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HomeMy WebLinkAbout4-5-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 041A.13t4c MAYOR ROBERT M. "BOBBY"DYER,At Large 41- $!L VICE MAYOR ROSEMARY WILSON,At Large MICHAEL F.BERLUCCHI,Rose Hall-District 3 LINWOOD O.BRANCH,Lynnhaven-District 5 j BARBARA M.HENLEY,Princess Anne-District 7 _ s N.D. "ROCKY"HOLCOMB,Kempsville-District 2 = ' -- ��_ LOUIS R.JONES,Bayside-District 4 `+, : JOHND.MOSS,At Large °j OUR woo"' AARON R.ROUSE,At Large GUYK TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CJTYAUDJTOR-L)WD ON S.REMIAS April 5,2022 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. PARKING PROGRAM Kathy Warren, Deputy Director—Economic Development (Requested by Council Member Branch) B. GLOBALINX 1:30 PM Kathy Warren, Deputy Director—Economic Development (Requested by Mayor Dyer) C. FY 2022-23 RESOURCE MANAGEMENT PLAN (BUDGET) 1. COMMONWEALTH'S ATTORNEY 2:00 PM Colin Stolle, Commonwealth's Attorney 2. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES 2:15 PM Jada Lee, Director 3. EMERGENCY MEDICAL SERVICES 2:30 PM Chief Edward Brazle 4. FIRE DEPARTMENT 2:45 PM Chief David Hutcheson 5. POLICE DEPARTMENT 3:00 PM Chief Paul Neudigate 6. SHERIFF AND CORRECTIONS 3:30 PM Sheriff Kenneth Stolle 7. JUVENILE AND DOMESTIC RELATIONS COURT 3:45 PM Honorable Philip C. Hollowell, Chief Judge D. FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) 1. INFORMATION TECHNOLOGY 4:00 PM Kevin Fairley, Information Services Administrator II. CITY COUNCIL LIAISON REPORTS 4:15 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM IV. CITY COUNCIL AGENDA REVIEW 4:45 PM V. INFORMAL SESSION -City Council Chamber- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION 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 March 15, 2022 2. SPECIAL SESSION March 22, 2022 3. SPECIAL SESSION March 28, 2022 G. PUBLIC COMMENT 1. LITTLE ISLAND PARK FISHING RESTRICTIONS 2. REVISED CITY COUNCIL SPEAKER POLICY (Requested by City Council) H. PUBLIC HEARINGS 1. LEASES OF CITY PROPERTY 3rd Street and Atlantic Avenue Intersection of 2nd Street and Atlantic Avenue 2. SALE OF EXCESS CITY PROPERTY 108 Lavergne Lane and 108 & 112 Air Station Drive I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section: 2-20 re Regular City Council Meetings (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Branch, Henley, Holcomb, Jones, Moss, Rouse, and Tower) 2. Ordinances to APPROVE and ADOPT a City Council: a. Policy re Council Member communications to all City Employees (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Branch, Henley, Holcomb, Jones, Moss, Rouse, and Tower) b. Revised Policy re Council Member sponsored forums and events (Requested by Council Member Berlucchi) 3. Ordinance to AMEND the Ordinance creating the Atlantic Park Community Development Authority(Adopted September 7, 2021) 4. Ordinances to AUTHORIZE the City Manager to enter into a lease of City-owned property re use of premises: a. Four (4) months for the Summer of 2022 and for each of the next four (4) summers with Dolphin Run Condominium Association, Inc. at 3rd Street and Atlantic Avenue b. One (1) year with four (4) one (1) year renewal options with C.B.M. Co. (t/a Schooner Inn) at 2nd Street and Atlantic Avenue 5. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads 6. Ordinance to EXTEND the date for satisfying the conditions re closing an unimproved portion of Singleton Way (formerly Princess Anne Road), South Witchduck Road (formerly Kempsville Road) and Princess Anne Road (relocated) adjacent to the North, East and Southeast sides of the parcel 7. Ordinances to AUTHORIZE temporary encroachments into a portion of City-owned: a. Property known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River located at the rear of 2601 Sandy Valley Road re construct and maintain a wood pier addition over an existing pier,maintain an existing boat lift and floating pier and gangway DISTRICT 8 (formerly District 6-Beach) b. Property known as Lake Rudee and an existing five feet (5') drainage easement, located at the rear of 6 Caribbean Avenue re construct and maintain a side-mounted boat lift and six feet (6') PVC fence and maintain an existing arbor and four feet (4') metal fence DISTRICT 5 (formerly District 6-Beach) c. Right-of way known as the twenty feet (20') Alley between 18th Street and 19th Street, located at the rear of 410 and 412 19th Street re maintain concrete pavement, curbing, gutter and wood fence DISTRICT 6 (formerly District 6-Beach) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority to fund historical and cultural content with the Virginia African American Cultural Center;ACCEPT and APPROPRIATE$1-Million donation from the Virginia Tourism Authority to the FY 2021-22 Operating Budget and EXECUTE a Memorandum of Understanding (MOU) with the Virginia African American Cultural Center, Inc.re expenditure of funding from the Virginia Tourism Authority 9. Ordinance to APPROPRIATE $2.3-Million to the FY 2021-22 Water and Sewer Capital Improvement Program(CIP)re Capital Projects#100186"First Colonial Road/Virginia Beach Intersection Improvements — Sewer" and #10085 "First Colonial Road / Virginia Beach Boulevard Intersection Improvements—Water" 10. Ordinances to ACCEPT and APPROPRIATE: a. $37,174 from the Virginia Department of Social Services and to the FY 2021-22 Human Services Operating Budget re enhance and improve the Adult Protective Services Program including the response to the COVID-19 pandemic b. $16,435 from the Virginia Department of Social Services and to the FY 2021-22 Human Services Operating Budget re promoting Safe and Stable Families Program c. $145,000 from the Virginia Department of Emergency Management via the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) re replacement of outdated or obsolete items for Police Special Operations Unit K. PLANNING 1. BAKER ROAD PROPERTIES, LLC for a Conditional Change of Zoning from I-1 Light Industrial District to Conditional A-36 Apartment District re construction of 524 dwelling units at a density of 35.67 units per acre at 1276 Baker Road DISTRICT 4 (formerly District 4 — Bayside) RECOMMENDATION: APPROVAL 2. NORTH INDEPENDENCE STORAGE, LLC / WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9 (formerly District 4 —Bayside) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO APRIL 19,2022 3. GEORGI STOYANOV for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 115 DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL STAFF REQUESTS DEFERRAL 4. JESSE RYAN for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit C DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the City Zoning Ordinance (CZO)to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the City Zoning Ordinance(CZO) to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts(Sponsored by Vice Mayor Wilson) RECOMMENDATION: APPROVAL L. APPOINTMENTS 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD 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 3854303 ************************* 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=ee67a2f497eeaaf43d1051 de9f064cccd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 5, 2022. I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. PARKING PROGRAM Kathy Warren, Deputy Director—Economic Development (Requested by Council Member Branch) B. GLOBALINX 1:30 PM Kathy Warren, Deputy Director—Economic Development (Requested by Mayor Dyer) C. FY 2022-23 RESOURCE MANAGEMENT PLAN (BUDGET) 1. COMMONWEALTH'S ATTORNEY 2:00 PM Colin Stolle, Commonwealth's Attorney 2. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES 2:15 PM Jada Lee, Director 3. EMERGENCY MEDICAL SERVICES 2:30 PM Chief Edward Brazle 4. FIRE DEPARTMENT 2:45 PM Chief David Hutcheson 5. POLICE DEPARTMENT 3:00 PM Chief Paul Neudigate 6. SHERIFF AND CORRECTIONS 3:30 PM Sheriff Kenneth Stolle 7. JUVENILE AND DOMESTIC RELATIONS COURT 3:45 PM Honorable Philip C. Hollowell, Chief Judge D. FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) 1. INFORMATION TECHNOLOGY 4:00 PM Kevin Fairley, Information Services Administrator II. CITY COUNCIL LIAISON REPORTS 4:15 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM IV. CITY COUNCIL AGENDA REVIEW 4:45 PM V. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION 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 March 15, 2022 2. SPECIAL SESSION March 22, 2022 3. SPECIAL SESSION March 28, 2022 1 1 G. PUBLIC COMMENT 1. LITTLE ISLAND PARK FISHING RESTRICTIONS 2. REVISED CITY COUNCIL SPEAKER POLICY (Requested by City Council) 1 iu(- Sj �J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend City Code Section 6-30 to Prohibit Fishing on the Beach During the Resort Season at Little Island Park PUBLIC COMMENT: April 5, 2022 MEETING DATE: April 19, 2022 • Background: The City of Virginia Beach Parks and Recreation Department operates a public beach at the Little Island Park. City Code § 6-30 prohibits fishing during certain hours on the sandy beaches at the Oceanfront between 42nd Street to Rudee Inlet during the resort season when the beach is crowded with residents and visitors. However, that prohibition does not apply to the beach at Little Island Park. Therefore, Parks and Recreation and lifeguards do not have the authority or ability to mitigate safety concerns that are created when people surf fish in the same areas as individuals are swimming and surfing. • Considerations: To provide a safe environment for individuals to enjoy the beach and ocean during the resort season, Parks and Recreation recommends that the prohibition that applies to the Oceanfront be extended to Little Island Park. This ordinance does so. A public briefing was provided to the City Council on this item on March 15, 2022. City Council received public comment during its April 5, 2022 meeting. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the Ordinance • Attachment: Ordinance Recommended Action: Approve Submitting Department/Agency: Parks and Recreation City Manager: gill- 1 AN ORDINANCE TO AMEND SECTION 6-30 • 2 OF THE CITY CODE PERTAINING TO 3 FISHING FROM SAND BEACHES 4 5 SECTIONS AMENDED: § 6-30 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 6-30 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 6-30. Fishing from sand beaches. 13 It shall be unlawful to fish from the sand beaches of the city from 42nd Street to 14 Rudee Inlet and at Little Island Park from the northern property line bordering the 15 Sanctuary Condominiums southward to 1400 feet from the southern property line 16 bordering the Back Bay Wildlife Refuge during_the resort season between the hours of 17 10:00 a.m. and 4:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends and 18 holidays . Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -7</- V:/;--- - - J ., .,,_1.-4 Parks and Recreatio i - City ggey's Office APPROV AS TO CONTENT: i /Th 6,,....;___ i',,,1 1 4A.,.A 0.1.., Police Department f CA 15660 R-3 February 8, 2022 stih1�� [674 ,_„,c C!! a---:_.- b f CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Approving and Adopting a Revised Policy Pertaining to Speakers at City Council Meetings PUBLIC COMMENT: April 5, 2022 MEETING DATE: April 19, 2022 • Background: In 2003, City Council adopted a policy entitled, "Time Limits for Speakers at City Council Meetings" (the "Speaker Policy"). Initially, the Speaker Policy permitted public comment only on items included in Council's agenda. A year later, the City Council amended the policy to allow public comment on items that are not on Council's agenda. Public comment on non-agenda items is allowed at the end of the first formal session of each month. The current policy provides that no more than three speakers may speak on the same non-agenda topic. The City Council discussed possible amendments to the Speaker Policy at its spring retreat. One item that the City Council believes can be streamlined is the consent agenda. Any item with multiple speakers is pulled from the consent agenda. The proposed change to the consent agenda is to allow a speaker three minutes to address individual items on the consent agenda and a cumulative time limit for a speaker to address all items on the consent agenda of six minutes. • Considerations: This proposed revision implements the cumulative time limit for a speaker addressing multiple items on the consent agenda. Additionally, this revision addresses two items that are current practice of the City Council. First, speakers for legally required public hearings have three minutes to speak. Second, the three-person- per-topic limit for non-agenda public comment is removed. • Public Information: This item will be advertised in the same manner as other agenda items. To solicit input from the residents, public comment will be received during the April 5, 2022 formal session. • Attachments: Ordinance, Revised Policy. REQUESTED BY THE CITY COUNCIL REQUESTED BY CITY COUNCIL 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY PERTAINING 3 TO SPEAKERS AT CITY COUNCIL 4 MEETINGS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby approves and adopts the revised policy entitled "Time 10 Limits for Speakers at City Council Meetings,"dated April 19, 2022, which policy has been 11 exhibited to the City Council, and a true copy of which is on file in the City Clerk's Office. 12 13 Adopted by the City Council of Virginia Beach, Virginia on this day of 14 , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15537 R-2 March 23, 2022 t�(Ai. 11\ = -- '2 w' ti_• i 1 �oe+S �� 3N~ �o-,ou. City C Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions:September 14,2004 Page 1 of 3 March 27,2007 February 12,2008 March 24,2009 April 19,2022 1.0 Purpose and Need The purpose of this policy is to provide reasonable,workable time limits for speakers at City Council meetings. The need for such a policy was determined by the City Council at its retreat on February 18, 2003. The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the City Council of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner. This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use plan approvals, code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code. (b) The applicant, or representative of the applicant (generally, an attorney, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant(as, for example, when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak, only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2)Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c)All other persons speaking in support of the application shall be allowed three minutes. (d) Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before governmental bodies in a representative capacity, such Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27,2007 February 12,2008 March 24,2009 April 19,2022 representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments. (1)Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their presentation does not exceed ten minutes. (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2 Non-planning, Legally Required Public Hearings Each speaker at a legally required, non-planning public hearing shall be allowed three minutes to address the subject of the public hearing. 2.3 Consent Agenda The purpose of the consent agenda is to provide a method for the expeditious handling of items, which do not require discussion during the formal session. Any member of the City Council may request an item be pulled from the consent agenda, and items will be pulled from the consent agenda if more than one speaker signs up to speak on the item. A speaker will be allotted three minutes to address any single item on the consent agenda. Any person speaking to multiple items on the consent agenda shall have no more than six minutes irrespective of the number of items on which the person desires to speak. 2 2.4 Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes. 2,3 2.5 Comment on Non-Agenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non- televised public comments on non-agenda items. (b) Each speaker, whether or not in a representative capacity, shall be allowed three (3) minutes. (d) If more than three(3)speakers request an opportunity to speak on the same non agenda topic, the City Clerk shall deny the request and advise those persons of the limits contained in this policy. The City Clerk shall also advise such persons that comments may be submitted at writing at any time for distribution to City Council and that citizens are welcome to contact the City Clerk's Office to register in advance to speak at the following month's meeting. Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27,2007 February 12,2008 March 24,2009 April 19,2022 3.0 Timekeeping; Written Material (a)The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker. (b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so. 4.0 Modification of Time Limits (a)The presiding officer, with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting. The inadvertent failure to do so shall not, however, disqualify any person from speaking. 6.0 Public Notice of Policy In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting. H. PUBLIC HEARINGS 1. LEASES OF CITY PROPERTY 3rd Street and Atlantic Avenue Intersection of 2nd Street and Atlantic Avenue 2. SALE OF EXCESS CITY PROPERTY 108 Lavergne Lane and 108 & 112 Air Station Drive r : y, ~ Z) 4 :"�s rk ..4ao ah�F,D Lw PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday.April 5, 2022, at 6:00 p.m. in the Council Chamber, City Hall - Bldg. 1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property: 1) Approximately 0.09 acres of land located at aa Street and Atlantic Avenue (GPIN: 2427-32-0138). 2) Approximately 15,000 sq.ft. (0.34 acre)of land located at the intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31- 3918). . If you are physically disabled or visually ' impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is(757)385-5659. 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: I laps://vbgov.webex.com/v Logo v/ onstage/g.Dhp?MTI D=ee67a2f49 7eeeef4 d, 51de9f064cccd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 5, 2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,March 27,2022 SQs'zss �: y� 4 d v. PUBUC HEARING TO CONSIDER SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and sale of City-owned properties. Tuesday,April 5,2022 at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center,Virginia Beach, Virginia. The properties to be sold are located at 108 Lavergne Lane (GPIN: 2407-64-9438), 108 Air Station Drive (GPIN: 2407-54-7530) and 112 Air Station Drive(GPIN:2407-54-7527).The purpose of this hearing will be to obtain public input to determine whether the properties should be declared"Excess of the City's Needs"and sold. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S f' OFFICE at 385-4303;Hearing Impaired, call 1-800-828-1120 (Virginia Relay - Telephone Device for the Deaf). i? Any questions concerning this matter should be directed to the Office of Real Estate, Building #23, at the Virginia Beach Municipal Center.The Real Estate Office telephone number is(757)385- 4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at httos://vbkov.webex.com/vbeov/ onstage/e.oh o?M T I D=ee6 7 a 2f49 7 eea af43d 1051 de9f 064cccd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 5. 2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,March 27,2022 L 1 eau B+i..�cy 'off �9t O v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 108 Lavergne Lane (GPIN: 2407-64-9438), 108 Air Station Drive (GPIN: 2407-54-7530) and 112 Air Station Drive (GPIN: 2407-54-7527) to be in excess of the City's needs and authorizing the City Manager to sell the properties to the adjoining property owners PUBLIC HEARING DATE: April 5, 2022 MEETING DATE: April 19, 2022 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 108 Lavergne Lane on August 22, 2014, for $157,000; 108 Air Station Drive on February 1, 2013, for $155,000; and 112 Air Station Drive on October 26, 2012, for $150,000 (collectively, the "Properties"). At the time of acquisition, the Properties were improved with residential dwellings that have since been demolished. Kevin McKeon owns and resides in 112 Lavergne Lane. He proposes to purchase the City-owned parcel located at 108 Lavergne Lane (8,982 SF) for $8,982 ($1/SF). Janice Hicks owns and resides in 1861 Ego Drive. She proposes to purchase the City-owned parcels located at 108 Air Station Drive and 112 Air Station Drive (collectively, 15,536 SF) for $15,536 ($1/SF). The City will resubdivide the Properties to incorporate each lot with the respective purchaser's lot and eliminate interior lot lines. • Considerations: The Properties will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Properties and determined that they should be sold to the adjoining property owners. These sales would enhance the surrounding neighborhood and reduce residential density. Four dwelling units will be permanently removed. The adjacent owners' offers of $1/square foot are in conformance with previous sales of excess City property in the APZ-1 area that were not building sites. The City has received a deposit from each purchaser in the amount of $2,500. The remaining purchase price will be paid at settlement by the respective purchasers. If the City retains the Properties, the City must pay to maintain the lots, an estimated annual cost of $1,890 ($630/lot). • Public Information: Advertisement of the public hearing as required by Section 15.2-1800 Code of Virginia and public notice via the normal City Council agenda process. • Alternatives: Retain ownership of the Properties. • Recommendations: Approval. • Revenue restrictions: The City funded the acquisition of the Properties through a grant partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $24,518 will be received, and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project #PG100282. (formerly CIP 9-059), and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth of Virginia's portion in accordance with the grant agreement. • Attachments: Ordinance, Exhibit A, Summary of Terms, Location Maps and Disclosure Statements Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works City Manager: (AO 1 AN ORDINANCE DECLARING THE 2 PROPERTIES LOCATED AT 108 LAVERGNE 3 LANE (GPIN: 2407-64-9438), 108 AIR 4 STATION DRIVE (GPIN: 2407-54-7530) AND 5 112 AIR STATION DRIVE (GPIN: 2407-54- 6 7527) TO BE IN EXCESS OF THE CITY'S 7 NEEDS AND AUTHORIZING THE CITY 8 MANAGER TO SELL THE PROPERTIES TO 9 ADJOINING PROPERTY OWNERS 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land located at 108 Lavergne Lane, 108 Air Station Drive, and 112 13 Air Station Drive (collectively, the "Properties") more particularly described on Exhibit 14 "A" attached hereto and made a part hereof; 15 16 WHEREAS, the City acquired the Properties pursuant to the APZ-1 17 Acquisition Program; 18 19 WHEREAS, the City funded the acquisition of the Properties through a 20 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 21 contributing fifty percent (50%)of the funds; 22 23 WHEREAS, the Properties are in the midst of other residences and at the 24 time of acquisition were improved with either single-family or duplex homes; 25 26 WHEREAS, adjoining property owners have requested to purchase the 27 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 28 29 WHEREAS, adjoining property owners desire to purchase the Properties in 30 accordance with the Summary of Terms attached hereto as Exhibit"B" and made a part 31 hereof; 32 33 WHEREAS, the APZ-1 Disposition Committee has recommended that City 34 Council declare the Properties to be in excess of the City's needs and sell the 35 Properties to adjoining property owners; and 36 37 WHEREAS, the City Council is of the opinion that the Properties are in 38 excess of the needs of the City of Virginia Beach. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the Properties located at 108 Lavergne Lane, 108 Air Station Drive, 44 and 112 Air Station Drive are hereby declared to be in excess of the needs of the City 45 of Virginia Beach and that the City Manager is hereby authorized to execute any 46 documents necessary to convey the Properties to adjoining property owners in 47 accordance with the Summary of Terms attached hereto as Exhibit "B" and such other 48 terms, conditions or modifications as may be acceptable to the City Manager and in a 49 form deemed satisfactory by the City Attorney. 