUP(Tattoo Parlor)Approved 05/07/2019 264 4 CUP(Indoor Recreation Center)Approved 02/09/1993 2E4 oC Vag'too Beach Rona • l , Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This request for a Modification of Conditions for this Private School, in Staff's Opinion, is acceptable. As mentioned previously,the applicant is seeking to modify the existing Conditional Use Permit to reduce the acreage of the school, as a portion of the school's property has been sold, and to add modifications to the school. The request remains in keeping with the policies and goals set forth in the Comprehensive Plan for the Hilltop SGA, as the property is designated for institutional use, specifically for the existing Friends School. This site is located in the greater than 75 dB Ldn noise zone. During the Navy's review of the school's expansion in the late 1990s, a condition of approval was included to limit the maximum enrollment to 400 students.This condition will remain, and the enrollment will not change with this Modification of Conditions request. Per the City Zoning Ordinance, a 15-foot wide landscape buffer with Category IV landscaping(a mix of evergreen trees and shrubs) is required along property lines abutting Residential or Apartment Districts. However,the applicant proposes to install a 10-foot wide landscape buffer instead of the 15-foot wide buffer, but with the addition of a six-foot tall solid cedar wood fence with cap and evergreen plantings reaching a minimum of 10 feet in height. Staff is supportive of the proposed deviation. It is evident that the applicant is seeking to reduce the footprint of the school and will continue to operate at full capacity.The parking will continue to be met on site,exceeding this requirement by three spaces, and enrollment will not be increased. Improvements to the site include increased landscaping with a six-foot tall privacy fence and Category VI plantings reaching a minimum height of 10 feet, improved circulation with a newly constructed roundabout feature with a proposed focal point art display, a building addition to the existing administration building, outdoor classroom areas, and a shaded art patio for enhanced outside learning. In Staff's opinion,this modification request to reduce the school's footprint with the additional on-site improvements are acceptable and will not negatively impact adjacent property owners. Based on these considerations, Staff is recommending approval of this request subject to the conditions listed below. The Friends School Agenda Item 2 Page 3 Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of May 28, 1996 and September 14, 1999 shall be voided and replaced with the following conditions below. 2. A 10-foot wide landscape buffer with Category VI landscaping is proposed for this site.This is a deviation to the 15- foot wide landscape buffer with Category IV landscaping,as required by the City Zoning Ordinance. 3. When the property is redeveloped, it shall be in substantial conformance with the Conceptual Site Layout entitled "MASTER PLAN—PHASE 1,VIRGINIA BEACH FRIENDS SCHOOL,Virginia Beach,Virginia," prepared by WPL, dated October 14, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. The exterior of the proposed building addition shall substantially adhere in appearance,size,and materials to the submitted elevations entitled "VIRGINIA BEACH FRIENDS SCHOOL—EXTERIOR RENDERING," prepared by HBA,dated October 14,2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 5. The modular classrooms shall be located on the site as depicted on the diagram entitled "TEMPORARY MODULAR CLASSROOM SITE DIAGRAM—VIRGINIA BEACH FRIENDS SCHOOL,Virginia Beach,Virginia," prepared by WPL,dated August 16, 2021.The modular classrooms shall be limited to a five year time frame from the date of City Council action or within six months following final occupancy approval by the Building Official's Office,or whichever is sooner. 6. The student enrollment of the school, including all future facility expansions,shall not exceed 400 students. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 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 an institutional use of the existing Friends School institution. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with this site. The Friends School Agenda Item 2 Page 4 Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of vww.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 22, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https_jjwww.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 3, 2021. The Friends School Agenda Item 2 Page 5 Existing Site Layout l': rn w .-, o O N 00 yj ry O 5 m 2 O Z i i 1 i ' i u If I E;1-1./ ,' la, I : J w w • i 1E O w lW /c `ram 1 = s i N CC i 1:17 Q aL -r 1 -'' /,r.._ .-, ;: i __,_ z CO ,rc a 1 / 110 / 1 _ f W> > / The Friends School Agenda Item 2 Page 6 0 0 �r�., yNy _cawaiviog / pR 0 I a /`. / 1 ' it PLAN KEY 0 -"� a LUBNMN 1' I i it 0 NEW ENTRANCE ALIGNMENT PER VDOT a O YCM !, y, .- - '—A'=- --- !PROPOSED AT HIGH SOLED CEDAR FENCE S„.. l I 1 o �wITNCAPfD n LT ' r �• `' . R¢ rv'.c. ' O TURF STONE WITH GRASS 04FILL PARKIN 13 F`1 Q ,.M,/ y?>y X1 I �«"'''� 7 STALLS(B SPACES) BM TT. ,t4 Ln I / • ©PROPOSED PARKNG(POROUS ASPHALT) i ". C f 4 N�� r �� S" ?" rf +lbw FACULTY.STAFF,i ADMINISTRATgN , fE I + PARING SPACES REQUIRED.27 11O / .. I 1 .I F PARKING SPACES PROVIDED:30 Q r 4 .TY LOW Tn TT cnTe�oN. V1 t' �� WlfEN nv OS TURFS70NE WITH GRAVEL INFILL PARKNG �`' h _ y_y �'� "k, STALLS 24 SPACES) p,A.. T 4 I l' i Jy72I: " L-.e-R rD O1 PROPOSED PLAY AREA • O. y}, I /j v 15" d'j ( (JEXOTING MEETING HOUSE BUILDING co � . P 1 k+ " �/��"' I OS PROPOSEDSTORMWA TER MANAGEMENT ,�y ` L, { ; 1 f l 10 ., .4,;`, I RESERVATION AREA0 tip,Y '� f �) / Ty`yy4 (t6� 01 FOCAL POINT f ART DISPLAY AREA C 0 'LA 1`la «S rt 5 1 1 10 PROPOSED DROP OFF AREA(POROUS ti ASPHALT) a •© Q {f/.�,/ ) •A ) i `y 1Q EXISTING COTTAGE BUILDING sl jj��, , ,A. �. •, f `\�\ .,__ 17__.___ I I©1P CATEGORY VI BUFFER M+y� + tom 71 L // \, •Ii 10 ~4". 1 -'II ©EXISTING FOX BUILDING ' �'sv% ue.- ` •+LYL •..' Q ! 4,'+/ • O ' r 12 Q PROPOSED WOOD OR COMPOSITE DECKING "XT + ! SHADE I PLATFORM a - 21 I 18 I ®PROPOSED OUTDOORCLASSROON WITH E'EAM,►A6` liyl 'i 1 ( CONCRETE OR PAVER PLAZA JI 3EXITING WOOLMAN BUILDING 4 ATINFuTnwe eaAewwewA I1{�J/ I, I v I �,, I ©���EO COVERED OVERHAN G'\� J ©EXISTING ADMMISTRATION BUILD ING - T \/ A.a 19 PROPOSED NEW BUILDING ADFfgN I . ; © I EXTERIOR SHADED ART PATIO ,r° i H 1 LLARDEPER0ENCY VEHICLE ACC E SSI I �-L� L, a I AO4 I . T L7 ' I I i { • t / I / a 4 l.,, 2 ' .,I I 4 .. MASTER PLAN-PHASE 1 T VIRGINIA BEACH FRIENDS SCHOOL S dra i I 3 m f. M` VIRGINIA BEACH,VIRGINIA 218-0169 I..I"lJ n = '� WPL I LANDSCAPE ARCHITECTS I LAND SURVEYORS I CIVIL ENGINEERS OCTOBER 14,2021 u N INN TC a 11 -0 - VS of (D S ((DD O �1 NJO Proposed Modular Classroom Site Diagram ,i ; U e / ...:rz...___H____:tL ,. (...,,....., r fi . e '.` 7.......) 11 , .„,, . O N _,v ,, 1N , , 1- II II 1 _I G _ \ o - :. 1 1 A fff 1 1 p rim, , i i 1Jr) -1 i A � i. tiI r _ T skis t /fiJi r rt.- I —� • , __JJ 1• %_;- . --. --., —__. -4. 4111141t4P- 1 "'... ...-::. —1 `LI," ,.. tit,--.. --,..' Z''. 0 E it %.i_ /� _ ��' .Joy _ / -- Y .. \- 0 LLI N •e _ 7,.....A.:11 0 Ole �_ / ''(..' S. / , Q WM, t _ W ¢ ¢ / - ( t-j .. a. qZm :0 Py --_____ ~ • The Friends School Agenda Item 2 Page 8 Proposed Building Elevation INI • s#r _ � sit 31"::... - illik I \ . j a if; ---, - , s t7 1 7 W e 7 Z W _\\O—\ ' E CeWi1 : _ W c EFa T .m /W E b X_ 8 \ .- l!! _ 0 s L \ / = I d `! E,t g. m t _Q '_ Ce = s' s x Z m m- . s oC V The Friends School Agenda Item 2 Page 9 Site Photos • r `~ .r -441-t'k :a :sir . .,, .. , t: . ., k- sD, • NO W lips : ST , .'i ' -s 111 .` Ale .R s ,• � t�� a by i 1 �A. µ~eV+ ' y ►. - . t6 t r �-�,. s f""�f:!/ - ter.. ../s �:- - ! :� - t - ^ ' . -.,_.,.. r . •.;tea.. r' - �" IfIk..„ : # r �� all, IN ., t.. . .,. +" . Ai ' j _ A The Friends School Agenda Item 2 Page 10 Site Photos . • MIL. -; ' i y • �. - _.: ,- ....: '4 $'.. - _ , _, ... . ,. ;‘, .‘ . • .... „.„,... , _,..,, C r_. _ • -.'7'�..1� -4i4 _i ! ,(' -' _ '- "s '.`W..' a 'i .-: i The Friends School Agenda Item 2 Page 11 Disclosure Statement Disclosure Statement r1'a n'v,w'.a Bath Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name The Friends School Does the applicant have a representative? IIIIII Yes ❑ No • If yes,list the name of the representative. I.Bryan Plum lee attorney with Poole Brooke Plumlee PC,4705 Columbus Street,Virginia Beach,VA 23462 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The applicant is a private school and nonstock corporation. lean Crawford,Pres./Clerk and Dir.; Patrick Goold Recording CLerk -AarClay,Dlmrinr • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Virginia Beach Monthly Meeting of Friends,an unincorporated association("The Meeting").*While It does riot meet the exact -defaition connecting to Laskin Rd.to TFS. Since TF5 began,The Meeting has continually permitted IFS to park vehicles and use the ingress and egress to Laskin Rd. TFS's parcel was transferred from The Meeting. •"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. r"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(Ili)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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. Revised 11.09.2020 11 P a The Friends School Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement 113 �.� Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property' ❑Yes ■No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the proper II Yes 0 No • If yes,identify the firm and individual providing the service. WPL,Principal landscape architect William D.Almond,242 Mustang Trail,Suite 8,Virginia Beach,VA 23452 5. Is there any other pending or proposed purchaser of the subject property?0 Yes NO • If yes,identify the purchaser and purchasers service providers. 2I The Friends School Agenda Item 2 Page 13 Disclosure Statement Disclosure Statement Ni13 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?•Yes ❑ No • If yes,identify the company and individual providing the service. S.B.Ballard 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?U Yes 0 No • If yes,identify the firm and individual providing the service. AES,Mark Ricketts 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■ Yes 0 NO • If yes,identify the firm and individual providing the service. Poole Brooke Plumlee PC-J.Bryan Plumlee,4705 Columbus St.,Virginia Beach,VA 23462 Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature M t c (iw ( Rc,rli(Fa 2 { •• , rCG{--2,,--- Print Name and Title c7/3/ 2( Date Is the applicant also the owner of the subject property? E Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No champs as of Date 11/16/2021 1Signature j I Pant Name j Marchelle L.Coleman Revised 11.09.2020 3 I P age The Friends School Agenda Item 2 Page 14 Disclosure Statement Disclosure Statement 'NB Planning elo ity ment&CommUn P Owner Disclosure Owner Name The Friends School(aproximatety 1/3 of the affected parcel under 1999 CUP). Applicant Name The Friends School Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) A nonstock corporation. Jean Crawford,Pres.,Clerk and Dir.; Patrick Goold Recording CLerk and Dir.;Hank Ghittino,VP,Asst. n.ur.nir •n,r«..��l.arrLmy,rur • If yes,list the businesses that have a parentsubsidiary3 or affiliated business entity'relationship with the Owner, (Attach a list if necessary) Virginia Beach Monthly Meeting of Friends,an unincorporated association("The Meeting").*While it does not meet the exact _rfeflnblev�,. Affilin rld.I9c.ara intertv,ined-higMrirally -- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes It No ▪ If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship`means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 0 age The Friends School Agenda Item 2 Page 15 Disclosure Statement Disclosure Statement NA3 h'Y 44... i t1P••to• , .�.•t,.. Planning&Community •ek�pt Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • f yes,identify the financial institutions providing the service. 1 Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes ■No • If yes,identify the company and individual providing the service 3 Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application Of any business operating or to be ope-ated or the property?0 Yes III No • If yes,Identify the firm and ndividua'providing the service. 4. Does the Owner have services from an arddtect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?•Yes 0 No • if yes,identify the firm and individual providing the service WPL.Principal landscape architect William D.Almond,242 Mustang Trail,Stifle 8,Virginia Beach,VA 23452 5. Is there any other pending or proposed purchaser of the subject property?0 Yes III NO • if yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?1 Yes ❑No • If yes,identify the company and individual providing the service S B Ballard 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?•Yes 0 No • If yes,identify the firm and individual providing the service. AES,Mark Ricketts Revise('11 09.21120 6 I ' The Friends School Agenda Item 2 Page 16 Disclosure Statement Disclosure Statement Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?tr Yes ❑No • If yes,identify the firm and individual providing legal the service. Poole Brooke Plumlee PC,J.Bryan Plumlee,518-5615,4705 Columbus St.,VB,VA 23462 Owner Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing,f am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 112?..6": Owner Lola{ bred) - Prtnt Name and Title 7J3 /Z/ Date Revised 11.09.2020 7 l P a g e The Friends School Agenda Item 2 Page 17 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 Friends School Agenda Item 2 Page 18 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 2 The Friends School [Applicant & Property Owner] Modification of Conditions 1537 Laskin Road RECOMMENDED FOR APPROVAL— CONSENT David Weiner: Thank you. Now we'll move on to the Consent Agenda and Vice Chair Wall will take over. Jack Wall: Thank you, Mr. Chair. We have seven consent items on the agenda today. The first item is agenda item number two, Friends School, a Modification of Conditions. Address is 1537 Laskin Road in the Beach District. Is there a representative for this item? David Weiner: Two representatives. Jack Wall: Welcome. Hi, please state your name for the record. Mr. Roethlisberger: Good afternoon. Todd Roethlisberger with Poole, Brooke, Plumlee PC on behalf of the applicant and with me is Billy Almond who's on behalf of the site planner. Jack Wall: Okay. Are the conditions acceptable? Mr. Roethlisberger: Yes, we accept all conditions. Jack Wall: All right. Thank you. 1 Mr. Roethlisberger: Thank you. Jack Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none. The Planning Commission has asked Mr. Inman to read this into the record. Michael Inman: Thank you, Mr. Wall. This is an application for Modification of Conditions and has to do with a private school on Laskin Road, Friends School. Been there for quite a long time. It's also existing zoning is B2 and A18 apartment. So, it's located in the Hilltop SGA, and the applicant's now seeking to reduce the acreage of the site because the rear portion of the property has been sold. Approximately 6.63 acres will be removed from the Friends School property and about four acres will be remaining. Agenda item three will reflect here next, the new property owners desire on how to redevelop it. The staff has stated that the request for the modification is acceptable. Per the city's Zoning Ordinance, a 15-foot wide buffer, landscape buffer. The category four landscaping is required along the property lines abutting residential or apartment districts. However, the applicant proposes to install a 10-foot wide landscape buffer instead of 15 feet. But with the addition of a six-foot tall, solid cedar wood fence with cap and evergreen plantings reaching them minimum of 10 feet in height. So, staff is supportive of this deviation to the code requirements, and we have decided to put on the Consent Agenda for that reason. Michael Inman: Sorry. David Weiner: Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: Mr. Redmond. 2 Dave Redmond: Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 CONDITIONS: 1. All previous conditions attached to the Conditional Use Permit approvals of May 28, 1996 and September 14, 1999 shall be voided and replaced with the following conditions below. 2. A 10-foot wide landscape buffer with Category VI landscaping is proposed for this site. This is a deviation to the 15-foot wide landscape buffer with Category IV landscaping, as required by the City Zoning Ordinance. 3. When the property is redeveloped, it shall be in substantial conformance with the Conceptual Site Layout entitled "MASTER PLAN — PHASE 1, VIRGINIA BEACH FRIENDS SCHOOL, Virginia Beach, Virginia," prepared by WPL, dated October 14, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The exterior of the proposed building addition shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "VIRGINIA BEACH FRIENDS SCHOOL — EXTERIOR RENDERING," prepared by HBA, dated October 14, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The modular classrooms shall be located on the site as depicted on the diagram entitled "TEMPORARY MODULAR CLASSROOM SITE DIAGRAM —VIRGINIA BEACH FRIENDS SCHOOL, Virginia Beach, Virginia," prepared by WPL, dated August 16, 2021. The modular classrooms shall be limited to a five year time frame from the date of City Council action or within six months following final occupancy approval by the Building Official's Office, or whichever is sooner. 6. The student enrollment of the school, including all future facility expansions, shall not exceed 400 students. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 • p W i' W• ,� = �� • Q4 3 o o o 47( 0 Sli ---- , v- ( I co ''` 7 a t i ca Q to la IV. NI Ny to swum ill cmo 0 \ noun_ S o ;4 I .) c, ... ... , ow 01. A cli ,... a 3 00101.1 P n t, \ -- '-'. 51! is =1111 O a) alial \ et (..) ce _ .• \ \ _1 Y - Ca , 0 •I N ICC N.-ao \� 1 M Q 0 � N QD uIt 0 \ 0o hta� Go � � \, Q su N\ 0 00 4rOli , r----_____±, _______k 0 ii- 0 * \ N \ >, o COCL VA L',,L -- cA N CO Ilia V a N\ , �uu��yi roS�. h f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1537, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Private School) for the property located at 1537 Laskin Road (GPIN 2417081031). COUNCIL DISTRICT — BEACH MEETING DATE: December 7, 2021 • Background: This is a request for a Modification of Conditions to remove 6.63 acres from the Conditional Use Permit for a Private School. The Friends School, located within the Hilltop Strategic Growth Area, has been in existence since 1956. Subsequently in 1996 and 1999, City Council approved expansions of the school. The applicant is seeking to remove a 6.63-acre parcel in order to construct a five building multi- family development as a matter of right under the current zoning of A-18 Apartment District. • Considerations: In Staff's view and Planning Commission concurred, the proposal to remove this property from the previously approved Conditional Use Permit is acceptable. The Comprehensive Plan for the Hilltop SGA designates this site for institutional use, specifically for the existing Friends School; however, the proposed use is permitted by-right with the current zoning designation of A-18 Apartment District. It is also compatible with the adjacent multi-family uses to the west and east of the site. The reduction in acreage for the school will not be detrimental to the surrounding properties as parking can continue to be met on the school site, vehicular access is not hampered, and the current limit of student enrollment can be accommodated on the smaller campus. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 10, 2021, the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 11-0. 1537, LLC Page 2 of 2 ■ 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 Department0 City Manager:go Applicant & Property Owner 1537, LLC Agenda Item Ifi:3Planning Commission Public Hearing November 10, 2021 City Council Election District Beach 3 Virginia Beach Request Modification of Conditions Staff Recommendation ; , Approval i OA / c Staff Planner ; ►,�� ptyn,nc Marchelle Coleman - ° g 111 S / ti - Location us,,^a • 1537 Laskin Road ,-, - GPIN op ,,,o„".,� 1•10"..."-eie . ,�. 2417081031 _ • Site Size 1 ir`�> r 4 . a'—' 6.63 acres _ l lb AICUZ T___i'I J, m c i Vnp,Na Beach Boulevard Greater than 75 dB DNL -- cn g &In 8 --Cl ( 1 1 1 i - Watershed l 6 �,a 4 1 —i1 Chesapeake Bay Existing Land Use and Zoning District + ,T Private school/A-18 Apartment ' ' "• . • Laskin Road Surrounding Land Uses and Zoning Districts 1.- , -1. 1.4 - North c, 4:-: a :v, court . Laskin Road AP "' t F, .'..^' ' k ''-;`i Y Private school/A-18 Apartment -' South I i- e N , u ea1.: >.- 5 ,Iv1 4 �Fa'� � Yga'.' 1-264 East ,., y� • r �`�`r •- u f'.'` ;r. ' ' *R Multi-family dwellings/A-18 Apartment ;,. •_�-° ," 264 ' 4 i`\ Y Iv West ' `'') 0s Oa Donna Drive zea s-. . ut , .‘ , Multi family dwellings/A-18 Apartment ..-' -�y- .41 > 1• t 'bc•„car ,("l t "'�; 1537, LLC Agenda Item 3 Page 1 Background & Summary of Proposal • Located in the Hilltop SGA and zoned A-18 Apartment District,the Friends School has existed on this property since 1956.Subsequently in 1996 and 1999,the City Council approved expansions of the school. • The applicant is now seeking to modify the previously approved Conditional Use Permits to remove the 6.63-acre property from the permit in order to construct a five building multi-family development.The proposed use is consistent with the existing zoning of the property and can be developed as a permitted use by-right in this zoning district. l Laskin Ro.d _ r-T-C-- z r � V Zoning History i11. . # Request q -, [/4�s k. . 1 CUP(Expansion of School)Approved 09/14/1999 J-colt w '," ^ `� CUP(Expansion of School)Approved 05/28/1996 II - �, 45, -, __ ; `ms _ 2 REZ(B-2 to A-18)Approved 08/09/1992 �����` _ — 3 CUP(Expansion to Church)Approved 11/28/1983 '\ 1 \ g zc� 4 CUP(Bulk Storage Yard)Approved 08/21/2018 ® 5 CUP(Tattoo Parlor)Approved 05/07/2019 • �q�,n n,c $a '._t} CUP(Indoor Recreation Center)Approved 02/09/1993 ate.., ' _Cr C' _ yr row ' .«-- 'WI; ski if�c 'ra c, `� :1_! rtS] <?: In~'l I i r+. _. i {{ Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This request for a Modification of Conditions to remove this property from the previously approved Conditional Use Permits, in Staff's Opinion, is acceptable.The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Hilltop SGA.While the Hilltop SGA designates this property for an institutional use,the proposed multi-family development is found to be more consistent with the designated zoning of A-18 Apartment District and is in keeping with the adjacent uses to the west and east of the site. Although the property is located within the>75 dB DNL noise zone where residential uses are considered incompatible uses,the existing zoning of the property allows for residential dwelling units at a density of 18 units per acre and, because it is the current zoning of the property, is permitted to be developed with residential uses. Staff does not anticipate any negative impacts from a reduction in the property associated with the school,as the school's enrollment will not increase and all required parking on the site will be met and exceeded by four parking spaces. Based on these considerations,Staff is recommending approval of this Modification of Conditions request. 1537, LLC Agenda Item 3 Page 2 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 Hilltop SGA plan designates the subject property for institutional use of the existing Friends School institution. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with this site. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pL on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 22, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 3, 2021. 1537, LLC Agenda Item 3 Page 3 Proposed Demolition Plan � . Wild NOIl[lOW3O _x a 4 S±NJkLL 'db'IOOHDS SaN3I1:13 . . ',l' -: ..°.�...�p�-. dflOHJ SNOW14I1 i ,lI� S i 1 `� he� !..Y s_ . i � � r +� 'a;,o rt ��e eEM a=. @ {a ��16 r ��'�Awl ,1.` f gip WO ! S (I[azfOtl'avo �gv3N z,Tgdrn-rpd..M A � • 11,0 !r7i.•.•.•s ss• # os r-04••+odr•+•++sa s ss+8 ••-• +sssio• • •••. 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ICS It ../ • yew-r., -�..�. s+s�: 14101 11011 ttty li t , I r ;'IC prs t e� \\ i:'. 1.1 Pi 61 �, 'utl f fji II V\ � .� - .��`6 i0 tit • 'a 1: ` ,t.i; _•':, kg--. =ia sa6 11 ._ . ,,.. a gi -� S x ki - — *tahl :1 i �t � sjir rl' lily 411 _ 1 i Q� „a `,:�4��_1.#�; Q _ ==fiI—ik • +I',! I '� p° `R 1 , ,. re {ems \96 r .�, ! .1 f 5,'I' �e f� e _I , n i .k fie Q J gOi g_ pp a ..w a. F i6 -- -- if,. '• r� ' p ; 't �i 1537, LLC Agenda Item 3 Page 4 0 10 0 1,5111/0 Mil r ` ,li1 , ... /+ J \ II 0 r,¢ts[wr ;6 a, i \ s. `._ :s I o E �g rr ,• \ �, I srorawwmtrorm I 64 (D ,,,..,ru 7.t1:i V. � 1 I I 3 r A, .. \ CO 4P MM."-.-,-�_. � R ` -. I I i 0 —/ - - - - 1 I , 1w I O*- a iA -- a _ \ /! 0. Q IrEIE II (NOT INCLUDED) 61 — s«..<_. !I , ► y•e. r \ WILDING 5 e .,:.. -4° ® ]STORY APARTMENT BUILDING C •+� • c,ue'i» 1 1� —�1 ___I QO JGARaGE SPACES 9 �1 i i f p rp � 11` � I If- ..n. '26 1 •.�. T I • ir I ;3 r);i1712 h • . �- —n 1 (PARCEL n-oERn P nxnuln we t .."...\\X'' : ::• - , j ` '�` r 4 . ( REMAIN AR OF ' :41 S8. TBaer• 141 : . _ — PA'R'��Jt �_ m I 211 1-----1 I I 161 LP H - I IIQ. 7-1 OC Q E ( �' aYS44 �� I • '� offo----, I t -' ,_! n 44 t ! 0 UigI i' = S �; - ,� - RUILOINO7 Id ('ll Z T BUILDING I — 3 STORY A➢ARTMENT B{R1.7•q a., UI [ 3STORYAPARTMENTRUIWMO 6GARAGE SPILZ• ,.pL t Q It - — -�-� 111 1111 °I I I 1 _," ,/ , t._. ' a �:.%�'.. O -CFI(ARL. j. `E o le' (PARCEL I4 PER TITLE;OMMRMERTI ^�Y \ II T7 ' w'T.,.a ".'�' r PORTION OF•. ��� »?.» \..., I{ , 1 t2r1 I .... .Z17: FORMER MAE PROPERTY = ,'I g C/.O !I Q I— o) U1 — W In W C) Site Photos Ems' v r �y• ' •.".,i N :,t, icy b, . :-.7:, ... ,,.., ,: ,, , ,',",. '''',',5 !, -'3 >10 .•**f. 4, 3, w • { ` f i . --.• `;I. >fi'Li`. -f TA (1J�•j'r`�1 rif.i7 1i '7ll?P[?t f11i11� �T t` fin. 3i- a4, �.:*,. {- ,0. •`f. i • . • k t, � z Y �JL� - ' �, " .� .1 `lts� > ., * �.� .. `r.. ' ..a- �• '�`-...yam,-. _ .cam wa.=... �� a• is.^*---,woe - -—;$'^,' ..-1.---- _ e_ f .. --472l Y..- - -1"141 a�+',.,-... ....,,,.a-.. F .tea 1537, LLC Agenda Item 3 Page 6 Site Photos III ---- i i 1 - — - Lac. :1._ t .tom..., --4 1. A ♦ -.—r0.1.'t1l !) . -` _ ':,.c}• _ _ Y • b A_ 1537, LLC Agenda Item 3 Page 7 Disclosure Statement Disclosure Statement 'NB Planning&Community —n'_ Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name 1537,LLC Does the applicant have a representative? LX Yes ❑No • If yes,list the name of the representative. Lisa M.Murphy Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes 0 No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached list. • If yes,list the businesses that have a parent-subsidiaryt or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached list. "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2.3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the saute person own or manage the two entities;there are common or commingled funds of 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. Revrsea 11.09.202V 1 I 1537, LLC Agenda Item 3 Page 8 Disclosure Statement Disclosure Statement ON, tnrwtnt. Planning&Community Development Known Interest by Public Official or Employee Uces an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ki No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? •i Yes ❑No • If yes,identify the financial institutions providing the service. Private entity-non-public 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? it Yes ❑No • If yes,Identify the company and individual providing the service Breeden Realty,LLC 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑No • If yes,identify the firm and individual providing the service, Sherman,Spero&Salarino/KPMG 4. Does the applicant have services From an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?n Yes No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. Revved 11 09.2020 2 1537, LLC Agenda Item 3 Page 9 Disclosure Statement Disclosure Statement AB eq„,,,,-minn Rod, _r•.- '�°" Planning&Community „Ivor�` Development \____________. , ,.,........:: . - -- - 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?IE Yes ❑ No • If yes,identify the company and individual providing the service. Breeden Construction,LLC 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,identify the firm and individual providing the service. hoggard-Sure Associates,P.C./The Timmons Group 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated or the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Willcox&Savage,P.C.,Thomas G.Johnson,Jr.,Gregory D.Lydon&Lisa M.Murphy Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any publ c body or committee in connection with this application. 1537,153�nager,LLC its Manager J.�. App Icant Signature L / iii. ji4A.kstaA I( J. Print Name a,itle r Date Is the applicant also the owner of the subject property? I Yes 0 No • It yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 11/16/2021 Signature j,> Print Name Marchelle L.Coleman Revised 11.09.2020 Wage 1537, LLC Agenda Item 3 Page 10 Disclosure Statement Disclosure Statement - 1537 LLC 1537 LLC Members: Ramon W. Breeden, Jr. C. Torrey Breeden Manager: 1537 Manager, LLC Members: Ramon W. Breeden, Jr. C. Torrey Breeden Officers of 1537 Manager, LLC Ramon W. Breeden, Jr. C. Torrey Breeden Tim Faulkner Terry Marshall Larry Dunn Frank Wiley Brian Revere Affiliated Business Entitles BREEDEN INVESTMENT PROPERTIES, INC. BREEDEN COMPANY, INC BREEDEN REALTY, LLC BREEDEN CONSTRUCTION, LLC BREEDEN DEVELOPMENT CORP (Additional Affiliated Business Entities provided upon request) 1537, LLC Agenda Item 3 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. 1537, LLC Agenda Item 3 Page 12 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item #3 1537, LLC [Applicant& Property Owner] Modification of Conditions 1537 Laskin Road RECOMMENDED FOR APPROVAL—CONSENT Jack Wall: Okay, thank you. The next item on the Consent Agenda is agenda item number 3. 1537 LLC, for a Modification of Conditions at 1537 Laskin Road in the Beach District. Is there a representative for this item? Lisa Murphy: Good afternoon, Chairman, Vice Chairman, members of Planning Commission. For the record my name is Lisa Murphy, local zoning attorney, and I'm here for the applicant and owner of 1537 LLC. I appreciate all the time that Marchelle spent on this. One thing I'd like to just correct, is that there aren't any conditions associated with this Modification of Conditions because we are removing the use permit from the property. Jack Wall: Understood. Okay. Thank you. Lisa Murphy: Thank you. Jack Wall: Is there any opposition for this being placed on the consent agenda? Hearing none. Appointing commission has asked Ms. Klein to read this into the record. Robyn Klein: The applicant is seeking to modify the previously approved Conditional Use Permits to remove the 6.63-acre property from the permit in order to construct a five building multifamily development. The proposed use is consistent with the existing zoning of the property and can be developed as a permitted use of by right in Zoning District. Staff recommends approval and the Planning Commission agrees. 1 Michael Inman: Sorry. David Weiner: Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. 2 Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 09£ 00£ OtZ 08 6 OZ L 09 0£ 0 lead 6uip1in8 6uiuo7 I 1 s peoj upisei z£91, suomod Apedoad .40\141h.M 011 `saa)laeH 91!S K L L_ zpd za ,_ zed ______ , _ peos-upisei______ peoGs- •� f \0, 11 woo, 1►, \ 0, VEI i\ _O \%. ' ' ;3 i o0 10 7\ OZ2! Za \ _____-cimo- i.:1\ta 0 t, p, , o o ZO 01721 00.. _ __ 0 3 �� �� 0 / ,-, i ..,,, ,ram°£u'E'zi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HACKERS, LLC [Applicant] POTTER PROPERTIES GROUP, LLC [Property Owner] Conditional Change of Zoning (B-1 Neighborhood Business District to Conditional B-2 Community Business District) for the property located at 1532 Laskin Road (GPIN 24170912560000). COUNCIL DISTRICT — LYNN HAVE N MEETING DATE: December 7, 2021 • Background: The applicant is requesting a Conditional Rezoning from B-1 Neighborhood Business District to Conditional B-2 Community Business District to allow for convert an existing, vacant building into an eating and drinking establishment with virtual golf simulators. While the restaurant has been able to and could continue to operate without Planning Commission and City Council consideration, the golf simulators are considered "Indoor Recreation" by the Zoning Ordinance, which is not a permitted or a conditional use in the B-1 Zoning District. Thus, a rezoning to the B-2 District is required. The virtual golf simulator area is below the threshold of 7,500 square feet for a Conditional Use Permit. A 3,000 square foot addition is proposed for the west side of the structure. The exterior of the building will undergo a full renovation, including a redesign of the existing covered drop-off area, with new paint, stucco, and a mixture of metal, glazing, and wood materials. There is a legally nonconforming sign on the property that the applicant proposes to reuse without alteration to its size or height. • Considerations: Generally, Staff and the Planning Commission are supportive of this proposal, which is compatible with the Comprehensive Plan and the Hilltop Strategic Growth Area Plan. The building's age and history as an eating and drinking establishment make it a good candidate for redevelopment. Planning Commission concurs with Staff's recommendation that the nonconforming sign on the property should be removed and replaced with a monument style sign and that all other proposed signage meet the minimum standards of the Zoning Ordinance. Under current regulations, the sign is both taller and larger than would be permitted by the Zoning Ordinance. When a discretionary action is requested, it has been the consistent practice of the Planning Department to request that nonconforming signs be replaced with ones that conform to the current standards of the Zoning Ordinance. Hackers, LLC Page 2 of 2 Staff was under the impression that the applicant had agreed to remove and replace the sign but was informed by the applicant's representative on November 9, 2021 that the applicant had reconsidered. The current proffers reflect the existing nonconforming sign remaining on this site. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 10, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: / j7 BApplicant Hackers, LLC Agenda Item Property Owner Potter Properties Group, LLC Planning Commission Public Hearing November 10, 2021 14 City Council Election District Lynnhaven Virginia Beach Request Conditional Rezoning (B-1 Neighborhood Business to Conditional B-2 Business District) Staff Recommendation \ s b lik.4404 Approval r f 1. Dn„o� -1 D�;�e 4 s`a^e op Staff Planner `, m pave e Hank Morrison rows 0 �,e1 la^e `- D Lau' z Ca,p1y eve , Location I ' o 1532 Laskin Road n s} S. ado z N w G P I N so.,^ _� a 2417091256 \ o s Donna Doge Reynartl Dr ve Site Size 26< - 81,202 square feetD;dv 9nw Beach Road AICUZ 0-1 Greater than 75 dB DNL �6. 764 f 264 1 J Watershed A Chesapeake Bay Existing Land Use and Zoning District ° ""tom } ' - r Eating& Drinking Establishment /B-1 i ,: Neighborhood Business ti9.' • ' . y, , L 1: Surrounding Land Uses and Zoning Districts `<` D �' North - Undeveloped /0-2 Office _' Southitr; �_ �, Laskin Road, religious use /A-12 Apartment , ,,,_.. East Laskin Road `` "= Single-family dwellings / R-20 Residential .. r West 3 4 Retail / B-2 Community Business : t` 4s-' ' Hackers, LLC Agenda Item 14 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Rezoning from B-1 Neighborhood Business to Conditional B-2 Community Business to convert an existing,vacant building into an eating and drinking establishment with virtual golf simulators. While the restaurant has been and could continue to operate without Planning Commission and City Council consideration, the golf simulators are considered "Indoor Recreation" by the Zoning Ordinance, which is not a permitted or a conditional use in the B-1 Zoning District. Thus, a Conditional Rezoning to B-2 is required. • The 81,202 square foot site is located along Laskin Road, within the Hilltop Strategic Growth Area (SGA), and adjacent to the the Hilltop East Shopping Center.The property is currently developed with a 10,000 square foot restaurant building. • A 3,000 square foot addition is proposed for the west side of the structure. The exterior of the building will undergo a full renovation, including a redesign of the existing covered drop off area, with new paint, stucco, and a mixture of metal, glazing, and wood materials. • The dining area will be approximately 9,143 square feet, with approximately 4,075 square feet dedicated to seven private golf simulator rooms and one larger VIP golf simulator room. • A total of 111 parking spaces are required for the proposed uses. There are 131 spaces depicted on the layout plan. • The site is adjacent to residential uses. However,there is a six-foot tall vegetated berm along the eastern property line that has created a barrier between the properties, which helps to mitigate potential nuisances such as noise and light eminating from the subject property. 3a QJ wie __ • 0' • • Zoning History # Request 1 � 1 CUP(Indoor Recreation)Approved 01/13/1993 �+ A 2 CUP(Private School)Approved 04/10/1996 3 CUP(Flea Market)Approved 02/26/2013 L•skin ROW__ - 114 Ate Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The request to rezone from B-1 Neighborhood Business to Conditional B-2 Business is acceptable. The proposed redevelopment is compatible with the Hilltop Strategic Growth Area (SGA) Plan,which designates this site as Hackers, LLC Agenda Item 14 Page 2 "nonresidential mixed-use." The Comprehensive Plan encourages the redevelopment of outdated commercial structures; because of the age of the building and its prior history as an eating and drinking establishment, it is a good candidate for redevelopment and reinvestment. Additionally,the substantial earthen berm along the eastern property line will continue to provide separation between, and limit potential negative impacts to,the adjacent residential uses. After consulting with Traffic Engineering,the applicant has proffered a conceptual site plan that reflects the ongoing and imminent improvements that are planned for the roadway project on Laskin Road.These improvements include closing one of the curb cuts along Laskin Road, which will reduce potential points of conflict and improve traffic and pedestrian safety in the area. There is a legally nonconforming sign on the property. Under current sign regulations, it is both taller and larger than would be permitted by the Zoning Ordinance. When a dicrestionary action is requested, it has been the consistent practice of the Planning Department to request that nonconforming signs be replaced with ones that conform to the current standards of the Zoning Ordinance. Staff recommends that the nonconforming sign on the property be removed and replaced with a monument style sign and that all other proposed signage also meet the minimum standards of the Zoning Ordinance. Staff was under the impression that the applicant had agreed to remove and replace the sign; on November 9, 2021,the applicant's representative informed Staff of their reconsideration.The current proffers reflect the existing nonconforming sign remaining on this site. In discussion with staff,the applicant has agreed to remove the nonconforming sign and replace it with one that conforms to the current standards of the Zoning Ordinance. The Based on the considerations above, Staff recommends approval of this request subject to the proffers provided,given that the nonconforming sign on the property be removed and replaced with a conforming one. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is redeveloped, it shall be developed and landscaped substantially as shown on the exhibit entitled "ARCHITECTURAL SITE PLAN DIAGRAM ADDITION AND RENOVATIONS FOR HACKER'S AT HILLTOP," dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). Proffer 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits labeled, "ADDITIONS AND RENOVATIONS FOR HACKER'S AT HILLTOP SD101 AND SD202," dated August 31, 2021, prepared by Altruistic Design ("Renderings") with the exterior building materials being painted stucco, metal, glazing and wood as depicted on the Renderings, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors, substantially as depicted on the "Monument Sign Exhibit—Hacker's at Hilltop," dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Hackers, LLC Agenda Item 14 Page 3 Proffer 4: The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the "Dumpster Enclosure Exhibit Hacker's at Hilltop,"dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 5: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 6: Further conditions may be required by the Grantee during the permitting process and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable code requirements. Staff Comments: Staff has reviewed the Proffers listed above and recommends that the nonconforming sign on the property be removed and replaced with a monument style sign and that all other proposed signage also meet the minimum standards of the Zoning Ordinance.The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The subject property is located in the Hilltop Strategic Growth Area (SGA), which is designated as one of the eight urban areas in the city by the Comprehensive Plan. The Hilltop SGA Plan designates this area as nonresidential mixed-use with a permitted maximum height of five stories. Natural & 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 1 36,900 ADT 1(LOS°"D") Existing Land Use 2—1,122 ADT' Laskin Road 27,800 ADT Future Capacity: 70,400 ADT 1(LOS 4"D") Proposed Land Use 3—1,459 ADT' 1 Average Daily Trips 2 as defined by a 10,000 sf 3 as defined by a 13,000 sf restaurant °LOS=Level of Service restaurant Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road is a four-lane major urban arterial. The VDOT Laskin Road Phase IA project,which is currently under construction, will widen Laskin Road to eight lanes and remove the feeder road in front of this site. The site will have a direct access point to Laskin Road after completion of this project, which is currently scheduled for May 2023. Hackers, LLC Agenda Item 14 Page 4 Public Utility Impacts Water and sanitary sewer service must be verified and improved if necessary,so that the proposed development will have adequate water pressure,fire protection,and sanitary sewer service. Water The site is currently connected to City water.The existing two-inch domestic meter and six-inch fire meter may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to the City sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign was placed on the property on October 11, 2019. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 22, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-cou ncil/Documents/BookmarkedAgenda.pdf on December 3,2021. Hackers, LLC Agenda Item 14 Page 5 o E co J a i a) IZ (L ro 'CS • I ID IZDZ I9b£Z VINIONIA'H3V38 VINIOLI1A.OVOb NINSY1 Z£91. NYld 3.1.41 dO111IH IV Sa213MOVH f� 00 i•as 2iO3 SNOLLVl,ON3N ONV NOIlIoaV o-oy=,,. ViVUOVI4 NVld 31IS 1V if11O31IH32iV ,-- 61 b _436'\JA 1.4 ;�if----:� l _ 4 W 3Wv aO 431N L i a3ismna a3�33a s 1' ox�ar: 6 a o _ eNILSI / 3 airu.anals SNLLSIX3 ;noel 0 Acovv7 °a bZ l2 £t ,0 All / "" is 73117 e I � 1 03�311VNf1 NIVI13a _Nn nth co ++ Ol N3LV13J3h 01,4V 01839 ON.ISIX= 0 T co J Q) 41 0 0 a Proposed Elevation Plan V di V.V F D J A r R NLF„'V"- n Q CO n 1 PI ' 111r1 MI r Ur , .' s i,.. .1. i II 1 a - ui II ti4 a. 3 71._ z Q6 5. a, o ie ° w " ° U Q Q Hackers, LLC Agenda Item 14 Page 7 Proposed Elevation Plan CN 0 t N a L N L ti� r=� t4_• • res, AVE x si O it .sr 6 = cip ►- Z Q � III V L Q 2 Hackers, LLC Agenda Item 14 Page 8 Proposed Elevation Plan r o ' ii o0 uui i 1 ■ I a e'oza 8 v i a a z (.9 O � 05 1p o J LL m Z 2 Q �r o r Z D p RI co _a Q ce a E2 Es o 9 N o U IX & 2 0 :` W a W z wo = v KM Et, g a F U is P O Q M D o = Hackers, LLC Agenda Item 14 Page 9 .71- _1 E „ ro cu 0_ u (ti n3 ID SI a) VINIONIA.NOV38 VINtIA avoa d01111H LV S.213M3VH PO l•CIS .1.113114X3 NOIS ISons L * 111111 - nip Rom ' 11.4"— I 111.1 OMEN 1011111--111 14 11 1111111111 gnaw iris PIPMI 11 I cd Nif 0901 CULTNiWITY 5.t1 )1° Cliltill01111 WINN 131 anus atm US WNW°-11150111111 TITiaA0 113111110.1 7LLN41.8T P01S30 1E114 MIKIS imamarkai +H. =MI 211 01 01111011111111 9111k, 7111311103111111113611011110111 Oil V .1, rt3Ca CL 111J441111%. 1.1.1 cu (,) Proposed Floor Plan Z w W ,. R. tr -j - `? J _ W .1 a w R N a a a a —_—_ — - -- 1 a% 3- i 0 yO g W a LL I- F , 1"..1.1 L . j x f-1 - -7—I N _J J �a / 1 I S Q a z rl * I. J O3 ,—.7 —7] o I LL m w o z Q a a " CC zNci Ocr 0 rt L § Qz Liuz ccm o4f, o = V- LL � Q Hackers, LLC Agenda Item 14 Page 11 Site Photos • k e .4 • 1111111 1R i1JV 7 (r . • y � Hackers, LLC Agenda Item 14 Page 12 Site Photos ' IP - . .,. 5 • 7 a / Hackers, LLC Agenda Item 14 Page 13 Site Photos sir` 4 r i SO L N v Hackers, LLC Agenda Item 14 Page 14 Disclosure Statement Disclosure Statement Ni13 Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. the completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Hackers,LLC,a Virginia limited liability company Does the applicant have a representative? a Yes E No • It yes,list the name of the representatve R Edward Bourdon,Jr,Esq..Sykes.Bourdon,Ahern&levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,Is:the names of an officers,directors,members,trustees etc below (Attach a list if necessary) Edward Ore,Manager • 1+yes,list the businesses that have a parent•subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list it necessary) 'Parent;uos dary relationship"means°a relatonship that exists when one corporation directly or rnd:rectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and local Government Conflict of Interests Act,VA Code§2.2 3101. •'Affiliated business entity reationsnip"means"a relationship,other than parent subsidiary relationship,that exists when(,)one business entity has a controlling ownership interest in the other business entity,(ill a controlling owner in one entity is also a controlling owner in the other entity.or nil 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 substantialy 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 activ tes,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 II Hackers, LLC Agenda Item 14 Page 15 Disclosure Statement Disclosure Statement A/13 CIS', Via,&Fah Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent or the subject public action?❑Yes •No • I`yes,what is the name of the official or employee and who:is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraliration,etc)or are they considering any financing in connection with the subject of the application or any business operat ng or to be operated on the property? EYes ■No • I`yes,identity the financial institutions providing the service. 2 Does tie sop cant have a real estate broker/agent/reahor for current and anticipated future sales of the subject property? G Yes ■No • b yes,identify the company and individual providing the service 3. Does the app-rcant have services for accounting and/or preparation of tax returns provided in connection with the subject of the applicator:or any business operating or to be operatec on the property?U Yes ❑No • If yes,identify the firm and individual providing the service. Mentor CPAs&Assocates 4 Does the app rcant have services from an architect/landscape architect/land planner p(Aided it connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑ No • If yes,identify the firm and individual providing the sery ce. Jeremy Maloney,Altruistic Des gn 5 Is there any other pending or proposed purchaser of the subject property?U Yes U No • if yes,identify the purchaser and purchaser's service providers Hackers, LLC Agenda Item 14 Page 16 Disclosure Statement Disclosure Statement "NiI3 oiy u({iywl I..A Planning&Community Development 6. Does the applicant have d construction contractor in connection with the subject cf the application or any business operating or to be operated on the property?Ii Yes n NO • If yes,identify the company and individual providing the service Rudolph Construction.Partners,LLC 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?III Yes ❑No • If yes,identify the firm and Individual providing the service. Altruistic Design/Architectural Site Plan Diagram(Building owner provided survey completed by AES Consulting Engineers] 8 Is:he applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑ No • If yes,identify the firm and individual providing the service. R Edward Bourdon.Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.;Gabe McCoy,Esq.,Pierce McCoy,PLLC Applicant Signature I certify that all of the nformation conta,ned in this Disclosure Statement Form is complete,true.and accurate I understand tha.. upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application Hackers,LLL} A `( Fly r � i LA h-�1J Applicant Signature ,. - Edward Ore,Manager E:Cil.kbf-CA. '3 V�L- Print Nam and T le Q 31 ;\1 Date Is the applicant also the owner of the subject property? 0 Yes S No • If yes,you do not need to fi i out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any: r'ning Corn,:. ., ty Council meeting that pertains to the applications [X] ran rhang s ar of ] D•H 11/17/2021 sianaure /a//mom I"'"'"I"'"'"'" Hank 7Morrison 3I Hackers, LLC Agenda Item 14 Page 17 Disclosure Statement Disclosure Statement rry. rSaxt Planning&Community 3 _ Development Owner Disclosure Owner Name Potter Properties Group,LIC Applicant Name Hackers,LIC,a Virginia limited liability company is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • It yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list If necessary) Walter R.Potter,Manager; Members:Walter R.Potter,Trustee of the John Ray Potter Post 645 Trust;Deane P.Zimmerman, Trustee of the Dean S Potter,Jr.Family Irrevocable Trust-2012;G.Brock Potter,Jr.Trustee of the Gordon B Potter Family irrevocable Trust-2012 • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach-„t e an interest m the subject land or ant proposed development contingent on the subject public action/0 Yes N No • If yes,what Is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101 '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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 4 2.2-3101, 5): Hackers, LLC Agenda Item 14 Page 18 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1 Dees the Owner have any existing financing(mortgage,deeds of trust,cross-collateraluatmn,etc)or are they considering any financing i-connection with the subject of the application or any business operating or to be operated on the property, G Yes ■ No • lc yes,1r:entify the financial institutions providing the service. 2 boys the Owner have a real estate broker/agent/realtor for current arc anticipated future sales of the subject property' ■Yes ❑No • If yes,identify the company and individual providing the serv,ce Potter&Company 3 Does the Owner have services for accounting and/or preparation of tax returns provided in connector with the subject of the apo;icatior or any business operating or to be operated on the property'II Yes ❑No • if yes,identify the firm and individual providing the service Jones CPA Group 4 Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operatec on the p'operty'E Yes II No • If yes,identify the firm and individual providing the serve 5 Is there any other pending or proposed purchaser of the subject property?0 Yes •No • If yes,identify the purchaser and purchaser's service providers 6 Does the Owner have a construction contractor in connection w.th the subject of the apprrcat on or any business operating to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the applicator or any business operating or to be operatec on the property:NI Yes ❑No • If yes,identify the f rm and indenduai providing the service tarry Barry,OS Consulting Engineers Hackers, LLC Agenda Item 14 Page 19 Disclosure Statement Disclosure Statement NP3 Planning&Community De e1opnitrnt 8. Is the Owr.er receiving legal services in connection with the subject of the application or any business operatirg or to be operated on the property? Yes 0 No • if yes,identify the firm and individual providing legal the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C;Lawrence H.Bryant.Esq.,Williams M.,Iien Owner Sienature I certify that al of the information contained in this Disclosure Statement Form is complete,true,and accurate. I:ins e•stard that, upon recent of rotification that the application has Deer sc.-eduled for public-eating,I am responsib a to updating the information provided herein two weeks prior to thr meeting of Planning Commission,City Counci,VBDA,(SPA,Wetlands Board or any public body or committee in connection with this application. Potte•P pule p,LLC Fig Owner Signature Walter R.Potter,Manager Print a Ar7tle Da Rev;sec1 11.09.2020 l r Hackers, LLC Agenda Item 14 Page 20 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. Hackers, LLC Agenda Item 14 Page 21 HACKERS, LLC,a Virginia limited liability company POTTER PROPERTIES GROUP, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT,made this 31st day of August, 2021,by and between HACKERS, LLC,a Virginia limited liability company, Grantor, party of the first part; and POTTER PROPERTIES GROUP,LLC,a Virginia limited liability company,Grantor,party of the second part;and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Lynnhaven District of the City of Virginia Beach,Virginia,containing approximately 1.906 acres which is described in Exhibit "A" attached hereto and incorporated herein by this reference. This parcel as described in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part has contracted to acquire a leasehold estate in the Property from the party of the second part; and WHEREAS, the party of the first part as contract lessee and the party of the second part as owner/lessor of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-1 Commercial District to Conditional B-2 Commercial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2417-09-1256-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 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 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 Grantor, its successors, personal representatives,assigns,grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be developed and landscaped substantially as shown on the exhibit entitled "ARCHITECTURAL SITE PLAN DIAGRAM ADDITION AND RENOVATIONS FOR HACKER'S AT HILLTOP",dated August 31, 2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). 2. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the Exhibits labeled,"ADDITIONS AND RENOVATIONS FOR HACKER'S AT HILLTOP SD201 and SD202", dated August 31, 2021, prepared by Altruistic Design ("Renderings") with the exterior building materials being painted stucco, metal, glazing 2 and wood as depicted on the Renderings, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Renderings"). 3. The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors,substantially as depicted on the "Monument Sign Exhibit - Hacker's at Hilltop", dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Sign Exhibit"). 4. The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the "Dumpster Enclosure Exhibit Hacker's at Hilltop",dated August 31, 2021,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Dumpster Exhibit"). 5. All outdoor lighting shall be shielded,deflected,shaded and focused to direct light down onto the premises and away from adjoining property. 6. Further conditions may be required by the Grantee during the permitting process and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the 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 3 Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Potter Properties Group, LLC, a Virginia limited li lity company By: (SEAL) Walter R. Potter, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this Al day of 2021, by Walter R. Potter, Manager of Potter Properties Group, LLC, a Virginia limited ability company,Grantor. N ary Public My Commission Expires: (0'3o122- Notary Registration Number: '7 79� 11 PUB 1 ASHLEY CHR L HARRIS i NOTARY PUBLIC REGISTRATION 0 7799427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2022 • WITNESS the following signature and seal: Grantor: Hackers,LLC,a Virginia limited liability company By: ' L 1- (SEAL) ft )01YJ � ) Edward Ore,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this L 7--day of 5F?2"- z-R 2021,by Edward Ore,Manager of Hackers, LLC,a Virginia limited liability company,Grantor. Notary Public gIun��p�• .16040 rti • My Commission Expires: O :n Notary Registration Number: J'2.(„ 0 o ri9a Tin) rt4 c30,7p1 0 6' y=0� 6 EXHIBIT "A" Beginning at a point on the Northern Right of Way of Laskin Road (US Rte. 58) at its intersection with the Western Right of Way line of Winwood Drive; thence traveling West along such Laskin Road Right of Way a distance of approximately 210'; thence 441.06' along a bearing of N 15° 36' 29"W to a point herein after referred to as "The Point of Beginning",said point being a common point along the boundary line between Parcel 15, Property of Potters Property Group, LLC depicted on MB 138 pg. 34 and Lot 6, Paul L. Strasberg Subdivision depicted on MB 134, pg. 2; MB 129, pg. 14; thence 152.50' along a bearing of S 74° 23' 31" W; thence 166.75' along a non- tangent curve to the left with a radius of 240.63' and a chord bearing S 04° 14' 39" W; thence 221.66' along a tangent bearing of S 15° 36' 29" E to a point; thence 21.76' along a bearing of S 70° 18' 10"E to a point;thence 46.38'along a bearing of S 88°54'59"E to a point;thence 151.15' along a bearing of N 89° 39' 13" E to a point; thence 441.06' along a bearing of N 15° 36' 29"W to the "Point of Beginning"with said Parcel containing 1.906 acre of Land. This being the same parcel designated as Parcel 15 on the plat entitled "SUBDIVISION OF PORTION OF PROPERTY OF LUCILLE B.POTTER,et al LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated June 1, 1979 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 138,at Page 34. Less and except for that certain piece of land containing 0.045 acre,more or less,to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take No. C-504022 dated April 29, 2004 and recorded June 4, 2006 as Instrument Number 20040514000758920 and outlined in RED as Parcel 095 in State Highway Plat Book 13 pg. 5-5P both of which are recorded in the aforesaid Clerk's Office. GPIN: 2417-09-1256-0000 H:\AM\—Conditional Rezoning\Hackers\Proffer Agreement.docx 7 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 14 Hackers, LLC [Applicant] Potter Properties Group, LLC [Property Owner] Conditional Rezoning [B1 Business District to Conditional B-2 Business District] 1532 Laskin Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our final agenda item is agenda item 14 Hackers, LLC, an application for a Conditional Rezoning, B1 Business District to Conditional B-1 Business District on property located at 1532 Laskin Road in the Lynnhaven District. David Weiner: Long day. Huh? Eddie Bourdon: How're you sir? Mr. Weiner: I'm well, thank you for the record. Eddie Bourdon: A great day. Mr. Coston: We're down to the end. Eddie Bourdon: For the record am Eddie Bourdon, Virginia attorney representing Hackers, LLC, on this Conditional Rezoning application, Mr. Ed one of the principles of the applicant is with us and has been here for the most of the afternoon, along with Mr. Potter. Eddie Bourdon: 1 So we had somebody here that Mr. Horsley recognized today whose family owns this property and has owned this and the surrounding shopping center for longer than I think most of us, if not all of us have been on this planet. The subject property is zoned B1, it is well buffered from the residential properties to the east, with a berm and landscaping on that property that was my understanding was actually put in place by the Potter family decades ago as a part of this property being rezoned decades ago. They agreed to put the berm and allow it to grow up and become a great buffer between the two properties. Eddie Bourdon: I know you all were anticipating as proffered that the application would be on the Consent Agenda except the staff is. And I want to thank Hank Morrison and, and Carolyn Smith and the staff on their work on this application. I heard what was stated this morning in the informal, passed it on to Mr. Ore, and Mr. Potter, they still want to pursue retaining the existing sign VDOT with Laskin Road project did not condemn the sign. Did not pay for the sign. But for the fact that these local investors and that's what this is, not some national franchise. This is, these are all local investors, local businessmen, but for the fact that they're, they have a concept that they think will be a winner. And that is the restaurant with the indoor golf simulators on which you can play every major known golf course in the United States with the exception of Augusta National, the Home of the Masters, which I personally as an avid golfer and Mr. Garrington and we're looking forward to this and I think there are a lot of other people who are for playing in bad weather, indoors, quiet. But, for that, the sign can stay. The restaurant doesn't need the rezoning. It's just the indoor simulators. And that's just a quirk of our 1973 Zoning Ordinance. So, they're investing a lot of capital to redo this entire building, revitalize the site and to purchase the simulators and everything else that goes along with opening this new business. That's a big risk, it's a big investment and it's a big risk. And unlike Top Golf, their visibility, isn't quite as good. They don't have a huge fence that you can see for miles around. So being able to people to know that they're there is important to them. So that's the reason they would like to keep that visibility. Now maybe at some point that can be removed, but to start that business for the initial number of years to get, and they've got a long term lease on this property. Again, they are making a large investment as a long term tenant under a land lease that signs of huge potential value to them to get that business recognized and understood that it's there. So, that's the reason they are aware of what normally happens in these circumstances. And I buy some of what you all had to say this morning. What we would like for you to do is move this onto City Council with an approval, but you can certainly put on the record and I will let every Council person know your feelings that the sign needs to be made conforming. If that's what your feelings are. That's what I heard this morning. I think Council hopefully will have a sympathetic ear, but one way or the other, they'll be the ones that make the decision, whether the sign comes down or the sign states. And that's I think all this boils down to based on what I heard this morning. And so I'll leave it in your hands. If you have any questions, I'd be happy to answer them. But both the Potter family and my clients, the applicants are both desirous of trying to keep the sign. Thank you David Weiner: 2 Any questions from Mr. Bourdon? Mike Inman How about to get the sign for two years and then they have to conform? Eddie Bourdon: Anything along those lines would be better than not having it. David Weiner: This business is going to take off, and once the word spreads. They're not going to need a sign. You are not going to need a sign. Mrs. Klein: It's on Laskin Road. David Weiner: What's the traffic count on Laskin? You know what I mean? This is people want, they're going to want into this place. The site location is huge. You sell beer. Dee Oliver: Everybody knows it's been empty for years. David Weiner: I know. In my opinion, who wants to get first go, Mr. Redmond. Mr. Redmond: Well, I think what he said, and I sort of said it this morning. I think that's the proper course. I do not support that sign. I think a monument sign would be more appropriate. I don't think anything would be served by a recommendation of denial for what is an obviously beneficial redevelopment. Okay. It's an eyesore of a property today and it's going to be a lot nicer property and it's not getting past City Council. I know City Council members who watch Planning Commission. This is the good news. They watch Planning Commission and they read the transcript. The bad news is the last debate we just had. So they probably saw all that. But I would say, I think it's for this to be approved by City Council, that non-conforming sign needs to be removed and replaced with a monument sign. That is my view. Okay. But I don't think any purpose is served by denying this application. Because it's a very fine redevelopment, but very 3 obviously the applicant doesn't want to, he's not going to take our word for, he's only going to take City Council's word for it is what I'm reading it to this situation. I let's not make a mountain out of this because that sign ain't going to be that way. It's just not. So I would urge that we all do. I'm not going to make a motion right now because other people have.. Dee is shooting arrows to me as I'm- Dee Oliver: I'm not shooting any arrows. I just feel bad because we've already just asked somebody else. We've just asked them to conform for their application. And they're not a big conglomerate either. So I just- David Redmond: Each application is different- Dee Oliver: ... I didn't say each application isn't different, but the zoning ordinance sign thing isn't. David Weiner: Mr. Graham. Whitney Graham: Oh boy, I see this property all the time. And I've had probably a lifetime of sodium at the Japanese restaurant that used to be there. When my kids were little, glad they're older now. And that the restaurant's not there, but this is like I said, this morning, this is long overdue. I think it's a beautiful building. I think it's a fantastic concept. I think it's going to take off. The sign being there or not being there is not going to affect your business at all. You've got almost 30,000 cars a day going by this. You're close to a couple of golf courses, country clubs. I don't think you have any problem. I agree with Mr. Redmond and I agree with Mrs. Oliver. I feel like if we deny this or we recommend for denial that I don't think we're really helping anything. I think we send it on to City Council, let City Council deal with it. I think that Council they're going to look at this. I'm going to pick up the telephone. I just don't think that the sign is consistent. Whitney Graham: Most of the time, did it earlier today with one of your earlier one of your applicants, actually, we didn't even have to him to ask him to do it. He removed his pylon sign and did a monument, over on Holland Road. And your attorney knows that. It does disappoint me that you're not willing to work with us. But at the same time, I think it's a great a concept. And I will be voting in support with my suggestion to Council that that pylon sign goes bye-bye. 4 Mrs. Klein: Right. I cannot in good faith vote for an application that I don't completely support. Although, I understand exactly what you're saying. We can't rely on City Council. And so I am voting against the application as it currently stands. David Weiner: Okay. Who's else, do you have a motion with a recommendation or however you want to make a motion, Mr. Redmond? Mr. Redmond: I move approval of the application. Whitney Graham: I'll second with the recommendation to City Council to remove the sign David Weiner: Can you do that? You can't really do that? Look at it'll be on the record on the record. If they read it Whitney Graham: Let the record state that the Plannning Commission has made the suggestion that there by a monument sign, not a pylon sign. David Weiner: Recommendation for approval by Mr. Redmond, the second by Mr. Graham. Dee Oliver: What was your motion? David Redmond: Approval. Dee Oliver: I've got the approval. With? David Redmond: There's no such with. 5 George Alcaraz: Did Mr. Redmond accept that? David Redmond: Yeah, I did. George Alcaraz: Okay. Whitney Graham: It's just a suggestion to the City Council. Madam Clerk: Vote is open. By recorded vote of eight in favor two against agenda item number 14 has been recommended for approval. Eddie Bourdon: Thank you all and I will make sure as well that all the Council people are aware of the fact that you all wanted the signed to be a monument style sign, there won't be as thank you. David Weiner: Well, this has been a really interesting day. Do this more often. Any other questions? Concerns old business. Y'all in the back. Thank you very much for being here. Thank you. All right. We are adjourned. Yes. All done. AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley ABSENT Inman AYE Klein NAY • Oliver AYE Redmond AYE Wall NAY Weiner AYE PROFFERS: 6 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is redeveloped, it shall be developed and landscaped substantially as shown on the exhibit entitled "ARCHITECTURAL SITE PLAN DIAGRAM ADDITION AND RENOVATIONS FOR HACKER'S AT HILLTOP," dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). Proffer 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits labeled, "ADDITIONS AND RENOVATIONS FOR HACKER'S AT HILLTOP SD101 AND SD202," dated August 31, 2021, prepared by Altruistic Design ("Renderings") with the exterior building materials being painted stucco, metal, glazing and wood as depicted on the Renderings, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors, substantially as depicted on the "Monument Sign Exhibit — Hacker's at Hilltop," dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 4: The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the "Dumpster Enclosure Exhibit Hacker's at Hilltop,"dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 5: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 6: Further conditions may be required by the Grantee during the permitting process and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable code requirements. 