50 51 Further, that revenue from the sale of the Properties in the amount of 52 $24,518 shall be received, and fifty percent (50%) of this amount shall be deposited for 53 appropriation in future Capital Improvement Program capital budgets in Capital 54 Improvement Project PG#100282 (formerly CIP 9-059), Oceana Interfacility Traffic 55 Area Conformity & Acquisition II, and fifty percent (50%) shall be deposited for future 56 payment by the City Manager to refund the Commonwealth of Virginia's portion in 57 accordance with the grant agreement. 58 59 This Ordinance shall be effective from the date of its adoption. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 62 day of , 2022. CA 15433 R-1 03/01/2022 APPROVED A TO CONTENT APPROVED AS TO CONTENT bl Work Real Estate Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City rn s Offi EXHIBIT "A" GPIN: 2407-64-9438 (108 Lavergne Lane) ALL THAT certain lot, piece, or parcel of land, together with the appurtenances thereunto belonging, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as the western 120 feet of Lot 17, as shown on that certain plat of "WEST OCEANA GARDENS, PRINCESS ANNE CO., VA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 83. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach, a municipal corporation, by deed dated August 14, 2014, from Shirley A. Dannenberg, Trustee under the Barbara A. Brinson Living Trust Dated June 19, 2009, recorded in the aforesaid Clerk's Office as Instrument Number 20140822000788940 and by Deed of Correction dated October 14, 2014 and recorded as Instrument Number 20141016000984720. GPIN: 2407-54-7530 (108 Air Station Drive) ALL THAT certain lot, piece, or parcel of land together with the appurtenances thereunto belonging, lying, and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Lot 38", as shown on that certain plat entitled, "PLAT OF OCEANA VILLAGE PRINCESS ANNE CO, VA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Michael J. Cuffee, dated January 28, 2013, and recorded in the aforesaid Clerk's Office as Instrument Number 20130201000131130. 1 GPIN 2407-54-7527 (112 Air Station Drive) ALL THAT certain lot, piece, or parcel of land together with the appurtenances thereunto belonging, lying, and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Lot 60", as shown on that certain plat entitled, "PLAT OF OCEANA VILLAGE PRINCESS ANNE CO, VA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Ronnie Sidwell by deed dated October 17, 2012, and recorded in the aforesaid Clerk's Office as Instrument Number 20121026001245510. 2 EXHIBIT "B" SUMMARY OF TERMS FOR SALE OF THREE CITY-OWNED PROPERTIES 1) Property Located at 108 Lavergne Lane Seller: City of Virginia Beach Buyers: Kevin McKeon Property: 8,982 square feet of property generally known as 108 Lavergne Lane (GPIN: 2407-64-9438) Legal Description: See Exhibit "A" to Ordinance Sale Price: $8,982 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyer's adjacent property at Seller's expense to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before April 30, 2025. 2) and 3) Property Located at 108 Air Station Drive and 112 Air Station Drive Seller: City of Virginia Beach Buyers: Janice M. Hicks Property: 7,763 square feet of property generally known as 108 Air Station Drive (GPIN: 2407-54-7530) and 7,773 square feet of property generally known as 112 Air Station Drive (GPIN: 2407-54-7527) Legal Description: See Exhibit "A" to Ordinance Sale Price: $15,536 1 CONDITIONS OF SALE: • Properties are purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Properties for accessory structures, or Buyer may otherwise utilize the Properties for construction in conjunction with her adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Properties with the Buyer's adjacent property at Seller's expense to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Sale is contingent on Buyer purchasing both 108 and 112 Air Station Drive. • Closing shall be on or before April 30, 2025. 2 EGOo - W _�ji— F ________) s cn y A ilitimik,4, N ,y fc3 I� 00 I�, Z IIINAIIIIIIII ,�„ 112 Lavergne Lane m 2407-64-9515 JIM, I iiiii),. , ti; 2407-64-9438 PI or 0 t - '., f3 . . '11111k % , , t'. ' It 1111111 , ,„ . , ,, 1 c,. ,, i •,.., „,,,.... .., 4,-, .„.,, / .*, ,,,,,,,,,„, , -.. ,:,,,,,,,,,,,. , . , ,, ,,, ,,,,, ,,,,,, , -,,, ,,,,,It • , - , ,,,,,,,,‘ ,.. „ „ w4,r , - .vt , ,, __ .. 4r.t,...,,,z; . ,., ,, „ . ,, ,„ „. . .. - , ., , ,,,, Az ,...,_ ,, „,,,. x : � . SOUT• HERNr.BLVD '" `9a ikt., • Legend .. •4 n �• . City Properties T LOCATION MAP 2407-64-9438 EXCESS CITY PROPERTY mu � � 108 LAVERGN E LANE Note: This property is located GPIN 2407-64-9438 in AICUZ Noise Zone >_75 dB Feet and AICUZ Crash Zone APZ1 0 50 100 200 r1�...........J I..,,mA/lc-- =.... C..........•a C....:......�,.�...... 47/A7/7A71 �.\ �:__�_�wr•�r+ r:�__f w�rw�r�w MIA .... r N 9 .4 4' ' / t 4 -"4"• • 0 f w �' s: $ ,., "Lb2407-54-7604 EGO 1111 p.,., . p. 2407-54-7527 -tea 2407-54-7530 look C •-. te STREAMLINE 0,3 \ 1,11,`; - ,, ill. Ai*. .. , : w. LOCATION MAP Legend EXCESS CITY PROPERTY City Properties GPIN's 2407-54-7527 & 2407-54-7530 2407-54-7604 TO BE PURCHASED BY � JANICE HICKS 2407-54-7530 GPIN 2407-54-7604 2407-54-7527 _ . ...�.._ �_ _ ...w -_,-..__..__.. Feet Aim ; ;. :� - 0 50 100 200 ..........__J L..r11/1//C...... /C...... C`.....:....1 C^......:......In......... in/4 A/7An4 .. \P1...:....1..1 AM, C:1..-\Al,r/.11,A AAA r1,,,,..F1__.___a_A n A n, rA >r n A__'_ Disclosure Statement e► nniiltg&Community . . dopmen 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 ;ev,n frI4.—zvn Does the applicant have a representative? ❑Yes RSJ No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes a 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 relationshi.tntt exists one corporation directly or indirectly owns shares possessing more than 50 percent of the•oting power ::nothm coy r .•on." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,,.th_r than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other b'..slness entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i P a g e r Disclosure Statement �` Planning& Commit _o- sit ...0,00,_ „0000,,,,00.--- 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? CE'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? p ❑Yes 'No • If yes,identify the company and individual providing the service. ralmilmi 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 IR No Or • If yes,identify the firm and individual providing the service. p lb 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 (gr No • If yes,identify the firm and individual providing the service. 5 Is there any other pending or proposed purchaser of the subject property?0 Yes 'No • If yes,identify the purchaser and purchaser's service providers. On SeT-v y a .tee',+ 21Page x .:� ate_ _ - Awl" Disclosure StatementAB _. - - ` Planning&Community - _ Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ,S 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?El Yes Er No • If yes,identify the firm and Individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes cirNo • 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. j// ypti(ant Signature i4-t✓1n /h-14Ges - -Print Name and Title 7-3 FES 2-c/ Date Is the applicant also the owner of the subject property? ❑Yes It 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 ❑ NoData ' Signature ` chimps as of Print Na"Z -------- - Revised 11 09.2020 3IPage Disclosure StatementNB 977'":. ,..=� . Manning &Cornett t4' ,. - � De ek pment \00•00- 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 Q t`-.e 14..-icLS Does the applicant have a representative? ❑ Yes P‘ • if yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-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. 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 Oil)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. Revised 11.09.2020 Wage Disclosure Statement mazw "Jo . � Pia i.nitig Cottu11tn n ity Ic reiopment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what Is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? fes 0 No • If yes,identify the financial institutions providing the service. ?.e no,/ 11(1 n C- 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes �No • If yes,Identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes P4o • 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?0 Yes ,o • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes p/No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement Plan Milli% 81 Comm nits{ -:: .... 1) ve1opment 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 N 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 j26Io • 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?El Yes [ iVo • if yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant ' Print Name and Title Date is the applicant also the owner of the subject property? ❑ Yes 2 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 D No cheeps as of Date Slpeture LPrint Name Revised 11.09.2020 3 I P a g e I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section: 2-20 re Regular City Council Meetings (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Branch, Henley, Holcomb, Jones, Moss, Rouse, and Tower) 2. Ordinances to APPROVE and ADOPT a City Council: a. Policy re Council Member communications to all City Employees (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Branch, Henley, Holcomb, Jones, Moss, Rouse, and Tower) b. Revised Policy re Council Member sponsored forums and events (Requested by Council Member Berlucchi) 3. Ordinance to AMEND the Ordinance creating the Atlantic Park Community Development Authority(Adopted September 7, 2021) 4. Ordinances to AUTHORIZE the City Manager to enter into a lease of City-owned property re use of premises: a. Four (4) months for the Summer of 2022 and for each of the next four (4) summers with Dolphin Run Condominium Association, Inc. at 3rd Street and Atlantic Avenue b. One (1) year with four (4) one (1) year renewal options with C.B.M. Co. (t/a Schooner Inn) at 2nd Street and Atlantic Avenue 5. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads 6. Ordinance to EXTEND the date for satisfying the conditions re closing an unimproved portion of Singleton Way (formerly Princess Anne Road), South Witchduck Road (formerly Kempsville Road) and Princess Anne Road (relocated) adjacent to the North, East and Southeast sides of the parcel 7. Ordinances to AUTHORIZE temporary encroachments into a portion of City-owned: a. Property known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River located at the rear of 2601 Sandy Valley Road re construct and maintain a wood pier addition over an existing pier,maintain an existing boat lift and floating pier and gangway DISTRICT 8 (formerly District 6-Beach) b. Property known as Lake Rudee and an existing five feet (5') drainage easement, located at the rear of 6 Caribbean Avenue re construct and maintain a side-mounted boat lift and six feet (6') PVC fence and maintain an existing arbor and four feet (4') metal fence DISTRICT 5 (formerly District 6-Beach) c. Right-of way known as the twenty feet (20') Alley between 18th Street and 19th Street, located at the rear of 410 and 412 19th Street re maintain concrete pavement, curbing, gutter and wood fence DISTRICT 6 (formerly District 6-Beach) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority to fund historical and cultural content with the Virginia African American Cultural Center;ACCEPT and APPROPRIATE$1-Million donation from the Virginia Tourism Authority to the FY 2021-22 Operating Budget and EXECUTE a Memorandum of Understanding (MOU) with the Virginia African American Cultural Center,Inc.re expenditure of funding from the Virginia Tourism Authority 9. Ordinance to APPROPRIATE $2.3-Million to the FY 2021-22 Water and Sewer Capital Improvement Program(CIP)re Capital Projects#100186"First Colonial Road/Virginia Beach Intersection Improvements — Sewer" and #10085 "First Colonial Road / Virginia Beach Boulevard Intersection Improvements—Water" 10. Ordinances to ACCEPT and APPROPRIATE: a. $37,174 from the Virginia Department of Social Services and to the FY 2021-22 Human Services Operating Budget re enhance and improve the Adult Protective Services Program including the response to the COVID-19 pandemic b. $16,435 from the Virginia Department of Social Services and to the FY 2021-22 Human Services Operating Budget re promoting Safe and Stable Families Program c. $145,000 from the Virginia Department of Emergency Management via the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) re replacement of outdated or obsolete items for Police Special Operations Unit lam•.`.;:. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-20 of the City Code Regarding Regular City Council Meetings MEETING DATE: April 5, 2022 • Background: The City Charter provides that the City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the City Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. • Considerations: The attached ordinance amends Section 2-20 of the City Code to add regular meetings on the second and fourth Tuesdays of each month. These meetings will allow the City Council to convene into closed session for the purpose of considering appointments to boards, commissions, and similar bodies. The text of this amendment includes provisions to address the months with irregular schedules: July; August; November; and December. • Public Information: Public information will be provided through the normal Council agenda process. If adopted, the ordinance will be posted on the door of the Council Chambers, and a public notice will be provided in the Beacon. • Attachment: Ordinance REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER 1 AN ORDINANCE TO AMEND SECTION OF THE CITY 2 CODE REGARDING REGULAR CITY COUNCIL MEETINGS 3 4 SECTION AMENDED: 2-20 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1. Section 2-20 of the City Code is hereby amended and reordained to read as 10 follows: 11 12 Sec. 2-20. Time and place of regular meetings. 13 14 (a) Regular formal meetings of the council shall be held in the Council Chamber of the 15 City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first and third 16 Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal holiday. If, 17 however, the first Tuesday of November is the date of the general election, the November 18 regular formal meetings of the council shall instead be held on the second and third 19 Tuesdays of the month at 6:00 p.m. Additionally, the August regular formal meetings of 20 the council shall be held on the second and third Tuesdays of the month at 6:00 p.m., and 21 in July and December of each year, regular meetings shall instead be held on the first two 22 (2) Tuesdays of the month at 6:00 p.m. The council may also convene informal meetings 23 on the dates of regular formal meetings at such times as the council may deem 24 appropriate, and on the second and fourth Tuesday of every month except July and 25 December. Informal meetings, which shall be held in the Council Chamber or Council 26 Conference Room, as noted in the posted agenda for such meetings, and at which no 27 votes shall be cast, shall be for the purpose of discussing matters of interest to the council, 28 and receiving briefings/reports from the city manager, city staff and city boards, 29 commissions, committees and other city agencies. There shall be no informal meeting 30 on a Tuesday that is also the date of the general election. Closed session may be 31 convened in the Conference Room adjacent to the Council Chamber. The city manager 32 shall notify the public of the times of such informal meetings in advance thereof. 33 34 (b) Regular formal meetings shall, in addition to those provided in subsection (a), be held 35 on the second and fourth Tuesdays of each month. Such formal meetings will be held at 36 the conclusion of the informal meetings for the purpose of convening into closed session 37 to consider appointments to boards and commissions. For July and December, the 38 regular formal meetings described in this subsection (b) will not be held. For August and 39 those instances where the first Tuesday of November is the date of the general election, 40 the regular formal meetings described in this subsection (b) will be held on the fourth 41 Tuesday of the month. 42 43 Lcj(b) To accommodate citizen participation in public hearings, the council may convene 44 any council meeting at such public facility in the city that will in the judgment of city council 45 accommodate the citizens; provided, however, that notice shall be provided to the press 46 and public by the city manager. 47 48 49 2. The City Clerk shall cause a copy of this ordinance to be posted on the door of the 50 Council Chamber of the City Hall Building and a public notice of these changes to 51 be published in the Beacon. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA15744 R-2 March 23, 2022 ��,\NUiFj 1 ‘, --t' gip, Y CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance Approving and Adopting a Policy Pertaining to Councilmember Communications to All City Employees MEETING DATE: April 5, 2022 Background: From time to time, individual members of the City Council may desire to send communications, such as letters or emails, to all City employees utilizing City resources. At its retreat on March 9, 2022, the Council expressed a desire to speak with one voice regarding communications to be sent to all employees utilizing City resources. This avoids ambiguity and misperceptions by the workforce as to the intent and import of such communications. • Considerations: The attached policy provides that if a member of the City Council desires to send a communication to all City employees utilizing City resources, the member shall share the proposed communication with the Mayor and Vice Mayor, who shall consult with the other members of the City Council. With the consent of the City Council, the communication may be sent to all City employees, but it shall be from the Mayor or the Vice Mayor, and it shall be sent on behalf of the entire City Council. This restriction does not apply, however, to farewell communications from a councilmember whose tenure on the City Council is ending that is sent at the time of the member's departure. Additionally, the policy does not limit a councilmember's ability to send communications to individual employees, including emails sent to multiple employees. • Public Information: This item was discussed by the City Council at its retreat on March 9, 2022, and during its workshop on March 22, 2022. It will be advertised in the same manner as other agenda items. • Attachments: Ordinance and Policy. REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER 1 AN ORDINANCE APPROVING AND 2 ADOPTING A POLICY PERTAINING TO 3 COUNCILMEMBER COMMUNICATIONS TO 4 ALL CITY EMPLOYEES 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby approves and adopts the policy entitled 10 "Councilmember Communications to All City Employees," which policy has been 11 exhibited to the City Council, and a true copy of which is on file in the City Clerk's Office. Adopted by the City Council of Virginia Beach, Virginia on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15746 R-1 March 23, 2022 coy).BFA ..0-te,_:•;::,,,24./.4.. 4.41kA4-_,I.7 ..,‘,1,A 0,,..",.. ... , -,-..,,,:. 5...0. :li -:i se;.1h4.sl .r �..i .,-,, t.�',#7, rr ._,, _, O. O4R NA�„ONCity Council Policy Title: Councilmember Communications to All City Employees Date of Adoption: Dates of Revisions: Page 1 1.0 Purpose and Need From time to time, individual members of the City Council may desire to send communications, such as letters or emails, to all City employees utilizing City resources. At its retreat on March 9, 2022, Council expressed a desire to speak with one voice regarding communications to be sent to all employees utilizing City resources. This avoids ambiguity and misperceptions by the workforce as to the intent and import of such communications. 2.0 Communications Sent to All City Employees If a member of the City Council desires to send a communication to all City employees utilizing City resources, the member shall share the proposed communication with the Mayor and Vice Mayor, who shall consult with the other members of the City Council. With the consent of the City Council, the communication may be sent to all City employees, but it shall be from the Mayor or the Vice Mayor, and it shall be sent on behalf of the entire City Council. This restriction does not apply, however, to farewell communications from a councilmember whose tenure on the City Council is ending that is sent at the time of the member's departure. This restriction does not limit a councilmember's ability to send communications to individual employees, including emails sent to multiple employees. :I 5., i'e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Adopting a Revised Policy Pertaining to Councilmember-Sponsored Forums and Events MEETING DATE: April 5, 2022 • Background: In 2020, the City Council adopted a policy entitled, "Councilmember-Sponsored Forums and Events." The policy addresses expenditures related to forums and events sponsored by or requested by individual members of the City Council. The policy currently addresses out-of-pocket expenditures for such events. Such events could also result in extensive use of City staff, time and resources, but the policy currently does not address staff support or other City resources. • Considerations: During their workshop on March 26, 2022, the City Council discussed the need to address councilmember requests for City staff and resources for such events, including promotion by the City staff of such events on the City's social media platforms, press releases, speaker coordination, securing facilities, editing and printing of agendas or other handouts, staff member attendance, and audio-visual support and services, among other things. The attached policy revision provides that if a member of the Council seeks City staff support or the use of City resources for such an event, the member shall first obtain the consensus of the Council or an affirmative vote of a majority of the City Council. An exception is made for town hall meetings held at City facilities or at facilities for which there is no cost to the City; for those town hall meetings, City staff would provide the services detailed in the policy without the need for obtaining Council consent or approval, but if the town hall is held in a venue for which there is a cost, or if the member seeks a greater degree of staff support or resources than authorized in the exception, then Council consent or approval must be obtained. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachments: Ordinance, Revised Policy Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY 3 PERTAINING TO COUNCILMEMBER- 4 SPONSORED FORUMS AND EVENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That the City Council hereby approves and adopts the revised policy entitled 10 "Councilmember-Sponsored Forums and Events," which has been exhibited to the City 11 Council, and a true copy of which is on file in the City Clerk's Office. 12 13 Adopted by the City Council of Virginia Beach, Virginia on this day of 14 , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15754 R-1 March 30, 2022 141A,8E 4\ c •- y a ;:.i.:„ ii,u. ,, s City ,,, Title: Councilmember-Sponsored Forums and Events Date of Adoption:January 7,2020 Date of Revision: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to address expenditures and the use of City staff and resources related to forums and events sponsored or requested by individual members of the City Council. 