7 Staff Comments: that all other proposed signage also meet the The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 8 / W Job)1V ( C/' -co, CO 0 I/ ,7CO N r CV N M 0 \ 0 CO \ N N. K\c`l,„ \ /!a\ �ov\ o co o o 4?,2I‘t asmN a O - cia N • iM O -CO m aN 2 10,, \ Z v ,mom in 1- 44- �All cS1 / Tr trt o * aniaQ-paemp3 alei J Ell ��0 N N Q °' / Mal 111 c�� —\ '� a (rNI = o a ,� eak�t \� o 6 a N m _ ..) a 13 N y 2 Pi],. 1 ©,,, i , igrifr-tA,N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOSE M. RIVERA [Applicant] K&P ENTERPRISES, LLC. [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 549 Newtown Road, Suite 109 (GPIN 1468206651), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: December 7, 2021 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup known as microblading. The operation will occur within an existing 8,758 square foot unit in a shopping center along Newtown Road. The microblading services within the barbershop will occur by appointment only. No exterior changes are proposed to the building.. • Considerations: The proposed request is an acceptable use in this location as the property is surrounded by commercial properties. No additional parking is required within the shopping center, as it was designed to accommodate a variety of commercial uses. The proposed sign will meet the standards of the Zoning Ordinance. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On November 10, 2021, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, 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. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microbl ading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted Jose Rivera 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 0 I'City Manager: / Applicant Jose M. Rivera Property Owner K & P Enterprises, LLC Agenda Item Planning Commission Public Hearing November 10, 2021 ctcu„! City Council Election District Kenlpsville 15 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation V Approval fir41.11114. ' . ar —Rub ' Staff Planner 6 Antionette Fowlkes -__, ,.^'' N"Y �li 0 Location ty,,,,,,,c.., 549 Newtown Road,Suite 109 , i i GPINi1468206651 Site Size 1.47 acres ' AICUZ Less than65dBDNL T Watershed / . 1 Chesapeake Bay Existing Land Use and Zoning District +r�.r Shopping center/B-2 Community Business \ti '` . . a ,tcfsz.,• . , ,....0 lipt,,,z. . Surrounding Land Uses and Zoning Districts �^ . 'S• i North Q I. ' '.7f/per Automobile service station/B-2 Community - i " I .. . . .t+d Business w� t. ; ///w.�r� , 4�' South J � - Mixed retail, multi-family dwellings/B-2 `'� . .• . :• �''•.,,,* Community Business,A-12 Apartment 0 .. nm°r`�' ,,4 k nn9 St'ect x East i a f 1 Newtown Road . ¢ ,�° .,�� `- ^„ r 1 Restaurants, mixed retail, multi-family w, ,• ,;`' 33 4 `y dwellings/B-2 Community Business, B-4 Mixed .;; - 1 - * • ::st ;:,� •�:_ Mini-warehouse, multi-family dwellings/B-2 Community Business,A-12 Apartment Jose M. Rivera Agenda Item 15 Page 1 Background & Summary of Proposal • The applicant is requesting to operate a Tattoo Parlor,specifically for the application of permanent makeup, known as microblading. The operation will occur with an existing 8,758 square foot unit in a shopping center along Newtown Road. • According to the application, only one employee is anticipated. • The hours of operation are proposed as 8:00 a.m. to 2:00 p.m., Monday through Saturday by appointment. • No exterior changes are proposed to the building or to the existing signage. )\ '• \\ 2 1 { �6p6 Zoning History # Request CUP(Mini Warehouse/Self Storage)Approved 01/10/2021 °ktefing Street 2 CUP(Church)Approved 03/08/2005 µ 3 CUP(Motor Vehicle Sales)Approved 02/01/2000 f t Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Conditional Use Permit request 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. No additional parking is required within the shopping center, as it was designed to accommodate a variety of mixed retail and service uses. 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. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Jose M. Rivera Agenda Item 15 Page 2 3. 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. 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 designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for 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 & 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 Newtown Road 40,532(Newtown Road- Newtown 000 ADT 1(LOS 2"D") No Change is Anticipated 2010)ADT1 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Newtown Road, in the vicinity of this application, is considered a four-lane undivided minor suburban arterial. The MTP proposes a divided facility with bikeway within a 150-foot right-of-way. No roadway CIP projects are slated for this roadway surrounding the site. Jose M. Rivera Agenda Item 15 Page 3 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 22, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedABenda.pdf on December 3, 2021. Jose M. Rivera Agenda Item 15 Page 4 Proposed Site Layout 0 -- ''',. ve 71 - 41,, Suite 109 , 0.,E Ra ' �P SL6 1 PICToMETRAY.� ,,s -.- Jose M. Rivera Agenda Item 15 Page 5 Site Photo 411. ///7/-r 'BARBER SI{UPiThaziatnaur - - Jose M. Rivera Agenda Item 15 Page 6 Disclosure Statement Disclosure StatementNis Planning& Community munitt [ v`.ia a rerg The disclosures contained in this form are necessary to inform pubic officials who may vote on the application as to whether they have a conflict 01 interest under Virginia law The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body App(kant Disclosure Applicant Name Jose M.. Rivera Does the applicant have a representative? 0 YOB III No • i1 yes,Int the name of the respresorrtativt Is the apptkant a corporation partnership,Arm.business,trust or an unincorporated business?U Yes ■ No • it yes,list the names of at officers.directors,members,trustees,etc.below (Attach a list if necessary) • li yes,list the businesses that have a parent-subsidie yi or affiliated business entilyt relationship with the gipplant. (Mau .i list if necessary "Parent•wbsidsary relationsMP•means•a relatbOMlltp Vsat exists when one corporation directly or ind rectty owns shares possessing more than SO percent of the voting power oianothe*corporation." Ste State and local Government Conflict of Interests Act.VA.Code S 2.2-3101. 'Affiliated business entity relationship' means'a relationship,other than parent-subsidiary relationship.that exists when(i)one bir,ir+ess entity has a controlling ownersnip interest in the other business entity (I)a controlling owner in one entity is also a co'it'011,�owneKin the other entity,or(iIi)there Fs shared mar agement or c08:25t202f1 n ttlS business entities. ratters that should be considered in deterrrining the existence of en affiliated business entity;elationsh p include that the same person or substartially the same person own or manage the two entities;thorn are rommor or comnirigled funds or assets,me business entities share the use of the same offices or employees or otherwise share achertses,re-sowtts or personnel on a regular basis;or there is otherwise a case working relationship between the entitles' See State and local Government Coelho of Interests Act,Va. Code S 2,2.3101 1 ' Page Jose M. Rivera Agenda Item 15 Page 7 Disclosure Statement Disclosure Statement Planning&E7orawa.. munity Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?U Yes 4No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-oollateraiization,etc)or art they considering any financing In connection with the subject of the application or any business operating or to be operated on the property? U Yes No • If yes,identify the financial institutions 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes III/No • If yes,identify the real estate broker/realtcr 3. Does the applicant have services for accaurting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes • No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes NO • If yes,identify the firm or individual providing the service. 5. Is these any other pending or proposed purchaser of the subject property?❑Yes I No • II yes,identify the purchaser and purchaser's service providers 2 Jose M. Rivera Agenda Item 15 Page 8 Disclosure Statement Disclosure Statement Panniao L CGI snwy �-_ Deve rnme:.t € Oars the app:a:Int heft a oonatrtcaka cant.arser arriecirr+vrth,the 1,4:Jett of tlx appbutt t or any Witness ooe•rstre a to be opwaed on the property?❑Yes a No • if Yes,ide^Vfl'the corutfucoon contract.c, 7 Does the appto.^.t have an enetneer/suneyariegenet N carsection Mt the fume t of the arinacateon or are bv.+ness carrel.;or to be operated on the property?0 Yet O No • ti Iles.k itt'f*dos ensp,am/surveyor/at;rt >i Is the appircant rt'athre Ieyl serrictis s oomectior with the s.ldect of the spplceaon or any bue.k 3(*erateet a to be operated on the property?0 Yes a No ▪ tf yrs,.drnttr the nanv et One attorney or flarn crodttog pot el sevvrcrr Appllgnt Signature I cert h the a5 or the i nformotor contained In th:s Dbdoaure Statement Form b complete.rue.and a:ovat e. i understand that. s.pon react d nctricaton the the adyGI= n has been sd}edused for mace c teat%I am responsible for updat ..B Ott ln'ormayon prodded herein two sweats prsor to the marine tctj of Ptenfrtd Canmisdort.Q7 Caved,t 3A.c104,Wetlands Board oe any pu btt body or committee le oorrsection sett*thb scotcatlon v "rat*Ware ,)o 5C M R '(ere, —iefwil hint Nave and Tide Jose M Rhrera Data G _/< — 2 / is the epp:cent alto the oversee of the stI+jrct prupeite? O Yes a No • If res,you do nd reed to CO out the owner Gtdo ire sutemerst ® lee~err rr DI. 11/22/2021 tkr."v A^,ticnette Fov,Ikes Pros Owes I f,:_ 41 gyta., Wage • Jose M. Rivera Agenda Item 15 Page 9 Disclosure Statement Disclosure Statement 1/13 = Pia nn ing&C{Xtununity Tani Owner Disclosure �ti}S Owner Name Jose M, Rivera Applicant Name �,( Is the Owner a corporation,partnership,firm,business,trust or an unincorporated b mi'A!usin Yes No • if yes.let the names at all officers,directors,members.trustees,etc.below. (Attach a list if necessary) M -r, f Emk,ER IS S t1+ N . AMSt ug { (0,Em • If yes,let the businesses that have a parent subsidiary'or affiliated business entity`relationship with the Owner.'(Attach a list if necessary) TAPE Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public act on?n Yes • No • it yes,what is the name of the offe al or employee and what is the nature of the interest' ''Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and local Government Conflict of Interests Act,VA.Code e 2.2-3101. '"Affiliate('business entity relationship"means`a relationship,other than parent subsidiaryrelationship,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 51ir Jose M. Rivera Agenda Item 15 Page 10 Disclosure Statement Disclosure Statement Planning&Commune) --y" Development • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,uoss-cotlateraliration,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■No • ?f yes,identify the financial institutions, 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the real estate broker/reahor 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI NO • If yes,identify the firm or individual providing the service 4 Ones the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yet No • It yes,identify the firm or individual providing the service 5. Is there any athei pending or proposed purchaser of the subject property'0 Yes II NO • If yes,identify the purchaser and purchasers service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes IIII No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • if yes,identify the engineer/surveyor/agent 6I Jose M. Rivera Agenda Item 15 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development 8 Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes is No • if yes,identify the name of the attorney or firm providing legal services Owner Signature I certify that all of tee information contained in this Disclosure Statement Form is complete,true,and accurate i understand that, upon receipt or notification that the application has been scheduled for public hearing.I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature £,e,,q P0iM • pf1it r Em 3E . Print Name and Title 692 — J 7 —ad..1.j Date 7 Jose M. Rivera Agenda Item 15 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Jose M. Rivera Agenda Item 15 Page 13 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 15 Jose M. Rivera [Applicant] K&P Enterprises, LLC [Property Owner] Conditional Use Permit [Tattoo Parlor] 549 Newtown Road, Suite 109 RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Thank you. The next item on the Consent Agenda is agenda item number 16, James D. White Revocable Living Trust for Conditional Use. Oh, sorry. Misread that. Sorry. It is agenda number 15 Jose M. Rivera. My apologies. The applicant and KMP Enterprises, LLC property for Condition Use Permit for are Tattoo Parlor at 549 Newtown Road, Suite 109, Kempsville District. Is there representative to speak on this? Please state... Jose: Its Jose. Jack Wall: Okay. Are the conditions acceptable? Jose: Mm-hmm (affirmative). Jack Wall: Okay. Thank you. Jose: Thank you. Jack Wall: Appreciate it. Is there any opposition for this item be placed on the Consent Agenda? Hearing none. We've asked Mr. Coston to read this into the record. John Coston: 1 Thank you, sir. The applicant is requesting to operate a Tattoo Parlor specifically for the application of permanent makeup known as microblading. The operation will occur within an existing 8,758 square foot unit in a shopping center along Newtown Road. According to the application, only one employee is anticipated. Hours of operation are proposed as 8:00 AM to 2:00 PM. Monday through Saturday by appointment. No exterior changes are proposed to the building or to the existing signage. The Conditional Use Permit request for the tattoo parlor is in staffs opinion acceptable, and the Planning Commission has agreed and therefore placed it on the Consent Agenda. Michael Inman: Sorry. David Weiner: Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, 2 Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond 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. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. 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. 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. 3 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 4 \ 0 c I 1 L i // N , 7 .6 0& „, 10 --v;wi. Isi I j �'� I o \ .1 /,/ 2 o\ __________ o \‘\ 1 � CO/ u . CV 11 cp '\‘' ' \ N -L ea o \ / E Er-Thm \ 3eoropo\ \ [ 75 '' O' (Ai , a,,,6\rlit'.‹ , s Lt_u_i----, ,cv .0 ____0 _=_I\ i ,, \ C 0°, __C__10 ig • (-3 - co o J.. >1 \ 0. 0 *4 0 0 as --�a2 >, in cci3 i N= d . � �o — i gi t` m — (as U in \ \,,& \ '0,',All ID ECCI0 1..- cu D In to \ \ c , ____L-I r17(13) r) --1 i cig:16 1 - \ v � V N - c' . L '_] u_i, _ 7. 0 a •- =o o N _tom+Cr: � ❑ - .�, ° o � Q up. / a,•C..Fg may'` r .ti �`i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WINNER'S PROPERTIES, LLC [Applicant] THE RUNNYMEDE CORPORATION [Property Owner] Conditional Use Permit (Motor Vehicle Sales & Service) for the property located at 3736 Sentara Way (GPIN 1487428775). COUNCIL DISTRICT — ROSE HALL MEETING DATE: December 7, 2021 • Background: The applicant seeks a Conditional Use Permit to expand the existing and adjacent automotive dealership (Checkered Flag) onto this 3.22-acre property within the Rosemont Strategic Growth Area (SGA). In 1997, City Council approved a Conditional Use Permit for this site to operate an automotive dealership. A modification in 2013 to that approval resulted in the removal of this parcel from the dealership, leaving it undeveloped. Now proposed is a 12,000 square-foot auto sales building to be constructed with a modern design with glass and aluminum composite panels with vehicle display areas on the west and rear sides of the building. Enhanced plantings above minimum requirements include a three-foot high berm and 15-foot wide landscape buffer, rather than a 10-foot wide planning area, with enhanced Category IV plantings along Sentara Way. • Considerations: Planning Commission concurs with Staff that the request to expand the automotive dealership onto this property is acceptable. While not consistent with the SGA Plan's recommendation for office use on this site, the proposed development corresponds with the existing pattern of development in the area and with the previous City Council approval. The proposed berm, wide landscape buffer with enhanced plantings along Sentara Way will help screen the proposed parking and display areas from the residential dwellings on the south side of Sentara Way. There are unimproved rights-of-way along the western and northern sides of this property that are wooded and there are no plans to improve these areas in the near future. A 25-foot wide wooded buffer will remain that borders the senior housing facility along the western property line. The Planning Commission recommends approval of the request with an additional condition, Condition 12, that emphasizes the existing requirement that rights-of- way shall not be used as loading and unloading zones, which is noted below with Winner's Properties, LLC Page 2 of 3 underline text. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received three letters of opposition. Three speakers voiced opposition at the Planning Commission public hearing noting concerns related to glare of lighting, traffic congestion in the rights-of-way, the potential for additional disruptive noise, the removal of existing mature trees, and the elimination of a bicycle motocross (BMX) trail, albeit unauthorized. A petition of opposition with 18 signatures was also provided at the Planning Commission public hearing. City staff inspected the property and adjacent residential properties and did not find any glare directly impacting the residential street. • Recommendation: On November 10, 2021, the Planning Commission Planning Commission passed a motion to recommend approval of this request by a recorded vote of 9-1 . 1. When the property is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. 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. 4. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. 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. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. Winner's Properties, LLC Page 3 of 3 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no outside audio speakers for any purpose. 8. 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. 9. 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. 10.A11 outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 11 .No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 12.The loading and unloading of vehicles within the rights-of-way shall be prohibited. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (3) Petition of Opposition (18 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: pp Applicant Winner's Properties, LLC1B Agenda Item Property Owner The Runnymede Corporation Planning Commission Public Hearing November 10, 2021 City Council Election District Rose Hall 9 Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales & Service) i 1 s. I amyl Avant.. N Staff Recommendation L Approval maw,u Palms� . yl, nta Bat-I3 Planner Staff _a N. Daoliffillirio011111111.111111117ydr\ Road � `,_7a 0 Hilber Street i A Wayne Street Location i o Barry Street SO Q. R 3736 Sentara Way G P I N / /-`'aft Gateway P Chester Street 1487428775 °` �--1 South Boulevard f"� C °,Teakwood Drlva ! E Site Size �,�, \ .___4 A 1 _1 c2 il 3.22 acres m AICUZ 0) o Oolonlal Parkway A Less than 65 dB DNL _ Plaza T'alt 'nlree Road o �� a Watershed Chesapeake Bay Existing Land Use and Zoning District ,', ,1 Wooded lot / B-2 Community Business ;`, Surrounding Land Uses and Zoning Districts North - , r 1-264, Unimproved Right-of-Way ;,,;;; Wooded lot /R-7.5 Residential South g+ r j J i rr „„le , R4 r Sentara Way - .. Single-family dwellings /R-7.5 Residential • r =; ,. .1 East ¢+u„ 6.ntara way' Auto dealership / B-2 Community Business �`,, 1 1 f F �-� �_ > ,:, tl B.utevar '� West !!lttF Unimproved Spruce Street .41 ; . +,T r r Housing for seniors &disabled persons /R-7.5 ' ' . E Residential Winner's Properties, LLC Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for Motor Vehicle Sales and Service on a 3.22-acre parcel zoned B- 2 Community Business District within the Rosemont Strategic Growth Area (SGA).This proposal is an expansion of the existing dealership operating on the adjacent site. • In 1997,City Council granted a request to operate an automotive dealership on the adjacent parcel, which included this parcel for an expanded parking area. A Modifcation to that Conditional Use Permit was granted in 2013 to update the site layout, which removed this parcel from the dealership and resulted in an update to the building's design and exterior materials. • The submitted concept plan shows a 12,000 square foot dealership and parking lot. The proposed building will be located in close proximity of Sentara Way while the customer and employee parking spaces will be between the building and Sentara Way. The display areas are proposed to the west of the building, adjacent to the unimproved Spruce Street, and in the rear of the site. Display areas will be screened by landscape buffers along the western and southern property lines. • The renderings on page 7 of this report depicts the building to be of a modern design style with glass and aluminum composite panels (alucobond). • The proposed size of the dealership requires 14 parking spaces.The proposal exceeds the parking requirement by seven spaces. • The hours of operation will be from 7:00 a.m. to 9:00 p.m., seven days per week. Zoning History _ � # Request 1 MODC(Motor Vehicle Sales,Services, &Rentals) Approved 11/12/2013 ' CUP(Automobile Repair)Approved 05/25/2004 / CUP(Automotive Service Center)Approved 12/10/2002 +11 CUP(Motor Vehicle Sales,Services, & Rentals)Approved y �A 02/25/1997 2 MODC(Assisted Living& Nursing Home)Approved .,, 12 13 2011 _ "`�roway -- CUP(Assisted Living& Nursing Home)Approved 911 +" 08/25/1992 Preside —tiJ 3 STC(R-7.5 to B-2)Approved 02/10/1998 4 REZ(R-7.5 to B-2)Approved 02/25/1997 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion, the applicant's proposal to expand the use of an automotive dealership(Checkered Flag) onto this property is acceptable. The Rosemont SGA Plan notes that this site should include a transition from an auto-oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities. While the Comprehensive Plan also Winner's Properties, LLC Agenda Item 9 Page 2 recommends for office use at this location,the proposed development corresponds with the existing pattern of development in the area. As mentioned above,this site was designated as parking area for the dealership in the approved 1997 request. Furthermore,the proposed screening and the conditions as recommended,along with the existence of an unimproved right-of-way will all assist with minimizing impacts to residential properties in the vicinity. The Sentara Way Flyover road project is shown on the SGA Plan,the City's Master Transportation Plan,and the VDOT I- 264 Corridor Study project. Preliminary plans show this roadway on portions of this property; however,there is no road designed,construction timeline,or funding identified for the project at this time. Based on preliminary review,the proposed building has been placed in a similar location to where the building was shown on the SGA Plan. The proposed modern style building, lot layout, and landscaping buffer will be complementary the existing dealership. Consistent with the existing dealership,the three-foot high berm will be extended onto this site along Sentara Way to help screen the proposed parking and display areas from the adjacent residential dwellings across Sentara Way.A 15- foot wide landscape buffer with enhanced Category IV plantings will be installed along Sentara Way and a 25-foot wide natural vegetated buffer will remain along the western property line. In addition,a six-foot tall privacy fence and a four to five-foot tall black aluminum fence are proposed to enclose the vehicle display area for security purposes. Staff has determined that the application as presented will result in a reduction in traffic volume when compared to other uses that potentially could be developed as a matter of right in the B-2 zoning district. Based on the considerations described,Staff recommends approval of this request subject to the conditions listed below that are designed to reduce visual and operational impacts to the surrounding residents. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way",dated September 30,2021, and prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Prior to Site Plan approval,a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval.The Landscape Plan shall be in substantial conformance with the submitted plan entitled,"Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated September 30, 2021, and prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. 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. 4. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. 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. 5. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no outside audio speakers for any purpose. Winner's Properties, LLC Agenda Item 9 Page 3 8. 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. 9. 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. 10. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded,and focused away from all adjoining properties. 11. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 12. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 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 subject property is located within the Rosemont Strategic Growth Area (SGA)that is envisioned to transition from an auto-oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities.The land use plan for the subject property calls for an office use with maximum permitted height of up to four stories, incorporating water, open space,and stormwater management amenities and building fronting the streets with parking properly screened in the rear. Proposed developments in urban areas should also consider ways to integrate the site and building design guidelines established in the Special Area Development Guidelines for Urban Areas adopted by reference in the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with this site. Winner's Properties, LLC Agenda Item 9 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sentara Way No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use 2a—0 ADT Existing Zoning 2b—1,760 ADT South Rosemont Road 33,200 ADT 1(2018) 32,700 ADT 1(LOS°"D") Proposed Land Use 3—335 ADT 1 Average Daily Trips 2a as defined by a vacant parcel 3 as defined by a 12,000 square 4 LOS=Level of Service 2b as defined by a 3.2-acre site foot auto dealership zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sentara Way is a two-lane local street and S. Rosemont Road is a four-lane minor urban arterial roadway. S. Rosemont Road is designated on the MTP to be improved to a six-lane divided arterial with a 165-foot wide right-of-way and a bikeway. There are no roadway CIP projects slated on this portion of Rosemont Road or Sentara Way. The Sentara Way Flyover road project is shown on the SGA Plan,the City's Master Transportation Plan, and the VDOT I- 264 Corridor Study project. Preliminary plans show this roadway cutting through this property; however,there is no construction timeline or funding identified for the project. Public Utility Impacts Water City water is available for connection. There is an existing 8-inch city water main along Sentara Way. Sewer City sanitary sewer is available for connection.There is an existing 8-inch city sanitary gravity main along Sentara Way and a 10-inch city sanitary sewer gravity main within the right-of-way adjacent to the western property line. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. Winner's Properties, LLC Agenda Item 9 Page 5 • 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 November 22, 2021 • 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/BookmarkedAgenda.pdf on December 3, 2021. Winner's Properties, LLC Agenda Item 9 Page 6 V al r\ C J C OA VI Lt.iv f0 a) 0- !6 2 41 Lci: Q L CONCEPTUAL 51TE LAYOUT PLAN OF N C CHECKERED FLAG GENESIS AT SENTARA HAY VIRGINIA BEACH,VIRGINIA 1 I I cr6d: Tns na - 7, -ru c.p..r alr . . ..- - ridR64rows sa : i - '� MEN ' F apsad Use: Rµ6ldsi W~fMw _ -- �ARURO R�OJIRlD I • IRY4IONCIv lR 14 xAce5 � IRp A aARKIV6 a120V OW. i xAL.C9 I `.,; IpIM,rP1A1dIYlf 6.RE�+xAc_Rean,m -xan« 2 SPALpy X 50 SF 650 SF a a� l -. 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Renderings _ ..t. u . ,,... . .. .?.',:; - _-1 -"-• '..' t *4 : o -. , ...„. . , -, ----,-..o. .„,.. - lor Pt '.-- , .-I-- : I e K.: ,, • ,. ibiat a ii + . . • t . r -.--- 1 i)s. , , - . : :..) i .' i . . ,.: :A., Winner's Properties, LLC Agenda Item 9 Page 8 Site Photos TR fi g-�M.' . s - .. 4tIrl, .,q; 1 .�5 t �; .if .x as }. r a fi 4 , _,. .,,...,, ,•,,,.._.„0„.,..., - *„„ ;fir y ry % 1 0 }}yy yk yyyy _7. " - e*,`, ter. •s`N* , ' ® `A' I3. t . . ___T__. 1' _ ` »- -..Y.. .Y. �, e.a. Winner's Properties, LLC Agenda Item 9 Page 9 Site Photos - ..,`' 1h1111111111111Pr_ ]; ... .,. ..., .„, ,,. -„, . ...... __ , . . __I-A.r. ,k;,,,,," ''',' .A.' * 4:•. 'WO , ' :'''',' - 1;:,, -.•-'-s.y :.4,,,,, _‘.. . ..r..."-1..4/' - ,''.-• .v ..1 ..11r,. 01 *,,,' is.,, .,:,-• 'P.',411-4,4" ' -• 1..--i; . -,- ,=',„,,,„,c,..„..2.,4t- .7 ,-,t;'-‘ 41- '."1# '-. ' -. ' • : . s' ....;"..' •ifh-r-'4' -..i.e. - tu-, , "i•ff- - , ..,. t., _ ''-•;'-. I '- -• . '..e*:.•• lot •• 4,--..,4-- • -4 : !WI. :t,:: - -.... . . 4, • *610-:;ii -- .*" -'"‘' ---ti ••, - • 4 '''................, • I .., • ik,,,,„ , :•-,. t . •• ... .,--:.•. A•f.... it ,I t:t .,c,..,4 ,s , . .. ,,,,, ; ki•e -- : , ., . ' • ' a. . .....,... 14 4,. . - 1 ••• .tt,F-., .. ,4-7. „ •.4.41 • •' . . ., , 41 ' —• . .. • - 4 1.4 i ' . 's •'A.4 ro • . i •',4 l' r * • .:( 't •4 , s• 111 . " • , li - %. V.! , r • ,..... - :›... •11 4'fitt. ...-:- I.' 'i•- .6. -., I _ t"' •••• • i . , °'talk -1111111114,-.-. -k. __ • # • '. ....-....k.% IL . • -;'" • -W- ' i_, t *oh • At. Alkilit — , - , .,.. Winner's Properties, LLC Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement Planning&omauniw Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Winner's Properties,LLC Does the applicant have a representative? U Yes ❑ No • if yes,list the name of the representative. Kyle D.Korte,Esq.and Billy Garrington Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? .Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Stephen M.Snyder,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity1 relationship with the applicant. (Attach a list if necessary) Please see document attached as Exhibit"A" "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Winner's Properties, LLC Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement .\//3 PIa3tJtitlp,&C'ummunity Devf4op►nent Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes R No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes O No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes III®No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • if yes,identify the firm and individual providing the service Covington Hendrix Anderson Architects(Jerry Smith&Robert Antonio);Orbis Landscape Architecture(Nathan Lahy) 5. Is there any other pending or proposed purchaser of the subject property?0 Yes U No • If yes,identify the purchaser and purchaser's service providers. 21 Winner's Properties, LLC Agenda Item 9 Page 12 Disclosure Statement Disclosure Statement Mf3 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?t Yes ❑No • If yes,identify the firm and individual providing the service. 1:MSA,P.C.;2:Billy Garrington 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. Wolcott Rivers,P.C. Applicant Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title 8/30/2o21 Date 0` Is the applicant also the owner of the subject property? ❑Yes •No • If yes,you do not reed to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Dates 2021.11.16 Signature Lad,.� Print Name Hoa N.Dao 31 Winner's Properties, LLC Agenda Item 9 Page 13 Disclosure Statement Disclosure Statement \13 cv,ofV>nnnia find Planning&Community Development Owner Disclosure Owner Name The Runnymede Corporation Applicant Name Winner's Properties,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?1 Yes ❑ No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Andrew S Fine,Chairman;Morris H Fine,Co-chairman Secretary;Matthew D Fine,President;Jeffrey S Fine,Vice President Robert T.Fine,Vice President;Michael G.Finee,Vice President;Donald 1 Frederick,Vice President and CEO • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes I No • if yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship mat exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controiling owner in the other entity,or(Hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09 2020 S ) P a g t Winner's Properties, LLC Agenda Item 9 Page 14 Disclosure Statement Disclosure Statement C'ug of i'iry nir Hain+ Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes t No • If yes,identify the company and individual providing the service. Property is under contract to sell to Winner's Properties,LLC 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes D No • If yes,identify the firm and individual providing the service. MSA,P.C. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ■ No • If yes,identify the purchaser and purchaser's service providers. No,Winner's Properties,LLC is under contract to purchase 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?ME Yes ❑No • If yes,identify the firm and individual providing the service. Winner's Properties,LLC,represented by Kyle D.Korte,Esq. Revised 11.09.2020 6 Winner's Properties, LLC Agenda Item 9 Page 15 Disclosure Statement Disclosure Statement VB • .., - - Cary of Vow.9.nN Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?S'Yes 0 No • If yes,identify the firm and individua providing legal the service. Fine,Fine,Legum,and McCracken,LLP Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. i .. .. - Owner Signature The Runnymede Corporation,Donald J.Frederick,Vice President and CEO Print Name and Title 30-August-2021 Date 7 F fake Winner's Properties, LLC Agenda Item 9 Page 16 Disclosure Statement Eahi i A List of Winner's Properties,LLC Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CIECKERED FLAG STORE#7,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. Winner's Properties,LLC Agenda Item 9 Page 17 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. Winner's Properties, LLC Agenda Item 9 Page 18 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 9 Winner's Properties, LLC [Applicant] The Runnymede Corporation [Property Owner] Conditional Use Permit [Motor Vehicle Sales & Service] 3736 Sentara Way RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our next item of business is agenda item number nine, Winners Properties, LLC. An application for a Conditional Use Permit, Motor Vehicle Sales and Service, on property located at 3736 Sentara Way in the Beach District. David Weiner: Hold on one second. David Weiner: For the record, do we need to state that Mr. Horsley's left? Ms. Wilson: Has he left for the day? Yeah. We'll put that on the record. Billy Garrington: Must be planting season, or harvest. Dee Oliver: It is. David Weiner: It is. Yeah. Dee Oliver: Actually it is. See, that's why he had to go. He's only got so much daylight left. David Weiner: 1 Yeah. It just makes a difference if he gets home after dark. Billy Garrington: Okay. Are we ready to go? David Weiner: Yeah. We're ready. I'm sorry. Go ahead. I'm sorry. We're ready. Billy Garrington: Thank you, Mr. Chairman. Ladies and gentlemen of the Planning Commission, for the record, Billy Garrington on behalf of the applicant. The applicant in this case is Winner's Property LLC, which everybody probably by this point knows, is a Checkered Flag Motor Company in the City of Virginia Beach. Property is known as 3736 Sentara Way. 3.22 acre parcel of land, out in the Princess Anne borough. If you visited the property, you'd know that it is bordered on the north by Interstate 264 on the south by Sentara Way, bordered on the east by their Hyundai World dealership that they already own and on the west is the Sentara Nursing facility. The request that you have in front of you today is for motor vehicle sales and service on this B2 piece of property that your staff has looked at. Billy Garrington: Staff has recommended us favorably for approval, with the 11 conditions that are in the staff write up and I'm here to tell you that we are in total agreement with those 11 conditions. Wish I could sit down now and just leave, but I can't, because we've got opposition to the request that you have in front of you today. Billy Garrington: And I don't want to say anything disparaging about the opposition, but I do want to give you full disclosure. Someone, and I think it's the people that are here speaking in opposition, have been utilizing this property for some time now, for a use which your zoning office says is categorized as a recreational facility of an outdoor nature. That requires a Conditional Use Permit. There has not been one applied for, or granted for this piece of property. It requires on-site parking, which there is none, it requires restroom facilities, which it has none and it also requires the permission of the owner of the property, which has not been granted. Billy Garrington: So I am absolutely miffed that I have opposition to this, that is asking you to turn this down and they even categorized it as an ugly parking lot. Does that look like an ugly parking lot to you? Looks like something that our city staff and our city would be proud of, because it's economic development and economic development is what keeps this city viable and what keeps this engine going. They even talked about the tree removal and the vegetation that was going to happen and 2 I think there was even a hawk's nest that somebody spoke about. Let me tell you, there has already been a commercial site plan approved for this piece of property, when it was the office building. We are piggybacking on top of that and using the same stormwater mode that was done for the office building, so that we didn't have to go back through another stormwater review. Billy Garrington: So those trees and the clearing of this property has already been addressed and the previous site plan review that went through on this piece of property. Basically, if we wanted to go post all the development bonds that we want and E&S bonds, we could already be clearing the property. But there is a very nice, what I would say, recreational facility that's on this property, that has been utilized without anybody from Runnymede giving it their approval. So I'm here to tell you that the staff write up that you have in front of you, the 11 conditions that are in the staff write up, we're in total agreement with the request. That's what you're going to have if this thing gets approved and we're here today to ask for your approval of this use permit and I will try to keep it as brief as I can, in case there's any rebuttal, but I hope there's not. David Weiner: Any questions? Robyn Klein: Yes. Dee Oliver: I have a question for- Robyn Klein: Yeah. Dee Oliver: Oh, sorry. David Weiner: Go ahead, George. George Alcaraz: Mr. Garrington, I was there and I was amazed what I saw too, but just curious, because it's got some age to it. It's been there a while. Billy Garrington: 3 I'm sure it has. George Alcaraz: I'm just wondering why it hasn't been addressed. Billy Garrington: That's a good question. George Alcaraz: Okay. Billy Garrington: Couldn't tell you. But no, the people at Runnymede say they're not familiar with it. George Alcaraz: It looks like someone spent a lot of time and effort. Billy Garrington: There is a lot of effort there. Matter of fact, one of the letters of opposition that we got, the person said that they were mentally involved in this project. How do you get mentally involved in something that you don't own? You're on somebody else's property. If I'm not mistaken, when I was growing up, that was called trespassing. Dee Oliver: Well, Mr. Garrington, has there been charges pressed against this group of people, just out of curiosity and why are they- Billy Garrington: Not that I'm aware of- Dee Oliver: ... presenting? Billy Garrington: ... because Winners has just recently made a purchase of the property for this conditional use permit. Before it was just whoever was doing the office building, but Winners has just gotten involved in it, in the last three or four months. But I don't even think- 4 Dee Oliver: So Winners has just bought the property from... Billy Garrington: Pardon? Dee Oliver: So who owns the property? Winners now? Billy Garrington: Runnymede still owns it and we are the contract purchaser, based upon the use permit getting approved. Dee Oliver: And so what we have is obviously an illegal use on a piece of property where people are trespassing on. Billy Garrington: And I met with your zoning staff this morning and obviously your short staffed, but they didn't even know anything about it. And they asked me if I wanted to have someone go out there and I said, "No,that's not what I'm here for." I just wanted to make sure that this was something that required a conditional use permit under the current zoning, because it is a recreational facility of an outdoor nature and it requires a use permit. Dee Oliver: Well, I'm just not even quite sure why we're listening to them. David Weiner: Oh. They have the right to speak. Dee Oliver: No. David Weiner: They do. Billy Garrington: 5 I agree. Dee Oliver: Okay. All right. I'm with you. George Alcaraz: Mr. Chairman, So I grew up in this neighborhood and I'm from there in WW, Windsor Woods and in the days it was a skate half pipe and all that. We did it in the Woods until it was developed, but I can see how this just went too far. Billy Garrington: But if somebody gets hurt on there, the owner of that property is going to have a liability issue. George Alcaraz: I don't understand why it got that far. Billy Garrington: Okay. All right. David Weiner: Let's listen to the speakers and we'll come back. Whitney Graham: I also skateboarded back in Windsor Woods. Everybody did, so anyway, but this is something different. Billy Garrington: I thank you, Mr. Chairman. David Weiner: Thank you. Robyn Klein: I had a question. David Weiner: Sorry, Robyn. 6 Robyn Klein: Sorry. All right. While I don't condone the trespassing, I'm really turned off by your attitude on behalf of the applicant regarding this issue and among the letters of opposition, were just the fact that Winners has not been a good neighbor to the residential housing that's been right there. They've been parking illegally in the right of way, they've been loading and unloading, there's trash everywhere, there's lights pointed in the wrong direction. Forget about the trespassing part. They're not treating the people who are allowed to be there with respect. Billy Garrington: Okay. And the one facility, that is there now, is one that was already built when they obtained ownership of it. If you look at the conditions that are placed upon this one, there are conditions to make sure that none of that takes place. All the lighting has to be inward, all the landscaping. I'm not saying that there's a perfect situation out there, because there isn't. But all I'm saying is that this is a good use for this piece of property. Robyn Klein: But your client utilizes that property that's currently developed. Billy Garrington: Currently developed or currently undeveloped. Robyn Klein: Is it Checkered Flag? Billy Garrington: Yes, ma'am. Robyn Klein: Okay. So Checkered Flag uses that site and doesn't take good care of it, so even if they build this beautiful facility, why should I believe that will take any better care than the property that they already have? Billy Garrington: Ma'am, if you drive around the City of Virginia Beach and look at every one of their facilities, don't just look at the one that you're talking about here. Go look at all the other ones. Look at their Jaguar, look at their Land Rover, look at their BMW. Look at all of them. Everyone of them are very well maintained. 7 Robyn Klein: Right. But those are also on Virginia Beach Boulevard. They don't back up to residences. Billy Garrington: All right. And whatever it is that you say is not taking place here and I will be willing to tell you that when I see Mr. Snyder on Friday morning, I will bring what you said to me to his attention and I think that he will give it his attention. Robyn Klein: I believe that you will. I don't believe that he will take it seriously, but that is my opinion. Billy Garrington: Ma'am, I think he will take it seriously. Robyn Klein: Okay. Billy Garrington: He's a resident. He's a lifelong resident and believe me, I think that if I tell him what you said, I think it will resonate with him. Robyn Klein: So why is he not currently invested in what's going on in the property? Billy Garrington: Ma'am, that's a good question. He's got a lot of dealerships and a lot going on, but I will make sure that what you said gets straight to his attention. Robyn Klein: Okay. Jack Wall: Can I... I do have a question, Mr. Garrington. So it's obviously car sales. Is it connected to the adjacent car sales? Billy Garrington: No, sir. 8 Jack Wall: So it's completely independent for selling vehicles, but that's out of the way. Sentara Way, it's a dead end street. You're not really visible from anywhere. Usually you see in car sales, they're in heavily trafficked roadways. So my question is why is it so tucked away, that no one can see it? Sentara Way's going to be... It's a terminal end. At this point, there's no plans to connect Sentara way to Butternut Lane, on the other side of the interstate. And what I'm getting at is to preserve the viewshed, it's not necessarily to preserve the viewshed, but there are no plans to request or declare the trees between the property and the interstate. Billy Garrington: No, sir. Jack Wall: So why? Billy Garrington: Have you driven down the Boulevard lately and looked at how developed it is? Jack Wall: It's not the Boulevard. It's just Sentara Way. David Redmond: What you're saying is are there any alternatives sites? Jack Wall: No, not necessarily alternative sites. I just want to make sure that tree stand's going to be preserved. Billy Garrington: And that's on the BMP and that will be taken care of in the site plan review. And again, you're talking about a Genesis product here. You're talking about something that you could put it on Holland Road if you wanted to and the people are going to find where the dealership is at. It's like Tesla. And I don't mean to sit here and give any other brand any more verification than they need, but the people, when you build it, they will know where it's at. Jack Wall: They'll know where it's at. Okay. Okay. All right. 9 David Weiner: Let's listen to the speakers and we'll go back to you, Mr. Garrington. Thank you. Madam Clerk: Mr. Chair, we have three speakers in total. Peter Burning, followed by Bill Brazier and then Connor Clifton. David Weiner: Welcome, sir. Peter Burning: Good afternoon. My name for the record's Peter Burning. I am speaking in opposition to this plan. I'm not part of the wooded recreational area. I've lived across the street from this dealership for about 20 years and I have two good reasons I think why you should vote against this permit. Firstly, the staff report recommends approval. It doesn't really tell you the whole story. The adjacent properties include my neighborhood, Windsor Woods, as well as the Rosemont Nursing Home, no longer owned by Sentara. The removal of these three acres of mature woodland will open a new noise vector, straight from the interstate into our neighborhood, as well as the nursing home. The submitted plan has no noise abatement measures and the staff report doesn't take any of these impacts into account. At the very least, they should conduct a more thorough study before resubmitting the request. The lighting levels expected from this expansion will make light intrusion into our neighborhood worse. Peter Burning: High ceilings. The full glass windows will just direct unshielded lighting directly into the backs of our homes and into our bedrooms. The ceiling heights effectively allow them to get around the 14 foot lighting fixture limitation on the outdoor lighting. These lights will shine directly into our homes. The plan doesn't provide for any off-street loading and unloading areas. The Checkered Flag dealership next door uses the street to offload the car carriers, all hours, day and night. And Checkered Flag is a known poor neighbor. They're noisy, they create more litter and the lighting just is very annoying in our neighborhood. They've even created their own no parking zone. They installed their own no parking sign to create a loading zone there on Sentara Way. Peter Burning: The current light fixtures they use exceed code limits and shine directly into our homes, especially when the leaves come down in the fall. Dealership employees use Sentara Way for their parking, leaving lots of personal and dealership litter there on the street and they even sometimes store dealership vehicles on the public right of way. So I think the Commission disprove this request, if not delay for another time. The bottom line is that none of you would want to live next to a Checkered Flag dealership like we have for the last 20 years and don't think they should be 10 allowed to expand, until they can prove that they can be a good neighbor. Thank you. And pending any questions that might come up. Yes? Robyn Klein: Before the Checkered Flag, was it Driver's World- Peter Burning: Yes. Robyn Klein: ... in there?And that was owned by someone different? Peter Burning: I think it's owned by the same. Robyn Klein: Is it? Have you noticed any difference? Peter Burning: No change at all. Robyn Klein: No change? Peter Burning: Actually, it's gotten worse. They changed out light fixtures from regular incandescent bulbs into the bright LED. There's no shielding, the light shines straight into our homes every night. Robyn Klein: Really? Peter Burning: Yeah. Robyn Klein: Thank you. 11 Peter Burning: Yeah. So I think any investigation that was done by the staff is probably done during the daytime, so you can't get a complete picture till you come there at night, as well as noise. I recommend a Friday or Saturday night when the interstate traffic is at it's worst. David Weiner: Okay. Thank you. Peter Burning: Yes, sir? Jack Wall: So where do you live? Do you live on Presidential Boulevard? Peter Burning: Presidential Boulevard. Jack Wall: Presidential Boulevard. Peter Burning: Right across the street, 104. Dee Oliver: There's a pointer right there, if you... David Weiner: All right. Any more questions? Peter Burning: Thank you, sir. David Weiner: Yes. Thanks. Madam Clerk: 12 Bill Brazier, followed by Connor Clifton. Bill Brazier: Good afternoon. Thank you for allowing me the chance to be here and speak our concerns. My name is Bill Brazier. We are here today with the utmost respect for the property owner, the interested parties in the community surrounding this parcel. We're a group of Virginia Beach natives who love this city and want to stay here. We are a part of a community of bicycle enthusiasts. We regularly enjoy the skate parks that the city has graced with in the past decade. Thank you for your support in that and we hope that your understanding of a need for that in our community, will allow you to consider understanding a need for this place to remain as it is in our community, to continue. Bill Brazier: We're a particular part of cycling enthusiasts known as BMX enthusiasts, who take part in designing, building and riding dirt jumps, or as we call them, trails. The property at 3736 Sentara Way has been home to a set of BMX trails for at least 20 years, just to my knowledge. Maybe even longer. Bill Brazier: There have been different groups of riders creating trails at this location over the years, not all of which we are familiar with. In 2016, these trails began to be rebuilt and have since created a strong community of peers that promotes friendship, kindness and a brotherhood, sisterhood that is not found at the skate park. Above all else,these trails take hard work and dedication, requiring long hours of hard labor. Every time these trails are ridden, there is time spent preparing and dialing and the work never ends. It is a labor of love. We have spent years dedicating our time to building and refining these trails and have reaped the rewards of seeing other riders come out and enjoy the spot. Countless smiles, hoots and hollers. Friendships created have shown us that all of our hard work is well worth it. And that these efforts are about much more than our enjoyment. Hard work has proven to be about creating a place for younger riders to find hope and then avenue to pursue a passion outside of team sports or the skate park. Bill Brazier: Our community has tripled in size in the past three years. We have seen riders from across the country, international professionals, as well as our hometown BMX Olympian all ride at these trails. Bill Brazier: We have been motivated by the intense amount of gratitude and appreciation shown by every rider that enters these woods. When a young rider has helped us to create an obstacle that they have fun riding, it is an entirely different level of accomplishment than clearing the same obstacle at the skate park. 13 Bill Brazier: Needless to say, we are somewhat heartbroken to see that this hearing is to determine whether this parcel will remain as it is or become yet another auto dealership. Do you guys know off the top of your head how many dealerships we have in Virginia Beach? It's got to be like a hundred or something, right? It's a lot. Bill Brazier: Please know that we are also humbly aware of the fact that this is private property and we are really the public here pleading our concern. If this parcel can remain as it is, then it will continue to produce smiles, be a place to forge friendships, make memories and inspire the youth. Bill Brazier: The place is also a vibrant area with green area within the city, and is host to abundant wildlife, including yes, Redhawks. We absolutely cherish the space and would love to see it go. But again, we are understanding of our limited position in this situation. If there may be any way the trails can remain, it would be endlessly indebted to your assistance and graciousness. I appreciate your time. David Weiner: Thank you, sir. Any questions? Oliver: I do. David Weiner: Okay. Oliver: Mr. Brazen, and as much as I appreciate the recreation that you all are using on this piece of property. You do understand one thing. It doesn't belong to you. You need more than my children coming onto your piece of property and setting up whatever recreation they would like to do. Bill Brazier: Absolutely. Oliver: It's not yours to use nor is it anybody else's. It's illegal and it's against the law and bottom line. That's what it is. If you all would, and I'm not saying you shouldn't have some sort of park like that, 14 then I suggest if you've put as much hard work and dedication into building this park, which all these men evidently think are great. Oliver: Which I'm sure I would, if I did that myself, but it's not a sport I'm going to take on. Then I suggest you purchase a piece of property, go through the proper channels, get it zoned and build a park. It's not saying you can't, you just can't do it here. Bill Brazier: Absolutely. And I totally understand. Oliver: And truly this is, I understand that you would love to have this piece of property. I'm just so disappointed that you all are doing this illegally. Regardless of whether this is a 7-11 or another park or a preschool or whatever this piece of property is developed into. You don't have the right to do this. And as a citizen of this city, you should be very proud of it and uphold these laws. Bill Brazier: Absolutely. And I come here with the outmost respect. Oliver: Do your parents know you're doing this? Bill Brazier: Absolutely. I do want to be clear that I've never seen a no trespassing sign on this property. And these were not created by us. These have been here long before us. Oliver: Because, and I'm having a real problem with this Bill Brazier: I'm 31 years old,' have a son now and I actually am a property owner in Chesapeake as well. Robyn Klein: How are they supposed to know? Oliver: Because they don't own the property. That's how they're supposed to know. 15 Robyn Klein: But how do they know it's not public like city? Dee Oliver: Oh, he's 31 years old come on. Robyn Klein: I wouldn't, I don't know that every- David Weiner: Hey, hey, hey come on! Let's go, let's go. Dee Oliver: I'm not going back into that. Bill Brazier: No, I absolutely understand your concerns. And I appreciate you listening to us today. Oliver: I would suggest that you all go in and find a piece of property and do it. Bill Brazier: And that we are absolutely planning on attempting to do that. I'm a property owner now in Chesapeake. And I do intend to do that one day. I fully respect the laws and understand the frustrations that some may feel about this. David Weiner: Thank you for your comments. I do appreciate it. George Alcaraz: I want to say. Well, Mr. Grays, and I'd like to get with you, because I'd like to advocate to find a place for you. Okay? Dee Oliver: There you go. Bill Brazier: 16 Absolutely. Thank you so much. I appreciate it. David Weiner: Okay Thank you sir. Bill Brazier: Thank you for your time. David Weiner: Next speaker. Madam Clerk: Our final speaker is Connor Clifton. David Weiner: Connor. You sure you want to come up here? Connor Clifton: Yeah, I'm fine. David Weiner: I'm just messing. Connor Clifton: I'm the reason why this place is here, man. David Weiner: I'm just messing with you. Connor Clifton: I mean, I'm the reason why this place is here man. I have a key. You are not allowed to ride this place unless I am there. Oliver: Which is not yours. Connor Clifton: 17 I know that. We have nowhere else to go. We got ran out of Ipswitch in Chesapeake. They told us we weren't allowed to dig. We weren't allowed to have what we wanted to have there. We got ran out, man. I am my only child. My father passed away in 2009. Connor Clifton: I have been hanging out in these woods since 2004. My mom has been dropping me off in these woods to hang out. I've never seen this person. I've never seen Runneymede. I've never seen anybody from Hyundai, Car World, Drivers World. I've never seen any of these people. There's never been a no trespassing sign. Connor Clifton: I have literally up until this we've really had no idea what was going on with the property. Nobody shows up, we take care of it. We have trash cans there that are chained to trees. We take care of the street. The neighbors that are here with us. Connor Clifton: In support of us. It's a very touchy subject, man, because it's all my work. If these guys come ride it and yes they do help. But I'm the one that is there in the rain, the snow year round taking care of this property. I mean it's not mine. And so what's the reason it's for this right here. There is humanity and people have a heart. Oliver: I'm not saying you don't have a heart and I'm not saying that you- Connor Clifton: I know I have a heart. Oliver: We all do. And we are compassionate and we are sympathetic to your desire to have some place to go and to do this. Again, it's not your piece of property. Connor Clifton: I understand that. You all have property that runs across the back and so does somebody else. The whole beginning of this whole meeting was about storm water drainage. That runs right down the back of this property. David Weiner: Hold on a second. Listen, what it boils down to is there was no trespassing signs there. Nobody ever kicked you out. Okay. So I understand where you're coming from. 18 Connor Clifton: Yeah. There's never been nobody that told us to not be there- David Weiner: But unfortunately it's time to develop it. Okay? Nobody can do anything about that. You don't own the property. So it has to go. Connor Clifton: Okay. That's why we're here, but just trying to get some closure. David Weiner: Okay. That's fine. Connor Clifton: I always knew this day would come. David Weiner: I feel sorry for you. I really do because you're out there in the- Connor Clifton: I mean, we don't have money, like car dealerships to buy property dude, I make $20 an hour. These guys all make 20 hours an hour, man. What we got to do? Work the rest 20 years of our lives when we're 45, 50 years old. And then we can buy piece the property to do this. David Weiner: Understand- Connor Clifton: ... You know what I mean? Like that's kind of a fucking joke. Dee Oliver: Whoa! Connor Clifton: I'm sorry. Oliver: 19 Whoa! All right. David Weiner: Easy, easy. All right, we had enough. Thank you very much. Have a good day. Okay You sure want to come up here Mr. Garrington? Billy Garrington: I want to answer one question the business client had. When it was Driver's World that was not built by the Snyders. They were acquired that later on. So, that's a dealership that was built many years before that they have acquired. This plan will go through site plan review. We will look at the light fixtures to make sure that they're low enough, that they're not lighting up the adjoining properties. We will look at any way we can to make sure that there's no on street offloading of the vehicles. When they come in there, we can take a look at all that. But some of the things that's taking place at the old one, that horse is out of the barn. Robyn Klein: Right. When you move into property. Billy Garrington: That's right but I want to make sure, and I will make sure that Mr. Snyder hears exactly what you had to say about being a good neighbor, because it is about being a good neighbor. It's about them being a good neighbor and about us being a good neighbor. But when you are on somebody else's property and you don't have permission to do so that's bad. So there are 11 conditions in the staff write up we're in total agreement with all 11 other conditions. We're here today to ask for your approval. David Weier: Any questions, Mr. Redmond? Mr. Redmond: Couple of things. For first off, I'd like to just have everybody focus on the application. David Weier: Exactly. Mr. Redmond: Okay. Let's talk about the application. I will say one thing, the gentleman who spoke first, who was a neighbor, I thought made some very challenging questions. And I don't accept that, well, that's a different reason property and this is property it's this is the applicant who he says is 20 causing a disturbance in a number of ways that I think I hope anyway, Ms. Smith and the rest of the staff are here. That we're going to look into. I'm half inclined to want to defer this application based on what he said. So I do not accept Mr. Garrington that, "Oh, that's a different one. This is a new one. So it's all said and done." It doesn't work that way in my view. So, I do think those are issues that have to be addressed. Mr. Redmond: Now to the gentleman who I can't find where you are, but to the gentleman who spoke,who is the neighbor this does have the requisite conditions that say lighting has to be shielded and pointed down and all of those sorts of things, but all that stuff doesn't work if you actually follow it. Mr. Redmond: Right. I think those are very legitimate concerns and they apply to this application, not to something that is in the past, because this is the performance, and the behavior of the application on an adjacent property. And that to me is quite relevant. So I'd like to see that there's some attention made to that and perhaps greater than just saying I've got a meeting on Friday. Billy Garrington: Well. The only thing I can do is that's the next time I will be in touch with him and I'm going to make sure that all of these issues get brought to his attention. Mr. Coston: Mr. Redmond, I somewhat agree with you, but I expected the gentleman when he told me where he lived. I expected his house to be on the street, his backyard to be on that street there. And he's on the other side of the street with a whole row of houses between himself and the property that we're talking about. David Weiner: Any other questions? Thank you, Mr. Garrington. Going to close this and open it up, and is this the beach area, George? Jack Wall: No it's Rose Hall. David Weiner: Right. Beach goes up so far can't tell where it goes. Okay Jack, it's you? Mr. Jack Wall: 21 Well, first of all, it's more about does it meet the requirements of the Comprehensive Plan? This is not a rezoning. It is a Conditional Use Permit for an Automobile Sales facility. In terms of Rosemont Strategic Growth Area, they're just a layout. It's not an office development that potentially was what was intended and in the Rosemont Strategic Growth Area plan, but it's similar. Mr. Jack Wall: The parking is similar, it's got a central structure that would be some similar to what would've been there otherwise. I feel that it generally meets the intent of the Strategic Growth Area. Future plans for a flyover are there, but there's nothing concrete and nothing set for flyover and connection of Sentara Way to Butternut Lane at this point. Mr. Jack Wall: Fears that they can't touch the buffer of trees between the interstate and the property that will hopefully help mitigate the noise vector, as mentioned by the first person who spoke on the lights. David Redmond mentioned that per the guidance that they should be shielded downward and not reflect into the neighborhood, it is a beau colic setting back there, there's a lot of material landscaping, which will remain a berm, which will be in place landscaping, hopefully similar to what's there for the Checkered Flag car facility which will be installed. So I support it. It's sad to see a community amenity, whether it's legal or illegal. It is a vibrant green area, which, you really can't have enough of, but yep. Michael A Inman: I'm making a motion to approve the application. This, it has lots of this conditions are, are loaded pretty well with restrictions on noise, visibility, aesthetics for an auto dealership. But when they comply with all those conditions in the normal fashion, that Checker Fag usually takes care of things, I think it will be fine. And it is zone B2 by the way. So it's zone for business and I think this works. Mr. Redmond: Second. I would like to mention one thing, because somebody raised it earlier and that was why would you have this parcel as opposed to being up on the Boulevard because it's adjacent to a dealership that this ownership owns. So it certainly makes sense for them to have a consolidated larger campus of that kind of thing. Not everything has to be up on Virginia Beach Boulevard necessarily to be successful. That's the point. David Weiner: We have a motion by Mr. Inman for approval, second by Mr. Redmond- Mrs. Klein: 22 Wait comment. Robyn Klein: Oh, I'm sorry. Didn't see you. Mrs. Klein: So I don't intend on supporting the application, but I would ask that there be a condition added that clearly articulates that loading and unloading and of vehicles in the public right of way is prohibited. So that then if the neighbors see that happening, they can then call the Zoning Office. David Weiner: We good? We good? Did we catch that? Carolyn Smith: Yes, sir. Thank you. David Weiner: We're good. Okay. So approval by Mr. Inman second by Mr. Redmond and Modify Condition by Mrs. Klein. Madam Clerk: Okay. Vote is open. By recorded vote of nine in favor and one against agenda item number nine has been recommended for approval with conditions as added. AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley 1 ABSENT Inman AYE Klein NAY Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. When the property is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated 23 September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. 