2.0 Policy Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office to reserve space in a City facility and to request staff assistance, such as the provision of staff with subject matter expertise to attend the meetings, the assistance of staff with meeting planning skills, or staff assistance in publicizing such gatherings. If, however, a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal ($50 or less) out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. Additionally, if a member of Council seeks City staff support in promoting the event through City social media platforms or the City website, mass emails, press releases, speaker coordination, the use of City audio-visual services, the creation or distribution of promotional materials, or other uses of City staff or resources, then the member of Council shall first seek the approval of the City Council of the full scope of services for which the member seeks City staff support. The following procedure shall apply: • If the member seeks to hold an event and there is a departmental co-sponsor that has funds previously appropriated for such purposes, the member may share the purpose of the gathering and the amount of anticipated expenditures with the Council,and the Council may approve the matter by consensus. However, if consensus is not obtained, the event must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold an event and there is not funding appropriated for such purpose, the expenditure or use of City staff and resources must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold a town hall meeting in a City building or facility or non-City venue that the member has already secured and for which there is no facility rental or other fee for use of the venue, City staff may provide the following level of staff support without obtaining the Council consent or vote detailed above: event calendar listing on the City website, editing and printing up to 100 copies of meeting agendas (which shall be developed and provided by the councilmember), event notification emails to constituents whose email addresses have been provided to City staff by the member of Council, notice to district civic leagues, district-specific postings to Nextdoor.com or a similar site that segments subscribers by district boundaries,and staff member attendance at the town hall Title: Councilmember-Sponsored Forums and Events Date of Adoption:January 7,2020 Dates of Revision: Page 2 of 2 meeting. If a member seeks additional staff support or the event is not held in a City building or facility,then the member shall obtain the consensus of the City Council or an affirmative vote as detailed above. Nothing in this policy shall prevent a councilmember from participating in an event or forum that is sponsored and paid for by a City department, such as discussing a capital project within the member's district, using funds previously appropriated to that department as part of the normal budget process. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes. This Policy does not authorize or encourage the use of City-owned buildings and facilities for Councilmember-sponsored forums and events in the 90 days immediately preceding an election if the sponsoring member is on the ballot for such election. I ,I, ii Cr J CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance Amending an Ordinance Creating the Atlantic Park Community Development Authority Adopted on September 7, 2021 MEETING DATE: April 5, 2022 • Background: In November 2019, the City Council authorized the execution of a Development Agreement for the Atlantic Park Project for development of a mixed-use project at the former Dome Site (the "Project"). The Development Agreement anticipates the establishment of a "community development authority" or "CDA" to assist in the financing of certain improvements within the Project. The CDA tool has been utilized in various Virginia localities, including the Short Pump Project in the Richmond region and the Coliseum Project in Hampton. For purposes of the Project, the proposed CDA will include a combination of three revenue sources. First, the CDA will include an additional levy of real estate taxes upon the property within the Project and an additional admissions tax upon participatory sports transactions occurring within the Project. Second, the Development Agreement anticipates certain sales taxes resulting from transactions within the Project that will be directed to the CDA, which was authorized by the General Assembly in legislation referred to in the Development Agreement as Knight-Wagner. Last, the City has certain performance-based revenues including Tourism Improvement Program Fund (or TIP Fund) revenues and local revenues keyed to sales taxes resulting from the Project's Term Sheet anticipating the use of Tourism Development Financing Program, which is also referred to as "gap financing." In November 2021, the City Council authorized an amendment to the Development Agreement. As part of the amendment process, the City Council appropriated $17.7 million for the costs of certain infrastructure adjacent to the Project. These amounts are to be repaid by the CDA from any CDA revenues that exceed debt service in a given year or by the extension of the duration of the CDA beyond the term of the bonds to allow repayment. ■ Considerations: The adoption of an amendment to the CDA requires a new petition from the owner of the property within the proposed boundaries of the CDA. The City of Virginia Beach Development Authority ("VBDA") is the owner of the relevant property, and the VBDA has provided this addendum to its original petition. After adoption the proposed Articles of Incorporation will be filed with the Virginia State Corporation Commission. The proposed Articles are attached hereto. • Public Information: Public information will be provided through the normal Council agenda process. As required by Virginia Code § 15.2-5156(A), the notice of public Atlantic Park Community Development Authority Page 2 of 2 hearing has been published for three successive weeks, and the date for the public hearing is not sooner than ten days after the publication of the third notice. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Proposed Articles of Incorporation Recommended Action: Approval v#4,1 Submitting Department/Agency: City Manager's Office City Manager: 1 ORDINANCE AMENDING AN ORDINANCE 2 CREATING THE ATLANTIC PARK COMMUNITY 3 DEVELOPMENT AUTHORITY ADOPTED ON 4 SEPTEMBER 7,2021 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") and 7 Atlantic Park, Inc. (the "Developer"), previously entered into the Dome Site Development 8 Agreement dated as of December 23, 2019 (the "Development Agreement"), to provide for the 9 development and redevelopment of an approximately 13-acre site near the oceanfront between 10 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as 11 the Dome Site(the "Property"), into a mixed-use development featuring retail, office, residential, 12 parking and entertainment components (the "Project"); 13 14 WHEREAS,the Development Agreement contemplated the establishment of the Atlantic 15 Park Community Development Authority(the "CDA")pursuant to the Virginia Water and Waste 16 Authorities Act,Chapter 51,Title 15.2,Code of Virginia of 1950,as amended(the"Act"),to assist 17 in the acquisition, financing, funding, design, construction and equipping of a portion of the 18 infrastructure improvements to be constructed pursuant to the Development Agreement; 19 20 WHEREAS,the Petitioner, as the fee simple owner of the Property, filed a petition for the 21 creation of the CDA dated September 7, 2021 (the "Original Petition"), with the City; 22 23 WHEREAS, consistent with the terms of the Development Agreement and the Original 24 Petition, the City Council of the City (the "Council") adopted an ordinance on September 7, 2021 25 (the "Original CDA Ordinance"), creating the CDA and empowering it to, among other things, 26 assist in the acquisition, financing, funding, design, construction and equipping of the 27 infrastructure described in Exhibit D to the Original Petition (referred to herein as the "Original 28 Infrastructure"); 29 30 WHEREAS, in the course of conducting the pre-development activities contemplated by 31 the Development Agreement, the parties have determined that (a) certain modifications to the 32 Development Agreement are necessary and appropriate to achieve successful completion of the 33 Project and(b) certain additional public infrastructure improvements described in Exhibit A to the 34 Addendum (the "Offsite Infrastructure") are necessary or desirable for development or 35 redevelopment within or affecting the Property or to meet the increased demands placed upon the 36 City as a result of development or redevelopment within or affecting the Property,which comprises 37 all of the land within the CDA District(as defined in the Original Petition); 38 39 WHEREAS, the Council adopted a resolution on November 16, 2021, (a) approving the 40 agreed upon modifications to the Development Agreement specified therein, (b) establishing the 41 Offsite Infrastructure as Capital Project #100606 and (c) appropriating $17,729,147 to fund the 42 costs of the Offsite Infrastructure(as detailed in Exhibit A to the Addendum); 43 44 WHEREAS, the Petitioner adopted a resolution on November 16, 2021, approving the 45 agreed upon modifications to the Development Agreement specified therein; 46 WHEREAS, in accordance with, and to give effect to, the agreed upon modifications to 47 the Development Agreement, the Petitioner, as the sole fee simple owner of the Property, has 48 submitted an Addendum to the Original Petition dated March 31, 2022 (the "Addendum" and, 49 together with the Original Petition,the"Amended Petition"), supplementing and amending certain 50 provisions of the Original Petition to request that the CDA be empowered to assist in the 51 acquisition, financing, funding, design, construction and equipping of the Offsite Infrastructure; 52 53 WHEREAS,the Council proposes to supplement and amend the provisions of the Original 54 CDA Ordinance to empower the CDA to assist in the acquisition, financing, funding, design, 55 construction and equipping of the Offsite Infrastructure; 56 57 WHEREAS,the empowerment of the CDA to assist in the acquisition,financing, funding, 58 design, construction and equipping of the Offsite Infrastructure (a) will benefit the citizens of the 59 City by promoting increased employment opportunities, a strengthened economic base, increased 60 tax revenues and additional business, retail, tourism and recreational opportunities and(b)will be 61 necessary or desirable for development or redevelopment within or affecting the CDA District or 62 to meet the increased demands placed upon the City as a result of development or redevelopment 63 within or affecting the CDA District; 64 65 WHEREAS, a public hearing has been held on March 15, 2022, by the Council on the 66 adoption of this Ordinance and notice has been duly provided as set forth in§§15.2-5104 and 15.2- 67 5156 of the Act; and 68 69 WHEREAS, the Petitioner has waived in writing its right to withdraw its signature from 70 the Addendum to the extent §15.2-5156(B) of the Act applies thereto; 71 72 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 73 OF VIRGINIA BEACH,VIRGINIA: 74 75 1. Additional Facilities and Services. Section 3 of the Original CDA Ordinance is 76 hereby supplemented to provide that the CDA shall also be formed for the purpose of acquiring, 77 financing, funding, designing, constructing, equipping and providing for the construction, 78 installation, operation, maintenance (unless dedicated to and accepted by the appropriate 79 governmental entity other than the CDA), enhancement, replacement, relocation and alteration of 80 all or portions of the public infrastructure, facilities and services identified on Exhibit A to the 81 Addendum. 82 83 2. Revised Articles of Incorporation. Attached hereto as Exhibit A are the proposed 84 Articles of Incorporation of the CDA(the"Revised Articles of Incorporation"). The City Manager 85 is authorized and directed to execute and file such Revised Articles of Incorporation on behalf of 86 the Council with the State Corporation Commission in substantially the form attached as Exhibit 87 A with such changes, including insubstantial changes to the boundary description of the CDA 88 District described therein, as the City Manager may approve. The City Manager is authorized to 89 approve such changes or corrections to the Revised Articles of Incorporation prior to filing with 90 the State Corporation Commission as do not change the purpose or function of the CDA as set 91 forth in the Original CDA Ordinance, as amended by this Ordinance (together, the "Amended 2 92 CDA Ordinance"), and in the Amended Petition. For the avoidance of doubt, the provisions of 93 this Section 2 shall supersede the provisions of Section 4 of the Original CDA Ordinance. 94 95 3. Capital Cost Estimates. The Council hereby finds, in accordance with §15.2- 96 5103(B) of the Act,that it is impracticable to include capital cost estimates, project proposals and 97 project service rates, except as preliminarily summarized in the Amended Petition. 98 99 4. Initial Membership of the Authority. Subsection 6(c) of Original Petition is 100 hereby amended to provide that the initial members of the CDA Board shall be as set forth in the 101 Revised Articles of Incorporation for the terms set forth therein. 102 103 5. Amendment of Plan of Finance; Issuance of Bonds and Incurrence of Other 104 Payment Obligations. Section 7 of the Original CDA Ordinance is hereby amended and restated 105 to read as follows: 106 107 "(a) The public infrastructure, facilities and services to be undertaken by or on 108 behalf of, the CDA, the City or the Petitioner as described herein and in the Amended 109 Petition shall be funded from all or some of the following sources: (i) bonds to be issued 110 by the CDA (collectively, the "Bonds") as well as other obligations of the CDA for the 111 payment of money (collectively, the "Other Payment Obligations" and, together with the 112 Bonds, the "CDA Obligations"); (ii) special assessments to be levied pursuant to §15.2- 113 5158(A)(5) of the Act; (iii) a special tax to be levied pursuant to §15.2-5158(A)(3) of the 114 Act; and (iv) contributions made by the City of certain tax revenues generated from the 115 property and activity within the CDA District as more particularly described in the 116 Development Agreement, as it may be amended, and in a memorandum of understanding 117 to be entered into by the CDA, the City, the Petitioner and the Developer. 118 119 (b) The CDA Obligations may be issued or incurred in one or more series, 120 provided that (i)the annual debt service on the Bonds may not exceed $5,000,000, (ii)the 121 Bonds may not be issued for a term longer than 23 years (with only interest payable for up 122 to the first three years and principal and interest payable over the final 20 years), (iii) the 123 Bonds must be structured to achieve level debt service over the final 20 years, (iv) the 124 aggregate principal amount of the Other Payment Obligations may not exceed$17,700,000 125 and (v) the Other Payment Obligations may not have a term longer than 40 years. The 126 proceeds from the sale of CDA Obligations will be used to (x) pay (A) the costs of the 127 infrastructure, facilities and services as described in the Amended CDA Ordinance and the 128 Amended Petition, (B) the costs of issuing or incurring the CDA Obligations and (C) 129 certain interest on the Bonds for a period of up to 36 months after the issuance of the Bonds 130 and(y) fund any required reserves in connection with the Bonds. 131 132 (c) Any CDA Obligations or any other financing arrangements entered into by 133 the CDA will be indebtedness of the CDA,will not be a debt or other obligation of the City 134 and will not constitute a pledge of the faith and credit of the City." 135 6. Effectiveness of Original CDA Ordinance. Except as supplemented and 136 amended by this Ordinance, all other provisions of the Original CDA Ordinance shall remain 137 unchanged. 3 138 139 7. Effective Date. This Ordinance shall take effect immediately. 140 141 8. Recordation of Ordinance. The Council hereby directs that a copy of this 142 Ordinance, together with a copy of the Original CDA Ordinance, be recorded in accordance with 143 §15.2-5157 of the Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41111'41___, A, j a il City a ager Ci o CA15686 R-1 March 3, 2022 The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance enacted at a regular meeting of the City Council of the City of Virginia Beach, Virginia,held on April 5, 2022. City Clerk, City of Virginia Beach, Virginia 4 Articles of Incorporation of Atlantic Park Community Development Authority The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended, adopts the following Articles of Incorporation for the Atlantic Park Community Development Authority and states as follows: Article I Name The name of this Authority is ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY (the"Authority"). Article II Organization Pursuant to an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "Council") on September 7, 2021, as amended by an ordinance adopted by the Council on April 5, 2022 (collectively, the "Ordinance"), the Authority shall be organized by the City of Virginia Beach,Virginia(the"City"),under the Virginia Water and Waste Authorities Act (Chapter 51,Title 15.2 of the Code of Virginia of 1950, as amended) (the"Act"), as a public body corporate and politic and a political subdivision governed by the laws of the Commonwealth of Virginia. Article III Members The affairs of the Authority shall be conducted by an authority board of a number of members equal to the number of members of the Council ("Authority Board"). The initial Authority Board members are as set forth in Exhibit A attached hereto and incorporated by reference. The initial and all subsequent members of the Authority Board shall be the then-current members of the Council. Each member of the Authority Board shall serve a term concurrent with their respective term as a member of the Council, including the initial members of the Authority Board who shall serve the terms of office set forth in Exhibit A hereto. No member of the Authority Board shall serve a term in excess of that permitted by §15.2-5113 of the Act,provided that any member of the Authority Board may be reappointed for one or more terms (consecutive or otherwise). The election of officers of the Authority shall be as set forth in the By-Laws of the Authority. Qualifications and appointment of members of the Authority Board shall be consistent with the requirements of the Act. The Authority Board shall have the powers and duties set forth in the Act and in these Articles of Incorporation and the By-Laws, to the extent that such powers and duties are not inconsistent with the Act. Article IV Principal Office The Authority's initial principal office shall be c/o City Manager, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One, 2401 Courthouse Drive, Virginia Beach,Virginia 23456. The Authority may conduct its business and maintain offices for such purposes at such other places within or without the City as may from time to time be deemed advisable by the Authority Board, and not in conflict with the requirements of the Act. Article V Authority District The land initially encompassed within the Authority is set forth in Exhibit B attached hereto (the "Initial Authority District") provided that the boundaries of the Initial Authority District (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Act and (b)may be adjusted by the City to exclude certain land as long as the owners of at least fifty- one percent (51%) of the land area or assessed value of land that will remain in the Authority district after the adjustment originally petitioned for the creation of the Authority. Article VI Purposes and Powers The Authority is organized for the purpose of exercising all powers granted by the Act, including acquiring, financing, finding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the Authority), enhancement, replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services generally described in the Petition to create the Authority, as amended by the Addendum, each attached hereto as Exhibit C. The Authority shall have all powers granted to a "community development authority"under the Act. Article VII Not-for-Profit The Authority shall not be organized or operated for pecuniary gain or profit. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable to any member, director, officer, or any other private person, except that the Authority shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments in furtherance of the purposes set forth in Article VI. -2- Article VIII Amendment of Articles These Articles of Incorporation may be amended at any time and from time to time by the Council as now or hereafter prescribed by the Act. Article IX Registered Office and Registered Agent The address of the initial registered office of the Authority is c/o Mark D. Stiles, City Attorney, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One,2401 Courthouse Drive,Virginia Beach,Virginia 23456. The initial Registered Agent of the Authority is Mark D. Stiles, whose business address is identical to that of the initial registered office and who is a resident of Virginia and a member of the Virginia State Bar. Article X Initial Members The names and addresses of the initial members of the Authority Board are as set forth on the attached and incorporated Exhibit A. Article XI Indemnification (a) For purposes of this Article XI the following definitions shall apply: (i) "expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification; (ii) "liability"means the obligation to pay a judgment, settlement,penalty,fine, or other such obligation; (iii) "legal entity" means a corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise; and (iv) "proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal. (b) In every instance in which the Virginia Nonstock Corporation Act, as it exists on the date hereof or may hereafter be amended, permits the limitation or elimination of liability of -3- directors or officers of a corporation to the corporation, the members, directors and officers of the Authority shall not be liable to the Authority. (c) The Authority shall indemnify any individual who is, was or is threatened to be made a party to a proceeding (including a proceeding by or in the right of the Authority) because such individual is or was a member,director or officer of the Authority or because such individual is or was serving the Authority or any other legal entity in any capacity at the request of the Authority while a member,director or officer of the Authority,against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a member,director or officer of a legal entity controlled by the Authority shall be deemed service at the request of the Authority. The determination that indemnification under this paragraph (c) is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a member or director, as provided by law, and in the case of an officer, as provided in Section(d)of this Article;provided,however,that if a majority of the members of the Authority has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, be made by special legal counsel agreed upon by the Authority Board and such person. Unless a determination has been made that indemnification is not permissible, the Authority shall make advances and reimbursements for expenses incurred by a member, director or officer in a proceeding upon receipt of an undertaking from such member, director or officer to repay the same if it is ultimately determined that such member, director or officer is not entitled to indemnification. Such undertaking shall be an unlimited, unsecured general obligation of the member, director or officer and shall be accepted without reference to such member's, director's or officer's ability to make repayment. The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that a member, director or officer acted in such a manner as to make such member, director or officer ineligible for indemnification. The Authority is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its members, directors or officers to the same extent provided in this paragraph (c). (d) The Authority may, to a lesser extent or to the same extent that it is required to provide indemnification and make advances and reimbursements for expenses to its members, directors and officers pursuant to paragraph(c) of this Article, provide indemnification and make advances and reimbursements for expenses to its employees and agents, the members, directors, officers, employees and agents of its subsidiaries and predecessor entities, and any person serving any other legal entity in any capacity at the request of the Authority, and may contract in advance to do so. The determination that indemnification under this paragraph (d) is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Authority Board, which action may be taken before or after a claim for indemnification is made, or as otherwise provided by law. No person's rights under paragraph (c) of this Article shall be limited by the provisions of this paragraph(d). (e) The rights of each person entitled to indemnification under this Article shall inure to the benefit of such person's heirs, executors and administrators. Special legal counsel selected -4- to make determinations under this Article may be counsel for the Authority. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled, including indemnification pursuant to a valid contract, indemnification by legal entities other than the Authority and indemnification under policies of insurance purchased and maintained by the Authority or others. However,no person shall be entitled to indemnification by the Authority to the extent such person is indemnified by another, including an insurer. The Authority is authorized to purchase and maintain insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their service to the Authority or any other legal entity at the request of the Authority regardless of the Authority's power to indemnify against such liability. The provisions of this Article shall not be deemed to preclude the Authority from entering into contracts otherwise permitted by law with any individuals or legal entities, including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable. (D No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring before the adoption of such amendment, modification or repeal. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -5- IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorporation as of the day of , 2022, as duly authorized by Ordinance adopted by the City Council of the City of Virginia Beach, Virginia, on September 7, 2021, as amended by Ordinance adopted by the City Council of the City of Virginia Beach, Virginia, on April 5, 2022. By: City Manager, City of Virginia Beach, Virginia -6- Exhibit A Names and Addresses of Initial Members Name and Address Term of Office Commences Expires 1 Michael Berlucchi 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Linwood Branch 10/6/21 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Robert M. Dyer 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Barbara Henley 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 N.D. Holcomb 08/13/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Louis Jones 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 (I)Each member's term shall expire on the date shown above unless such member ceases to serve on the Council prior to such date,in which case such member's term shall expire on the date such member ceases to serve on the Council. 01/01/19 12/31/22 John Moss City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Aaron R. Rouse 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Guy King Tower 11/06/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Rosemary Wilson 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Sabrina Wooten 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 ZO8t7-LO-LZi Z SZ9S-LO-LZ17Z LSLi-LO-LZt'Z t 69t'-LO-LW £88t7-LO-LZi 5t7917-L0-LW L£LS-LO-LZtZ L t 5t-LO-LW £98S-LO-LZi7Z 099£-LO-LW 0669-LO-LZt'Z 9£5£-LO-LZ17Z 8089-LO-LW 699£-LO-LZtZ LOLL-LO-LZtZ i I L£-LO-LW t t 9Z-L t-LZt'Z SOL£-LO-LW 91 SO-L t-LZI7Z 068Z-LO-LW t7ZS6-LO-LZ17Z L9L£-LO-LZtZ £S80-L t-LZi7Z (smdo)siaqumN jaa d diyAi xe' plajs!Q A uog3nv wpm Jo uoudpasaa g pgigx3 Exhibit C Petition to Create Authority and Addendum 022764.0000279 EMF_US 85728599v5 PETITION PURSUANT TO VIRGINIA CODE SECTION 15.2-5153 FOR THE CREATION OF THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY TO THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") is a political subdivision of the Commonwealth of Virginia(the"Commonwealth"),duly created under the Chapter 643 of the Acts of Assembly of 1964, as amended; WHEREAS,the Petitioner and Atlantic Park,Inc. (the"Developer"),have entered into the Dome Site Development Agreement dated as of December 23, 2019 (the "Development Agreement"),to provide for the development and redevelopment of an approximately 13-acre site near the oceanfront between 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as the Dome Site (as hereinafter described, the "Property"), into a mixed-use development featuring retail, office, residential, parking and entertainment components; WHEREAS, the Petitioner is the fee simple owner of the Property, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference; WHEREAS, the Development Agreement contemplates that the Property will be ground leased to the Developer, immediately following which the Developer will submit the Property to a condominium regime, which the Petitioner and the Developer contemplate will be known as "Atlantic Park Condominium Phase l"that will contain a certain condominium unit to be known as the "NW EV Unit" (the"Entertainment Venue Unit") within which the Entertainment Venue described in the Development Agreement will be constructed; WHEREAS, pursuant to the terms of the Development Agreement, the Petitioner desires to join with the City Council of the City (the"Council")to create a mechanism for the funding of certain infrastructure improvements, facilities and services that are necessary or desirable for development or redevelopment within or affecting the Property or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the Property as more particularly described herein; WHEREAS, pursuant to the terms of the Development Agreement, the Petitioner and the Developer have determined that a community development authority(the"CDA")affords the best mechanism for providing such infrastructure improvements, facilities and services; and WHEREAS,the provision of such infrastructure improvements,facilities and services will promote increased employment opportunities in the City and will facilitate the successful expansion of the City's tax base through increased real property tax revenues, personal property tax revenues, retail sales tax revenues, meals tax and business and license fee revenues from the expansion of the tax base contemplated within the CDA district; NOW, THEREFORE, the undersigned Petitioner, pursuant to Virginia Code §15.2-5153, does hereby petition the Council to establish,by ordinance pursuant to Virginia Code§l 5.2-5155, the CDA. In support of this Petition, the Petitioner states as follows: 1. Petitioner and CDA District. The Petitioner is the fee simple owner of more than fifty-one percent (51%) of the land area or assessed value of the land proposed to be included within the geographic boundaries of the CDA (such real property to be located within the boundaries of the CDA is referred to herein collectively as the"CDA District"). Legal descriptions of the initial parcels to be included within the CDA District are attached to this Petition as Exhibit A, and the tax map parcel numbers of such initial parcels to be included within the CDA District are attached to this Petition as Exhibit B, all of which are incorporated herein by this reference. All of the initial parcels within the CDA District are located exclusively within the City. The initial boundaries of the CDA District are shown on the map attached to this Petition as Exhibit C and incorporated herein by this reference, but (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Virginia Code §15.2-5153 and (b) may be adjusted to exclude certain Iand as long as the owners of at least fifty-one percent (51%)of the land area or assessed value of land that will remain in the CDA District after the adjustment originally petitioned for the creation of the CDA. The Petitioner,together with the City,shall take such action as necessary to exclude the Entertainment Venue Unit from the CDA District once the condominium unit constituting the Entertainment Venue Unit is created and assigned a distinct tax parcel number and legal description. The Petitioner requests that the CDA be called the"Atlantic Park Community Development Authority." 2. Description of Infrastructure,Facilities and Services. The CDA shall be formed for the purposes of, among other things, acquiring, financing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the CDA), enhancement,replacement,relocation and alteration of all or portions of the public infrastructure, facilities and services identified on Exhibit D, including, without limitation, (a) sanitary sewer mains and lines, (b) water mains and lines, pump stations and water storage facilities, (c) storm sewer mains and lines, (d)landscaping and related site improvements, (e)parking facilities, (f) sidewalks and walkway paths, (g)storm water management and retention systems (including best management practices, water quality devices and erosion and sediment control), (h)lighting (including street and decorative lights in public rights of way), (i) street and directional signage. (j)wetlands mitigation, (k)roads, curbs and gutters (inclusive of rights of way and easements related thereto), (I)public park, plaza and recreational facilities, (m)new or enhanced public access and open space areas, and (n)any and all facilities and services appurtenant to the above including the acquisition of land (all such existing and new public roads, utilities, facilities, improvements and services are referred to herein collectively as the "infrastructure"). The CDA may contract for and incur all necessary expenses to accomplish the above and all related purposes. and all such operating expenses of the CDA, including, without limitation, administrative, underwriting, accounting, engineering and legal (collectively, the "Operation of the CDA"), may be included within the scope of any bonds issued by the CDA. The CDA may perform or cause to be performed all work necessary to accomplish these purposes, including, without limitation, right-of-way and easement acquisition, permitting and/or relocation of existing utilities. 3. Description of Provision and Fnnancinc of Infrastructure and Operation of the CDA. The Infrastructure shall be constructed or acquired by, or on behalf of, the CDA, the City or the Petitioner, and the costs thereof shall be paid for, or reimbursed by, the CDA, the City or the Petitioner,upon availability of funding. As set forth in Paragraph 2 above,the CDA may contract -2- for all services required for the Operation of the CDA and the provision of the Infrastructure. The CDA,the City and the Petitioner may contract with each other and with other parties necessary or desirable for the Operation of the CDA and the provision of the Infrastructure or services directly related to the Operation of the CDA. The proposed plan for the Operation of the CDA and the provision of the Infrastructure within the CDA District is as follows: (a) The Petitioner proposes that the CDA request the Council to establish(i) a special tax of S0.25 per S100 of assessed value on taxable real property within the CDA District and (ii) special assessments on the taxable real property within the CDA District to finance the costs of the Infrastructure and the Operation of the CDA as provided in Virginia Code §§15.2-5158(A)(3)and (5). (b) The Petitioner proposes that the Council establish a special admissions tax of S0.05 to be charged to persons actively participating in sporting events or athletic contests or activities within the CDA District as described in the Development Agreement to support the financing of the costs of the Infrastructure and the Operation of the CDA. (c) The CDA may issue revenue bonds, in one or more series, for (i) the Operation of the CDA, (ii) the provision of the Infrastructure or any portion thereof and (iii)the administrative and other authorized costs and expenses of issuing such bonds and performing the work necessary to provide the Infrastructure or any portion thereof. The bonds will be payable solely from revenues received by the CDA(including,but not limited to, any funds assigned by the Developer to the CDA). The annual debt service on such bonds may not exceed S5,000,000. (d) The Petitioner proposes that the CDA request the Council approve a tax contribution plan, using certain tax revenues generated from the property and activity within the CDA District and the Entertainment Venue Unit, to finance all or a portion of the costs of the Infrastructure and the Operation of the CDA, with such tax contribution plan expiring following the repayment of the proposed bonds. 4. Expected Benefits from the Provision of Proposed Infrastructure and the Operation of the CDA. The provision of the Infrastructure and the Operation of the CDA will facilitate the City's efforts to attract new business and economic development to the City in furtherance of the City's business development and revitalization strategies. The Infrastructure and the Operation of the CDA are necessary or desirable for development or redevelopment within or affecting the CDA District or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the CDA District. The development or redevelopment of the area within the CDA District, which will be enabled by the Infrastructure, will enhance the City's tax base by increasing tax revenues and the value of real property within and around the CDA District. 5. Members of the CDA. The CDA board (the "CDA Board") shall have the same number of members as the Council. The Council shall appoint the members of the CDA Board pursuant to Virginia Code §15.2-5113, provided that only the members of the Council shall serve -3- as the members of the CDA Board. 6. Duration/Abolition of the CDA. The CDA may be abolished at any time by appropriate action of the Council, provided that no such abolition shall occur while any CDA obligation remains outstanding. Furthermore, it is contemplated that the CDA shall continue to exist beyond the retirement of all of its obligations to the extent necessary and/or appropriate to provide the public infrastructure, facilities and services identified in this Petition. 7. Waiver. The Petitioner intends to provide a waiver of the thirty(30)-day period to withdraw its signature from this Petition as provided in Virginia Code §15.2-5156(B). ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein,the Petitioner respectfully requests that the Council establish the Atlantic Park Community Development Authority for the purposes set forth in this Petition. -4- IN WIT lg.SS HEREOF, the Petitioner has executed this Petition pursuant to due authority this TPL day of Septe ,4 4 ,2021. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: ‘`.e' (it Name: Ut Title: . COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that the fQrygoing instrument was acknowledged before me in the jurisdiction aforesaid by (11,4,1 ' ► , : a (name), t S, (title),on behalf of the City of Virginia Beach bevelbpment Authority. Given under my hand this ~114'` day of afrkeidoo. ,2021. My commission expires: cQ- a Y- a a.a% ROBIN KAY WAGONER 4111‘ Notary Public L A'1t/a to 4 r a L . it . .1. .h ' c :.= CerrrnOnw lelth cl yrc9irna Reg { -• Iy � i Ce + Elsa r 0217724 ire Notary Public �`'�AA, My registration number is: 07 17 ay- . -5- ADDENDUM TO PETITION FOR THE CREATION OF THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") and Atlantic Park, Inc. (the "Developer"), previously entered into the Dome Site Development Agreement dated as of December 23, 2019 (the "Development Agreement"), to provide for the development and redevelopment of an approximately 13-acre site near the oceanfront between 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as the Dome Site (as hereinafter described,the"Property"), into a mixed-use development featuring retail, office,residential,parking and entertainment components (the"Project"); WHEREAS, the Development Agreement contemplated the establishment of the Atlantic Park Community Development Authority(the"CDA")pursuant to the Virginia Water and Waste Authorities Act,Chapter 51,Title 15.2,Code of Virginia of 1950,as amended(the"Act"),to assist in the acquisition, financing, funding, design, construction and equipping of a portion of the infrastructure improvements to be constructed pursuant to the Development Agreement; WHEREAS,the Petitioner,as the fee simple owner of the Property, filed a petition for the creation of the CDA dated September 7,2021 (the"Original Petition"),with the City; WHEREAS, consistent with the terms of the Development Agreement and the Original Petition, the City Council of the City(the"Council")adopted an ordinance on September 7,2021 (the "Original CDA Ordinance"), creating the CDA and empowering it to, among other things, assist in the acquisition, financing, funding, design, construction and equipping of the infrastructure described in Exhibit D to the Original Petition(referred to herein as the "Original Infrastructure"); WHEREAS, in the course of conducting the pre-development activities contemplated by the Development Agreement, the parties have determined that (a) certain modifications to the Development Agreement are necessary and appropriate to achieve successful completion of the Project and (b) certain additional public infrastructure improvements described in Exhibit A attached hereto (the "Offsite Infrastructure") are necessary or desirable for development or redevelopment within or affecting the Property or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the Property,which comprises all of the land within the CDA District(as defined in the Original Petition); WHEREAS, the Council adopted a resolution on November 16, 2021, (a) approving the agreed upon modifications to the Development Agreement specified therein, (b) establishing the Offsite Infrastructure as Capital Project #100606 and (c) appropriating $17,729,147 to fund the costs of the Offsite Infrastructure(as detailed in Exhibit A attached hereto); WHEREAS, the Petitioner adopted a resolution on November 16, 2021, approving the agreed upon modifications to the Development Agreement specified therein; WHEREAS,the Petitioner remains the sole fee simple owner of the Property; and WHEREAS, in accordance with, and to give effect to, the agreed upon modifications to the Development Agreement,the Petitioner desires to amend the Original Petition to empower the CDA to assist in the acquisition, financing, funding, design, construction and equipping of the Offsite Infrastructure; NOW, THEREFORE, the undersigned Petitioner hereby submits this Addendum to the Original Petition to the Council to supplement and amend certain provisions of the Original Petition: 1. Additional Infrastructure, Facilities and Services. Paragraph 2 of the Original Petition is hereby supplemented to provide that the CDA shall also be formed for the purpose of acquiring, financing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the CDA), enhancement, replacement, relocation and alteration of all or portions of the public infrastructure,facilities and services identified on Exhibit A hereto. The term "Infrastructure"as defined in the Original Petition is hereby amended to include the Offsite Infrastructure in addition to all of the existing and new public roads,utilities,facilities, improvements and services described in the Original Petition. 2. Amendment of Plan for Provision and Financing of Infrastructure and Operation of CDA. Subparagraphs 3(c)and(d)of the Original Petition are hereby amended to permit the CDA to issue revenue bonds as well as other obligations of the CDA for the payment of money and are hereby amended and restated to read as follows: "(c) The CDA may issue revenue bonds or incur other payment obligations in one or more series for(i)the Operation of the CDA, (ii)the provision of the Infrastructure or any portion thereof and(iii)the administrative and other authorized costs and expenses of issuing such bonds or incurring such other payment obligations and performing the work necessary to provide the Infrastructure or any portion thereof. The bonds and other payment obligations will be payable solely from revenues received by the CDA(including, but not limited to, any funds assigned by the Developer to the CDA). The annual debt service on the bonds may not exceed $5,000,000. The aggregate principal amount of any other payment obligations may not exceed $17,700,000, and payments of debt service on such other payment obligations will not count against the $5,000,000 ceiling on annual debt service relating to the bonds. (d) The Petitioner proposes that the CDA request the Council approve a tax contribution plan, using certain tax revenues generated from the property and activity within the CDA District and the Entertainment Venue Unit, to finance all or a portion of the costs of the Infrastructure and the Operation of the CDA, with such tax contribution plan expiring following the repayment of the proposed bonds and other payment obligations." 3. Expected Benefits from Provision of Offsite Infrastructure. The provision of the Offsite Infrastructure will facilitate the City's efforts to attract new business and economic development to the City in furtherance of the City's business development and revitalization strategies. The Offsite Infrastructure is necessary or desirable for development or redevelopment -2- within or affecting the CDA District or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the CDA District. The development or redevelopment of the area within the CDA District, which will be enabled by the Offsite Infrastructure, will enhance the City's tax base by increasing tax revenues and the value of real property within and around the CDA District. 4. Defined Terms. Unless otherwise defined herein, all capitalized terms used in this Addendum shall have the meanings set forth in the Original Petition. 5. Effectiveness of Original Petition. Except as supplemented and amended by this Addendum,all other provisions of the Original Petition shall remain unchanged. 6. Waiver. The Petitioner intends to provide a waiver of the thirty(30)-day period to withdraw its signature from this Addendum to the extent §15.2-5156(B) of the Act applies hereto. ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein, the Petitioner respectfully requests that the Council supplement and amend the Original CDA Ordinance to incorporate the changes set forth in this Addendum. [SIGNATURES ON FOLLOWING PAGES J -3- IN WITNESS HEREOF, the P titioner has executed this Addendum pursuant to due authority this_ day of j¼.A&vi ,2022. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY c,. ,i, By: Ck ttt (.(4\ (:L.L.Name: Llsa `it . ikkr i( 0 Title: Ortatr COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that the foregoing instrument was acknowledged before me in the jurisdiction aforesaid by Li � ,, m, Th____AziOat_4 (name), l.N t,rti (title),on behalf of the City of Virginia Beach Development Authority, this 314 day of`,ni a(YIN. 2022. ---)1-iii(LA--:---"' (<0,-L. ,CtiQ./\- NOTARY PUBLIC `J My Commission Expires: 2•ckt aQ 26 \_ My Registration Number: .a+7�1.L4 __ 4-°-',-_ ROBIN KAY WAGONER ;� ti ', Notary Public ` fl. Commonwealth of Virginia ►...3`�f Reg. #217224 101 y. My Commission Eaps.Febuaty'..8. APPROVED AS TO LEGAL SUFFICIENCY.. City Attorney EXHIBIT A DESCRIPTION OF OFFSITE INFRASTRUCTURE • Pacific Avenue Replace 19t11 Street Signal with pedestrian crossing • Pacific Avenue Signal at 20th Street • 19th Street Improvements - Arctic to Pacific • 18th Street Dominion Duct Bank • Arctic Avenue Improvements • Arctic Avenue dominion Duct Bank • 199h Street & Baltic Avenue Signal Relocation • Baltic Avenue Stormwater Infrastructure • 20th Street Improvements & Stormwater Infrastructure • 20th Street Dominion Duct Bank ESTIMATED COSTS OF OFFSITE INFRASTRUCTURE Category Cost Estimates Duct banks $9.053,617 Signals 855,477 Streetscapes & Stormwater 6,668.208 18'1' Street from Arctic to Pacific 1,151,875 TOTAL $17,729.147 WAIVER WITH RESPECT TO THE ORDINANCE AMENDING THE ORDINANCE CREATING THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY The undersigned is the sole petitioning landowner for the Atlantic Park Community Development Authority (the "CDA"). The undersigned has provided an addendum (the "Addendum")to the petition for the creation of the CDA to provide its request to amend the CDA's ordinance to include additional infrastructure improvements. Pursuant to the provisions of Virginia Code Section 15.2-5156(B), the undersigned has received a copy of the proposed ordinance to be considered by the City Council of the City of Virginia Beach entitled "ORDINANCE AMENDING AN ORDINANCE CREATING THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY ADOPTED ON SEPTEMBER 7, 2021." The undersigned acknowledges its right to withdraw from the Addendum requesting the proposed ordinance and hereby waives its right to do so. Dated: March 3 L 2022. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: :t C-C-c --- t ke -14 Name: L(S& Mtr )M Title: _ kCL r APPROVED AS TO LEGAL SUFFICIENCY City Attorney r_ ___.,, _ rz ,, :,,,s,. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Enter into a Four-Month Lease for the Summer of 2022 and for Each of the Next Four Summers with Dolphin Run Condominium Association, Inc. for City-Owned Property Located at 3d Street and Atlantic Avenue. MEETING DATE: April 5, 2022 ✓ Background: The City of Virginia Beach (the "City") acquired a 0.09-acre parcel of property in the Rudee Loop area for future development. Dolphin Run Condominium Association, Inc. ("Dolphin Run") leased this small parcel of land from the previous owners to augment vehicular parking for guests staying at its establishment during the summer months. When the City acquired this land, It was understood that Dolphin Run desired to continue leasing the land each summer until the City was ready to use It for future City projects. This parcel will be used by Dolphin Run only. ■ Considerations: Each of the five (5) leases would be for a term of four (4) months, from May 15 to September 15 (the "Lease"). The City has a thirty-day (30) termination clause in the event that the City needs the land prior to the termination of each Lease. For more specific terms, see the attached Summary of Terms. L Public Information: Advertisement of Public Hearing. Public information will also be provided through the normal City Council agenda process. L Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. 5 Recommendation: Approval f Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: r1.0 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A FOUR-MONTH 3 LEASE FOR THE SUMMER OF 2022 AND FOR 4 EACH OF THE NEXT FOUR SUMMERS WITH 5 DOLPHIN RUN CONDOMINIUM ASSOCIATION, 6 INC. FOR CITY-OWNED PROPERTY LOCATED 7 AT 3rd STREET AND ATLANTIC AVENUE 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of that 10 certain 0.09 acre parcel of land located at 3rd Street and Atlantic Avenue, Virginia 11 Beach, Virginia (GPIN: 2427-32-0138) (the "Premises"); 12 13 WHEREAS, the City and Dolphin Run. Condominium Association, Inc. 14 ("Dolphin Run"), a Virginia non-stock corporation, desire to enter into a new lease 15 agreement for use of the Premises; 16 17 WHEREAS, Dolphin Run has agreed to pay the City rent in the amount of 18 $4,320 for use of the Premises from May 15 to September 15, 2022; 19 20 WHEREAS, the City expects that it will enter into similar leases with 21 Dolphin Run for each of the next four summers, with a three percent (3%) 22 escalation in rent, compounded annually, for each; and 23 24 WHEREAS, the Premises will be utilized as an overflow parking lot for the 25 registered guests of Dolphin Run, and for no other purpose. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to enter into a four-month 31 lease for the summer of 2022 and for each of the next four (4) summers, 32 between Dolphin Run Condominium Association, Inc. and the City for the 33 Premises, in accordance with the Summary of Terms attached hereto as Exhibit 34 A and made a part hereof, and such other terms, conditions or modifications as 35 may be acceptable to the City Manager and in a form deemed satisfactory by the 36 City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 39 , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Lit act wkAw.4( A 06 City Attorney Public Work Facilitie Management CA15604 11vbgov.comldfs1 lapplicaUons\cltylawlcycom 321wpdocs1d0101p043100781974.doc R-1 March 22, 2022 EXHIBIT A SUMMARY OF TERMS OF EACH LEASE FOR 2022, 2023, 2024, 2025, 2026 LEASE FOR THE USE OF 0.09-ACRES OF CITY-OWNED PROPERTY LESSOR: City of Virginia Beach (the "City") LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the intersection of 3rd St. and Atlantic Ave. (GPIN: 2427-32-0138) TERM: Each lease will run from May 15 through September 15 RENT: $4,320 for the initial four (4) month term; increased by 3% each Optional Renewal Term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for overflow parking for guests and for no other purpose. • Maintain the Premises from May 15 through September 15. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: • May access the Premises at any time, without prior notice to Lessee, in the event of an emergency or public necessity. • May require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' prior notice if needed for public purposes. • May grant easements and rights-of-way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease upon thirty (30) days' prior written notice to Lessee. 00 O M ~ �Cp r . r 7 e _� _ � V ::_ 1[1 _ter . • , z' _ ;,',--_-- :... —.,..,,t,..-,. -,,'....sz>,,:s.-'-.‘\,.*V A . - , _ ii 40 ire r , 0 a' GSA , t�'' _fty < N a ,. a - sue-- ,,,L, ; = 0 0 J . s li. „ c i 1 t i''' .,...it, ...,,,,. , T" Z vru cu / ----, .,,---.., t't I^b3Lrntri N c - _. g y it' aw _ �' _ "" . Q - �': r- c J ._ .-" 0 - }i r f h 4 O Ce '.:- " 3AV 1A1'1';1 __--_'_ - plig' !r is klp0$ �- Disclosure Statemen c , �inia!.teach Planning &Commune Development 1 l • • 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 1. r c5 1) l b\Q hCI)1 (Zuh Cvreo tn,hia's-- ,l 1SStG I LLe_ Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. (Dte Ars Cict--\-t-_s 1S1 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? L�J Yes ❑ No PP P P P rP • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) .��- �N1:`�� :ea►t�e�1 u tz Nci:), ,-L�;C�.`1�resac en�r c",,.o -- .Stu(Aare }fit .� � R— t J J CQ. 'C��\L'��.k1� 1�aS � � �e can _ s-v (. � i C��n1,it, ( - �2a,-icic4`k1 • 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. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i P a g e 1::: • 9 F}. ( -•,aBaxh _ $ i't : Community .. . - 1)�� elopment . . .-..-- . s. its._- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beac ave an interest in the subject land or any proposed development contingent on the subject public action? ❑ 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 c nnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes E 1 o • If yes,identify the financial institutions providing the service. 2. Does the applica have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 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 returnn rovided 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. S \ ?c elrti) —I Si - -\-6 - {o0ao 4. Does the applicant have services from an architect/landscape architect/land planner providin connection with the subject of the application or any business operating or to be operated on theproperty?❑ Yes No • If yes,identify the firm and individual providing the service. 5 is there any other pending or proposed purchaser of the subject property? ❑ Yes No • if yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement r c_ CL'y of t:rginia lJcarh a Planning&Community xY ,r Development 6. Does the applicant have a construction contractor connection with the subject of the application or any business operating or to be operated on the property? 0 Yes o • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conne n 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. S. is the applicant receiving legal services inn nection 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. Applicant S le?). f ed "Pr g-r5 Q Print Name and Title 03 )'2o- L- 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 • Revised 11.09.2020 Wage \., y c., ry\� .:.; ` .J ..,.:,:....... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Enter into a Lease for One (1) Year, with Four (4) One-Year Renewal Options, with C.B.M. Co. (t/a Schooner Inn) for City-Owned Property Located at the Intersection of 2nd Street and Atlantic Avenue MEETING DATE: April 5, 2022 r Background: The City of Virginia Beach (the "City") owns two (2) parcels of land consisting of approximately 15,000 sq. ft. (0.34 acre) located at the intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427- 31-3918)(collectively,the"Premises). C.B.M. Co. (t/a Schooner Inn) ("Schooner") has been leasing the Premises since 2007 and desires to continue leasing the Premises solely for parking for registered guests of the Schooner Inn. f Considerations: This lease would be for a term of one (1) year, with four (4) one-year renewal options. Schooner has agreed to pay the City rent In the amount of$3,402.77 per month ($40,833.24 annually) for the initial term, with a three percent (3%) escalation each year thereafter. The City has the right to terminate the lease upon ninety (90) days' written notice. See attached Summary of Terms for more specific terms. k_ Public Information: Advertisement of Public Hearing. Public information will also be provided through the normal City Council agenda process. r Alternatives: Approve terms of the lease agreement as presented, change the terms of the lease agreement or deny leasing the Premises. Recommendations: Approval I Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/ Facilities Management City Managerte9 , 941.) 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, WITH C.B.M. CO. (T/A SCHOONER INN) 5 FOR CITY-OWNED PROPERTY LOCATED AT THE 6 INTERSECTION OF 2ND STREET AND ATLANTIC 7 AVENUE 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of two (2) to parcels of land totaling approximately 15,000 sq. ft. (0.34 acre), located at the 11 intersection of 2'id Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31- 12 3918)(collectively, the "Premises"); 13 14 WHEREAS, C.B.M. Co. (t/a Schooner Inn), a Virginia corporation, 15 ("Schooner'') has leased the Premises from the City since 2007, and desires to 16 continue leasing the Premises; 17 18 WHEREAS, Schooner desires to enter into a new lease agreement for the 19 Premises for a term of one (1) year, with four(4)one-year renewal options; 20 21 WHEREAS, Schooner has agreed to pay the City $3,402.77 per month 22 ($40,833.24 annually) for the use of the Premises for the initial term, with a three 23 percent(3%) escalation each year thereafter; and 24 25 WHEREAS, the Premises would continue to be utilized for hotel guest 26 parking, and may be sublet only with the written consent of the City. 27 28 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for the term of 32 one (1) year, with four (4) one-year renewal options, between C.B.M. Co. (t/a 33 Schooner Inn) and the City for the Premises, in accordance with the Summary of 34 Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, 35 conditions or modifications as may be acceptable to the City Manager and in a form 36 deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 39 day of , 20 APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ai,4-a,k4,414,4,4,767 City Attorney Public Wor /Facilitiet Management CA15603 1\vbecv.corn\DFS11Appi lea tic=\City AwProdtcyCom321Wpdocs1D031\P006\00004471.DOC R-1 March 22, 2022 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 2ND STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: C.B.M. Co. (t/a Schooner Inn) PREMISES: Approximately 15,000 sq. ft. (0.34 acre) of City-owned property located at the intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427- 31-3918). TERM: May 1, 2022 through April 30, 2023, with four(4) one-year renewal options (the "Term"). RENT: $3,402.77 per month ($40,833.24 annually)for the first year and escalated by three percent (3%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for registered guests of Schooner Inn; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason upon ninety (90) days' written notice. f 1 -, lrl 5 1 kt r l + + CR , : _ „_ LOCATI = A� r � f .'", _ Ism r_ _ l/ 4' Ag/ ' , \I • mom W- - l \\ ,, / 3go SI '- °13: - . , i„,.,..,,___ • 101111116. , / ' ( VICI 299—' - '- '4fli\ \I\ 1 Sl 11.— —\,—,—r—\ L .3g0__,------ I 55 _ ! \.__.—. , , 1 YfS _a r� I !i r' r - 1 it •7r • \ , \ - '-- - \ i 1:7.1'? \ 1 • -\---) \Ilk\ • \\-------------_—-• — \ 1\1,,, ,j , .. -. . ....}.4 • .*%:-..,..- \ , \,?,,\ •::::::::::::::40..56,4•Yz44:::: 1\ \ , •••••?.',..":44:,-.',- .":' :gr**,':;*-:*;.0$?5,:'".% \\:\\\,\. \ Iffo,,, ...._._ __..".______ ---- _Agcs, __ ',,..,,,, ,. -4 �._ - T1- Proposed- 0 • rn• r \'‘, .\\, ' i\a Lease Area a t : _ (GRINS: 2427-32-3003 . ''' . 1 ° • `tip,', and 2427-31-3918) ` s.1' r r ...J.IP.4 M Disclosure StatementAB r;:y q`l zr.nc$e . 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 G.. 6. /"C . Co . ' 5-c o sr . Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. Y7cI. Yi1 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?eif Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 12.og i T- �t>GLrYZ "2 �n i-`�,D��,lT -' c._71>y'rc;s7L /14/1lZL/ 1/ L ; 7v 7t Fk1 itt1Ly Ti ..1 S G 1-( (2 t 5 .5 �rYL : 12 ,. VI c.; i/'�. r Pu r C. R it_ gip:.=12 5 Z. S�2 r. /and% • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. Z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 ( Page Disclosure Statement f ringraic Box:: 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 gNo • 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 )ii(No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 'No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?,'Yes ❑ No • If yes,identify the firm and individual providing the service. "vtf ur"S"T j- 1 ../r1 Ai 1 q` £r M i L 1-(4 C /J , L C PiQ L 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 Ago • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?)ap Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. A, �.v j i c�Z �JZ i'N--717"J ` _ i o 5 ii=1-1. Ha ! 't'") S�i-✓ "7-c, Revised 11 05.2020 2 I 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? 0 Yes tkNo • 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 gNo • If yes,identify the firm and individual providing the service. S. 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 taitlo • 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. /L- Applicant Signature r2 ca Print Name and Title g ~ 2 cJ Z — Date Is the applicant also the owner of the subject property?,fYes ❑ 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 I that pertains to the applications • No changes as of Date Signature Print Name Revised 11 09 2020 3 l P ?g e fp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Amend the Cost Allocation Agreement Between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads MEETING DATE: April 5, 2022 • Background: On May 4, 1999, the City Council voted to authorize the City Manager to execute the Cost Allocation Agreement ("the CAA") between Hampton Roads localities and the Transportation District of Hampton Roads. The CAA is the governing document of Hampton Roads Transit("HRT')and can only be amended by the unanimous agreement of all parties involved. As part of this document, operating assistance from the federal government and from the Commonwealth of Virginia can only be allocated to each city in the HRT system based upon that city's share of the service operated by HRT in a given year. On June 16, 2020, the City Council voted to grant the City's concurrence to an amendment to the CAA for FY 2020-21. While that amendment was focused on dedicated funding, one component enabled HRT to assign federal and Commonwealth dollars based upon need rather than a pre-arraigned per-city formula. This assignment is known as "strategic allocation." Since the original adoption date of the amendment to the CAA on June 16, 2020, the City Council voted to extend the amendment to the CAA on April 21, 2021, to cover FY 2021- 22 as the pandemic and its impacts continued. The public health emergency has particularly impacted mass transit, due to concerns about close contacts in limited space areas. In response to the economic hardship facing mass transit providers nationwide, the United States Congress set aside, in multiple legislative enactments, relief funds to support transit operations during the pandemic. Thus, HRT has been able to use the strategic allocation power authorized by the amendment to the CAA in applying federal relief funds to offset ridership declines and cover service costs. The amendment that was adopted April 21, 2021, will expire at the conclusion of this fiscal year. As some pandemic impacts will continue into FY 2022-23, and federal funds are authorized to mitigate such impacts, there is a need to continue strategic allocation into FY 2022-23. HRT has requested that the member cities adopt a new resolution to again supersede the traditional allocation formula and allow for strategic allocation in FY 2022- 23. This action will provide financial safeguards, both in the consideration of HRT's FY 2022-23 Budget and particularly throughout the year, should actual farebox collections come in lower than projections. Using federal relief funds to cover pandemic impacts to farebox revenues is intended to avoid the City becoming the funder of last resort should such revenues underperform the HRT's FY 2022-23 Budget. • Considerations: This resolution must be agreed upon by every city in HRT's service area to become effective. If any city refuses to adopt the resolution, the CAA will remain as is. HRT has requested that all member cities adopt this resolution by May 1, 2022. Without an Amendment to Strategically Allocate: • Federal aid covering net operating expense could not be applied dollar-for-dollar based on the individual locality's farebox losses. • As localities are directly impacted by service reductions, a credit is calculated based on lost service. A dollar-for-dollar credit would not be possible without strategic allocation. • As payer of last resort, localities would cover potential farebox losses, creating more budgetary uncertainty. • Due to the pandemic and loss of drivers, HRT has adopted a service reduction plan and returned money to the cities. Without the CAA, this would not have been possible. Without the use of strategic allocation over the last three fiscal years the City would have been responsible for additional true-up payments to HRT. Though the budgeted amount to HRT will increase by 1.5% ($122,000) in FY 2022-23, using strategic allocation helps to ensure that there will not be a significant true-up at the end of the fiscal year. The traditional allocation model has no mechanism for service credit or to cover loss of farebox revenue. • Public Information: Normal City Council agenda process. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Planning and Community Development, Budget and Management Services City Manager: A _ 1 A RESOLUTION TO AMEND THE COST ALLOCATION 2 AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE, 3 HAMPTON, NEWPORT NEWS, NORFOLK, PORTSMOUTH, 4 VIRGINIA BEACH,AND THE TRANSPORTATION DISTRICT 5 COMMISSION OF HAMPTON ROADS 6 7 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 8 Portsmouth and Virginia Beach (collectively, the "Participating Cites") and the 9 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost 10 Allocation Agreement, effectively dated October 1, 1999 ("Allocation Agreement"); and 11 12 WHEREAS,the Allocation Agreement,among its other provisions,defines how state 13 and federal funding received by HRT is allocated to the Participating Cities for the capital 14 and operating costs associated with acquiring, consolidating, rehabilitating, operating and 15 expanding public transportation facilities and services for the Hampton Roads region; and 16 17 WHEREAS,the Allocation Agreement currently requires HRT to distribute its eligible 18 federal and state funding to each Participating Cities on a pro rata basis based on the 19 annual cost to provide transit services at the level requested by each Participating City;and 20 21 WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities 22 through strategic allocation of its eligible state and federal funding; and 23 24 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 25 allocate its state and federal funding amongst the Participating Cities; and 26 27 WHEREAS,the Allocation Agreement may be amended, via a resolution from each 28 Participating City, to permit HRT to strategically allocate its eligible state and federal 29 funding; and 30 31 WHEREAS,the City of Virginia Beach desires to temporarily modify and amend the 32 Allocation Agreement so that HRT may help mitigate adverse financial impacts to it and the 33 other Participating Cities from the date of this Resolution until June 30, 2023; and 34 35 WHEREAS, HRT and other Participating Cities have represented that Article IX, 36 Allocation of Revenues, sections(D)and (E) are not deleted permanently but suspended 37 between July 1, 2022 and June 30, 2023,, and Virginia Beach has relied upon this 38 representation; and 39 40 WHEREAS, Virginia Beach's approval of this amendment is conditioned upon Article 41 IX, Allocation of Revenues, sections (D)and (E) being suspended one year and returning 42 to effect on July 1, 2023; 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA THAT: 46 47 1) Beginning July 1, 2022 and continuing until June 30, 2023 ("Effective Period"), 48 which corresponds with HRT fiscal year 2023, HRT is authorized to strategically 49 allocate its available and eligible federal and state funding to the City of Virginia 50 Beach. 51 52 2) During the Effective Period, the City agrees to modify the Allocation Agreement. 53 Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and 54 replaced as follows: 55 56 Article IX. Allocation of Revenues 57 [* * *] 58 D. Federal funds received to reimburse net eligible operating expenses will be 59 strategically allocated to each Participating City. Eligible federal funds, in 60 combination with eligible state funds, will be allocated on an annual basis, in such 61 combinations and amounts to be determined by the Commission. Subject to the 62 requirements of Article X, and in the event eligible federal funds are available, such 63 funds will be allocated to the Participating Cities to offset any deficiencies between 64 the estimated Local Share in each Participating City TSP and the actual Local Share 65 determined by the Commission at the end of each of the fiscal year. 66 67 E. State funds received to reimburse net eligible operating expenses will be 68 strategically allocated to each Participating City. Eligible state funds, in combination 69 with eligible federal funds, will be allocated on an annual basis, in such 70 combinations and amounts to be determined by the Commission. Subject to the 71 requirements of Article X, and in the event eligible state funds are available, such 72 funds will be allocated to the Participating Cities to offset any deficiencies between 73 the estimated Local Share in each Participating City TSP and the actual Local Share 74 determined by the Commission at the end of the fiscal year. 75 76 3) During the Effective Period, the City agrees to modify Article X, Calculation of 77 Local Share of Operating Costs, of the Cost Allocation Agreement and add 78 section (C) as follows: 79 80 Article X. Calculation of Local Share of Operating Costs 81 [* * *] 82 C. The fiscal year of the Commission shall begin on July 1 and conclude on June 83 30. In the event the actual total local share of Local Funds is less than the budgeted 84 total local share of Local Funds for a Participating City, after the Commission has 85 strategically allocated federal and state funds in FY2023 ("Surplus"), then such 86 Surplus shall be refunded in full by the Commission to that Participating City on or 87 before August 1, 2024. 88 In the event the actual total local share of Local Funds, exceeds the budgeted total 89 local share of Local Funds for a Participating City, after the Commission has 90 strategically allocated federal and state funds in FY2023("Deficit"), then such Deficit 91 shall be paid in full by the Participating City to the Commission on or before August 92 1, 2024. 93 Except for the obligation for the Commission to pay any Surplus to the City of 94 Virginia Beach or the City to pay any Deficit to the Commission for FY2023, all 95 amendments to the Allocation Agreement contemplated by this Resolution shall 96 automatically terminate on July 1, 2023, be deleted from the Allocation Agreement 97 and of no further effect without the need of further action by any party to the 98 Allocation Agreement. 