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. 4. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. 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. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no outside audio speakers for any purpose. 8. 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. 9. 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. 10. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 11. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 12. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 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 24 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. 25 Hoa N. Dao From: Connor Clifton <kroncon8291@gmail.com> Sent: Tuesday, November 9, 2021 7:32 AM To: Hoa N. Dao Subject: In regards to 3736Sentra way CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, The set of woods have been built into a community of dirt art work...we take care of the woods and would like them to stay as is... Sorry such a short email I have a lot mentally invested in the property. One question have you seen what is back their? https://chng.it/4gBxRtkwtv https://chng.it/nXPKwFVccn https://youtu.be/ 2584V-osbU Instagram. @thrashmorewoods @attherealthrashmore @colinmckaybmx @vans66bmx @jason.hamm.121 @tj_butler757 @shreddycougar We are just a few of the many that take care of the woods And there's the family of hawks, woodpeckers, and all the other animals that inhabit the woods Have very recent footage of them The hawks have a nest there in the woods and have have babies the past few years #savethewoods #hawksnest #byclemotocross 1 Connor Clifton 7575448086 Contact me Mabe you should met and see what is back there before it gets turned into a parking lot Thanks 2 Hoa N. Dao From: gamermanguy757 <gamermanguy757@gmail.com> Sent: Monday, November 8, 2021 9:22 PM To: Hoa N. Dao Subject: VB bike dirt trails 'thrashmore' CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. These trails are a great community for people of all ages. Please leave the land untouched. The community will appreciate it more than an ugly parking lot. Thank you Sent from my Verizon,Samsung Galaxy smartphone 1 To: City of Virginia Beach Planning Commission From: Peter R. Berning, 104 Presidential Blvd.,Virginia Beach,VA, 23452 (Windsor Woods) Date: November 9, 2021 Subject: Conditional Use Permit (Motor Vehicle Sales &Service)for Winner's Properties, LLC. I request the Planning Commission accept the following information before deciding on the Conditional Use Permit(Motor Vehicle Sales&Service)for Winner's Properties, LLC. Below are two reasons the Planning Commission should vote to DISAPPROVE this proposal. lial The Staff Report Insufficiently Describes Impacts To Adjacent Properties The staff report in support of the applicant's proposal insufficiently describes the impacts on the adjacent properties that include a residential neighborhood (Windsor Woods)and nursing home (Rosemont Health and Rehab). Specifically: 1. Noise Levels: a. The report does not mention the impact of increased traffic noise from the adjacent highway when 3 acres of mature trees are removed from the property and replaced with hard and reflective surfaces(pavement, buildings,etc.). b. This proposal provides no noise abatement measures to make up for the loss of the trees and buffer zone. c. The dilapidated and falling sound barrier(6ft wood fencing)along the south side of 1-264 ends just to the west of this property and the sound mitigation of the wooded area will be lost without any planned replacement. (Fig. 1&2) 2. Lighting Levels: a. The modern design of the planned structure will increase light pollution. b. Two-story,floor to ceiling windows with bright LED ceiling lights will shine directly into adjacent properties and homes. The height of the ceilings will exceed the height of allowed for outdoor light fixtures(14 ft). 3. Loading Zone: a. The proposal does not provide for a vehicle carrier loading and unloading zone. b. The dealership currently uses the public right of way for these operations in an area marked with NO PARKING signage(likely dealership installed). (Fig. 8&9) I recommend that the Planning Commission staff conduct further investigation into the impacts of this proposal to include noise surveys, lighting designs,code compliance, and site visits during nighttime and during vehicle loading and unloading operations. Until this is complete, I do not see how the Commission can make a fully informed decision to approve. 1 Checkered Flag Itaiiiiikiebor- Jouldn't wig&Lo Live Ilikkoor Checkered Flag Hyundai is not a good neighbor. Living near this dealership (and its predecessor—Driver's World)for over 20 years,the homeowners on Presidential Blvd must deal with the following issues on a continuing basis: 1. Loading Operations: a. Occurs on a public street at all hours of day and night. It appears that the dealership put up their own NO PARKING sign on Sentara Way to create a de facto loading zone for their private use. This sign is missing the city sticker on the back (all the other signs on Sentara Way have this sticker). (Fig. 8& 9) 2. Outdoor Lighting: a. Lighting is not shielded to direct light and glare onto their own premises. The homes on the other side of Sentara Way receive a lot of direct lighting and glare. All their lighting fixtures exceed the code limits of fourteen (14)feet. Their current lighting was originally "grandfathered" but has recently been replaced with brighter LED lights above the code height limitations. (Fig. 3, 4, & 5) b. Lighting issues worsen in winter months after trees lose their leaves. 3. General Noise Levels: a. Open maintenance bays pointed at the neighborhood where we can often hear industrial work being done on vehicles including the operating of air guns and other equipment. b. In April of 2018,the dealership was expanding their buildings and repeated violated the noise ordinance by producing construction noise during evening hours past 10:30 pm. The city had to send an inspector to the dealership to remind them to not create noise outside of the approved time frames (7 pm to 9 pm). Emails exchanged with Nancy Bloom (Assistant to the City Manager). c. Car wash blowers located on the neighborhood side of the building. Vehicles exiting the wash are blown dry. The noise of the blowers is outdoors and pointed at the adjacent properties. a. Alarms and external speaker systems are a constant nuisance day and night. 4. Litter and Employee Parking: a. Dealership vehicles are often stored on Sentara Way . (Fig. 6) b. Dealership employees park on Sentara Way and often litter. (Fig. 7) I recommend that the Planning Commission staff conduct disapprove the proposal until Checkered Flag can demonstrate on a consistent basis that they are committed to being good neighbors to the residents of Windsor Woods and the Rosemont Health and Rehab center while adhering to city ordinances. 2 Figures .- 1-i1 s3..fir a ' , y�,amy._ t. yJ 1 • . [+•- . �a - �- — ?t r am. + '�"�/ �'+a•} 4 .^elsco: s ff r ,s ' ,+� .E : +�it i. ,r -; ` , 11# Wooded area ,,, j ' y l,� .s•y_ v,a`oe, _ `* ► to be removed ,,r _ ` y�a_01,0 "e = r. F- r_ {per " . s.4 -..r • rr" .b-scar y" ` Ewa' z ,e r lam. LY ' ��� Exs�nBs k ...._ l w. i [' F i1/4is „titerI , ? la : 1 t., V. ,. L ..it ,go .. .,, . _ i , , A,, Art j • + - Cry 1 410.4t. Figure 1 Length of highway "sound barrier"(no barrier to the east of this line) .. j�` !� ce • :r 3' .. ts +y ^ j iii_ - .....anome fir• rn. Figure 2 Eastern end of outdated"sound barrier"1-264 looking south toward Windsor Woods This"sound barrier" is dilapidated and falling down in some sections. It and the single line of trees provides little to no noise abatement for Windsor Woods residents. The city should consider installing adequate abatement structures here and in proximity to the proposed expansion. Removing the wooded area will open a noise vector directly into a residential area. This section of 1-264 is a known straight where some drivers use excessive speed and noise generating vehicles to race and violate noise ordinances (appears to be minimal law enforcement in this area). 3 ` 4 F r ,> 1 as .__ - ^.a Figure 3-Unshielded outdoor lighting as seen from across Sentara Way-08 November 2021 ti• - Mk! k ., -', * _ i Previous light .1 - .j x •1. ;tom _ fixtures(2018) iiv. • .1 '- • 1: . N Y k•. s.s R ;d ysyy. � 1 ;sa ��..;:.. tr j 'fi-iw"" Ift.r 4, - Y: - yam, .- �3 - ,-. 1 r . , allia-Hrr,4;.%-'w,, __:___ - , - -.. Figure 4 Newly installed unshielded outdoor LED lighting—08-09 November 2021 4 r aj aa.° ii it L � r r y, Figure 5 Glare from Dealership crossing Sentara Way-08 November 2021 .;cbccea V • NINE 4 Figure 6 Dealership Vehicle stored on Sentara Way-09 November 2021 5 ; . ZZ-ON1 . ulr1 W,�4 NRGINIp��CM p1( 1$1-19p-1111V� � � . :44. f Figure 7 Checkered Flag Litter on Sentara Way-November 2018 ;„7. y,y,y p �"' 1', - - '�Y�'_ �.�-K` F F fie M #. _ e 6 ems, Z- - _ ..� ...r,i; �airl -- g 40 _ 4 - �_. Figure 8 Loading Zone Created with NO PARKING signage(possibly installed by dealership)—09 November 2021 6 . .t.N . ..„.. ,‘ .. . .,... ...+ ..,,.,.,. . •.. ��' y� y lti.p. .4 ,,, ..,..- .,, ,.. ..•'. . , 10. y ; t Figure 9(L)Loading zone sign without city sticker,(R)another sign with city sticker \,- 411111) 0., Ott - .r- .�- Figure 10 Light fixtures poined away from dealership and onto highway-09 November 20/, \ -Jr:Zr- \ (/1(AX4-. PETITION To the Virginia Beach Planning Commission We, the undersigned residents of the Presidential Blvd and Bentley Gate Way in Windsor Forest petition the VB Planning Commission and ask that (Conditional Use Permit be denied for car sales dealership and service facility for Winner's Properties, LLC(Applicant) and The Runnymeade Corporation (Property Owner). Address:3736 Sentara Way GPIN(s): 1487428775 Council District: Beach Accela Record:2o21-PCCC-oo220 The residents of Windsor Forest do not want any more commercial development adjacent to our neighborhood. The wooded lot benefits our neighborhood in many ways such as: 1. Serves as a noise buffer from I-264 2. The woods naturally reduce rainwater runoff into drainage canals 3. The wildlife (raptors and foxes) living in the woods provided natural rodent mitigation in the surrounding area 4. Bird sanctuary for several species 5. The natural beauty of the woods provides curb appeal as you enter our cul-de-sacs Developing this land will: 1. Decrease the value of our homes 2. Increase noise from the car repair facility and I-264 3. Increase light pollution 4. Increase traffic on Rosemont Road 5. Reduce the tree canopy of Virginia Beach, which is in direct conflict with VB City Council's goal of increasing tree canopy to 45% (referencing TreeTopia event at Mount Trashmore) 6. Increase noise at Rosemont Health and Rehabilitation facility next door to the proposed site The contact persons for this petition are: Bogdan Terlecki 125 Presidential Blvd 757-615-4034 Francisco Rodriguez 128 Presidential Blvd 757-291-4874 NAME ADDRESS PHONE RESIDENT SIGNATURE NUMBER 1 / ;i4L,....,, 7(h A1thit`J i`t► mi 'Ale Wo4-c94( ✓ 3 6111# !ItreCicIPC,4 75 7-4314i V . .e. 4 3124 a ehfltt3 151-401-31 32 464207 6 att Wiwi ✓ - n _ 5 pirao 37i6 BeoIIy 7c7 c10-o'1s7 ot,4K--- Remalat 1447 19,9 6 - -- J91, 9/0/6� ��s,�,..f,;d 7s 1-735-L9�7 � 'A 7 et.....v Alva ircia Cif! ;my j wrt.4) / (if/u6Y ------ 9 M‘Yc tl6 re .iick&ii i,k ;:;' p►bu st.,it 10 )12 p vex: "r/ .,F 2 ? •-•- 7erf. oh artorm+- )b-)col is 11 13 t _ __ 781-/ NAME ADDRESS PHONE r RESIDENT ! SIGNATURE NUMBER TeFettey toy pte toeaEML 757-375-93 Y, -0.6 4 1r—� 12 BAcCotio 136V D 312-1 'r51 1 FaiteAC'd It3R.nR3C'ea �t 5i 3 ?si: 4tC,e)42-03vka-, Mod 14 Qog � 37/1 757 .. /� Gu � �S jr,., ,t, G71"1 9 15 /C k 370 9 757 - .,1%/ 0) C A/ei✓or1/d s1✓>G6.Y col AS A'G9p Ots"lte 16 Q bojo, 19 S Vreb.denlid 'ls►-'1t1. 6\4 tet, tA;q0 17 F/awiai'cb (2Y fres-444,i `fk7 18 Aewor 125-PresuaeR14-1 757•615 19 20 21 22 23 OR OR �, OR _ Street th �---' gar ---- \ \ th Street ,---iA pR ,. OR ____------ 3 li i OS ' o , 0 _- _------- \ .. C‘\ _,--- \tiCikilitee I 0 \ %\ ---- 0% °C- ti; OR _ .111 � �' OR OR 1 __feet O.Rat '00s re\. _ S , E°R-- - 11 i/d- 1 W --' --- __------ co ONO \ , st O R � oil( h Street ORS t 1 OR OR , :. ► co 0 N James D. White Revocable Living Trust 'a) ��j Site �' " 1 Property Polygons 407 18th Street, Unit A Zoning Building - =mom moi Feet 0 20 40 80 120 160 200 240 4. 4-,,s.---„,_,1„ 1, CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: JAMES D. WHITE REVOCABLE LIVING TRUST [Applicant & Property Owner] Conditional Use Permit(Short Term Rental)for the property located at 407 18th Street, Unit A (GPIN 24270763310001). COUNCIL DISTRICT — BEACH MEETING DATE: December 7, 2021 • Background: The applicant is requesting to operate a three-bedroom Short Term Rental unit located at 407 18th Street, Unit A. The 11,124 square foot site is within the boundaries of the Oceanfront Resort Short Term Rental (OR STR) Overlay District and is zoned Oceanfront Resort (OR). The property contains four dwelling units, one of which received a Conditional Use Permit for a four-bedroom Short Term Rental in 2020 (Unit D). The minimum number of parking spaces required for a Short Term Rental is one per bedroom, or three spaces in this instance. • Considerations: The site is located within the ViBe Creative District, which includes a myriad of commercial and residential uses with an emphasis on arts and culture. In addition, the property is within four blocks of the public beach of the Atlantic Ocean. The applicant's parking plan depicts one required off-street parking space inside of the unit's two-car garage, and the two additional required parking spaces will be leased off site at 335 Virginia Beach Blvd, approximately 515 feet from subject parcel. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. In addition, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. The applicant received three letters of support from the owners of the three other units on the property. There is no known opposition to this request. • Recommendation: On November 10, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0, with 1 abstention. James D. White Revocable Living Trust Page 2 of 5 The following conditions shall only apply to the dwelling unit addressed as 407 18th Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 1. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 2. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Two (2) parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. James D. White Revocable Living Trust Page 3 of 5 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case James D. White Revocable Living Trust Page 4 of 5 may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. 20.Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. 21.Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 22.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (3) James D. White Revocable Living Trust Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 0 Submitting Department/Agency: Planning Department City Manager:0 Applicant & Property Owner:James D. White Revocable Living Trust Agenda Item Planning Commission Public Hearing: November 10, 2021 CityoJ (Deferred from October 13,2021) 16 Virginia Beach City Council Election District Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation vw"s"ee, 2,,,,,,t.., hts'eet g -:--(µ h 1~ t \Approval )-</ 1`hwettet 1�dSteet ` •H%Sr '�Staff Planner moll\ _ , e. 22,,5tC Brandon Hackney — T .ois , Location # oo. 407 18th Street, Unit A iir °4 n tech SU a ,PI t, • GPIN th� 9e Kh go ulav ar d 24270763310001 ""g'h'S +�' Sm.' ID stro ,ah Site Size I K , eet 4 11,124 square feet `5`° -� A 00 st"et M P,tte1 120 greet 0 00 S<eet ttth St'"•t txtn Suet,-'~� r m Street Existing Land Use and Zoning District `�` to Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North r %: r Multi-family dwellings/OR Oceanfront Resort South 18th Street Commercial towing company/OR Oceanfront Resort East r Office/OR Oceanfront Resort `' West tt Duplex/OR Oceanfront Resort lov ; U. l't — ` r James D. White Revocable Living Trust Agenda Item 16 Page 1 Background & Summary of Proposal Site Conditions and History • This parcel is 11,124 square feet and zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2008. • Unit A is one of four dwelling units located on the property. • In 2020, Unit D was approved for a Conditional Use Permit for a four-bedroom Short Term Rental. • This application is for Unit A, which has three bedrooms. • This site is located in the ViBe Creative District and is approximately 0.3 miles from a public beach access. • Staff inspected the site on July 8, 2021 to observe site conditions and take photographs for this report. • According to the applicant, this property was not used for Short-Term Rental purposes prior to July 1, 2018; therefore, a Conditional Use Permit for the Short Term Rental use is required. • Known Short Term Rental activity as of 09/12/2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity $ \11., tceet s`e', gee —,.- 21 st� to zptn a _. veal or ti- \ , .,,- -Z _.e..___„..._,_ ..: ... 4,\\_\._., ,.? s0..2 ,__ goy — _ c. ii 1.A_ ..„\w". . ,__:_----1 , _-, to Short Term Rentals .11111}- ` CUP Status -a._.: I. } -gi st istools , ,.-„ -..... alk,_�i 15t , e James D. White Revocable Living Trust Agenda Item 16 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As required in condition 19 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3* *2 parking spaces will be leased at the parking lot for Beads and Rocks, located 0.2 miles from the subject property at 335 Virginia Beach Boulevard. 110 ✓ i Zoning History O„ 1 % # Request 1 CUP(Short Term Rental)Approved 06/09/2020 2 CUP(Automobile Museum)Approved 12/07/2010 OR Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a three-bedroom short term rental is acceptable.There are two driveways, one running along each shared property line with the adjacent sites. Units A and D share one driveway, while Units B and C share the other driveway. Since the driveway is shared by two units, no parking on the driveway by the occupants of Unit A is permitted as it would block full driveway access to Unit D.The applicant has submitted a parking plan that depicts one parking space provided for Unit A on-site in the two-car garage, as permitted per Section 203 of the Zoning Ordinance. As a minimum of three parking spaces are required,the applicant also submitted proof of a parking agreement with the property owner of 335 Virginia Beach Boulevard to lease two parking spaces, thus ensuring that the parking requirement is met. James D. White Revocable Living Trust Agenda Item 16 Page 3 As allowed under the provisions of the Zoning Ordinance,the Zoning Administrator reviewed and approved the use of the two-car garage for one of the three required off-street parking spaces as well as the applicant's proposal to lease the remaining two parking spaces from the property owner of 335 Virginia Beach Boulevard.Thus,the requirements of Section 241.2 and Sections 2303 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. As the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP)where parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active.This program was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. Three letters of support have been received from the property owners of the other three units within the multi-family building. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street Unit A,and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. Two(2) parking spaces,at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only.Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. James D.White Revocable Living Trust Agenda Item 16 Page 4 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. James D.White Revocable Living Trust Agenda Item 16 Page 5 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three(3)years indicating all exterior stairways,decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised. 3 letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021, and October 31,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25,2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 22,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-council/Documents/BookmarkedAgenda.pdf on December 3, 2021. James D.White Revocable Living Trust Agenda Item 16 Page 6 Site Layout & Parking Plan • 20' ALLEY (M.B. 8, P. 5) }..i. ,B7615 5'£ . . ARQQ _ „ -fit : , Sao. ,' Unit C Unit D I,\ -3-bedroom 1f? ::::::::: 1 condominium w r.rJ'f'J" i •❖:::.%• -1 parking space provided ir'jrt' ❖.❖ °(ri:rIrii_ffilr' ';NA ` ' r.,V &,;:•.., -2"d & 3rd parking spaces sg ,>r c 3;' Leased off site at /4 Unit ❖ A C PAO• ❖• .07 . .•.'❖:❖ 403 18th Street 335 Virginia Beach Blvd 34 ' r` B '�'•�' 1 - ") A/C PAO'0:•:,•:0 L 1••❖•• . •••••• 4h /r ,C$$$$ ;OW .Ar .4„:.:.:.,,„ _ :000•�, s in 13 w woo_ JIL MOO'TO P.L Of 'f U.PP.�w w) . _ . e UGHT(SILVER17) --., ARCM AVE: - -- - r--. --r-r._..__► • r • •- - 18th Street James D.White Revocable Living Trust Agenda Item 16 Page 7 Proposed Off-Site Parking 1 Off Site Parking 335 Virginia Beach Blvd ' 2 Reserved Parking Spaces _r 1 100\1_,, jell. . • ti' li Ft \ , . , -- . 407-A 18th St STR ....\__________ ,ye J IF AV. .,.. ( I !' 6,\,, j#,,ii,,i_ \ I. inn 1 'I.' i'* ':4r.'lly"' ' -itx -r-ic,lir.*: ,_. 4, _ vie, '-' ••••'` - Two Off-site parking spaces at 335 Virginia Beach Blvd James D. White Revocable Living Trust Agenda Item 16 Page 8 Site Photos 11111,, • g t. • r,,. , , - -_- 61IIIIII 1•1►�h,l q►�l,i11 1011 a 8 w_ , AIL r ®�1 Iir, 100._i 1 � 1 ;-•-= :•,.:- / James D. White Revocable Living Trust Agenda Item 16 Page 9 Disclosure Statement r Disclosure Statement Planning&Communitt �-' Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name James D. White Revocable Living Trust Does the applicant have a representative? ■Yes ❑ No • If yes,list the name of the representative Krista White is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc below (Attach a list if necessary) lames White,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attacn a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled tunds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 James D. White Revocable Living Trust Agenda Item 16 Page 10 Disclosure Statement Disclosure Statement Planning&Commu Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑ No • If yes,identify the financial institutions providing the service. Wells Fargo/Townebank 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes ❑No • If yes,identify the firm and individual providing the service Jones CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes MI No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes MI No • If yes,identify the purchaser and purchaser's service providers 21 James D. White Revocable Living Trust Agenda Item 16 Page 11 Disclosure Statement Disclosure Statement 113 Planning&Comma Development • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 118 No • If yes,identify the company and individual providing the service 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes III No • if yes,identify the firm and individual providing the service Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that. upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applic t Sig ature lames White.Trustee Print Name and Title 5/18/21 Date Is the applicant also the owner of the subject property? ■Yes ❑ No • tf yes,voo do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 11/17/21 Signature L fi Ashy Moss James D. White Revocable Living Trust Agenda Item 16 Page 12 • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. James D.White Revocable Living Trust Agenda Item 16 Page 13 Q I- Z .-------' ',. '',e1,$)-\-------- CC V _\_.: ___.,_\- --.'-‘.- -,4_71‘._,i\i„‘„..\ r--- \___ ______Ts-:.: . \ % li--tlk-7:4-7— ... \ \ \ ...0"*.x.....r. ,-- .• --- 00 - r N \1111110\\ \ () . V..---\ ' • -il' , ., CI- \\ \ , o li \ _____, t. ) — 110;11 v% 1 Ij31 lit ' ----- -7---1t I Ilifif it li - . • - 1 11 --- • a_6011, ) - ,,to , .11 — __.- -c4 ._- -. - GS' Q d AS t° A d • t CC r_ 1UJ .-�-`� L� �+N �1r -- c r YN f , I ,. Ili N C 0 inV) , i, `�- r-1�1 �� t l u 11 t 1 11't w 2 Q Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 16 James D. White Revocable Living Trust [Applicant & Property Owner] Conditional Use Permit [Short-Term Rental] 407 18th Street RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Thank you. That was the end of the items on the regular Consent Agenda. There is one Short- Term Rental on the STR Consent Agenda, and that is James D. White Revocable Living Trust for Condition Use Permit at 407 18th street. I think that's... And these... You're good. Yeah, you're fine, you can come up here. The Planning Commission places, this application for Condition Use Permit for Short Term Rental on the Consent Agenda, as it meets the applicable requirements of section 241.2 of the Zoning Ordinance, staff supports the application and there's no known opposition to the requests. Mr. Chairman. That's the last item on the regular and the STR Consent Agenda. I make a motion that we approve agenda items two, three, four, five, 11, 13, and 15. And on the short term rental agenda, number 16. Michael Inman: Sorry. David Weiner: Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: Mr. Redmond. Dave Redmond: 1 Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS: 2 1. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. Two (2) parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 3 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. 4 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21.A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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. 5 From: ICrsta White To: Summer J.Peebles Subject: letter of Support:Short Term Rental-407 18th Street,Unit A;Virginia Beach,VA 23451 Date: Monday,June 7,2021 3:11:04 PM Attachments: Itraae001 ong Mlige.042409 1 3= I .019 I [CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Letter of support for 407 A 18th Street from neighbors. -----Forwarded message From:Joshua Coe<jcoenganchortg.corn> Date:Mon,Mar 29,2021 at 3:12 PM Subject:Short Term Rental-407 18th Street,Unit A;Virginia Beach,VA 23451 To:Jim White<jim@jimwhitefit.com> Cc:Krista Embury<krista@jimwhitefit.corn>,Nathan Bolling<boiling nathan@gmail com>,jjhrenneman@gmail.com <jj brennem a nQ gmai l.com> To whom it may concern, I am writing this on behalf of myself,as Trustee of the Joshua and Kimberly Coe Joint Revocable Trust,which owns 407 18th Street,Unit D,and as President of the 18th Street Condominium Association. In both capacity as an owner and as president of the condo association,I give full consent and encouragement for Mr.White's unit,407 18th Street,Unit A,to function has a short-term rental. As the City of Virginia Beach is aware,this unit is located in the center of commercial activity("the Vibe District"),and further,it is located in a proposed overlay district that will presumably allow short term rentals. Also,the project that city has championed and authorized funding, the Dome Project is located one-half(1/2)block from these units. The Dome project will have a tremendous positive impact on our city;however, such project will make long-term rentals less than ideal at our location. Therefore,the logical and sensible solution for the City of Virginia Beach is to grant Mr.White's request and issue a Conditional Use Permit for 407 18th Street,Unit A,to function as a short term rental. Please do not hesitate to contact me regarding this. All my best, jOskual:tee Joshua J.Coe,Esq. 1111 Managing Partner ANCHOR LEGAL — GROUP. PLLC Phone.757.5294000 Fax: 757-909-7241 Email jcontanchorlg com 5101 Cleveland Street, STE 100 Virginia Beach,VA 23462 www.anchorlegalgroup.com Nathan Bolling & Jade Bolling 407 18th Street Unit C Virginia Beach, VA 23451 Hello, We, Nathan Bolling and Jade Bolling, support Jim and Krista White in using their home at 407 18th Street Unit A, Virginia Beach, VA 23451, for short-term rentals. Sincerely, AcAic'^'$AT Nathan Bolling cIA,{162- Jade Boiling From: )(rista White To: Summer).Peebles Subls a Letter of Support i3 Data: Sunday,lune 13,2021 3:37:22 PM CrITUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I See below. -----Forwarded message From:Leland Brenneman<jjhrenneman@gmail cnlp> Date:Mon,Mar 22,2021 at 7:10 AM Subject:Support To:Jim White<jimlgjimwhitefit.com> Dear Jim White, I support your intention to use your property located at 407,18th St,unit A,in Virginia Beach for short term vacation rentals. Regards, Leland Brenneman Owner of property located at 407 18th St,unit B,Virginia Beach Sent from my iPhone Krista White Jim White Fitness&Nutrition Studios Jim White Workplace Wellness LIFT Fitness Foundation Jim White,Inc VB Studio 1848 First Colonial Road,Suite B,Virginia Beach VA 23451 757.422.4728 Norfolk Studio 1115 College Place,Unit A,Norfolk VA 23510 757.440.3200 'We've moved!Please note our new VB studio address. This document may contain information co.ered under the Privacy Act,5 L,SC 552(a),and'or the Health Insurance Potability and Accountability As:F.1 u.'