99 100 4) That this Resolution shall be in effect from and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the_ day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services C. n 0 ice APPROVED AS TO CONTENT: Planning and Community Development CA15740 R-1 March 24, 2022 r U (c; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Unimproved Portion of Singleton Way (Formerly Princess Anne Road), S. Witchduck Road (Formerly Kempsville Road) and Princess Anne Road (Relocated) Adjacent to the North, East, and Southeast Sides of the Parcel Identified as GPIN: 1466-78-3845 (PARCEL "D") MEETING DATE: April 5, 2022 ■ Background: As part of the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931 , the City of Virginia Beach (the "Applicant") altered the alignment of each of these roadways, and the intersection was relocated to the south of the former location. A portion of Kempsville Road, south of the former intersection is now known as S. Witchduck Road. Additionally, with the shift of Princess Anne Road to the south, the portion of Princess Anne Road to the west of the former intersection is now known as Singleton Way. On April 22, 2014, by Ordinance ORD-3345B, City Council approved the Applicant's request to close portions of the above streets, subject to the following conditions being met by April 22, 2015: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant, or its successors or assigns, shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. City Council extended the time to meet the conditions by Ordinances ORD- 3404C, ORD-3448D, ORD-3499D, ORD-3584Q, and ORD-3650Y, with the last extending the date to meet conditions to on or before April 22, 2022. The area proposed for closure and the adjacent parcel are currently under contract to be sold to Princess AnnelWitchduck Associates I, LC for development. The buyer is working to complete the subdivision plat incorporating the area proposed for closure into the adjacent parcel. This process requires the buyer to finalize relocation of the existing private utility facilities (Virginia Natural Gas and Verizon) within the area proposed for closure. The timing of the utility relocations Is unclear and outside the City's and the buyer's control. As such, staff is unclear whether condition three (3) will be met prior to the deadline and seek an extension to meet the conditions as a cautionary measure. Consequently, the Applicant Is requesting additional time to satisfy the conditions. Staff concludes that the request for one additional year to satisfy the conditions is reasonable. • Recommendations: Allow an extension of one year for satisfaction of the conditions. w Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: (1)P9 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED PORTION OF 4 SINGLETON WAY (FORMERLY PRINCESS ANNE 5 ROAD), S. WITCHDUCK ROAD (FORMERLY 6 KEMPSVILLE ROAD) AND PRINCESS ANNE 7 ROAD (RELOCATED) ADJACENT TO THE 8 NORTH, EAST, AND SOUTHEAST SIDES OF THE 9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845 10 (PARCEL "D") 11 12 WHEREAS, on April 22, 2014, City Council acted upon the application of 13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way 14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 16 17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the 18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and 19 Princess Anne Road, subject to certain conditions being met on or before April 22, 20 2015; 21 22 WHEREAS, on April 21, 2015, the Applicant requested and was granted 23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the 24 conditions attached to the aforesaid street closure action; 25 26 WHEREAS, on April 19, 2016, the Applicant requested and was granted 27 (by Ordinance ORD-3448D) an extension of time to April 22, 2017; 28 29 WHEREAS, on April 18, 2017, the Applicant requested and was granted 30 (by Ordinance ORD-3499D) an extension of time to April 22, 2019; 31 32 WHEREAS, on April 2, 2019, the Applicant requested and was granted 33 (by Ordinance ORD-3584Q) an extension of time to April 22, 2021; 34 35 WHEREAS, on March 16, 2021, the Applicant requested and was granted 36 (by Ordinance ORD-3650Y) an extension of time to April 22, 2022; 37 38 WHEREAS, the Applicant has requested an additional one-year extension 39 of time to satisfy the conditions attached to the aforesaid street closure action; and 40 41 WHEREAS, the adjacent parcel, together with the area proposed for 42 closure, is currently under contract to be sold to Princess Anne/Witchduck 1, LC (the 43 "Buyer") for development; 44 45 GPIN: Right-of-way / no GPIN assigned 46 Adjacent to GPIN: 1466-78-3845 47 WHEREAS, the Applicant, or its successors or assigns, is responsible for 48 assessing private utilities in the area proposed for closure and providing easements 49 satisfactory to the utility companies as needed; and 50 51 WHEREAS, the Buyer is coordinating with private utility companies in order to 52 address facilities in the area proposed for closure; however, this process is not 53 expected to be complete prior to expiration of the time to meet all conditions of the 54 street closure. 55 56 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 57 Beach, Virginia: 58 59 That the date for meeting conditions of closure as stated in the Ordinance 60 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 61 is extended to April 22, 2023. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this 64 day of , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: out , 01A-A City A tmeyL Planning Department CA15600 llvbgov.comldfs 1\applications\citylaw\cycom321wpdocs1d 0041p036\00709051.doc R-1 March 22, 2022 EXHIBIT A P -1 NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF _ PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT (28,095 SQ. FT., 0.645 AC.) OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT 6144 INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. (/_0 E7bn,.ti 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS �yF,Q�` 4 V� PROPERTY. A=88.85' ('yB •Y'� '4/ ' 4* _ ipA, ESSgN ti q =76'3524" /it/S 2 ' (VaiB, NE,Qpy k' O`302 76 P 'q0J o W S 07'22'22'7 W P 80031SS7 `�¢J p p"� ' 9.85' ROPOSE , top 0 V , S R �/N� ham°' N 6;i7' t 44 _� Af'.r E II It II N 82'35'38" E �� .� ?� E Q k 4 p 101.83' S 82'30' , Si A=98.88' , 80.07' *1ArAir��♦`�! 24\ v�R=725.00 " r� C9A=36.78' ♦♦♦♦♦4 co L1 =7.4852� N- Z R= 678' ' ♦♦�♦♦t� ryry PARCEL 'E' N/F �� p=3'07'40" �♦•♦� * +�* EMMANUEL PROTESTANT a W A=38.08' + ,�' tl EPISCOPAL CHURCH m R=32.00', n `%i♦♦ N •��414' h ��' OF KEMPSVILLE o=68'11 22 ,>N�1,0 o� 1466-78-0931 A=37.66 EXISTING _ .. co R=75.00 --� •R/W LINE ♦.♦ 1 :2L =28'46'03" , 3'N �. ♦4 �i O - O ^ •• 1 rq 3 a .Coc\il., 4 OQ ' h 010 & a .ry �.,)vnJ � h • � �c 1 • o u_coo mc,, •� N JQ . 4N v) n 4 (oC) z 1 � / �� w L') 1 1 101 4 � v 7\_ t & / , 5'E d51 N 40'20'28" E 6.90' �, ' "Icy Icy S 152133 W ` _N i 1'.- ,4, N 40'20 28" E 18.97' ► 3.85' As 1 42.35• 952 "� A=38.15' A=104.39' 105.78, S 6 5 2 R=8Z50' R=1122.50' 12 ' A =24'58'55" A =5'19'43" 1�13't A=6.43' N8071,46. h' PRINCESS ANNE ROAD N 49'39'32" W 4.00' (RELOCATED) N VAR R/W N S 4020'28" W 31.26' (INST 20090519000553070)(INST 20091019001219680) A=45.15' AREA CLOSURE 'D-2' (INST 20100203000113230)(INST 201004090003293 AREA OF PROPOSED STREET 50) R=43.50' (1,931 SQ. AC.) (INST 20100507000436780)(M.B. 114, P. 21) A =59.27'51" STRUT CLOSURE BIZ' SHEET 1 OF 1 - OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY k-its7 ra..\ (FORMERLY PRINCESS ANNE ROAD) AND AS. 1rITCHDUCK ROAD (RTE 190) --r 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) 1 (PUBLIC RIGHT-OF-WAYSXINST No 20130315000305320) nd inttxture VIRGINIA BEACH, VIRGINIA Exclusively for Civi Engineering .°°", 757.431'1041 CITY OF BEACH 2 IS I6 Rill STE 8 VRIW ffAgt M 23452 SCALE: 1" = 100' 04 FEBRUARY, 2014 TMF/els CITY OF VIRGINIA BEACH, VA I F.B. P. I PLAT: I JN:213-0160 [_CAD/0hk J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River, located at the rear of 2601 Sandy Valley Road MEETING DATE: April 5, 2022 • Background: The C. Todd Mayo Revocable Living Trust and the Stephanie Mayo Revocable Living Trust (collectively, the "Applicants") have requested permission to construct and maintain a 40' x 31' wood pier addition over an existing pier, and to maintain an existing 17.7' x 17.7' boat lift and 30.4' x 22.8' floating pier and gangway (collectively, the "Encroachments") into City-owned property adjacent to the Chesopeian Colony neighborhood known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River, located at the rear of the Applicants' property at 2601 Sandy Valley Road (GPIN: 1497-67-3682). • Considerations: City staff reviewed the Encroachments and recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the same City-owned property. • 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 Dep ment/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BOAT BASIN 7 AND DRAINAGE AREA OF THE 8 EASTERN BRANCH OF THE 9 LYNNHAVEN RIVER, LOCATED AT THE 10 REAR OF 2601 SANDY VALLEY ROAD 11 12 WHEREAS, Todd Mayo, Trustee of the C. Todd Mayo Revocable Living Trust 13 and Stephanie Mayo, Trustee of the Stephanie Mayo Revocable Living Trust(collectively, 14 the "Mayo Trusts") have requested permission to construct and maintain a 40' x 31' wood 15 pier addition over an existing pier, and maintaining an existing 17.7' x 17.7' boat lift and 16 30.4' x 22.8' floating pier and gangway(collectively, the "Encroachments")within the City's 17 property known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven 18 River, located at the rear of the Mayo Trusts' property at 2601 Sandy Valley Road (GPIN: 19 1497-67-3682); and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property subject to such terms and conditions as Council may 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 Mayo Trusts, their heirs, 30 assigns and successors in title are authorized to construct and maintain the 31 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A 32 ENCROACHMENT REQUEST FOR AN EXISTING PIER, FLOAT, GANGWAY AND 33 PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY FOR C. 34 TODD MAYO REVOCABLE LIVING TRUST ET ALS. 2601 SANDY VALLEY ROAD 35 VIRGINIA BEACH, VA 23452," having a Scale of 1" = 50', dated February 1, 2022, and 36 prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as 37 Exhibit A, and on file in the Department of Public Works and to which reference is made for 38 a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 41 to those terms, conditions and criteria contained in the agreement between the City of 42 Virginia Beach and the Mayo Trusts (the "Agreement"), an unexecuted copy of which has 43 been presented to the Council in its agenda, and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Mayo Trusts and the City Manager or his authorized designee execute the 51 Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 161-?t3Zi WOR , REAL ESTATE fr, -DANA . HARNtEYEI SENIOR CITY ATTORNEY CA15593 R-1 Prepared: 3/4/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d011\p040\00789140.doc ___.... .40CD—�_ E.B. OF LYNNHAVEN RIVER REF: M.B. 44, PG. 18 -53 8 20_000 PROPOSED PIER ADDITION - (DIMENSIONS ON PAGE 2) , - EX. FLOATING PIER&GANGWAY EX. PIER EX. BOAT LIFT - - G- \/11.-:`c:%--,- '''' P' lit /- '''''' OR P`N PS\N PGR EP�N '�/ �r �- S 23°38'39"E g 5� 8 �0 gGP -3, g. G,N�002�69 I' 113.92' �R4EG �D� OF 22$0G 1$ / Z z ROS S GV�� 0\�0�, P LOT 129 m z N IF S-. 2 8. � �N/F C.TODD MAYO i o 13 \N �; REVOCABLE LIVING I TRUST ET ALS. N o -. O-I r GPIN: 14976736820000 ; * . V - o INST:20101018001098530 cn rn F- - M.B. 44, PG. 18 pow = o Z \l ,\ � D ' O il CD Op o pcm O < N v 0 .�� j p C) z N x w � °0zo �,9. 'rs 2 STORY FRAME oD- O u.i co • p I #2601 ' 0o°- I-- en _ 'O13V0N C,v -J °o (A C) D w rlh �' QJ Nor c �b�. O = N ' /, LTH OF p ci m r� i 1� z n o -c R=ao.oeA/A.\ Gym,Z L=2'. 9' J opo ' U /',�o GREGORY 0. MILSTEAD Q �` Lic. No. 047323 z rr / ' z cc o o ��6I ONA L E��ti L.L. o cn SANDY VALLEY ROAD (40' R/W) w N. v REF: M.B. 44, PG. 18 <t EXHIBIT A N fillailaiellimminimi 0 50 100 ENCROACHMENT REQUEST FOR N AN EXISTING PIER, FLOAT, GANGWAY AND 0 1" = 50' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. P.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 1 OF 2 VIRGINIA BEACH,VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 '39111411 ��R vN REF: M.B. 44, PG. 18 � � ��NNP B. OF Ee82 ,.000 ""- _ ____ --\ 1 o Lo R�0N ��C - 2b OGE G $R� PROPOSED PIER ADDITION , - - 30.4' / C," P,G'V6.5' N \..,„3p6 AO 18.2' ' } �049.0k H • 111, O R eiCk\C) PEER \ ,� • EX 3' i i---- �\ 2 \ / 3.0' X 31p ��0-.GP w cn 3g' w - vn = EX. BOAT LIFT p� o,p 0 EE J Q LOT 129 N/F C. TODD MAYO (.3REVOCABLE LIVING Vr''1'TH CF Ir ' TRUST ET ALS. g -r -r- - GPIN: 14976736820000 �•�' F INST:20101018001098530 - 1"-, 0 8001098530 O D M.B. 44, PG. 18 GR ORY 0.MILS EAD ' zo Lic. No. 047343 1- t (C.I 904 4, cc I ONA L E w X Ili EXHIBIT A 1 N 0 120 40 ENCROACHMENT REQUEST FOR I 6imamAN EXISTING PIER, FLOAT, GANGWAY AND 0 1" - 20' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. P.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 2 OF 2 VIRGINIA BEACH, VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) AGREEMENT, made this J"/JCV THIS day of 202 Z, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", TODD MAYO, TRUSTEE OF THE C. TODD MAYO REVOCABLE LIVING TRUST DATED OCTOBER 14,_2010 and STEPHANIE MAYO, TRUSTEE OF THE STEPHANIE MAYO REVOCABLE LIVING TRUST DATED OCTOBER 14, 2010, THEIR ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "129," as shown on that certain plat entitled: "SUBDIVISION OF CHESOPEIAN COLONY SECTION THREE LYNNHAVEN MAG DIST., PRINCESS ANNE CQ., VA," prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 44, at page 18, and being further designated, known, and described as 2601 Sandy Valley Road, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to construct and maintain a 40' x 31' wood pier addition over an existing pier, and maintain an existing 17.7' x 17.7' boat lift and 30.4' x 22.8' floating pier and gangway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS BOAT BASIN AND DRAINAGE AREA EASTERN BRANCH OF THE LYNNHAVEN RIVER (NO GPIN ASSIGNED) 1497-67-3682 (2601 SANDY VALLEY ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as the Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR AN EXISTING PIER, FLOAT, & GANGWAY AND A PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY FOR C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. 2601 SANDY VALLEY ROAD VIRGINIA BEACH, VA 23452," having a Scale of 1" = 50', dated February 1, 2022, and prepared by Chesapeake Bay Site Solutions, 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 attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee 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, C. Todd Mayo, Trustee of the C. Todd Mayo Revocable Living Trust Dated October 14, 2010 and Stephanie Mayo, Trustee of the Stephanie Mayo Revocable Living Trust Dated October 14, 2010, 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 C. TODD MAYO REVOCABLE LIVING TRUST DATED CTOBER 14, 2010 By C. odd Mayo, Trustee STEPHANIE MAYO REVOCABLE LIVING TRUST DATED OCTOBER 14, 2010 By Stephanie Mayo, Tru ee STATE OF CITY/COUNTY OF \Jr9 inh0„ L@Q ck , to-wit: The foregoing instrument was acknowledged before me this 7�h day of rd , 202 2 , by C. Todd Mayo, Trustee of the C. Todd Mayo Revocable Living Trust dated October 14, 2010. 1111./1 )\93-, (SEAL) No ary Public Notary Registration Number: )9 y qs a' ��y; ° -' i'�� ;• • My Commission Expires: 3 I3) 12024 e f 1' e q ` • r ♦ l STATE OF •�� CITY/COUNTY OF Jir inlq cch , to-wit: y,''�'`%:��'_"'��•,�'` ��llll �la { ` The foregoing instrument was acknowledged before me this 7 +h day of nQrc , 202 Z. , by Stephanie Mayo, Trustee of the Stephanie Mayo Revocable Living Trust Dated October 14, 2010. t h (SEAL) Notary Public + ,'0 0611it/left .,. Notary Registration Number: I kioi 5� L.+t* �'�R,4G• �„�•!'.,, My Commission Expires: 1)13f 17 b2 y my £�c; APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM b ° I • P BL O'r S/REAL ESTATE �r' DAN . H RMEY SENT CITY ATTORNEY 8 C41460i) ,-- E.E. OF LYNNHAVEN RIVER REF: M.B. 44, PG. 18 Egg2F000 PROPOSED PIER ADDITION - (DIMENSIONS ON PAGE 2) ,-' EX. FLOATING PIER &GANGWAY - EX. PIER EX. BOAT LIFT / '• ;� .2, CV\C- i1t zr,\fr. illi _ ___ RP\NPG j/ -.. PS\N PGR�Os " _/ _�` / 8 5-- 8 1� -- S 23°38'39"E 0G P 5, 9�RG\n`OP2569 113.92' o \oN �I oo $ / I z RE`-',R SEGG.c. 30�2 PG. 1 C LOT 129 0 Z -7, NIA S1 4 ;. +.�N/F C. TODD MAYO �, -0 \N i� REVOCABLE LIVING TRUST ET ALS. ti Po o O� r GPIN: 14976736820000 ; o v -< o i INST:20101018001098530 cn co — M.B. 44, PG. 18 pow = co O -PD O io 00 L. 1 _ rn o o CN vo`: (/) ry Wo ' 2 STORY FRAME Op 0 X 4ou � o #2601 N. 000. Cr) OI PPVD tv / \ C,d J (4 O W ti) h / Q M O r- s \ //, p, o • = N , �/ / 1,TH OF U m ^ /:/ 7 , -1)4/----)- k co rz.Z / �` L=2 9' `� r�, : j, °' / GREGORY 0. MILSTEAD _ o Lic. No. 047323 o Q %.4.,4 � G �022 �`�� ;1, -0CC o f SANDY VALLEY ROAD (40' RAN) ICNAL W o Z REF: M.B. 44, PG. 18 EXHIBIT A 0 50 100 ENCROACHMENT REQUEST FOR N N Wilammigusii CN AN EXISTING PIER, FLOAT, GANGWAY AND o 1" = 50' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. P.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 1 OF 2 VIRGINIA BEACH, VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 Ceid1414-4-) r- eR REF: M.B. 44, PG. 18 �N�NP E 3, _ rE6g2F�0oo A - -- - - \ 4 oNoo 2a 1O E ORES PROPOSED PIER ADDITION 30.4' - = /,��Pi LNG ,.�1g a 30— A° 18.2' O _-- \ \ e,0° i — E� R N, \ k::.se- - {X � 23 {11 T , \ 3. 4 0' 0 EsX GPNG V 31 u) C \,,... 39• w ii EX. BOAT LIFT = A0 0 0 Q LOT 129 N/F C. TODD MAYO 1,TH Op U / I REVOCABLE LIVING ' l�f Z ' ' TRUST ET ALS. I �A GPIN: 14976736820000 I °1� INST:20101018001098530 O •� y Cl) M.B. 44, PG. 18 .) GR ORY 0. MILS EAD zz Lic. No. 047343 U 1- iP ( I ia2i 44' I .'fib'jONAL I 1— EXHIBIT A N 0 120 40 ENCROACHMENT REQUEST FOR o 6.1.11111111Ballin AN EXISTING PIER, FLOAT, GANGWAY AND N 1" - 20' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. P.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 2 OF 2 VIRGINIA BEACH, VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 11 N i ti TI dr r s I I , .,, . it 0 , .-- t--- 01 >- w w'f.. F #04 .• II 0 1497-67-3682 Z A' SANDY VALLEY GD Ill ,s r xq t r 1 I V ` 7 �� LOCATION MAP 111 ENCROACHMENT REQUEST FOR C. TODD MAYO REVOCABLE LIVING TRUST Legend 2601 SANDY VALLEY ROAD GPIN 1497-67-3682 City Properties = -', .• r �7c >, ,, Feet D1497-67-3682 0 50 100 200 11172.1vorar4iliarinmiwtv W-© E aji� 'I .. S T - - VIRGINIAB NCH • I E 26A \r---' W �y ...I j ! 1 1497-67-36821 ___J A \4 SANDY VALLEY RD 1 1 I LOCATION MAP ENCROACHMENT REQUEST FOR C. TODD MAYO REVOCABLE LIVING TRUST Legend ,,,, 2601 SANDY VALLEY ROAD GPIN 1497-67-3682 City Properties '� ill Feet 111.1 1497-67-3682 i 0 50 100 200 .. ---- .- - .,. ,. ,..,.,,...,,,.., NI 1,Anrnn...:....4,.‘Apr. ra,...%Ar I.rnn AAA MCI 4AO7 c-7 ocd Virginia Marine Resources Commission VIRGINIA Photos for Permit Application 20210485 o Printed:Monday October 18, 2021 9:33 PM 81`Y t �Fso 4 Date Photo Taken:2021:03:15 13:18:21 ` �`' ' fif.,!...4 •- , - ." # . - t r, 1, 1 4 I ,pr+'- C ) Y' ,, '„A - _ ;pc, ` Date Photo Taken:2021:03:15 13:18:59 - .,fix A'' ";• ,} ., *! :. s '''''''' Niiik-.1.X.; ,....it '- -.:1"! ,s,-- ..,. MCP! ...or-.. 1. ,h.•-fie. lak ' g . • n - _ ' --- ileill"w' 4` ,i iinip opt via .. ,', = . ,-- : z.tea, ` 1 I" --_•ii _ -igroh'.7 � Lt 11M ,,.. „iar.,,, • aF i - t' Virginia Marine Resources Commission VIRGINIAz Photos for Permit Application 20210485 �\ 7., Printed:Monday October 18, 2021 9:33 PM k. ', 9 Date Photo Taken:2021:03:15 13:20:42 ft. tr. _ . Ak4 .._ . • , , __, 1-7`4.4e,.. ' ..i.A,,,, • • 'it'''. .,:. • z K -6,-- - i '--- a;41 -1.-- -' , ...i ...: t pin . 4114 , _, - - .I • Ilk Z‘11 .....er.!.. 4 IS/ ' 0 ../:/.- it -'� ,, an • ' 11 • 1 Vi3 ` .. City of Virginia Beach 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 C.Todd Mayo Revocable Living Trust CtIld Sqfpittajt,e y � Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Robert E Simon,Waterfront Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ■ Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) C. Todd Mayo - Trustee • If yes, list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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. 1lPage • • • - ' 11 ' I \B City of iritginio Beach Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? [XI Yes ❑ No • If yes,identify the financial institutions. 7, JP Morgan (We, 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? I Yes 0 No • If yes,identify the firm or individual providing the service. BDO - Norfolk 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2lPage Disc osure S C.'ify of Vugima Beach • - t. 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. Project out for bid. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the engineer/surveyor/agent. Waterfront Consulting, Inc.and Chesapeake Bay Site Solutions 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. Applicant Signature C.Todd Mayo Revocable Living Trust by C.Todd Mayo,Trustee Print Name and Title October 20, 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 3IPage SEE SHEET 2 E88 FOR DETAIL 0 (TIE LINE BASED ON LOW E WATER LINE AS SHOWN ON S Y F � E WE AN SAY. Ay pEN oo�K p "RESUBDMSION OF PART OF OAK Ly CRpAT Woo O CROATAN BEACH", JUNE, 1954) FGRNI nF VA i H lir Cr.1 • ilk •10,0 „ E N.B. 37, PG. 11) CO ' PG p 204 O APPROXIMATE MLW LINE NI.B �,Zp ••j 00.6 0� �SIN:242 F' ��� - pOING °AGP Woop P��EX A� Cp,P2' ,0' LOT 7 O rn ,,,osED , PG 53) '�WiM� 6.3 /�j � 103. t T{P\GN1 o y r,., I.N.20160623000537970 QC'' Q �\w ?` Q -5'1 5� 0 0 c' o ,56„w � V.?). APPROXIMATEL O \' o� o S16�5% N�R0.ev�-K D.H. (F) -4� ,..sot. of GG p PIN FOUND 0.4' OUT REVISED DREDGING LIMITS °°° OWL E Bp,--• APPROXIMATE TOP OF BANK N.B. 126, PG. 53) CONCR� D.H. (F DECK RAMP _ MIMI Li DECK , WALL RAMP— o f uIS •CANOPY DECK 1 NOW OR FORMERLY NOW OR FORMERLY = WALTER C. BARCO, TRUSTEE TIMOTHY D. MOODY o DECK COVERED OF THE WALTER C. BARCO I.N. 200408190132192 PAVILION LIVING TRUST LOT 16, PART OF I.N. 20150121000052880 CROATAN BEACH Li 18, PART OF M.B. 37, PG. 11 z 1-1 2 STORY CROATAN BEACH GPIN: 2426-29-7201 © M.B. 37, PG. 11 &N �a o BRICK DWELLING LA � CV #569 z�� o GPIN: 2426-29-7471 Cr c Mstl LT A H F � � � `c - - - -EM • O� � O Gr DO O �`�, v 2-CAR N :i Q co D.I. •WALL GARAGE O 0 M c • U DA •VP/4% LER Z :CONCRETE:DRWEWAY. `Ix c.No. 38395 Q :10. VEPC:O..EASEMENT. ••• '.. ' . . o op /,1g2 ,�'� (D:B... 1:912,:PG..268). . . .c.� H V 0 h �w Cr .�. • W •'L >- .1:11.1.1.1.1.1.1.1:11. . .:. .. . . .. • z . ti SRO A t� O? ONRY WALL N L V L=99.84 „ O 9....:.ii- si R=938.37' \ S32 46 10"W 90.00' e Q` VIRGIN/A DARE DRIVE (50'R/W) L=10.00' FORMERLY SECOTAN ROAD R=938.37'— M.B. 37, PG. 11 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 30 60 FLOATING WOOD DOCK, WOOD PILINGS & Imilimi WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH GALLUP FOR MARGUERITE W. DICKERSON SURVEYORS & ENGINEERS LOT 17, PART OF CROATAN BEACH 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' I Date:APRIL 19, 2021 I Sheet: 1 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29.35 PM 1. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY MICHAEL L. WILLIAMS DATED JANUARY 14, 2016. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 3. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4. ENCROACHMENT AGREEMENT WAS RECORDED IN DEED BOOK 4332 AT PAGE 2131. SL cY PROPOSED 6'x20' (5) PROPOSED 12REPLACE �p00 EWE N gAY WOOD FLOATING DOCK BOLTED EX. 8'x25' RAMP LAK �Y cROA's CH TO EX. FLOATING PILING WITH WITH 4'x25' RAMP FORMc T�'OF VA.G. 1 DOCK 15° BEVEL g pG. RELOCATE M' 37� 2D-61 p8 N1 GPIN:2427 11 QG EX. 10'x39.95' 151' FLOATING DOCK �• 39 g5 Is o N 4. �E 4 EX. FLOATING /� N0 WOODEN DOCK O 25.0 O SEE lltilla EX. WOOD PILING W/METAL a, O x �, o CAP (4) TYPICAL 0 1O w -P. bIli 43.2 O O N�; w o r 100.64'03" E RE�1�SE��1IfiS rn 251� , N 20 10 GR 004 ?G• 53 LOT 18 r*► , • 9 8. M.B. 37, PG. 11 PROPOSED - (SEE SHEET 1) 1 6 32 58.5"x168" de - rn KAYAK LAUNCH o / -- 2� LOT 17 �' -q Q 4: o I.N.20160623000537970 651�' / �/ X Z X Z : 0, • N W pOo OJ OJ O O c' / °pO Z eL 3 a 3 0 516.5aj / KN�D aM aM Co a) / cGNGRE�F-g�� oD.H. (F) \ II 1 °°°= �pE GE PIN (F) .� NEAR E gU�K - E� LT LOT 1611111 —` GpNCR ��,EA H pF G M.B. 37, PG. 11 ' (SEE SHEET 1) I'll 1 • p,PPROXIIM O DECK '' OF K_ ,�`D.H. (F) w —- RAMP 0 Yo - - - DA -VIYIP% TLER r = DECK I WALL RAMP -- ' c.No. 38395, "III CANOPY DECK ci,,.\),0 ES /' ��4 can - -ssl `C,` o DECK ANAL E EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 20 40 FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH IGALLUP FOR MARGUERITE W. DICKERSON SURVEYORS & ENGINEERS LOT 17, PART OF CROATAN BEACH 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: APRIL 19, 2021 I Sheet: 2 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29:35 PM DisciGsui a Statement I' nr oG Community D-v opm inf 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/ a-Le ae44 Y f Does the applicant have a representative? ❑Yes 040 • if yes,list the name of the representative. s is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SD percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a dose working relationship between the entities." See State end Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Disclosure Statement Pia Fining& Community Oa linnent Known Interest b Public Official or Ernployee 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? A ; Scant Services Disclosure 1. Does the applicant have any existing finandng(mortgage,deeds of trust,cross-collateralizaffon,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? 