-1Pr)and its carious implementing regulations and must be protected in accordance with those provisions.Healthcare information is personal and sensitive and must be treated accordingly If this correspondence contains healthcare information it is being provided to you alter appropriate authorization horn the patient or under circumstances that don't require patient authorization.You,the recipient,are obligated to maintain it in a safe,secure and confidential manner.Redisclosure without additional patient consent or as permitted bylaw is prohibited.Unauthorized redisclosure a failure to maintain confidentiality subjects you to application of appropriate sanction.If you have received this correspondence in error,please notify the sender at once and destroy any copies you have made. I ,Nub, -N i� 0s� ji ��o �JJ %�Y: CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A RESOLUTION TO ADOPT AND AMEND INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE STORMWATER IMPACTS FOR DISCRETIONARY LAND USE APPLICATIONS MEETING DATE: December 7, 2021 • Background: In support of the Stormwater Bond Referendum (Referendum) on the November ballot, City Council passed a resolution on September 7, 2021, that outlined specific commitments to ensure swift action following approval of the referendum question. One such commitment is the delivery to the Planning Commission and City Council an amendment to the City's Comprehensive Plan (Comp Plan) related to stormwater discharge associated with discretionary land use applications. As the citizens of Virginia Beach passed the Referendum on November 2, 2021, an amendment to the Comp Plan was drafted and subsequently considered by the Planning Commission on November 10, 2021 . The amendment affirms City Council's intention to require all rezoning applications regardless of the location within the city be required to demonstrate no impact or increase in demand on the public stormwater system. • Considerations: A stormwater regulation workgroup with membership of City Council liaisons, City Staff, professional consulting engineers, and representatives of the development community have been discussing a variety of stormwater issues facing the city. One such issue is the contents of a preliminary stormwater study. Currently, the Comp Plan recommends applications within the Southern Rivers Watershed and in areas of known flooding submit a preliminary stormwater study. The proposed Comp Plan amendment would require rezoning applications (including conditional rezonings) for properties throughout all of Virginia Beach to include a preliminary stormwater study, while all other discretionary applications such as Conditional Use Permits would be exempt. While this change would seem to increase the burden on applicants, the stormwater regulation workgroup has been working on proposed changes to the study submittal requirements whereby if an applicant voluntarily submits a proffer that the project will abide by all state and local regulations and commits that there will be no impacts upstream or downstream, then a more simplistic version of the City of Virginia Beach — Comp Plan Amendment Page 2 of 2 study could be submitted to ensure stormwater facilities have been sized appropriately. Contrarily, if an applicant opts out of submitting such a proffer, then the applicant would need to submit a more detailed analysis that would likely include stormwater modeling to demonstrate no impact to the stormwater infrastructure upstream and downstream for staff to consider a positive recommendation of the application. The stormwater regulation workgroup is continuing its effort to refine the requirements for the analyses. These requirements are noted in an internal policy document rather than codified in City ordinances or within the Comp Plan. Based on this, changes to these submittal requirements can be made quickly and do not require City Council consideration or action. There was one speaker in opposition who expressed concern that expanding the requirement for a stormwater analysis for all rezonings throughout the city, rather than generally just within the Southern Rivers Watershed, could lengthen the discretionary application process. The speaker encouraged changes include Staff having the ability to use discretion, and that the workgroup find a more balanced and less prohibitive approach. The Planning Commission, while supportive of the concept within the Comp Plan amendment, voted 11-0 to deny the resolution as they believe that additional input from stakeholders is warranted. • Recommendation: On November 10, 2021, the Planning Commission passed a motion by a recorded vote of 11-0 to recommend denial of this request. • Attachments: Staff Report with Comp Plan Amendment & City Council Resolution Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department 0 City Manager: 0 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approval/disapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2, 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016, and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of _ , 20_. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Planning Depa ment City Attor ey's Office CA15564/R-2/November 1, 2021 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan—it's Our Future:A Choke City November 20,2018 be taken to ensure consistency between the Comprehensive Plan and the Regional Hazard Mitigation Plan,especially related to strategies to mitigate recurrent flooding and sea level rise. Recommended Policies: Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Concentrate new development at higher elevations outside special flood hazard areas. • Use alternative construction techniques to minimize fill in the Floodplain Subject to Special Restrictions. • Wherever possible in the development approval process,avoid developing inside special flood hazard areas,especially in the Southern Watershed Area,which is characterized by limited relief and a minimal hydraulic gradient. Agenda for Future Action Recommendations:Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Develop a program to educate the public on the beneficial functions and values of floodplains. • Implement the findings and recommendations of the Sea Level Wise Response Strategy. • Preserve and enhance beaches and dunes along the City's Atlantic Ocean and Chesapeake Bay shorelines. • Implement the recommendations of the Regional Hazard Mitigation Plan. LAND DEVELOPMENT AND STORMWATER MANAGEMENT Land is a precious resource,limited in amount,highly valued and often exploited,a commodity that is constantly being sold,developed,or redeveloped. As the City matures,its land inventory becomes even scarcer.Management of land in its natural state demands that we employ wise management and stewardship practices to safeguard the City's natural heritage.Similarly, developed land should be used in a sustainable manner so that its value to present and future generations is maintained or enhanced.On November 2.2021.the citizens of Virginia Beachpassed a bond referendum to initiate a comprehensive financial plan to pay for the debt related to significant City-wide stormwater altEfl flood control projects.The goal of these projects is to provide for the long-term flood mitigation needs of the City. Based on the resolution passed by City Council on September 7.2021.it is the intent of City Council to require all rezoning and conditional rezoning requests have no impact on the current and planned future stormwater infrastructure that will help protect the City from recurrent flooding and sea level rise.Similar to the current policy for the Southern Watershed.all rezoning and conditional rezoning applications must-pc-eve demonstrate by providing a preliminary stormwater analysis no impact to the stormwater infrastructure upstream and downstream and this information shall be provided,amongst other planning considerations,to obtain a positive recommendation from staff. practices. Environmental Stewordship Framework/2-57 City of Virginia Beach Agenda Item 1 Page 3 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan-It's Our Future:A Choke City November 20,2018 ..,,..:nn nC:.,:4:ath'cn:opp .,4n..,7,,,7 F.. WOW- 441-the-eity4sA444444e-effevt-is-Eles4giied-te-updete-the- -440-1 Enrironmentol Stewardship Frnrneworkj2-58 City of Virginia Beach Agenda Item 1 Page 4 Comprehensive Plan Amendment City of Virginia Beech Comprehensive Plan-It's Our Future:A Choke City November 20,2018 n ssenibly.after m...,y years of 0 b 14� .. e,1 ,.a pp ed ,Virg Be c1. 1. addiF: d,. t• ftl. 009/' 1 - .b:'_ ..•. :r,r,:•••• ••• :b'••••• •••• •. •••• ••,,,..:"mod"�ccvpciviTm-errr-evarrvviiirirF•�TciiBirC Southern Watershed Subject to"Special Drainage Considerations" In addition,the Southern Watershed(see Southern Watershed map in Chapter 1,Section 1.5-Rural Area)is subject to"special drainage considerations."Drainage in the Southern Watershed is highly impacted by the presence of high ground water,poorly draining soils,and high water surface elevations in downstream receiving waters.Therefore,it is recommended that the developer of any property in the Southern Watersheds understand and evaluate these factors prior to undertaking the project and properly account for these factors in the project design.Receiving waters in the Southern Watersheds are subject to wind driven tidal influences.High ground water elevations and poorly draining soils can result in increased runoff,can limit the capacity of stormwater conveyance systems,and can counter the use of certain Best Management Practices,such as infiltration. All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watersheds.Accordingly,it is strongly recommended that the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by-right)development application that involves land disturbance in the Southern Watershed.The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas.The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. Recommended Policies: Land Development and Stormwater Management • "Low Impact Development"design features should be incorporated into the City's major buildings and parking area projects and in all private development plans. • All waterfront development proposals in the Strategic Growth Areas(SGAs)should be coordinated with the City's Parks and Recreation Department for potential public water access(e.g.,canoe/kayak put in,parkland,plaza,etc.,)in accordance with adopted SGA Master Plans. Agentia-fer-Patare-Aetion-Reeemmemiatieffel-Latid-Develegment-andtee Management Specifications and Standards Environmental Stewardship Fin nlework/2.59 City of Virginia Beach Agenda Item 1 Page 5 City Council Resolution REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 2020), the Massachusetts Institute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity. even in like new condition is: 'i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis: (ii) insufficient to preclude the 10 future dcwngrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time and (iii) the path to stagnant economic 12 growth as investors pass us by; 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hundred year storm event(a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1.5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8: 19 20 WHFRFAS the City staff has sufficiently scoped out the engineering material 21 solution for a referendum quality cost estimate for eliminating the backlog in ma ntenance 22 of legacy ponds. ditches, and canals and the installation of 21 named projects on the 23 bond referendum question: 24 25 WHEREAS. at the end of the ten-year period in 2032. eight percent of the City will 26 qualify for preferred FEMA flocd insurance risk due io completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals. and ponds: 29 30 WHEREAS. at the ten-year build out. Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045: 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a crowing economy will be sustained: and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress — by dollar amount spent and by milestone achieved —toward completion of 39 such projects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA, THAT: City of Virginia Beach Agenda Item 1 Page 6 City Council Resolution 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November To assist in the residents deliberations, the City 48 Council makes the following commitments which wth the exception of #4, will be 49 deliverec within three weeks if the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,J00 of general obligation debt, which will include the 54 following: 55 a The authorized debt to be repaid by a real estate tax increase of 4.3 56 cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c. In furtherance cf the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the debt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents, acceptance and 73 deliverable testing and certifications documentation and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer. and the 75 Contractor's program manager and quality assurance officer and shall give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches canals, and ponds. 79 80 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommenc denial for any project or deveicpment that generates a net increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out,and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 83 4 The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, includinc using a single prime contractor, City of Virginia Beach Agenda Item 1 Page 7 City Council Resolution 91 watershed bundling, and project bundling The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance 94 95 5. The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028. 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative. 102 103 1. The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches, and canals and sustaining the required maintenance cycles: 105 2. The City will continue the planned increases in the Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds; 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years. and the perils and risks associated with this timeline incluce severe 111 weather events, increased flood insurance premiums companies locating and 112 relocating elsewhere. potential reduction in the City's bond rating, and home 113 va:ues adjusted to reflect the cost of flood insurance; 114 4. The work associated with the Phase 1 projects will increase over time as cost of 115 construction increases. and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will contnue to happen during the longer forty-year delivery 118 schedule for the Phase 1 projects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council of the City of Virginia Beacn, Virginia, on the aay of 2021 APPROVED AS TO LEGAL SU;FICIENCY: 7/7'y/__`� �Cit�rAtf�rney's Office CA15526 R-3 September 1 2021 City of Virginia Beach Agenda Item 1 Page 8 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing November 10, 2021 Amendment to the City of Virginia Beach Comprehensive „,,, Plan, 2016 to address stormwater impacts for Virginia Beach discretionary applications Request A Resolution to amend the Environmental Stewardship Framework of the City of Virginia Beach Comprehensive Plan, 2016,to address stormwater impacts for discretionary applications.This amendment is to be in compliance with the Resolution passed by City Council on September 7, 2021. Summary of Referred Ordinances The purpose of this amendment is to fulfill the components of the stormwater bond referendum approved by the citizens of Virginia Beach on November 2, 2021. The amendment will require rezoning and conditional rezoning applications to demonstrate no stormwater impact upstream or downstream of the proposed project or to current or planned stormwater and cca lcvcl ric^ -wine^^•flood control projects included in the referendum.To show compliance with this policy, all rezoning and conditional rezoning applications will be required to provide a preliminary stormwater analysis similar to what is currently recommended for discretionary applications in the Southern Watershed.Staff envisions that the preliminary stormwater engineering analysis should include plans and calculations that demonstrate stormwater facilities have been adequately designed and sized to ensure no off-site impacts.This simplified analysis should be combined with a potential volunteered proffer stating the site plan will conform to all applicable state and local stormwater management regulation at the time of plan submittal and will not create and impact on upstream or downstream properties or stormwater systems. Alternatively, if a proffer is not volunteered, a more comprehensive stormwater analysis to include stormwater modeling will need to be completed prior to receiving favorable recommendation from staff. By having no impact on the stormwater infrastructure,the City can continue to be resilient to future storms and still allow for new development where appropriate. The amendment also removes references in the Comprehensive Plan to the"Integrated Site Design" document which was a proposal to address resiliency through required site design elements.This document was never adopted by City Council and is not a policy that can be implemented at this time. Recommendation Staff recommends approval of this Resolution to amend the Comprehensive Plan as it will protect the City's investment in stormwater infrastructure and will meet the requirements of the Resolution to support the Bond Referendum adopted by City Council on September 7,2021. City of Virginia Beach Agenda Item 1 Page 1 Resolution 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approvaUdisapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2, 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016, and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of , 20_ APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15564/R-2/November 1,2021 City of Virginia Beach Agenda Item 1 Page 2 Comprehensive Plan Amendment dry of Virginia Beadt Comprehensive M ,—Ms Ow Future A Choice City November 20,2018 be taken to ensure consistency between the Comprehensive Plan and the Regional Hazard Mitigation Plan,especially related to strategies to mitigate recurrent flooding and sea level rise. Recommended Polides: Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Concentrate new development at higher elevations outside special flood hazard areas. • Use alternative construction techniques to minimize fill in the Floodplain Subject to Special Restrictions. • Wherever possible in the development approval process,avoid developing inside special flood hazard areas,especially in the Southern Watershed Area,which is characterized by limited relief and a minimal hydraulic gradient. Agenda for Future Action Recommendations:Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Develop a program to educate the public on the beneficial functions and values of floodplains. • Implement the findings and recommendations of the Sea Level Wise Response Strategy. • Preserve and enhance beaches and dunes along the City's Atlantic Ocean and Chesapeake Bay shorelines. • Implement the recommendations of the Regional Hazard Mitigation Plan. LAND DEVELOPMENT AND STORMWATER MANAGEMENT Land is a precious resource,limited in amount,highly valued and often exploited,a commodity that is constantly being sold,developed,or redeveloped. As the City matures,its land inventory becomes even scarcer.Management of land in its natural state demands that we employ wise management and stewardship practices to safeguard the City's natural heritage.Similarly, developed land should be used in a sustainable manner so that its value to present and future generations is maintained or enhanced.On November 2.2021.the citizens of Virginia Beach passed a bond referendum to initiate a comprehensive financial plan to pay for the debt related to significant City-wide stormwater flood control projects.Thegoal of these projects is to provide for the long-term flood mitigation needs of the City. Based on the resolution passed by City Council on September 7,2021.it is the intent of City Council to require all rezoning and conditional rezoning requests have no impact on the current and planned future stormwater infrastructure that will help protect the City from recurrent flooding and sea level rise.Similar to the current policy for the Southern Watershed.all rezoning and conditional rezoning applications must-preve demonstrate by providing a preliminary stormwater analysis no impact to the stormwater infrastructure upstream and downstream and this information shall be provided,amongst other planning considerations,to obtain a positive recommendation from staff. practices. Environmental Stewardship Framework/2-57 City of Virginia Beach Agenda Item 1 Page 3 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan—It's Our Future:A Choice City November 20,2018 The City has recently drafted an 1nt.°grated Site Design Cuide as the latest in a series of initiatives intended to help developers accomplish sustainable development its the city. 'hile this effort is designed to update the City's current Landscaping C:uidz which was published ro- in 2002 and revised in 2000,it is not an attempt to related to landscaping and stormwater management. The Cuidc seeks to maintain the beneficial 7i:terra"stor:l7N'at:rtreat:a:at;lst:s:dra:r,i,lltr 'andscaping strategies that have been successful in parking lot at n,'sc St:Ut:Tl a:aa':IOU77I:'2;57S' beautifying Virginia Belch over the last 20 year's.The Cuide will be the tool box from which landscape architects and designers,civil engineers,planners, Environmental Stewardship Framewor'k/2.58 City of Virginia Beach Agenda Item 1 Page 4 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan-It's Our Future:A Choke City November 20,2018 b b .ed by the Depa...ue.,t 644143i..onnientat Quality Southern Watershed Subject to"Special Drainage Considerations" In addition,the Southern Watershed(see Southern Watershed map in Chapter 1,Section 1.5-Rural Area)is subject to"special drainage considerations."Drainage in the Southern Watershed is highly impacted by the presence of high ground water,poorly draining soils,and high water surface elevations in downstream receiving waters.Therefore,it is recommended that the developer of any property in the Southern Watersheds understand and evaluate these factors prior to undertaking the project and properly account for these factors in the project design.Receiving waters in the Southern Watersheds are subject to wind driven tidal influences.High ground water elevations and poorly draining soils can result in increased runoff,can limit the capacity of stormwater conveyance systems,and can counter the use of certain Best Management Practices,such as infiltration. All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watersheds.Accordingly,it is strongly recommended that the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by-right)development application that involves land disturbance in the Southern Watershed.The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas.The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. Recommended Policies: Land Development and Stormwater Management • "Low Impact Development"design features should be incorporated into the City's major buildings and parking area projects and in all private development plans. • All waterfront development proposals in the Strategic Growth Areas(SGAs)should be coordinated with the City's Parks and Recreation Department for potential public water access(e.g.,canoe/kayak put in,parkland,plaza,etc.,)in accordance with adopted SGA Master Plans. Management • Environmental Stewardship Framework/2-59 City of Virginia Beach Agenda Item 1 Page 5 City Council Resolution REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 202C), the Massachusetts Institute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity, even in like new condition is: 'i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis; (ii) insufficient to preclude the 10 future dcwngrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time and (iii) the path to stagnant economic 12 growth as investors pass us by; 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hu-dred year storm event(a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1 5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8: 19 20 WHFRFAS the City staff has sufficiently scoped out the engineering material 21 solution for a referendum quality cost estimate for eliminating the backlog in ma ntenance 22 of legacy ponds, ditches, and canals and the installation of 21 named projects on the 23 bond referendum question: 24 25 WHEREAS. at the end of the ten-year period in 2032 eight percent of the City will 26 qualify for preferred FEMA flood insurance risk due to completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals, and ponds; 29 30 WHEREAS, at the ten-year build out, Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045: 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a growing economy will be sustained: and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress - by dollar amount spent and by milestone achieved - toward completion of 39 such projects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA, THAT: City of Virginia Beach Agenda Item 1 Page 6 City Council Resolution 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November To assist in the residents' deliberations, the City 48 Council makes the following commitments which wth the exception of #4, will be 49 delivered within three weeks if the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,)00 of general obligation debt, which will include the 54 following: 55 a. The authorized debt to be repaid by a real estate tax increase of 4.3 56 cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c. In furtherance of the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the debt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents. acceptance and 73 deliverable testing and certifications documentation. and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer, and the 75 Contractor's program manager and quality assurance officer and shale give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches canals, and ponds. 79 8D 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommend denial for any project or development that generates a ne: increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out,and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 88 4. The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, includinc using a single prime contractor, City of Virginia Beach Agenda Item 1 Page 7 City Council Resolution 91 watershed bundling, and project bundling The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance. 94 95 5. The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028. 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative: 102 103 1. The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches. and canals and sustaining the required maintenance cycles: 105 2. The City will continue the planned increases in the Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds, 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years, and the perils and risks associated with this timeline induce severe 111 weather events, increased flood insurance premiums, companies locating and 112 relocating elsewhere. potential reduction in the City's bond rating. and home 113 vaues adjusted to reflect the cost of flood insurance; 114 4 The work associated with the Phase 1 projects will increase over time as cost of 115 construction increases, and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will continue to happen during the longer forty-year delivery 118 schedule for the Phase 1 projects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council of the City of Virginia Beach, Virginia, on the aay of 2021 . APPROVED AS TO LEGAL SU;FICIENCY: CityPttocr y's Office CA 15526 R-3 September 1 2021 City of Virginia Beach Agenda Item 1 Page 8 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 1 City of Virginia Beach, a Resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address the citywide stormwater impacts for discretionary land use applications. RECOMMENDED FOR DENIAL—HEARD Madam Clerk: Thank you, Mr. Chair. Our first agenda item is agenda item number one, City of Virginia Beach, a resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address city-wide stormwater impacts for discretionary land use applications. David Weiner: Welcome. Ms. Bookholt: Thank you. Good afternoon, Commissioners. I'm Carrie Bookholt. I'm the Development Services Center Administrator, and I'm here to bring forward a proposed amendment to the Comprehensive Plan, which is necessary to fulfil the components of the recently passed City Council Resolution and Bond Referendum. On September 7th, City Council passed a Resolution that stated should the Bond Referendum pass, the Comprehensive Plan would be revised or amended within three weeks to include language that would essentially require projects that come before you for a discretionary request, not create an impact or increase demand in the stormwater system. Our staff report proposes the language that we would like to amend the Comprehensive Plan, and it states that based on the Resolution by City Council, all rezonings and conditional rezonings should demonstrate no impact on current or future in stormwater infrastructure, and must provide a stormwater analysis, demonstrating this has no impact as part of their Planning Commission application process. The amendment also removes any reference to the Integrated Site Design Guide which is a policy document that was not adopted by City Council and is not in place at this time. The Planning Department and Public Works Department have been hosting a series of storm water workshops with a focus group to include CVBIA, which was the former TBA group, consulting engineers, developers, and two City Council liaisons. And this amendment was discussed at length in those meetings, it was decided that the amendment would only apply to rezonings or conditional rezonings. The City Council staff liaisons were comfortable and staff was comfortable that should a proffer be volunteered for a conditional rezoning project, that a less intense storm water design, preliminary design, could be submitted through our office before receiving a positive recommendation. So with that, we had to act quite quickly. The resolution that was passed in September, only gave us three weeks to get this before you and to City Council, should the bond referendum pass and it did. So even with us being on the agenda for December 7th for City Council, we're a week behind, but we had to act quickly. We did propose, I do want to reiterate, we sent our proposed language to our stakeholder group, including CVBIA. We received one minor comment back. We amended the proposed language to include their comment. And then we received reassurance that they were on board with the proposed language that we presented in our staff report today.Any questions? 