0 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?U Yes ❑ No • if yes,identify the firm and individual providing the service. l el Gt- 4. Does the applicant have services from an architect/landscape architect/land plannerprovided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • if yes,identify the firm and individual providing the service. rr [ 5. Is there any other pending or proposed purchaser of the subject property?0 Yes (RC- • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement ning Conant!nit: 6. Does the applicant have a construction contractor FA connection with the subject of the application or any business operating or to be operated on the property?❑Yes in No • if yes,identify the company and individual providing the service. 7 Does the applicant have an e pp nginee�/sonreyor/aged In connection with the subject of the application or any business operating or to be operated on the property?El Yes ❑ No • If yes,identify the firm and individual providing the service. '�`_,l G� L Cti 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 Q No • tf 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. 1/(f. 4-'9"L k Applicant Signature /V I car3 W i), Ke Y'S (It Print Name and Title /Wai 2Date Is the applicant also the owner of the subject property? f T!B El 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 ary Planr;in6 Commission anc City Council meeting that pertains to the applications 0 1 No dingo asof DUN Signature Print Name Rev ed11.OA2020 3IPage rr.rp,-,3,4 _„ 4't- -:....4* I L .„ , cid, ,,,,,,, ,,..„ y:Aik,,,, t-..,,:.„.„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Lake Rudee and an existing 5' drainage easement, located at the rear of 6 Caribbean Avenue MEETING DATE: April 5, 2022 • Background: Jeffrey Hodgson and Holly Hodgson (the "Applicants") have requested permission to construct and maintain a 12' x 10' side-mounted boat lift and 6' PVC fence, and to maintain an existing arbor and 4' metal fence (collectively, the "Encroachments") into City-owned property known as Lake Rudee (GPIN: 2427- 01-8282) and an existing drainage easement, located on and at the rear of the Applicants' property at 6 Caribbean Avenue (GPIN: 2427-00-1827). • Considerations: City staff reviewed the Encroachments and recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned property, 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 0 City Manager: MO 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE RUDEE 7 AND A 5' DRAINAGE EASEMENT, 8 LOCATED AT THE REAR OF 6 9 CARIBBEAN AVENUE 10 11 WHEREAS, Jeffrey Hodgson and Holly Hodgson (the "Hodgsons") have 12 requested permission to construct and maintain a 12' x 10' side-mounted boat lift and 6' 13 PVC fence, and to maintain an existing arbor and 4' metal fence (collectively, the 14 "Encroachments")within the City's property known as Lake Rudee (GPIN: 2427-01-8282) 15 and an existing drainage easement, located on and at the rear of the Hodgsons' property at 16 6 Caribbean Avenue (GPIN: 2427-00-1827); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Hodgsons, their heirs, 27 assigns and successors in title are authorized to construct and maintain the 28 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A 29 ENCROACHMENT REQUEST FOR PROPOSED BOAT LIFT LOT F, SHADOW LAWN 30 HEIGHTS FOR JEFFREY & HOLLY HODGSON 6 CARIBBEAN AVENUE, VIRGINIA 31 BEACH, VA 23451 GPIN: 2427-00-1827," having a Scale of 1" = 20', dated March 3, 2022, 32 and prepared by Chesapeake Bay Site Solutions, a copy of which is attached hereto as 33 Exhibit A, and on file in the Department of Public Works and to which reference is made for 34 a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the agreement between the City of 38 Virginia Beach and the Hodgsons (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Hodgsons and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: . ,Lo BL''IC O'ir S, REAL ESTATE AN R RMEYER SENIOR CITY ATTORNEY CA15592 R-1 Prepared: 3/9/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d011\p040\00789151.doc FLOOD LOT A BLK 53 �� SHADOWLAWN HEIGHTS 2 st,� E N/F CAYTON v�� aDa GPIN:2427-00-0831 M.B. 46, P. 58 iksT? 1 LAKE R U D E E INST 202103048366 ?''� ' 2 ''966 PROPERTYFrrr OF LOT A BLK 53 VIRGINIA BEACH / SHADOWLAWN HEIGHTS GPIN: 2427-01-8282 N/F CAYTON REVOCABLE TRUST M.B. 7, PG. 14 / GPIN: 2427-00-0902 D.B. 3405 P. 2186 / I INST: 202103048366 o ! EX 5' PRIVATE PROPOSED SIDE 0�,+ sti, ! /DRAIPJAGE EASEMENT MOUNTED BOAT �O' El m INST: 2002113068923 O 0 �N 4� Li N 13'54'1 1" W 1/16.29' (TOTAL) LIFT �,o N �-�� ;,,. IIPP7NO 4. , ,m7 A pc.••• __ ------ _L____ ,\ wi �, f \s,,, 4 �-1' :: 0� . �-<�cy.- ,' PVC s — FENCE IS.00-5.00' 00 ,. ?S• `` . DECK ; 1 N go an DC co co(NI -1 NI > ,` LINE OE end. F LF AREOF w 0.-O*O �' . LINE N \ DECK I ' J o= OoN00 N 58 45 1 1 W j � �� T7 r.�. * (TIE LINE) �t, I 11 � O NNo0400 orp, h \ i I N O o Co�A.j^� LOT E ig ? z#11.:N.. .. N �,��,��,��1 SHADOWLAWN HEIGHTS o 6 2-S--FRS to c�z N/F SCHONAUER �j C'�, -z z cod� GPIN: 2427-00-1851 Nio P ES D.o 7- = ,� INST: 200212103077254 #6 \-4• METAL INST: 200211223068923 I 1 w FENCE INST: 20021223084516 11♦♦♦♦• LOT F. SHADOWLAWN HEIGHTS I - -m ��,,' T Ho v�/ _�--i l- N/F I :- 1 Ip g +a I INST: 200211223068923 I X .....j 7.4 i INST: 2003031 1003817 12 4. n o ♦ I ; INST: 20071102001481680 i'LGREGORY 0. MILSTEAD�♦ Z Lic. No. 047323 _— z a • In I 1'a r119,42 3 I t frfroz2 s 0 ; 2rtd. r;F E-C > m I • o�0♦♦�1NAL (,c�Ii:,. . I cn I1., o 0 20' 40' `i —' I 1.1'-' �' 110.00' U !!!!!!_6iiiii: i50.00' ' ; ir--- PIN(F) S 13' 54' 1 1" E PIN(F) SCALE 1" = 20' CARIBBEAN AVENUE (50' RM/) (M.B 7. PG. 14/INST:200211223068923) al EXHIBIT A _r �' ENCROACHMENT REQUEST FOR PROPOSED BOAT LIFT CHESAPEAKE BAY LOT F, SHADOW LAWN HEIGHTS sITE SOLUTIONS FOR JEFFREY & HOLLY HODGSON P.O.BOX 6663 VIRGINIA BEACH VA.23456 6 CARIBBEAN AVENUE, VIRGINIA BEACH, VA 23451 PH.:757-575-3715 GPIN: 2427-00-1827 WWW CHESAPEAKEHAl'SITESOLL?IOhSOON 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 MARC_A , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JEFFREY HODGSON and HOLLY HODGSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT F," as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 1 THRU 5 — BLOCK 53 MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14 VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 20', dated August 28, 2002, and prepared by Gallup Surveyors & Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200211223068923, and being further designated, known, and described as 6 Caribbean Avenue, Virginia Beach, VA 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 10' side-mounted boat lift and 6' PVC fence, and maintain an existing arbor and 4' metal fence, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-01-8282 (CITY PROPERTY KNOWN AS LAKE RUDEE) 2427-00-1827 (6 CARIBBEAN AVENUE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee and a 5' drainage easement, 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 PROPOSED BOAT LIFT LOT F, SHADOWLAWN HEIGHTS FOR JEFFREY & HOLLY HODGSON 6 CARIBBEAN AVENUE, VIRGINIA BEACH, VA 23451 GPIN: 2427-00-1827," having a Scale of 1" = 20', dated March 3, 2022, and prepared by Chesapeake Bay Site Solutions, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or 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 shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 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. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Jeffrey Hodgson and Holly Hodgson, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY 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 , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GRANTEE: HODGS / "IIIM% OLLY HO'i eSON STATE OF CITY/COUNTY OF V ikr k bacLto-wit: The foregoing instrument was acknowledged before me this b dayof 9 9 9 i\lak0.0,, _ , 2022, byJeffreyHodgson and HollyHod son. 9 SEAR--.- ota is \j %,%N.4. . p.......... Notary -. .:: Registration Number: I ° ( i w` � �` k Zs = ! REGtS7RATioN i sz My Commission Expires: 1 1 "3b—D-Q,-CD • �?o• �, ,79664154t: oi.;9RY PV:*t. 'IlinintiP APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 s-' kbris—tf2 • BLIC WO- — REAL ESTATE D N RMEY ER YER SENIOR CITY ATTORNEY 7 FLOOD LOT A BLK 53 B SHADOWLAWN HEIGHTS _' WI PAPAEB N/F CAYTON It wiL7, r for GPIN:2427-00-0831 M.B. 46, P. 58 /Aft,.Ake " Mtn hvisty LAKE RUDEE INST:DB 202503048366 (79.43834 ?''� 2 `'' '' PROPERTYSET OF LOT A BLK 53 VIRGINIA BEACH / SHADOWLAWN HEIGHTS GPIN: 2427-01-8282 N/F CAYTON REVOCABLE TRUST M.B. 7, PG. 14 / GPIN: 2427-00-0902 I D.B. 3405 P. 2186 / o . INST: 202103048366 EX 5' PRIVATE PROPOSED SIDE , ' DRAINAGE EASEMENT BOAT /9 O�j E) i INST: 20021/3068923 MOUNTED o �N m 0 UFT ��, tA �` 0 �� ' N 13'54'1 1" W 116.29' (TOTAL) 9:0; 4111111177,\' 20 00 .-v-567:; -Y-'o`-'-' - -c\, S % - FENCE j5.0015.00 o 0 M n t� , '� -26'. -=� . DECK ! + NInnv.. co to csi cb •-1 'f �' `>, LINE OF 2nd. FLR. A.PPOR 1 w v,-o o apt• ',o. `Stj, .,. o .i DECK I i 1 , .' 3OpN__oo N 58 45 11 W o 'T I o* =N�Q'� o00 y> (TIE LINE) t II i O -' �NO�� r 1 0 O NSO ti �� LOT E i i� ri•-Z NN �, �-1 SHADOWLAWN HEIGHTS p� _ _ ; O ' cD Z .• .• ��? N/F SCHONAUER i 2 R 5 D 3' \` Z z co/. � GPIN: 2427-00-1851 ?I 7- I 1 zz INST: 200212103077254 6 I\-4' ME'r INST: 200211223068923 ( ( , w I FENCE_ • INST: 20021223084516 ,,'444 THOo / • LOT F. SHADOWLAWN HEIGHTS -I• ' 0) • -'-f - N/F HODGSON �'', ! • GPIN: 2427-00-1827 , I0 I I INST: 20021 1223068923 •O i i 3 i INST: 20030311003817 r o . au I INST: 20071 102001481680 ` ,T . b GREGORY 0• . MILSTEAD �, ----+-, -- w Lic. No. 047323 •C) *120 22 * o , , -- - w h. id. F�F`. 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C.-- --\___- \---:\ rn\ , I- \- ' ' ' --1,----- SE P� , ��1 � -�- GAO �- 4 — 2427-00-18271 r GLpSE PVE i t' ..______ LOCATION MAP 7 ENCROACHMENT REQUEST �_. FOR JEFFREY HODGSON Legend 6 CARIBBEAN AVENUE City Properties GPIN 2427-00-1827 Feet NM 2427-00-1827 0 50 100 200 - \PIC'Af11-MDrnienfe\A[7(` Cii.e\A(_DAIfA RAADC\')A 17_11(1_1 Q) Disclosure Statement 1/13 City of Viryinia Batch - Planning Commuarty.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 Ecr oc, .. I (t 11,9(ip Does the applicant have a representative? ❑ Yes CR(No • If yes,list the name of the representative. /ia Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) � /A • 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 I P a g e Disclosure Statement ON of Virginia Bench 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 j$( 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? Yes1 0� • If yes,identify th financial institutions providing the service. SPS4'vcaVit 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes jgj No • If yes,identify the company and individual providing the service. /A 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IA 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 IQ No • If yes,identify the firm and individual providing the service. L\ 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. l� Revised 11.09,2020 2 I P a g e Disclosure Statement 'NB City of Virginia Beud+ Planning &Community Development ,_,,.�..s• ,.fir,. . ............r ...--_ .®«ate+.. S� 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? ES Yes ❑ No • If yes,identify the company and individual providing the service. '6,c Orm 6AY Cow'-rR(\CriIJG 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 IN No • If yes,identify the firm and individual providing the service. iJ)A 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 a No • If yes,identify the firm and individual providing the service. KO 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 S' nat., J e FF I-10b Gsotil Print Name and Title /2-3 -02f Date i Is the applicant also the owner of the subject property? J Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date Signature Print Name Revised 11.09.2020 Wage I ,!--u- 1 frir... 1, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City Right-of-Way known as the 20' Alley between 18th Street and 19th Street, located at the rear of 410 and 412 19th Street MEETING DATE: April 5, 2022 • Background: ORP Ventures, LLC (the "Applicant") requested permission to maintain 509 sq. ft. of concrete pavement, 39 sq. ft. of curbing and gutter, and a 58.45' x 9.79' wood fence (collectively, the "Encroachments") into City right-of-way known as the 20' alley between 18th Street and 19th Street, located at the rear of the Applicant's property at 410 and 412 19th Street (GPIN: 2427-07-5475). • Considerations: City staff reviewed the Encroachments and recommended approval of same, subject to certain conditions outlined in the Agreement. • 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 City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS THE 20' ALLEY BETWEEN 7 18TH STREET AND 19TH STREET, 8 LOCATED AT THE REAR OF 410 AND 9 412 19TH STREET 10 11 WHEREAS, ORP Ventures, LLC ( "ORP") has requested permission to 12 maintain 509 sq. ft. of concrete pavement, 39 sq. ft. of curbing and gutter, and a 58.45' x 13 9.79' wood fence (collectively,the"Encroachments")within the City's right-of-way known as 14 the 20' alley between 18th Street and 19th Street, located at the rear of ORP's property at 15 410 and 412 19th Street (GPIN: 2427-07-5475); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, ORP, its heirs, assigns and 26 successors in title are authorized to maintain the Encroachments within the City's right-of- 27 way as shown on the map entitled: "ENCROACHMENT EXHIBIT OF LOT 24 AND 28 EASTERN 'A OF LOT 25, BLOCK C PROPERTY OF VIRGINIA BEACH PARK CORP. 29 (M.B. 8, PG. 5) VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 25', dated June 7, 30 2021, and prepared by WPL, a copy of which is attached hereto as Exhibit A, and on file in 31 the Department of Public Works and to which reference is made for a more particular 32 description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and ORP (the "Agreement"), an unexecuted copy of which has been 37 presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as ORP and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: bC ,� Akar OA • W-rtnej-i- P LI WORK' , ' AL ESTATE ►- A A " MEYER SEN TY ATTORNEY CA15430 R-1 Prepared: 3/11/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d011\p040\00789322.doc WDF g 7 58.45' ABBREVIATIONS. A 72" BC 9.39' _7''' WDF 9.63' D WDF WOOD FENCE B OUTSIDE It OUTSIDE I 0 S F BC BACK OF CURB C'X 741 4 7 PARKING SPACES in— ' T `� ' • � 76 16 422" W cd <z• 20' ALLEY (M.B. 8, PG. 5) 72 WDF 0.75 - a 60.00 --�„� OUTSIDE It a > �L2 WDF 1.55' a m INSIDE R ENCROACHMENT • WHITE PARKING I°coNCRETE� AREAS ON R ° a d I CURB BLOCK 4)JTh ,._.__ Op j, CURB & GUTTER: LOT 24 ,, C , ES. '� SQ. FT. N I ASPHALT PAVEMENT. • a o IC ARNER 509 SQ. FT. Z h y FENCIN: a a ° a W 0 Lic. o. 2904 19 SQ. FT. O �, 02/24/2022 ', o a • -- o ,y�� �Ako ENCROACHMENT Z 4 or Q N- SURD DIMENSIONS ° � • ° W ITEM DISTANCE L. • 0 i VARIABLE WIDTH p1 REFERENCE FROM Is. A . DOMINION ENERGY PROPERTY 00 a - EASEMENT LINE a 1410 & 1412 .0 (I.N. 20181107000915390) c0� \l 2—STORY BRICK OJ 0 A 9.79' :4- 0 AND FRAME co p B 9.51' a 4 UNITS :4- OV C 8.90' a Q C N D 9.63' a° 4 IN/F N/F �O L_ E 9.39' ORP VENTURES, LLC Z CCC RANCH, LLC O F 8.90' • a (IN. 202103049377) Q (IN. 202103053801) N a a. LOT 24 AND LOT 26 AND N/F a EASTERN )i OF LOT 25 WESTERN ii OF LOT 25 ARTHUR HUDSON BOND o • • (M.B. 8, PG. 5) (M.B. 8, PG. 5) REVOCABLE LIVING TRUST CONCRETE. GPIN: 2427-07-5475 GPIN: 2427-07-5404 (IN: 20140303000178590) olDRIVE. LOT 23 AND x ° AISLE 190' TO THEP.l. WESTERN OF LOT 22 a OF BALT/C AVENUE— (M.B. 8, PG. 5) a J N.B. 8, PG. 5) GPIN: 2427-07-6416 ° ° 1 I IIo _ • N 76'16 J12'CONCRE 6TE 00 WALKWAY a„ Ay\ PUBLIC DRAINAGE EASEMENT (I.N. 20181107000915390) 0 25I SCALE �9�i 5 (60' PUBLIC RIGHT—OF—WAY) � � (Al.B. 8, PG. 5) STREET SCALE: 1"=25' SHEET 1 OF 1 ENCROACHMENT EXHIBIT — OF LOT 24 AND EASTERN 1/2 OF LOT 25, BLOCK C ktPROPERTY OF _ _ VIRGINIA BEACH PARK CORP. kw I N.B. 8, PG. 5) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/07/2021 F.B./PG.: 1073/29 proj. no.: 221-0185 Civil Engineering wpplsite.com 757.431.1041 242 MUSTANG TRAL S1E 8 VRGNA BEAgi,VA 23452 file: 216-341_Ench Exh.dwg PLAT: V-33 CAD/chk: EG/eag 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 Aa1014 , 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ORP VENTURES LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee.". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "NOW OR FORMERLY ROY W. CRADDOCK, JR. & MARILYN CRADDOCK WATERS, HEIRS OF THE ESTATE OF DORA W. CRADDOCK INST. #20130320000323770 D.B. 112, P. 98 M.B. 8, P. 5 GPIN: 2427-07- 5475," as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ACQUIRED FROM ROY W. CRADDOCK, JR. & MARILYN CRADDOCK WATERS, HEIRS OF THE ESTATE OF DORA W. CRADDOCK FOR 19TH STREET INFRASTRUCTURE IMPROVEMENTS CIP NO. 9-100 VIRGINIA BEACH, VIRGINIA", Scale: 1"=20', dated May 26, 2017, and revised through October 25, 2017, prepared by Rouse-Sirine Associates, Ltd., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20181107000915390, and being further designated, known, and described as 410 and 412 19th Street, Virginia Beach, Virginia 23451 ; GPIN: CITY RIGHT OF WAY KNOWN AS 20' ALLEY BETWEEN 18TH AND 19TH STREET (NO GPIN) 2427-07-5475 (410 AND 412 19TH STREET) WHEREAS, it is proposed by the Grantee to maintain 509 sq. ft. of concrete pavement, 39 sq. ft. of curbing and gutter, and a 58.45' x 9.79' wood fence, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as a 20' alley located between 18th Street and 19th Street (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "ENCROACHMENT EXHIBIT OF LOT 24 AND EASTERN 1/2 OF LOT 25, BLOCK C PROPERTY OF VIRGINIA BEACH PARK CORP. (M.B. 8, PG. 5) VIRGINIA BEACH, VIRGINIA," having a scale of 1" = 25', dated June 7, 2021, and prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City 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 4 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, the said ORP Ventures, LLC, a Virginia limited liability company, has caused this Agreement to be executed by Steven Bishard, its Manager, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager 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 ORP VENTURES, LLC, a Virginia limited liability company By (SEAL) Steven W. Bishard, Manager STATE OF CITY/COUNTY OF VI rg� iU r Q).jac6 , to-wit: The foregoing instrument was acknowledged before me this I day of ma r , 202_A, by Steven W. Bishard, Manager of ORP Ventures, LLC, a Virginia limited liability company. MELONIE MCHUGH I '�^/ ( Notary Public `ter ' W � (SEAL) Commonwealth of Virginia Registration No. 256255 ( Notary Public My Commission Expires Aug 31, 2025 Notary Registration Number: 9.5te acc My Commission Expires: 0 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ‘ t 4,1,. b I 11 P WOR 41: REAL ESTATE N RMEYER SENIO CITY ATTORNEY 4- 58.45' ABBREVIATIONS. A 72" WDF 9.79' BC 9.39' 7 ., WDF 9.63' D WDF WOOD FENCE B OUTSIDER OUTSIDE ItO TS F BC BACK OF CURB C t° Y 7 PARKING SPACES � " L S 76'76'42' 14/ 1(.6 :coe' 20' ALLEY N.B. 8, PG. 5) 72" WDF 0.75' ° e0.00' I a J -�--72 WDF 1.55' OUTSIDE R J °a a �," INSIDE R ENCROACHMENT WHITE PARKING a CONCRETE� STRIP ,,��;;p�, AREAS '� EC ON R ° a ° CURB BLOCK �iT'` L ��P CURB & GUTTER: . LOT 24 N X X j�'39 SO. FT. a -� �+ASPHALT PAVEMENT nl 'Z�509 SO. FT. Z 1 . AR N ER a FENCIN. a a W O Lic. o. 2904 19 SO. FT. J 02/24/2O22 O O' t� t,l — o '9 O'�' 0 C( 1 O ° I) SUR\11' ENCROACHMENT ,t, a W DIMENSIONS ° ITEM DISTANCE W a i f—VARIABLE WIDTH REFERENCE FROM >' � DOMINIONEASE ENERGY PROPERTY DO a ,-i LINE ^„ a 1410 do 1412 a0 (I.N. 20181107000915390) 0 \l 2-STORY BRICK O 0 A 9.79' d' ° ° AND FRAME c')p B 9.51' �„ 4 UNITS O lr C 8.90' a a 1 oQ� iT D 9.63' a° °1 N/F N/F E 9,39' '' a L ORP VENTURES, LLC CCC RANCH, LLC O F 8.90' (IN. 202103049377) (IN. 202103053801) ° a LOT 24 AND LOT 26 AND N/F EASTERN X OF LOT 25 WESTERN X OF LOT 25 ARTHUR HUDSON BOND (M.B. 8, PG. 5) (M.B. 8, PG. 5) REVOCABLE LIVING TRUST 1 CONC°RETE GPIN: 2427-07-5475 GPIN: 2427-07-5404 (IN: 20140303000178590) 41DRIVE LOT 23 AND —x ° °AISLE 190' TO THE P.I. WESTERN X OF LOT 22 OF BAL TIC A VENUE— - (M.B. 8, PG. 5) a _ _Ir N.B. 8, PG. 5) GPIN: 2427-07-6416 ° �T I o N 76'16'12" E 60.00' ' 'k___ o� CONCRETE WALKWAY A f� PUBLIC DRAINAGE EASEMENT 2.' (I.N. 20181107000915390) 0� 1-425 50 SCALE �9 (60' PUBLIC RIGHT-OF-WAY) N.B. 8, PG. 5) STREET SCALE: 1"=25' SHEET 1 OF 1 ' ENCROACHMENT EXHIBIT OF LOT 24 AND _ L a - EASTERN 1/2 OF LOT 25, BLOCK C PROPERTY OF d-, VIRGINIA BEACH PARK CORP. L.-VT- -- _ (M.B. 8, PG. 5) __ VIRGINIA BEACH, VIRGINIA t _W Landscape Architecture Land Surveying date: 06/07/2021 I F.B./PG.: 1073/29 proj. no.: 221-0185 Civil Engineering wp Isite.corn 757.431.1041 242 MJSTANG 1RAL 511 8 Nt61IA KJVCII,VA 23452 file: 216-341_Ench Exh.dwg PLAT: V-33 CAD/chk: EG/eag WI i ;'"...--.: '"--,‘ ' ,r, -. ..?"1"..."°°':4"11'-."9:-- - - . . / ---- -_,' t -, : —4-1[— I C I : %a y (. +• f -P i $$$$ ! ‘ - -..---, il#ri -: . w ...—S ', - - -- - -- _ .. 7i. ^'.`7'44Ifiw1u't, .�y'y-�?r •:Y re.;& -•` .-'tea `` -_. 1a. . ,,A 1., p fir• : V - ,s �t .,r ,�r r `J� A. :::.,, 0 i,.4...-...:c4,...- arr �' a �� --....v..s 1.-.a. w �.•f' .F, .c -- —••—,...• i . A , K'. If.. Z_. .. 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LOCATION MAP jaimik. . . 111 181NV •,,, •— ENCROACHMENT REQUEST • FOR ORP VENTURES LLC Legend .t+. ,;,� .� 410 & 412 19TH STREET g .- . • :�, •* ,nay �' t� '�•=`- GPIN 2427-07-5475 City Properties : t., `' o� SO la!)*:� ` y^ . Feet E::::3 2427-07-5475 `� -- ' ' r go O 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 12/08/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-07-5475 Aerial `'J N LAgK\N RO „3 \ W I? S 264 ZrO- �L Q 0 'NORFOLK AV 111 i m Q Z \�-- rn T 191N SI 73 \\, ,------------11pr-- 2427-07-5475 \---\ \--5 ,\ n r l'-'\\ \\ '\ \ "L.° , _ ____ .