1 David Weiner: Mr. Redmond? Dave Redmond: Who gave you that reassurance? I have to tell you I've heard quite otherwise. Ms. Bookholt: So, Claudia Cotton is the representative that we've been communicating with, as the representative for CVBIA. Dave Redmond: Okay, well,just so you know, I got a telephone call right after our informal meeting saying, meant to call you earlier about this, but we were very uncomfortable with the speed at which this is moving and feel like this process has been somewhat disingenuous. There are folks who are part of that stakeholder group, that you describe, that don't feel that this has been entirely proper and that it is moving too fast and that they were surprised by the language that I think we were surprised by. So I don't mean to criticize you, but I think the suggestion that everything is copacetic with regard to, that the stakeholder group, which I don't know, other than the person who called me, I don't know anybody who was on it. Nobody from the Planning Commission, I understand, was on it. I think, I have been told something quite different than that and this very morning. So, that gives me great pause and I'm sure that City Council will be hearing comments to that effect. So, certainly is going to, well, we're going to get into this discussion here shortly, but I just wanted to put that on the record. It's not comfortable for me to do it, but that's what I'm hearing and people reaching out to me saying just that. Ms. Bookholt: Understood. Dave Redmond: Thank you, Mr. Chairman. David Weiner: Yes, ma'am? Madam Clerk: We have one speaker... David Weiner: Yes, ma'am. Okay. Anybody with the comments? Dee Oliver: No, I mean, other than, and I guess I can wait for close, but just to reiterate what I had stated earlier this morning,just so that we do have it on the record, so to speak. And again, appreciate all your time and effort presenting all of this and your work on it. But the stakeholder meetings that I think and correct me if I'm mistaken, that you'd said that were weekly for about a month, it's unfortunate that the Planning Commission had not been included in those for something that's getting ready to be put into the Comprehensive Plan, which is something that we haven't seen in three years. Not to mention that along with that, there's a Resolution that was put forth and I'm not quite sure, I haven't been briefed, or I don't know who on the Commission has in more, in-depth of where that resolution that came from one of our council members, I believe it was Mr. Moss. How that speaks to this. And are they still two separate or have they been in integrated because the wording in that was completely different than the wording in this. So, I stand along with Commissioner Redmond on that, that it gives me great pause because I have been in many other board meetings with the same stakeholders and those same people have not expressed thumbs up on this, by any stretch of imagination. So I 2 would like more time to be briefed on this, so that we have a better understanding of where we are. Because this is extremely important, as we all know going forward. Ms. Bookholt: And I should clarify that, when I say that we had consensus, it wasn't, as it relates to the Resolution. The Resolution with the language that was included was done at City Council level on September 7th. So the consensus that we achieved last week, via email, as we were passing the language back and forth was the language that's proposed for the Comprehensive Plan. So they're very, well maybe some folks that aren't on board with the Resolution language, but that has already been passed. Dee Oliver: Right. And so it's just a little not, I'd like to see it a little more straightforward. I'd like to see everything, basically, is when it comes down to it. But again, I appreciate all your effort and hard work. David Weiner: So I have a question. So the language in that we have here compared to the language that was in the Resolution, put that together for us? Ms. Bookholt: So the language in the Resolution was written a little bit looser. And so we met with the Council liaisons. We met with Councilman Moss to talk about what that would look like in practice. And in practice, we discussed applying a preliminary storm water analysis requirement to conditional rezonings, or rezonings only, instead of all discretionary applications, since it's those two types of applications that could change the land cover characteristics the most. And it was through those discussions as well, that they agreed that they would be open to a less intense preliminary analysis. And essentially just reiterating that we would not be creating any impact or any demand, that if the City is going to spend half a billion dollars on flood protection projects, that we don't want to rezone out that capacity of the system. David Weiner: And I got another question. Why did it have to be... Not putting you on the spot or anything, but why did it have to be three weeks? There was a reason why it had to be three weeks after the referendum question? Ms. Bookholt: That I do not know. That's how it was written in the City Council's Resolution. I'm not sure if the attorney has any other... Ms. Wilson: I have no insight. David Weiner: No. Okay. And I'm just curious... Ms. Bookholt: That's how it came down to us. David Weiner: As Mr. Redmond said earlier today, I mean, that's like three seconds or whatever, however you put it. It's crazy to me it's quick. Okay. All right. Just that's good. Yeah, we have one speaker. Michael A. Inman: I got plenty to say. 3 Madam Clerk: Eddie Bourdon David Weiner: Welcome, Mr. Bourdon. Eddie Bourdon: Thank you, Mr. Chairman. For the record, Eddie Bourdon, Virginia Beach attorney, land attorney, been practicing in Virginia Beach for 37 years. First of all, I was at the City Council meeting when this Resolution was adopted, but there was no opportunity for anybody to discuss. And frankly, couldn't be more ecstatic and proud of our City for having approved the referendum 70% plus. And I frankly don't think anybody at that point who cares about the future of the Virginia Beach was going to stand up and start asking questions about what they were doing. So, but this is a different circumstance. This is a deliberative body that is here for the purpose of the Comprehensive Plan. I didn't know anything about these meetings every Friday, either. I obviously know they didn't include anybody on the Planning Commission and, some of this, I'm not opposed to it, but I'm definitely concerned about, there hasn't been enough deliberation and enough input from people who might have a little bit of, and I'm not suggesting that Councilman Moss or Councilman Jones don't, but this has been half baked. The northern part of the City, which is what this applies to, is 95% developed. And there's hardly any zoning up there that's agriculture. And so the idea that we're going to have, well, and let me back up before I get into that, rezonings. Not conditional rezonings, rezonings. No one's done an analysis of the rezonings that have come forward in the last five or 10 years, because I can assure you that there have been almost none and those that have come, they're typically down zonings of already developed properties. So, but I don't understand why we put rezonings in there because if you're going to, to create, I think, Carrie used the word drastically, or even significantly increase impervious surface with a rezoning, I don't think there's been any of those. Now with a conditional rezoning, that's conceivable. Certainly is a case in the southern part of the city, middle part of the city. But I don't think there's been a lot of, I mean any analysis of what the impact of this, basically a moratorium on rezonings might be. And I certainly, I'm not opposed to the idea, although we have to do this anyway. I mean, the site plans got to be done anyway. So you're basically telling somebody who might have a very... And let me back up, Hackers today. And there's another one that recent, oh, Pembroke Mall. They don't have to worry about this because they're reducing their impervious surface by 10%. And that takes it out, you don't have to worry about that. If that came along today, I don't know that that's covered in here, maybe it is. I'm not sure that it is, but they don't have to comply because they're reducing by 10% their impervious surface. So, and you got all these other people who can add on to stuff that's already zoned and they have to do the same thing, go through of the site plan and still comply. So it's like, we're adding an extra layer of handcuffing or because you got to come in and if you want to rezone your property and you don't want to spend thousands of dollars before you can even get here, you have to say, well, we will meet the requirements. Well the word no, is important, no impact. Well, these models are not meant for going in the weeds to that point. And I went on today's agenda, it's taken us a year and a half. And I'll explain that when we get to Atlantic Development, we don't get any credit for saving 89 acres of tree forested land. No, no, at all. And we can't have one 100th of an inch, which isn't even measurable, leave the property. Okay. So no, and if there's not at least the tiniest amount of discretion on the part of our professional staff, we are basically saying we're not open for business and that's what I'm concerned about. And I think there's some ways that this can be, at least, come across as being less prohibitive and more balanced. 4 David Weiner: Does anybody have any questions for Mr. Bourdon? Any questions? Eddie Bourdon: Thank you. David Weiner: Thank you, sir. Appreciate it. Well, I guess we can just close this and get right into it with us. We'll close it and start comments. Who's going first? Mr. Inman. Michael Inman: Well, as I said, in the informal session, we are taking this on, with virtually no notice. This is the Comprehensive Plan amendment. This is a big deal, but we all know that. The intent of what is going on in this Comprehensive Plan amendment is good. I mean, we all are, we're very aware of the storm management issue. We all want City of Virginia Beach to be open for business. It's getting a reputation of not being open for business, part because of our storm water management implementation. So, it's really important to get this right. And here we've had no invitation to, as a body, to participate in all these deliberations that have taken place. No idea that they were going on, even through a public, we weren't advised that we could even go attend. A Resolution was passed in September by City Council to move forward with this Comprehensive Plan amendment, as I'm understanding it. But not until the referendum passed, if it passed, which thankfully it did. Okay. So then we got three weeks. Who thought of that? I don't know. I mean, it's in the operation of a municipality, the size of Virginia Beach. Making a storm water decision in three weeks seems preposterous to me. I know we're in a hurry. I know it's important. So, we didn't know about the Resolution. We got the language late last week in our package to study and without any real background and the intent is good, but the devil is in the details, we all know that. It's a legal document, it's a Comprehensive Plan. So I can't imagine how we could... I would not be able to vote in favor of it today. David Weiner: Mr. Redmond? Dave Redmond: Well, a little bit different from what Mike said. The thing that I struggle with here is I think you're exactly right. And I hate to have to say it, but this City is getting a reputation for not being open for a business, in a lot of different ways. And that I think is probably a conversation where you need to have it. I know we are having it at some levels, but we need to have a bigger one. And this is part of it. But the notion that there is a process for amending the Comprehensive Plan. Now I get that City Council calls the shots around here. No disputing that, right? This is their prerogative, I understand that. The City Council can certainly amend their three week deadline for figuring this out. As I said this morning in the informal session, we're not going to spend 568 million bucks in the next three weeks. All of these projects have an enormous amount of engineering to be done, before they get underway still. And so I just don't understand the rush involved in that. And just today, somebody who was supposedly involved in these discussions, they feel like it has been all together too rushed. So I'm not offended that the Planning Commission isn't involved in a panel or a discussion or something like that. I certainly think that probably would've been preferable, but I mean you don't want to include us. I'm not going to feel like I didn't get invited to prom or something, but I still think like Mike does, that this really could have been done a lot better. And if you've got them with a Comprehensive Plan, there's a process to do that, that's much more deliberative than this. This is the bums rush, trying to do something much more quickly than it needs to be done. And stuff doesn't get done right that way. And so that's my concern about it as well. So, I 5 think, I would, in Mike's camp as I often am, but I'm in Mike's camp, that I'm not comfortable supporting this today. If you only got two choices, yes and no. I'm a no, for those reasons. So it doesn't make sense, Ms. Wilson, and I respect her too. Ms. Wilson says it doesn't make sense to defer it, in which case we got one or two choices. And I'm just not able, frankly, with those concerns to be able to support it. Thank you. David Weiner: Mr. Graham? Whitney Graham: I agree with my fellow Planning Commissioners. I, too, will not support this. I just feel like it was too rushed. I hear all the time that from other developers that feel that City of Virginia Beach is difficult to do business in. The storm water models, it takes forever. You do model after model after model, it's very expensive. It's not just submitting a storm water model. There's back and forth, back and forth, back and forth. And it's expensive. And I'm concerned that it's going to really shut down any redevelopment in the city. I just don't think it was well thought out. And I feel like it's too rushed and I will not support this. David Weiner: Ms. Bradley? David Bradley: I got a question for Ms. Bookholt, if it's okay. David Weiner: Sure. She doesn't mind coming back up, do you? David Bradley: So just, obviously, 70 plus percent of the voters approved it. So, this is an important issue to our citizens. And I was talking to you a little bit after the informal. So, in the southern part of the city, this process already exists. In the northern part of the city, this is where this would be implemented. But as the previous speaker said, there's probably not much opportunity because it's already fully developed. And I guess, maybe my question is, when you get to site development review, is anything changing because of this? Because that's where I think the rubber really hits the road on implementation of these things. Ms. Bookholt: Right. The same type of analysis is still required at a site plan level. The type of analysis is not going to change. The only thing that would change is that for projects, if you came across a property where there was capacity in our existing storm water system, which is rare to find, in that case, you would not be able to increase the flooding levels. So, the same process is still going to exist. The only thing that would change is that you would have to hold to that same exact... David Bradley: Meaning, you have to be able to show that you have no impact on storm water for your individual... Ms. Bookholt: From your individual project. You haven't increased the demand leaving into our public system from your project. So that'll be required. Yes. David Bradley: Thank you. 6 David Weiner: Wait here. I don't think personally, we don't really have a... There's a little bit of an issue of how the process is, but I think more than anything, we're just trying to rush this through and we've never rushed anything through before on a Comprehensive Plan, because this is something we take our time and look at and vette and talk to people and things like that. But one question I wanted to ask you, last speaker said about the 10% pervious and they didn't have to worry... What do they... When it's 10%, they're taking away 10% of pervious parking, what does that do? Ms. Bookholt: So, that they can satisfy certain storm water requirements by reducing their impervious cover. And even if projects moving forward, if this were to, if the Comprehensive Plan is to be amended, if you reduce the impervious cover on your site, your analysis is much less complicated, and you can satisfy your storm water requirements by providing a reduction in impervious cover. David Weiner: Okay. So that didn't change at all? Ms. Bookholt: No. David Weiner: Okay. Just want to make sure. Ms. Bookholt: Yes. David Weiner: Any other questions for? Okay. Thank you, ma'am. Ms. Bookholt: Thank you. David Weiner: Any other questions or concerns or talk? So, I'm torn, I'm really upset of the fact that we're rushing this through, but the Ordinance already been passed by Council. It's some stuff we already do anyway. I don't think that's the issue. I just don't like the part that it's rushing through. I don't like that. And I think we need to sit back and look on it. So, I'm not going to support it either. So anybody wants to make a motion. Somebody? Michael Inman: I'll make a motion. David Weiner: Okay. Make a motion. Michael Inman: I make a motion that we turn down the Resolution to amend the Comprehensive Plan on item number one. David Weiner: Right. You have a motion. Have a second? Whitney Graham: I'll second. David Weiner: Right. We have a motion by Mr. Inman, a second by Mr. Graham. 7 Madam Clerk: Okay. The motion is to deny. Vote is open. By recorded vote of 11 in favor and zero against, agenda item number one has been denied, recommended for denial. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 8 S4 SYKES, POURDON, AL A I1RN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON.JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 MOLLY R. KISER December 1, 2021 KIRK B. LEVY MICHAEL J. LEVY' HOWARD R. SYKES. JR. DAVID M. ZOBEL Via Email and Hand Delivery 'Admitted in Virginia and Washington DC The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Appeal by Nimmo United Methodist Church of a denial of their request for a Certificate of Appropriateness concerning an addition to the Church ("Welcoming foyer/center") by the Virginia Beach Historical Review Board;City Council's December 7,2021 Agenda Dear Mayor Dyer,Vice Mayor Wilson and Honorable Members of City Council: On behalf of the Church Leadership Board and its Generations Committee,I write to advise and confirm that the above referenced Appeal which appears on your December 7, 2021 Public Hearing Agenda shall be withdrawn. I will be present at the meeting on other business before Council should there be any questions on this matter. With best regards, I am Very truly yours, R. Ed d Bourdon,Jr. REBjr/arhm cc: Generations Committee,Nimmo United Methodist Church Clay Dills,Dills Architects Gerrie K.West,Dills Architects Mark A.Reed,Historic Preservation Planner H:\AM\ -Mod of Conditions\Nimmo United Methodist Church\Dyer_Ltr 12-01-2021.docx c 0461 /r! 0!c �1 Z. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: NIMMO UNITED METHODIST CHURCH [Applicant & Property Owner] Certificate of Appropriateness (Appeal of Historical Review Board Decision) for the property located at 2040 Nimmo Church Lane (GPIN 2414054907). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 7, 2021 • Background: The Nimmo United Methodist Church (the Church) is located in the Nimmo Church Historic and Cultural District zoning overlay. The Church applied to the Historical Review Board (HRB) for a Certificate of Appropriateness (COA) to make several additions to the church building complex. The HRB issued a COA for the proposed administrative office, choir room and fellowship hall additions. The HRB denied the COA for the proposed welcome center addition. The Church is appealing the HRB decision to deny the COA for the welcome center. • Considerations: Section 1303 of the Zoning Ordinance directs that no building or structure shall be constructed or altered within a Historic and Cultural District and no required permit authorizing that action is to be issued unless the Historical Review Board has issued a Certificate of Appropriateness. It further directs that the HRB review board shall issue a Certificate of Appropriateness only if it finds the proposed building or structure is architecturally compatible with the historic landmarks, buildings or structures in the district. At a public hearing on September 15, 2021 , the HRB considered the application for a COA for a welcome center addition to the Nimmo Church building. By a unanimous vote the HRB denied the COA application for the welcome center on the following grounds: 1) The proposed addition's design and placement will disrupt the historical character of the Church; 2) The proposed placement of the proposed addition will obstruct visibility of the Church's 1890s steeple, which is a character defining feature of the historic building; 3) The proposed storefront glass system of the welcome center is inconsistent with the architectural style of the Church and the character of the Nimmo Church Historic and Cultural District. The applicant filed an appeal to the Planning Director within the required period and the Planning Director has scheduled the appeal on the City Council agenda. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Nimmo United Methodist Church Page 2 of 2 • Recommendation: On September 15, 2021, the Historical Review Board passed a motion to deny a Certificate of Appropriateness for construction of a welcome center addition in front of and attached to the Nimmo United Methodist Church. The HRB issued a denial of this request by a vote of 5 to 0. Staff recommends that City Council uphold the denial of this COA application. • Attachments: Staff Report and Disclosure Statements Section 1303 of the Zoning Ordinance Minutes of Historical Review Board Hearing Recommended Action: Staff recommends Denial. Historical Review Board recommends Denial. Submitting Department/Agency: Planning Department 0 City Manager:' Applicant & Property Owner: Nimmo United Methodist Church Agenda Item Historical Review Board Hearing September 15, 2021 21-8 �' Historical& Cultural District Nimmo Church City of Virginia Beach Request Certificate of Appropriateness Nimmo United Methodist Church Expansion Redesign of decorative elements on approved °Ti1 cap^ s� R20 _ _ additions and entire Welcome Center ; sera d �O�'� O A 1•8 �'%Pe . 01 134 Staff Recommendation R10 R1a 4,A Approval of redesign of decorative elements for pe"tmoc , ° approved additions; Denial of Welcome Center O1e��' j 01 00O. j Staff Planner it 02Illr Mark Reed as`'.,Pc-� R 10 ?��c Location 2040 Nimmo Church Lane R20 ` R20 GPIN R20 R20 R20 P1 AG2 24140549070000 .N, .� . pUn. ate: •..'..•,,. p �►v�•�1 ,, lam - `'. '' 4 1 is t' 2:4-4 .� .rl �aaJ r - P 40 .° 41 Nimmo United Methodist Church Agenda Item 21-8 Page 1 Background & Summary of Proposal • Nimmo United Methodist Church was founded in 1791 when Anne Nimmo deeded one acre of land for a religious structure.The Church is one-story made of wood frame weatherboard. A steeple was added on the front of the church in 1893 and several other additions were constructed between 1956 and 1990.The Church exemplifies a rural American church building in the early Republic architectural style. In 1980, Nimmo Church was established as a Historic and Cultural Overlay District. • The Historical Review Board (HRB) approved three proposed segments with conditions/requirements for the modifications and expansions to the existing Nimmo United Methodist Church on April 21, 2021. The approvals and conditions were: • Administrative Offices—approved as submitted • Choir Room—approved on condition of removal of the following architectural elements: brackets, cross. • Fellowship Hall—approved pending revision, resubmittal and approval of the design for the following elements: o Brackets—reduction of scale and ornateness o Columned Entrances (2)—reduction of scale and ornateness of portico and columns • The Historical Review Board deferred action on the proposed Welcome Center segment on April 21, 2021 and requested the applicant to work on a redesign of this addition and resubmittal for review. The redesign approach was recommended to include: o Revisiting options for placement alternatives to preserve the full view of the church's steeple feature o Developing a design for the Welcome Center addition that will be somewhat in a midpoint of the spectrum between the preliminary design developed in 2019 and the proposed design submitted in 2021. • For the Choir Room,the cross and brackets have been removed from the earlier proposed design per HRB request. • For the Fellowship Hall, the brackets have been redesigned to be less ornate and are reduced in scale. The portico and columns have been redesigned and are reduced in scale. The gabled portico has been redesigned with a flat roof supported by a pair of single round columns. • For the Welcome Center, despite the HRB recommendation in April, no redesign has been submitted and the applicant has resubmitted the design that was reviewed by the HRB in April 2021. Appropriateness of Design The removal of the brackets and cross from the Choir Room simplifies the design and differentiates this addition from the church and the earlier addition to which the Choir Room is proposed to be attached. This is an appropriate design change. The redesigned brackets for the Fellowship Hall are smaller in scale and less ornate than the previously proposed decorative brackets. They are readily differentiated from the brackets that appear on the historic Church.This is an appropriate design change. The redesigned portico and columns,with a flat roof and single support columns, also exhibits a reduction in scale from the previously submitted design. The removal of the coupled columns and the simplification of the portico shape make the redesign a less ornate option. The angularity of the building's many segments and the existence of one square roof support on the north side suggests that square columns would be a more appropriate design choice and would further the simplification of the treatment for these entrances. Nimmo United Methodist Church Agenda Item 21-8 Page 2 The Welcome Center has not been redesigned and it is Staff's view that the Welcome Center addition's design and placement disrupts the historical character of the Church.As proposed,the Welcome Center is appended to the west of the 1912 and 1989 additions, obstructing the openness and visibility of the steeple. Over the years,and since the 1890s, structural additions made on the Church have generally respected the steeple's historic significance by keeping it unobstructed and designing the new additions to have proper integration with the architecture.The steeple has remained the main focal point of the Church and Staff believes its significance should not be compromised. In addition, the proposed storefront glass system of the Welcome Center is inconsistent with the architectural style of the Church, and thereby inconsistent with the character of the Nimmo Church Historic and Cultural District. Staffs Evaluation & Recommendation In Staffs opinion,the proposed changes to the design elements for the Choir Room and the Fellowship Hall are consistent with the changes that the Historical Review Board requested at the April 21, 2021 meeting. Staff recommends the columns for the entrance portico be of a square design rather than the proposed round design to be consistent with the shape of an existing column in the building. In Staff's opinion, placement of the Welcome Center addition in front of the Church significantly diminishes the historic characteristics of the Church and the historic district.Specifically,Staff recommends the following considerations that support this position. • No addition should be placed in front of the historic iconic steeple,which has been a character-defining feature of the Church since the 1890s. • The proposed curvilinear glass-enclosed design of the Welcome Center,which could conceivably become an inappropriate focal point of the façade, is out of character with the district and the building.The proposed use of multiple columns and the reflective nature of the glass enclosure will create new dominant features that previously did not exist. • The combination of the existing wing to the north,the proposed expansion of the existing wing to the south and the proposed Welcome Center addition on the west facade will effectively surround the historic section of the Church,diminishing the iconic steeple's visibility and adversely impacting the character of the district. Staff recommends issuance of a Certificate of Appropriateness for the proposed additions referenced as Administrative Offices,Choir Room and Fellowship Hall,subject to the exhibits presented in this report, and with the condition that square columns are utilized in the north and south entrance porticos for the Fellowship Hall. Staff recommends denial of the Certificate of Appropriateness for the proposed Welcome Center addition as it will significantly change the aesthetic and appearance of the front façade of the Church, including diminishing visibility of the historic steeple,which would adversely impact the historic character of Nimmo Church and the historic district. Nimmo United Methodist Church Agenda Item 21-8 Page 3 Site Photos rg 1ii 1 w ij w -. �. fi 43 fit"'" °" R _.., - -4, , .. -10- - A. - Ili _ • .,-„, .. Fr .F a Nimmo United Methodist Church Agenda Item 21-8 Page 4 I+;•1a," F •''',, •ry / ." .r ,,.. - lni1 i�l , 1I1 �; i .. 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Fellowship Hall West n Entrance with Brackets 00 I-' e) (..0 00 x i! 4- II 41 III MIA Revised Submittal Fellowship Hall Brackets 1 Nimmo United Methodist Church Agenda Item 21-8 Page 20 t • 111 it III I • ;4,11 ill$� Revised Submittal Fellowship Hall Entrance Portico Nimmo United Methodist Church Agenda Item 21-8 Page 21 i 0 vs. - ,lain i '' : 111 1 11), -3i/11 -' ,. olt—d': . 111 C3K[ • 111111111 II, Il1I w, .,-;:.r 1 y. Revised Submittal Fellowship Hall North Portico Nimmo United Methodist Church Agenda Item 21-8 Page 22 .,,,1:.,--74-777' -'--„,,,,,,,,, v ..../.07fr Aigeo)rowilt miril J • s ••• ..„.... ,,. „,,,,,, ,I, POO ,...4..., „._ 1 • A. • ' 1# ' ' jita,..4 N. 1 Z i , .,, k , , .; i«. ', Wiz` Y r r'„„ ,, = "- s.,' 6 h .. �: '!k rI. 4u+�!": IA... t r ..� �.! .. ?`�'%. 1 _,c. <'t.tt -i �+'' +.+ 1. r @3 II .� , i 4 4 x der ..i'a. , '�•� - c t' 1� '. .� y i•,I - s ,. •�j] 4S't .- .d)"T` t ^.�` .'3-�, a arc•Vor Nit A k i ii 4; Revised Submittal Choir Room Nimmo United Methodist Church Agenda Item 21-8 Page 23 Proposed Materials DA Material I: 6"W x 6"D x 6"H -Corbel Basis of Design: Ekena Millwork Huntington Smooth Corbel White Finish i :l 1 ii; i Nimmo United Methodist Church Agenda Item 21-8 Page 24 wood window and patio door DESIGN GUIDE e INSULSHIELDe LOW E GLASS COLLECTION G R I L LES X Advanced LcwE tnwlaaino doubleoane dens arth amm • • ---._-Advilnap LaN1lestiow41nselikMldeYbl6Paaaaf6rWliger4 Choose the look of true divided light or grilles-between- Ntlara tun LOW E insul[Ingdablaoahe lass Web moon, the-glass that make leaning the glass easier �nDalense—LowE insulating double-pane glass aithargmr _ Weal insul[mgmaHaar*glans Nth argon a lulptml • - I -- -ADDI1 loNAL GLASS OPTIONS -.. Heneicanashiddaprodacts with impact-resistant glass Laminated tnomimpw-rnm tine r,tintedt,r a obscurer glass also available on salsa praluas STC-improved double-pane sound alas, / l°peened hig valetude Moahield Lowe Dilate aeltlb WO argon in rasa prodoat a AWabb on sed%d maynn only See your lad Pella AM apresenWeM awla111a rAeitlb With Lowe immaing pas Wye argon w sag praive& IN ERIORS ogee ortegla! Sc,.. W OOD TY YES Light Teehnoloyy- 7r:. I Mahogany,Douglas Fir,Pine,white Oak!Cherry',Red Oak•,Maple* • I • Grilles ,fg 7,I.1H'or 7/ErINTERIOR FINISHES Unfinished • • } i r I. X Rimed reads-toodm Men E 1-''' r. / Rraida shed stvn apdor Pins Ma bl a on s aApm bans For coon b/amaum en rood Me W tllaY condo W rleo Pella sib rap efeMeha <.--, ` ` `�• I XT-ERIORS `,� I EXTERIOR FINISHES • I.I; i t X Auminunnded aith EndureCladearotective finish • L Numinum-clad Stir Endure lad Plus.praectivefinish • Roomdde Renewable CAN, Aluminum C deec L Rimed,ready-to-finish(Mahogany oren.I • 2',1-1/4'.3/4' .s sr•i,. s I „-- f Unfinished Mtlppad • 3.r e i EXTERIOR TRIM XI EnduraClad factory-spilled trim L' LOW-MAINTENANCE ENDURACLAD EXTERIORS May standard colas - • Mile ay Psstex X - . . blunted unlimited rot Custom colorsW1. • . •FndurepkO llu b dot aaYb in al lawn.fee new burl pwafaM apbfartwe►ruaiealM Deosxr- Harvest Iritartorc cndad" HA ROW ARE Optimdlaala grille colas with maim HARDWARE STYLE COLLEC(IONS cola thamaldhes the EndaraClad° X Classic • - cola you choose Modern - • Rustic • - Essential • - HARDWARE FINISHES' ADDED PROTECTION — Champame.white.Bfoan Matte Black.Bright Bras Satin Nickel or Oil-Rubbed Bronze • Anti We Brass Distressed Bronze a Distressed Nld al • - Fa additional window IXII protection,our Window Pofi shed Chrome or Polished Nickel - - Opening Control Device(WO CD)is ataaiable with •narde.onfebh aelbHleyneyenbvnde. _-- optional factory application!Allowing the window to X ably open a Pew Inches,the WOCO Sits disaeetly on Integral Light Techndogyegrl es Weed roemsd.and Enduaaael or wood Detester Wes empire spacer • • the window and Is easyto operate boomed Aluminum grit les-bensen4he-glass Roarnslde removable allies NWd 41e Igh-tanaparency screen(windows only, • • InMew-flet screen eolsyaeeeaselt-dosing tetraa vendors screen(easement ndeva d sliding orsan)N • - Sall•Wdosingtcphungscreen don(sliding Palo doors oeld • - 'iWARNNO Weer rain*sop title orpet+rem eahg out or renowned door deep ayes a pee ansynanr open window or door i eraldsie or,eastern baps.For moremlonnai on on rood type ewlabildy contra your toed Pella sales reed sent arw I•I rut dfenrg I-I Pasha diming •End uaC IN Pius pies ea..Inks is not naleb with Si wind See your tool Because aere daps ea kingtofuther reeve cur products and derelap newmes,apedfcams may chagy Pena Ides representative for awlab lty without nada Mud pmdaas may any diyrdyBom ilueraaats ad dyosx see Ks.lour Fella,des +Onlya.altlle Wen meaning barmy and exterior colors sep esenutiw fa spedfc details and mtiona aetauble ',adorned plied WO CD may not.a available on di p roouas See your bar Pella saes represent...for eventide, Nimmo United Methodist Church Agenda Item 21-8 Page 25 Material Fl: Architectural Columns & Pilasters Basis of Design: HB&G PermaWrap PVC Square non-tapered columns & pilasters Location: New ramp & Welcome center addition Painted: Semi-gloss White IBEGIIIII Nimmo United Methodist Church Agenda Item 21-8 Page 26 Material F: Architectural Columns Basis of Design: Melton Classics Fiberglass columns Design##200CG Tuscan capital and base moulding& plinth, Plain, round and tapered shaft Location: Fellowship hall Painted:Semi-gloss White ileltonTM lassies - 4 mhip,..,..Hej } Nimmo United Methodist Church Agenda Item 21-8 Page 27 Disclosure Statement Disclosure Statement "k1I3 City nl t i'v" Dexh ,4111••••••,.w„ Planning&Community- • Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Nimmo United Methodist Church Does the applicant have a representative? I Yes 0 No • f yes,list the name of the representative R.Edward Bourdon,Ir.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Trustees:Donna Franken;Steven Ranz;Richard Britton;Charles Mason;Gene Estes;Randolph Frey;Robert Longworth • If yes,list the businesses that have a parent-subsidiary or affiliated business entity relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "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. 1 ) Nimmo United Methodist Church Agenda Item 21-8 Page 28 Disclosure Statement Disclosure Statement Vi3 City ofr'i e Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?d Yes I No • If yes,what is the name of the offidal or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property ❑Yes No • If yea,identify the financial institutions providing the service. 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property Yes I No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes _' No • If yes,identify the firm and individual providing the service. Jennifer W.Smith,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the firm and individual providing the service. Clay Dills,Dills Architects;Katie Paulson,Commonwealth Preservation Group S. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers. zl Nimmo United Methodist Church Agenda Item 21-8 Page 29 Disclosure Statement Disclosure Statement 01* Cep,M t•vin.Bad? Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑ No • If yes,identify the firm and individual providing the service. WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Nimmo United Methodist hurch By 4 .t�t YY. ytrij�C L''U� Applicant Signature 6ei,te A • es-CGs, , I Ave— Print Name and Title 3-24 2021 3-� Date Is the applicant also the owner of the subject property? ®Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of ate Signature Print No - _ 31 Nimmo United Methodist Church Agenda Item 21-8 Page 30 11/16/21. 5:42 PM Virginia Beach.VA Code of Ordinances Sec. 1303. - Certificates of appropriateness. (a) Requirements of certificates of appropriateness. Except as provided in subsection (e), no building or structure, including signs, within a Historic and Cultural District shall be constructed, altered, repaired, relocated or demolished, and no building or other required permit authorizing such action, shall be issued unless and until the historical review board has issued a certificate of appropriateness therefor. A certificate of appropriateness shall certify only that the requirements of this section have been met, and shall not excuse compliance with any other applicable requirements of law. (b) Materials to be submitted for review. (1) Required plans, etc. The historical review board may require submission of any or all of the following materials as part of an application: architectural plans, site plans, landscaping plans, proposed signs with appropriate details as to location, size, number and character, proposed exterior lighting arrangements, elevation drawings, indications as to construction materials, design of doors and windows, ornamentation and colors, photographs or perspective drawings indicating visual relationship to adjoining structures and spaces and such other exhibits and reports as are reasonably necessary in making its determination to grant or deny the certificate of appropriateness. (2) Application review. Applications for a certificate of appropriateness shall be submitted to the planning director, who shall determine whether the proposed building or structure conforms to the requirements of the city zoning ordinance. No application shall be deemed complete unless it contains sufficient information for the planning director to make such determination. (c) Grounds for issuance and denial of certificate of appropriateness. (1) Issuance. The historical review board shall issue a certificate of appropriateness only if it finds that the proposed building or structure is architecturally compatible with the historic landmarks, buildings or structures in the district. In issuing its approval, the board may attach such reasonable conditions, consistent with applicable city ordinances and development standards, as are necessary or appropriate to ensure that the proposed building or structure meets the requirements of this section. The board shall consider, in determining whether a proposed building or structure is architecturally compatible with the historic landmarks, buildings and structures in the district, the following factors: A. The conformity with the design, development standards, and criteria established for the district pursuant to section 1301; B. The appropriateness of the general overall design of the proposed building or structure in relation to the architecture of other building or structures within the historic-cultural overlay zoning district; 1/3 11/16/21,5:42 PM Virginia Beach,VA Code of Ordinances C. The extent to which the proposed building or structure will be harmonious or incompatible with the other buildings or structures in the district; D. The degree to which the proposed building or structure advances the Comprehensive Plan's goals; E. The impact of the proposed building or structure upon the historic context; F. The degree to which the proposed building or structure conforms to applicable provisions of the Secretary of the Interior's Standards for Rehabilitation, as set forth in Title 36. section 67.7 of the Code of Federal Regulations, or any successor regulations, not inconsistent with the provisions of this section. (2) Denial;appeals.The historic review board shall state the reasons for denial in writing.The applicant for the certificate of appropriateness may appeal a denial of such certificate to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty(30) days after the date of the denial. (3) Notice of appeal. Upon receipt of such letter,the planning director shall schedule the appeal to be heard by the city council at a regular meeting and shall give written notice of the time, date and place of the city council meeting to the applicant, or his agent, and any persons who submitted to the planning director written objections to the application, no less than twenty- one (21)days before the meeting.The applicant shall post a sign provided by the planning director on the property,which sign shall state the time and date of the city council meeting and the nature of the appeal, at least fifteen (15)days prior to the city council meeting at which the matter is scheduled. Such sign shall be posted in accordance with the provisions of section 108(a)of the city zoning ordinance. No further public notice shall be required. (4) Appeals to the circuit court.The applicant, and any person appearing before the city council in opposition to the application, may appeal the decision of the city council to the circuit court by filing a petition at law, setting forth the alleged illegality of the action of the city council, provided the petition is filed within thirty(30)days after the date of the city council's decision. The filing of the petition shall stay the decision of the city council pending the outcome of the appeal to the court, unless the decision denies the right to raze or demolish a historic landmark, building or structure.The court may reverse or modify the decision of the city council, in whole or in part, if it finds upon review that such decision is contrary to law or is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the governing body. (5) Time limits.The board shall approve or deny a certificate of appropriateness within ninety (90)days from the filing of a completed application.The failure to approve or deny an application shall constitute a denial thereof. (d) Demolition. In the event the historical review board determines that the preservation of a building or structure is found to be physically or economically unfeasible, it shall issue the 2/3 11/16/21,5:42 PM Virginia Beach,VA Code of Ordinances certificate of appropriateness allowing the demolition of such building or structure. If the preservation of such building or structure is physically and economically feasible, the board shall deny the application. In the event the application is denied,the applicant may: (i)appeal such decision to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty(30)days after the date of the denial; or(ii)elect to proceed pursuant to the provisions of section 1304.The procedure for appeals to the city council shall be in accordance with subdivision (3). The city council may, after consultation with the board, affirm or deny the board's decision. In the event the city council affirms the decision of the board,the applicant shall have the right to appeal such decision to the circuit court in accordance with the procedures set forth in subdivision (4). (e) Exceptions.The following actions shall not require the issuance of a certificate of appropriateness: (1) Repainting resulting in the same or like color, provided that the initial painting of masonry surfaces shall require a certificate of appropriateness; (2) The addition or deletion of windows, storm windows, doors, and storm doors that match existing windows, storm windows, doors, storm doors and broken window panes, and the addition or removal of air conditioning units; (3) The addition or deletion of television or radio antennas, skylights, solar collectors,wind energy conversion systems or satellite dishes if such structures are not visible from a public street or right-of-way; (4) The repair of existing materials and features with equivalent material through stabilization, consolidation and conservation of historic materials, features and workmanship when the physical condition of a building or structure, or portion thereof, has deteriorated; (5) Planting of grass, trees and shrubs, but not including landscape treatment that substantially alters the contour of a landmark site; (6) Permitted outside storage in any residential, office, business, or industrial district,which is not visible from a public street; and (7) Any interior changes. (Ord. No. 3319, 12-3-13) 3/3 CITY OF VIRGINIA BEACH HISTORICAL REVIEW BOARD MEETING MINUTES Approved October 20, 2021 WEDNESDAY, September 15, 2021 4:00 P.M. PLANNING AND COMMUNITY DEVELOPMENT, 2875 Sabre Street, Suite 500 Members Present Damian Seitz,Chair; Dick Poole,Vice Chair, Steve McNaughton,Mary Ann Schmidt,Jim Vachon Members Absent Josh Canada,Brian Facemire,Lynn Hightower City Staff Present Mark Reed, Carolyn Smith Applicants/Applicant Representatives Attending Dylan Diefenbach, Marie Diaz, Willie Cooper, Genie West, Rick Savino Public Attending Gene Estes The meeting was called to order at 4:00 p.m. by the chair, Damian Seitz. He asked the members to review the minutes from the August 18, 2021 meeting. Steve McNaughton made a motion to approve the minutes as presented. The motion was seconded by Dick Poole. The minutes were approved unanimously. Certificate of Appropriateness Application#21-17—McDonald's—Installation of Gateway Arm Sign and Speaker Canopy; 2432 Princess Anne Road, GPIN 14948390740000— Courthouse Historic and Cultural District Mark Reed introduced the application for Installation of a gateway arm sign and speaker canopy for the McDonald's Restaurant located at 2432 Princess Anne Road. Mr. Reed noted that this property had recently received a Certificate of Appropriateness (COA) for exterior renovations. He said the applicant has brought this forward separately because they did not want it to potentially delay the other exterior work. Mr. Reed noted that the original proffers for the business do not allow for use of a speaker system for ordering. He said the applicant will be requesting a modification of the proffers. Mr. Reed showed slides to illustrate what the gateway arm and speaker canopy look like and where they are proposed to be located on the McDonald's site. He said that staff is recommending approval. 1 Dick Poole asked what the other options are for the applicant. Dylan Diefenbach, representing the applicant, responded that it would probably be just a speaker box. Damian Seitz asked how important the light in the canopy is for them. Mr. Diefenbach responded that the canopy, with its light, guides the customer to the speaker and the canopy provides protection from rain. Mr. Poole made a motion to deny the application because there are other options for a freestanding speaker that does not require the gateway arm or a canopy. Jim Vachon seconded the motion. Mr. Seitz opened the floor for discussion. Steve McNaughton said that the canopy could potentially provide some protection from the elements and it helps to define the speaker. Mr. Seitz asked staff if there are other instances of gateway arms and speakers in use in the district. Mr. Reed said the Wendy's has a stand-alone speaker. He said the Historical Review Board(HRB)had recently approved a gateway arm and speaker canopy for the car wash in the Nimmo Church district. Mr. Seitz said he thought that is a different situation. He asked about the recent Biggby Coffee COA in the Courthouse district. Mr. Reed said that the HRB had approved a speaker that was part of the menu board for that business. There was no additional discussion. Mr. Seitz called for the vote. The application was denied by a vote of 3 to 2 with Mr. McNaughton and Mary Ann Schmidt voting to approve. Mr. Reed told Mr. Diefenbach that they have 30 days to appeal the decision. Mr. Reed said he would send information on the appeal process to Mr. Diefenbach. Certificate of Appropriateness Application#21-18—Rex G. Diaz—Installation of fence; 2693 Annapolis Circle, GPIN 14947065570000—Courthouse Historic and Cultural District Mr. Reed introduced the application for installation of a fence at a residence located at 2693 Annapolis Circle in the Courthouse district. He noted that the house was constructed in 2017 and the applicant is looking to enclose their backyard with a black metal fence. He said that there is an existing metal fence along the rear property line and the proposed fence is similar in design. Mr. Reed said the application materials note the existing fence as 4 feet tall and the proposed fence as 4 1/2 feet tall. He said the applicant has said they will match the height of the existing fence. Mr. Reed noted that the HRB recently approved a COA for a whole house generator to be installed on the side of the house at the subject property. He showed a slide illustrating that the generator has been installed. He said that the application has the fence located behind the generator,but the applicant has agreed to install the fence on the street side of the generator to provide some screening from the street view. Mr. Reed said that staff recommends approval with those conditions as discussed. Marie Diaz was on hand as the applicant. She said that they intended to match the height of the existing fence. She also said that they would place the fence on the street side of the generator. 2 Mary Ann Schmidt made a motion to approve the application on condition that the fence match the height of the existing fence at the back of the property and that the fence be placed between the generator and the street. Jim Vachon seconded the motion. There was no discussion. The motion was approved by a vote of 5 to 0. Certificate of Appropriateness Application#21-15—Building 2—City of Virginia Beach— Redesign of east side basement entrance; 2405 Courthouse Drive, GP1N 149948149580000 —Courthouse Historic and Cultural District Mr. Reed introduced the revised design of an exterior entrance for Building 2 that had been denied by the HRB at their June 23 meeting. He noted that this is a proposed basement level entrance on the east façade that originally had a proposed portico with columns. The HRB had requested that the design be simplified and made less ornate. Mr. Reed showed slides of the redesigned doorway that no longer had the portico and columns and consisted of an entablature supported by two fluted pilasters. Mr. Reed noted that during their redesign the applicant determined that access to this entrance would be better served with a concrete ramp and brick retaining/containment walls. This structure was also illustrated in the slides of the redesigned doorway. Mr. Reed said that staff is recommending approval of the redesigned basement level doorway and the proposed access ramp. Prior to the applicant addressing the HRB, Damian Seitz had the following statement read into the minutes: Damian Seitz read the following statement into the meeting minutes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the Historical Review Board's discussion and vote on the application of the City of Virginia Beach for a certificate of appropriateness for Municipal Center Complex Building 2, which is located at 2405 Courthouse Drive, Virginia Beach, VA 23456. 2. Clark Nexsen is one of the applicant's service providers with respect to this application. 3. I am an employee of Clark Nexsen, and its address is 4525 Main Street, Suite 1400, Virginia Beach, Virginia 23462. 4. I will abstain from participating in the Board's consideration of this application. 3 I respectfully request that you record this declaration in the official records of the Historical Review Board. Thank you for your assistance in this matter. Willie Cooper of Clark Nexsen was in attendance representing the applicant. He said that because of problems posed by the berm and the steps they decided that a ramp was the better solution. Dick Poole asked if there are better options for the storm drain that is shown adjacent to the doorway entrance pad. Mr. Cooper said they could make it less visible. Mr. Vachon noted that it is a lot of ramp. He asked if there we any others like it at the Municipal Center. Mr. Reed said that there are several access ramps there,but not like this one. He said most tend to sweep in an arc to get to the top of a set of steps or have a long, fairly straight ascent. He said he didn't know of one that utilizes switchbacks like this one. Dick Poole made a motion to approve the doorway design and the access ramp. Mary Ann Schmidt seconded the motion. There was no additional discussion. The motion passed on a vote of 4 to 0 with Mr. Seitz abstaining. Certificate of Appropriateness Application#21-8—Nimmo Church—Redesign of architectural features, entrance and Welcome Center; 2040 Nimmo Church Lane, GPIN 24140549070000—Nimmo Church Historic and Cultural District Mr. Reed introduced the revised design of various elements of proposed additions that had initially been presented to the HRB on April 21, 2021. He noted that there were no requested changes to the Administrative Offices addition; the removal of decorative brackets and a cross from the Choir Room addition had been requested; the reduction of scale and ornateness for the decorative brackets and the portico and columns of two doorways for the Fellowship Hall had been requested; and,the HRB had requested redesign of the Welcome Center. Mr. Reed showed slides of the revised designs for the Choir Room and Fellowship Hall. He said the brackets had been made less ornate on the Fellowship Hall and had been removed from the Choir Room. He noted the changes to the portico and columns for the Fellowship Hall entrances with the double columns being changed to single columns and the gabled porticos now have a flat roof Mr. Reed said the Welcome Center had not been redesigned and had been resubmitted as it appeared in April. Mr. Reed said staff is recommending approval of the Administrative Office, Choir Room and Fellowship Hall as resubmitted with the condition that the doorway columns be square instead of round. Mr. Reed said that staff is recommending denial of the Welcome Center because it is out of character for the district and it encroaches on and blocks the steeple,which is the character- defining feature for the church building. 4 Mr. Reed said a member of the public has signed up to speak on this item. He asked Gene Estes to please come forward. Mr. Estes said that they had resubmitted the design because the HRB had previously recommended increasing the visibility of the steeple through the addition and they cannot increase it any more than this design does. He noted that since 1791 the church has made incremental additions to the building. He said they added the steeple in the 1890s and the side buildings in the 1950s. He said these changes were made to address changes in demographics for the church. Mr. Estes said the additions from around 1990 to either side of the steeple have become bottlenecks and the Welcome Center is designed to solve that problem. He said it needs to be there to eliminate the problems they have with ingress and egress for the sanctuary. Mary Ann Schmidt read the following statement into the minutes: I am a member of Nimmo Church,which is the applicant for the subject property. The City Attorney's Office advised me that I do not have a conflict under the State and Local Government Conflict of Interests Act with respect to this vote,but I would nevertheless like to voluntarily disclose I am a member of the church. Ms. Schmidt asked Mr. Estes how many members of the church had seen the proposed design. Mr. Estes said many of them have. Ms. Schmidt said it hung on the wall in the church during the COVID restrictions and was the previous design. Mr. Reed clarified that there was a different design that was discussed at a site visit,but that design was never submitted to the HRB for official review. Damian Seitz asked Mr. Reed to bring up an image of the previous design,which he did. Mr. Seitz stated that the site visit was done to see if there were any potential obstacles to the project and the several proposed additions. He said the proposed location of the Welcome Center had been the primary concern. Mr. Seitz said that the Welcome Center with all windows as designed in the current submittal will still be difficult to see through very well. He said there should be a way to achieve the desired outcome without placement in this location. Mr. Reed asked if the HRB could move forward with the recommended approval of the COA for the Administrative Office, Choir Room and Fellowship Hall before discussing the Welcome Center further. Damian asked Genie West, an architect with Dills Architects representing the applicant,whether historically the square or round columns would be more appropriate. Ms. West said that because of the many eras that are represented either would be appropriate. She said they would be willing to change to square if their client agrees. Steve McNaughton made a motion to issue a COA for the three additions—Administrative Office, Choir Room and Fellowship Hall—as submitted with the condition that the columns for the porticos of the Fellowship Hall be square. Dick Poole seconded the motion. There was no additional discussion. The motion passed with a vote of 5 to 0. 5 Mr. Seitz initiated a discussion about the mid-point option for the Welcome Center that had been requested last April. The general consensus was that creating more visibility of the steeple with the addition in front of it was not a likely outcome. Mr. Poole suggested that a better option would be to move the Welcome Center to the Administrative Office location and place the Administrative Office to the left of the steeple. There was no additional discussion Steve McNaughton made a motion to deny the Welcome Center addition application as submitted. Dick Poole seconded the motion. Mr. Seitz asked if there was any discussion. There was none. The motion passed by a vote of 5 to 0 and the COA for the Welcome Center design was denied. Mr. Reed told Ms. West that they will have 30 days to appeal the decision. Mr. Reed said he would send information on the appeal process to Ms. West. Certificate of Appropriateness Application #19-6—Courthouse Commons/Nimmo Parkway Townhouses-RAW Enterprises— Substitution of approved materials; 2601 Princess Anne Road, GPIN 1494648180—Courthouse Historic and Cultural District Mr. Reed introduced the request for a substitution of approved materials for the Courthouse Commons/Nimmo Parkway Townhouse project. He noted that this project had received a COA in 2019 and had taken a while to get to construction. Now that they are ready, they are having supply issues with some of the approved materials. Mr. Reed noted that they had first approached him about the windows. They can get the same windows,but they will be 4.25 inches wider than what was presented and approved in 2019. Mr. Reed said he had checked with the architects on the HRB, and they individually said that the change would not substantially change the aesthetic for the buildings. Mr. Reed said that the builder later informed him that they could not get the approved brick. Mr. Reed said he thought that these changes should come to the HRB for official review and approval of an addendum to the COA. Mr. Reed showed the brick samples. The proposed new brick is manufactured by General Shale and has the Jefferson Wade Tudor as the primary brick and the Old English Tudor as the accent brick. Jim Vachon made a motion to approve the wider windows and General Shale brick selections as presented. Dick Poole seconded the motion. There was no discussion. The motion was approved 5 to 0. Mr. Reed said the City Manager has asked staff to show all boards and commissions a video about the Flood Protection Program and the upcoming related bond referendum. Mr. Reed showed the video. 6 Staff Update Mr. Reed then provided updates from staff. He said we received a deadline extension for the Design Guidelines project. The new deadline is November 30. He said the fmal draft should be available soon and he will get that out to HRB members as soon as he has it. He said the consultant will provide a presentation to the HRB at their October meeting Mr. Reed said that the Historic Preservation Strategic Plan has been on the back burner while the consultant has focused on completing the Design Guidelines. We are now waiting on a revised draft and we are expecting completion by the end of October. Old Business/New Business The Royal Farms project proposed for the Nimmo Church District was brought up. Mr. Reed said that it is on City Council's agenda on Tuesday, September 21. He said that a letter went to them from the HRB. He also noted that the Historic Preservation Commission sent a letter to the Mayor and City Council recommending against the rezoning. There being no additional business,the meeting was adjourned at 5:40 p.m. 7 L. APPOINTMENTS 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION CMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CITIZENS OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** .********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e8234fbcbd583 8017b49296212add 162f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 7, 2021. F._... CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 1 1%16./2021 PAGE: I B E AGENDA R H ITEM t$ SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A D N C O M O O L O C N Y L ONOUWS T HCEEME S S EOE I II R Y li S c I R N I. CITY COUNCIL and SCHOOL BOARD JOINT SESSION A. FIVE YEAR FORECAST Kevin C'hatellier. Director of Budget &Management Services II. CITY MANAGER'S BRIEFINGS A. FY2021-22 INTERIM FINANCIAL UPDATE RESCHEDULED to NOVEMBER 23,2021 B. DISPARITY STUDY UPDATE(SWaM) Lavera Tolentino, Finance Ill-VII CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y A-F F MINUTES INFORMAL and FORMAL SESSIONS APPROVED 10-0 A Y I I I Y Y Y Y Y Y November 09,2021 G. MAYOR'S PRESENTATION VB GOLD MEDAL FINALIST AWARD Darrell C'rittendon,Norfolk P&R Director and Member of the American Academy for Park and Recreation Administration(AAPRA) H. PUBLIC HEARINGS I LEASE OF CITY PROPERTY 1 SPEAKER 186+,i-acres of City-Owned farm land on Indian River Road and North Landing Road to Land of Promise Farms Partnership 2. Appropriation of S567,492,850 for Flood 2 SPEAKERS Mitigation Projects Authorized by Referendum J.l Ordinance to AUTHORIZE the issuance of ADOPTED,BY 10-0 AY Y III IVY II General Obligation Public Improvement CONSENT Bonds in the maximum amount of S567.500.000 re Twenty-One Flood Mitigation Projects Approved by Referendum .1.2. Ordinance to APPROPRIATE S567,492.850 ADOPTED,BY 10-0 AY I Y Y Y I MY Y Y for Comprehensive Flood Mitigation Projects CONSENT 1 3. Ordinance to AMEND Section 32.5 of the City ADOPTED,BY 10-0 A Y I Y Y Y I I Y I Y Code to Freeze the Equivalent Residential Unit CONSENT (ERU)fee until 2028 1.4. Resolution to ESTABLISH a financial plan for ADOPTED,BY 10-0 A Y Y Y Y I I Y Y V Y the S567,500.000 of General Obligation Bonds CONSENT Approved by Referendum for Comprehensive Flood Mitigation CITY'OF I'RGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11'16/202I PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A D N C O M O O L O C N Y L ONOUWS T H C EEME S S F OE I HEYBS S F R N N 1.5 Resolution to ESTABLISH a Citizen Oversight ADOPTED,BY 10-0 AY Y Y Y Y Y Y Y Y Y Board for Bonds Approved for Flood Mitigation CONSENT 16. Resolution REGARDING the Acquisition ADOPTED,BY 10-0 AY Y YYY Y Y Y Y Y Strategy for Projects Approved by Bond CONSENT Referendum J.7. Ordinance to AMEND the City Code by adding ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y Article IV to Chapter 27 re establish an Independent Citizen Review Board and to DIRECT actions in furtherance thereof (Requested by the City Council) J.R. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease Extension to Land of CONSENT Promise Farms Partnership for one(I)year for City-Owned farm land located on Indian River Road and North Landing Road 1.9. Resolution to DECLARE November 15 — ADOPTED,BY 10.) A Y Y Y Y Y Y Y Y Y Y December 15, 2021. as Buy Local Month CONSENT (Requested by Council Member Wooten) 1.10 Resolution to APPROVE the Execution of the ADOPTED 9-1 A Y Y Y Y Y N Y Y Y Y First Amendment to the Dome Site Development Agreement and ESTABLISH Capital Project#100606."Atlantic Park Offsite Infrastructure", and APPROPRIATE S17.729,147 from General Fund Balance re offsite infrastructure J.l 1 Resolution to APPROVE the City's ADOPTED,BY 9-0 A Y Y YYY A Y Y Y Y Participation in the proposed settlement of CONSENT B Opioid-Related Claims S T A N E D 1.12 Ordinance to EXTEND the date for satisfying ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y \' the conditions re various rights-of-way CONSENT adjacent to an assemblage of Dome Site property at: a. Portion of the South Side of 20"'Street between Pacific&Arctic Avenues b. Portion of the South Side of 20'Street between Arctic&Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19'"&20`"Streets d. I9w Street between Pacific&Arctic Avenues c. All alleys within the block surrounded by Arctic &Baltic Avenues and 19'&20'°Streets 1.13. Ordinance to APPROPRIATE $4,090 to the ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y FY2021-22 Emergency Medical Services(EMS) CONSENT Operating Budget re reimburse auction proceeds to the Sandbridge Volunteer Rescue Squad,Inc. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTION'S DATE: 11/16/2021 PAGF: 3 B F AGENDA R H ITEM U SUBJECT MOTION VOTE L B H 0 W W U R E L 1 R T I O C A DNCOMOOL O C N Y L ONOUWS T HCEEME S S EOF 1 II R YBS S ER N N J.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 AY Y Y Y Y Y Y Y Y Y SI.5- Million from the Virginia Department of CONSENT Transportation(VDOT)State of Good Repair Primary Extension Program to Capital Project 14100401"Street Reconstruction"re road paving projects 1.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y from the Federal Emergency Management CONSENT Agency (FEMA) to the FY2021-22 Fire Department Operating Budget for the mobilization and cost related for Virginia Task Force 2 Urban Search and Rescue Team: a. S47,918 re protective apparel b. 564,788.15 re Tropical C'vclone Henri c. S814,071.20 re Tropical Cyclone Ida J 16. Ordinance to APPROPRIATE S54,366,605 of ADOPTED 9-0 A A Y Y Y Y Y Y Y Y Y American Rescue Plan Act Comnavirus State and Local Fiscal Recovery Funds re further community support and assistance K. APPOINTMENTS RESCHEDULED BYCONS E NSUS BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL. MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREAJINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE Appointed: 10-0 AY Y Y Y Y Y Y Y Y Y Linwood Branch No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 1 1 11 6/202 1 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE I B H 0 W H U R E I 1 R T I O C A DNC O M O • L 0 C N Y L O N O CI S T TIC EEME S S EOE I II R Y B S S E N N' ATLANTIC PARK COMMUNITY Appointed: 10-0 AY Y Y Y Y Y Y Y Y Y DEVELOPMENT AUTHORITY Linwood Branch I Year Term 1 1'16'2021 12/31.2022 BAYFRONT ADVISORY COMMISSION Appointed: 10-0 AY Y YYY Y Y Y Y Y Linwood Branch- Representing Ex- Officio Lynnhaven District 5 No Term BOARD OF ZONING APPEALS Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Harry Purkev 5 Year Term 1,1,2022- 12/31.2026 CHESAPEAKE BAY PRESERVATION Reappointed: 10-0 AY Y Y Y Y Y Y Y Y Y AREA BOARD Al Wallace 3 Year Term 1 1/2022 1231'2024 COMMUNITY SERVICES BOARD Reappointed: 10-(I AY Y Y Y Y Y Y Y Y Y Gayle Colson Carrollyn Cox Patricia Pointer 3 Year Term 1/1/2022- 12/31/2024 GREEN RIBBON COMMITTEE Reappointed: 10-0 AY Y Y Y Y Y YYYY Brian Large- Representing Engineer 3 Year Term 1'12022- 12/3I2024 Reappointed: William Almond- Representing Landscape Architect Jason Barney- Representing Environmental Consultant Robert Bourdon- Representing Attorney Karen Forget- Representing Environmental Consultant Chris Freeman- Representing Env imn mental Consultant 3 Year 7 am 11/12021 - 10/31/2024 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: I I/16/2021 PAGE: 5 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W H U R E L J R T I O C A D N C O M O O I. 0 C N Y L ONOUWS T HCEEMES S EOF I II R Y B S S f , R N N HAMPTON ROADS TRANSPORTATION Appointed: 10-0 AY Y Y Y Y Y Y Y Y Y PLANNING ORGANIZATION N.D."Rocky" Holcomb- Alternate No Term HISTORIC PRESERVATION COMMISSION Reappointed: 10-0 AY Y Y Y Y Y Y Y Y Y Timothy Oksman Katherine Paulson Sharon Prescot James B.Wood 3 Year Term I/12022- 12/31.2024 OCEANA LAND USE CONFORMITY Appointed: 10-0 AY Y Y Y Y Y Y Y Y Y COMMITTEE Taylor Adams Representing Deputy City Manager of Economic Vitality No Trim PROCESS IMPROVEMENT STEERING Appointed: 10.0 A Y Y Y Y Y Y Y Y Y Y COMMITTEE William Almond I 1/162021 - No Term PUBLIC LIBRARY BOARD Appointed: 10-0 AY Y YYY Y Y Y Y Y Elif Erdogan Representing Student Member Unexpired Term thru 8,311023 CITY COUNCIL LIAISON Appointed: 10-0 AY Y Y Y Y Y Y Y Y Y PROCESS IMPROVEMENT STEERING Linwood Branch COMMITTEE RESORT ADVISORY COMMISSION Linwood Branch LM%N ADJOURNMENT 7:52 PM