-A. \ \ z \m - \_____\\______ II 1111111 icrc71\ �\ - V----)- \ \.... - 1 S. ------\\, \ 17 \ _\ - _ -- , W. --�- LOCATION MAP - 1 1 S' ENCROACHMENT REQUEST S FOR ORP VENTURES LLC Legend 410 & 412 19TH STREET City Properties GPIN 2427-07-5475 Feet D2427-07-5475 t - �� 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 12/08/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-07-5475 Disclosure Statement City of Vim:1k Barb $_ Planning&Commu Nitittbc Development Y' 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 ORP Ventures, LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative R.Edward Bourdon,Jr., Esquire Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) Steve Bishard and John Bishard • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2 2-3101. 'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 Revised 11 09 2020 1 I ` a g e 1p Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes El 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 Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09.2020 2 Disclosure Statement Virytma Read: Planning &Commu 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 ® 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 WPL,Eric Garner 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. Harry R.Purkey,Jr.,Esquire and R. Edward Bourdon,Jr.,Esquire 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 conne n with this application. Y.:7140/ __,...._ Applicant Signature Steven W. Bishard, Manager Print Name and Title 11/29/21 Date Is the applicant also the owner of the subject property? I 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 3 ) , s Lam. t; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund Historical and Cultural Content with the Virginia African American Cultural Center, To Accept and Appropriate Funding from the Virginia Tourism Authority, and to Execute a Memorandum of Understanding with the Virginia African American Cultural Center, Inc. Regarding Expenditure of Funding from the Virginia Tourism Authority MEETING DATE: April 5, 2022 • Background: The Virginia General Assembly, with the Governor concurring, authorized one million dollars ($1,000,000) from the federal American Rescue Plan Fund ("Funding") to be appropriated by the Virginia Tourism Authority ("VTA") to the City of Virginia Beach ("City") for the purpose of developing historical and cultural content with the Virginia African American Cultural Center, Inc. ("VAACC") for the Virginia African American Cultural Center ("Cultural Center Site"). The VTA and the City are proposing to enter into a memorandum of understanding ("MOU") whereby the City will be the recipient of the Funding and will provide final and periodic reports to VTA detailing use of the Funding for the limited purpose of developing historical and cultural content with the VAACC. The City and the Virginia African American Cultural Center, Inc. ("VAACC") are proposing to enter into a separate memorandum of understanding ("VAACC MOU") whereby the City will provide the Funding to the VAACC for the purpose of developing historical and cultural content for the Cultural Center Site, and the VAACC will satisfy the City's reporting and other requirements under the MOU between the City and VTA. • Considerations: Under the terms of the proposed MOU between the City and VTA, the City will receive the Funding from VTA and the City will: 1) plan and develop historical and cultural content with the VAACC; 2) use the Funding solely for the development of historical and cultural content and not for any other purpose; 3) submit an invoice to VTA for the Funding; 4) provide VTA with a detailed plan for use of the funds within ninety (90) days of execution of the MOU; 5) provide VTA with written quarterly reports, not later than thirty (30) days following the close of each quarter, detailing all expenditures discharged during the previous quarter as well as invoices that support and document the expenditures; 6) provide VTA with a written final report listing the City's activities and evaluating its success no later than sixty (60) days after the end of the term of the MOU; and 7) retain all reports relating to the MOU for five years after the term of the MOU. The proposed MOU provides that the City may work with the VAACC to plan and develop historical content, but the City shall remain liable to the VTA for such planning and development of historical content. The proposed MOU expires on December 31, 2024 and may be renewed only upon appropriation by the General Assembly of additional federal resources. The proposed MOU does not require an additional or matching donation from the City. The terms of the proposed VAACC MOU require the VAACC to satisfy the City's reporting and other requirements under the MOU between the City and VTA. Specifically, the VAACC will: 1) plan and develop historical and cultural content for the Cultural Center Site; 2) use the Funding solely for the development of historical and cultural content and not for any other purpose; 3) provide the City with a detailed plan for use of the funds within eighty (80) days of execution of the VAACC MOU; 4) provide the City with written quarterly reports, not later than twenty-five (25) days following the close of each quarter, detailing all expenditures discharged during the previous quarter as well as invoices that support and document the expenditures; 5) provide the City with a written final report listing VAACC's activities and evaluating its success no later than fifty (50) days after the end of the term of the VAACC MOU; and 6) retain all reports relating to the VAACC MOU for five years after completion of the VAACC MOU. • Public Information: Normal Council agenda process. • Attachments: Ordinance, Summary of Terms and Disclosure Form Recommended Action: Approve Submitting Department/Agency: Cultural Affai City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 3 THE VIRGINIA TOURISM AUTHORITY TO FUND 4 HISTORICAL AND CULTURAL CONTENT WITH THE 5 AFRICAN AMERICAN CULTURAL CENTER, TO ACCEPT 6 AND APPROPRIATE FUNDING FROM THE VIRGINIA 7 TOURISM AUTHORITY, AND TO EXECUTE A 8 MEMORANDUM OF UNDERSTANDING WITH THE 9 AFRICAN AMERICAN CULTURAL CENTER, INC. 10 REGARDING EXPENDITURE OF FUNDING FROM THE 11 VIRGINIA TOURISM AUTHORITY 12 13 WHEREAS, the Virginia General Assembly, with the Governor concurring, 14 authorized one million dollars ($1,000,000)from the federal American Rescue Plan Fund 15 ("Funding") to be appropriated by the Virginia Tourism Authority ("VTA") to the City of 16 Virginia Beach ("City") for the purpose of developing historical and cultural content with 17 the Virginia African American Cultural Center, Inc. ("VAACC") for the Virginia African 18 American Cultural Center ("Cultural Center Site"); and 19 20 WHEREAS, the VTA and the City are proposing to enter into a memorandum of 21 understanding ("MOU") whereby the City will be the recipient of the Funding and will 22 provide final and periodic reports to VTA detailing use of the Funding for the limited 23 purpose of developing historical and cultural content; and 24 25 WHEREAS, the City and the VAACC are proposing to enter into a separate 26 memorandum of understanding ("VAACC MOU") whereby the City will provide the 27 Funding to the VAACC for the purpose of developing historical and cultural content for 28 the Cultural Center Site, and the VAACC will satisfy the City's reporting and other 29 requirements under the MOU between the City and VTA; and 30 31 WHEREAS, under the terms of the proposed MOU between the City and VTA, the 32 City will receive the Funding from VTA and the City will: 1) plan and develop historical 33 and cultural content with the VAACC; 2) use the Funding solely for the development of 34 historical and cultural content and not for any other purpose; 3) submit an invoice to VTA 35 for the Funding; 4) provide VTA with a detailed plan for use of the Funding within ninety 36 (90) days of execution of the MOU; 5) provide VTA with written quarterly reports, not later 37 than thirty (30) days following the close of each quarter, detailing all expenditures 38 discharged during the previous quarter as well as invoices that support and document the 39 expenditures; 6) provide VTA with a written final report listing activities and evaluating its 40 success no later than sixty (60) days after the end of the term of the MOU; and 7) retain 41 all reports relating to the MOU for five years after the term of the MOU; and 42 43 WHEREAS, the proposed MOU provides that the City may work with the VAACC 44 to plan and develop historical content, but the City shall remain liable to the VTA for such 45 planning and development of historical content; and 46 47 WHEREAS the proposed MOU expires on December 31, 2024 and may be 48 renewed only upon appropriation by the General Assembly of additional federal 49 resources; and 50 51 WHEREAS, the proposed MOU does not require an additional or matching 52 donation from the City; and 53 54 WHEREAS, to satisfy its obligations under the MOU, the City is proposing to enter 55 into a separate MOU with VAACC, the VAACC MOU, whereby the City will pay the 56 Funding to VAACC in three equal installments; and 57 58 WHEREAS, the first installment will be paid to the VAACC within ten days of the 59 City's receipt of the Funding from the VTA; and 60 61 WHEREAS, the remaining two installments will be paid upon receipt by the City of 62 documentation from the VAACC demonstrating expenditure of the previous installment(s) 63 for the purpose of developing historical and cultural content; and 64 65 WHEREAS, the terms of the proposed VAACC MOU require the VAACC to satisfy 66 the City's reporting and other requirements under the MOU between the City and VTA; 67 and 68 69 WHEREAS, specifically, the VAACC will: 1) plan and develop historical and 70 cultural content for the Cultural Center Site; 2) use the Funding solely for the development 71 of historical and cultural content and not for any other purpose; 3) provide the City with a 72 detailed plan for use of the Funding within eighty (80) days of execution of the VAACC 73 MOU; 4) provide the City with written quarterly reports, not later than twenty-five (25)days 74 following the close of each quarter, detailing all expenditures discharged during the 75 previous quarter, as well as invoices that support and document the expenditures; 5) 76 provide the City with a written final report listing VAACC's activities and evaluating its 77 success no later than fifty (50) days after the end of the term of the VAACC MOU; and 6) 78 retain all reports relating to the VAACC MOU for five years after completion of the VAACC 79 MOU. 80 81 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 82 VIRGINIA BEACH, VIRGINIA, THAT: 83 84 1. The City Manager is hereby authorized to execute a Memorandum of 85 Understanding with the Virginia Tourism Authority to fund the development of 86 historical and cultural content with the VAACC for the Virginia African American 87 Cultural Center, in accordance with the Summary of Terms, attached hereto as 88 Exhibit A, and other such terms, conditions and modifications as may be 89 acceptable to the City Manager and in a form deemed satisfactory by the City 90 Attorney. 91 92 2. A $1,000,000 donation is hereby accepted from the Virginia Tourism Authority and 93 appropriated, with miscellaneous revenue increased accordingly, to the FY 2021- 94 22 Operating Budget for the purpose of funding the development of historical and 95 cultural content with the VAACC for the Virginia African American Cultural Center 96 in accordance with the Memorandum of Understanding authorized in Enactment 3 97 infra. 98 3. The City Manager is hereby authorized to execute a Memorandum of 99 Understanding with the Virginia African American Cultural Center, Inc. to fund the 100 development of historical and cultural content for the Virginia African American 101 Cultural Center, in accordance with the Summary of Terms, attached hereto as 102 Exhibit B, and other such terms, conditions and modifications as may be 103 acceptable to the City Manager and in a form deemed satisfactory by the City 104 Attorney 105 106 Adopted by the Council of the City of Virginia Beach, Virginia on the day 107 of , 2022. 108 109 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I A-4,1„.-La (-- Cultural Affairs City Attorney's Offi6e APPROVED AS TO CONTENT: - C Department of Budget and Management Services CA15715 R-4 March 25, 2022 EXHIBIT A SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING ("MOU") PARTIES: The City of Virginia Beach("City") Virginia Tourism Authority ("VTA") TERM: The MOU expires on December 31, 2024 and may be renewed only upon appropriation by the General Assembly of additional federal resources. PURPOSE: The City will be the recipient of one million dollars ($1,000,000) from the federal American Rescue Plan Fund to be appropriated by VTA ("Funding") for the purpose of developing historical and cultural content for the Virginia African American Cultural Center ("Cultural Center Site"). TERMS: The MOU requires VTA to: • provide one million dollars($1,000,000)to the City for costs to develop historical and cultural content with the Virginia African American Cultural Center, Inc. ("VAACC") within 30 days after receipt of a proper invoice from the City. • Assist the City as VTA deems appropriate in the marketing of content. The MOU requires the City to: • plan and develop historical and cultural content for the Cultural Center Site with the VAACC. • use the Funding solely for the development of historical and cultural content and not for any other purpose. • submit an invoice to VTA for the Funding. • provide VTA with a detailed plan for use of the funds within ninety(90) days of execution of the MOU. • provide VTA with written quarterly reports, not later than thirty (30) days following the close of each quarter, detailing all expenditures discharged during the previous quarter as well as invoices that support and document the expenditures. • provide VTA with a written final report listing the City's activities and evaluating its success no later than sixty (60) days after the end of the term of the MOU. • retain all reports relating to the MOU for five years after the term of the MOU. • remain liable to the VTA for such planning and development of historical content. The MOU does not require an additional or matching donation from the City. EXHIBIT B SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING ("MOU") PARTIES: The City of Virginia Beach("City") Virginia African American Cultural Center, Inc. ("VAACC") TERM: The MOU expires on December 31, 2024. PURPOSE: City will provide one million dollars ($1,000,000) from the federal American Rescue Plan Fund to be appropriated by Virginia Tourism Authority("VTA") to VAACC for the purpose of developing historical and cultural content with the VAACC for the Virginia African American Cultural Center ("Cultural Center Site") ("Funding"). The VAACC will satisfy the City's reporting and other requirements under the MOU between the City and VTA. TERMS: The MOU requires the City to: • Pay the Funding to VAACC in three equal installments. The first installment will be paid to VAACC within ten days of the City's receipt of the Funding from VTA.The remaining installments will be paid upon receipt by the City of documentation from VAACC demonstrating expenditure of the previous installment(s)for the purpose of developing historical and cultural content for the Cultural Center Site. The MOU requires VAACC to: • Plan and develop historical and cultural content for the Cultural Center Site. • Use the Funding solely for the development of historical and cultural content and not for any other purpose. • Provide the City with a detailed plan for use of the funds within eighty (80) days of execution of the MOU. • Provide the City with written quarterly reports, not later than twenty- five (25) days following the close of each quarter, detailing all expenditures discharged during the previous quarter as well as invoices that support and document the expenditures. • Provide the City with a written final report listing VAACC's activities and evaluating its success no later than fifty (50) days after the end of the term of the MOU. • Retain all reports relating to the VAACC MOU for five years after completion of the VAACC MOU. Virginia ginia Bench 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: ir Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. o SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY I.AU d,sciosmes must updated to o C2 weeks prior to ir,v Page 1 of 4 Plarninn Commission and City CDunci;meeting that ocrtains to the appIicatior,ts) l.i"FLICANT NOTIFIED OF HEARING T E: NO CHANGES AS OF DATE: L REVISIONS SUBMITTED DATE: c., Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) r' 7:-I tc, aril rnO rt ct f D 1t Ca.N-4- S - /-l14ci-C-Imeg (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship withthe Applicant: (Attach list if necessary) Q - / 1 4RC_ ✓�Y1> i? 1 rj 7 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. „i`� f. Virginia Beach "Parent-subsidiary relationship” means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed çpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers /Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. \13 Virginia Beach Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services kodk tnarv' ckovie5 fro boiU Sfr'(iCcS Real Estate Brokers / Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME ` DATE CVA:MCC) rrOct- PROPERTY OWNER'S SIGNATURE PRINT NAMEDATE D E The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1/APPLICANT DISCLOSURE (A) List Applicant's name followed by the names of all officers, directors, members, trustees, partner, etc. below Officers and members of the VAACC Board. Dr. Amelia Ross-Hammond, Founder and Chairman Wm. Terry Calhoun, 1st Vice Chair Dr. James C. Bonds, 2nd, Vice Chair Cheryl Davidson, Secretary Kelvin Arthur, CPA, Treasurer Shevette Jones, Parliamentarian Wayne Jones, Member Dr. Ruth Jones Nichols, Member Worth Remick, Member Dr. Tonya M. Shell, Member (B) List the businesses that have a parent-subsidiary or affiliated business relationship with the property owner The VAACC is a public-private partnership between the Virginia African American Cultural Center, Inc., and the City of Virginia Beach (A. , 1- ..; CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $2,300,000 to the FY 2021-22 Water and Sewer Capital Improvement Program MEETING DATE: April 5, 2022 • Background: When feasible, Public Utilities coordinates capital projects with Public Works to perform utility work in conjunction with roadway projects. This ensures work is completed at the lowest possible cost and minimizes construction impacts to citizens. Public Utilities has two companion capital projects, #100185 & #100186 — "First Colonial Rd/VA Beach Blvd Intersection Improvements," associated with the Public Works roadway project, #100183 "First Colonial Rd & Va. Beach Blvd. Intersection Improvements." These projects have been in the CIP planning process since FY 2006- 07. $1,095,000 has been appropriated to date for the water project, #100185, and $1,510,000 has been appropriated for the sewer project, #100186. Public Works opened project bids in January 2022, and the costs associated with the utility work were higher than the estimate due to increasing material and construction costs. Based on current available funding, an additional $825,000 is needed in the water project, #100185, and $1,475,000 is needed in the sewer project, #100186, for a total of $2,300,000. This adjustment will fully fund the utility work associated with the roadway project and provide contingency funding for field changes and unexpected construction issues. Funding will be provided using $600,000 from unspent appropriations from closed capital improvement projects in the Water and Sewer Capital Projects Fund and $1,700,000 from the net position of the Water and Sewer Enterprise Fund. • Considerations: The attached ordinance provides funding from two sources: $600,000 from unspent amounts in completed water and sewer projects, and use of $1,700,000 from the net position (retained earnings) of the Water and Sewer Enterprise Fund. This funding is needed to meet the estimated construction costs for the water and sanitary sewer utility work to be completed in conjunction with the First Colonial Rd/Va. Beach Blvd. Intersection Improvement Project. Without this additional funding, the utility improvements will not be made concurrently with the roadway project. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager: rfr9 1 AN ORDINANCE TO APPROPRIATE $2,300,000 TO THE 2 FY 2021-22 WATER AND SEWER CAPITAL 3 IMPROVEMENT PROGRAM 4 5 WHEREAS, when feasible, Public Utilities coordinates capital projects with Public 6 Works to perform utility work in conjunction with roadway projects; and 7 8 WHEREAS, Public Works opened project bids in January 2022, and costs 9 associated with water and sewer utility work were higher than estimates for the relevant 10 capital projects. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $2,300,000 is hereby appropriated with $600,000 from available funds from 16 closed Water and Sewer Enterprise Fund capital projects and $1,700,00 from the net 17 position of the Water and Sewer Enterprise Fund. Such funds are appropriated to the 18 following capital projects: 19 1) $1,475,000 is for Capital Project #100186, "First Colonial Rd/VA Beach Blvd 20 Intersection Improvements - Sewer;" and 21 2) $825,000 is for Capital Project #100185, "First Colonial Rd/VA Beach Blvd 22 Intersection Improvements — Water." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: td/V-j1(/ udget and Management Services - • ttor y's Office CA15745 R-1 March 23, 2022 ►tw��wv[ 4-?"-al,., .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funding to Support the Adult Protective Services Program in the Department of Human Services MEETING DATE: April 5, 2022 • Background: The Commonwealth of Virginia, through its Department of Social Services, has allocated American Rescue Plan Act (ARPA) funds as grants to assist and enhance services provided by the Adult Protective Services (APS) Program in the Virginia Beach Department of Human Services. The purpose of the ARPA funding is to improve and enhance services for APS clients. Funds awarded under this grant will provide local APS programs with resources to enhance, improve, and expand the ability of APS staff to serve APS clients. • Considerations: Since the adoption of the City's FY 2021-22 Operating Budget, the total award for the City of Virginia Beach increased by $37,174. These additional funds are intended to support APS services, including the response to the COVID-19 pandemic. This funding enables the purchase of goods and services for adults older than 60, or aged 18-59 and incapacitated, who receive services through a local APS program. Funding will support the purchase of technology, materials, and resources to enhance, improve, and support the prevention of adult maltreatment and local investigations of adult abuse, neglect, or exploitation related to COVID-19 pandemic. This is one-time funding with no local match. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING TO SUPPORT THE ADULT PROTECTIVE 3 SERVICES PROGRAM IN THE DEPARTMENT OF HUMAN 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $37,174 is hereby accepted from the Virginia Department of Social Services and 10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 11 2021-22 Operating Budget of the Department of Human Services to enhance and improve 12 the Adult Protective Services program, including the response to the COVID-19 13 pandemic. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i 0 Budget and Management Services ttorneys Office CA15741 R-1 March 23, 2022 .,.-^- re/ ,,v, "y .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funding for the Promoting Safe and Stable Families Program in the Department of Human Services MEETING DATE: April 5, 2022 • Background: The Department of Human Services receives annual funding from the Virginia Department of Social Services for the Promoting Safe and Stable Families (PSSF) Program. This funding is based on the current five-year plan (2020-2024) submitted by the City. The primary goals of the PSSF Program are to prevent the unnecessary separation of children from their families, improve the quality of care and services to children and their families, and to ensure permanency for children by reuniting them with their parents, or through adoption, or by another permanent living arrangement. The services provided through the program are child-centered, family-focused, and community-based. Families in the City are found eligible for the PSSF program through an application submitted by the case manager, which provides background information as it relates to the needs of the family. Each family's services are unique and are designed to address the overall family goals. • Considerations: Human Services is being offered additional funding through the Virginia Department of Social Services for the COVID Promoting Safe and Stable Families Program in the amount of $16,435. These funds need to be used before September 30, 2022. A local match is not required. These funds will be used to purchase goods and community-based services for children and families that will help support their case service plans, preserve the family unit, and reunify children with their families. Funds may be utilized for such services as assistance with utility and rent payments, substance abuse treatment, counseling, and evaluations to assess individual strengths and identify further treatment needs. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FOR THE PROMOTING SAFE AND STABLE 3 FAMILIES PROGRAM IN THE DEPARTMENT OF HUMAN 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $16,435 is hereby accepted from the Virginia Department of Social Services and 10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 11 2021-22 Operating Budget of the Department of Human Services to support the 12 Promoting Safe and Stable Families Program through the purchase of goods and services 13 for participating children and families. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' orney's Office CA15742 R-1 March 23, 2022 �,a�"�'"!2P, ro ,e s_, •i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Replacement of Outdated or Obsolete Items for the Police Special Operations Unit MEETING DATE: April 5, 2022 • Background: The Virginia Department of Emergency Management has awarded the Virginia Beach Police Department $145,000 in grant funds from the U.S. Department of Homeland Security Federal Emergency Management Agency through the 2021 State Homeland Security Grant. The grant period is October 1, 2021 through July 31, 2023. The purpose of this funding is to assist state and local efforts to prevent, prepare for, protect against, and respond to acts of terrorism. The funding will be used to purchase equipment to replace outdated or obsolete items in the Police Special Operations Unit. This equipment will better enable the Police Department to prevent and respond to potential acts of terrorism. • Considerations: This grant provides $145,000 of federal funding. No local match is required. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: //er) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE REPLACEMENT OF OUTDATED OR 3 OBSOLETE ITEMS FOR THE POLICE SPECIAL 4 OPERATIONS UNIT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $145,000 from the Virginia Department of Emergency Management via the U.S. 10 Department of Homeland Security, Federal Emergency Management Agency is hereby 11 accepted and appropriated, with federal revenue increased accordingly, to replace 12 outdated or obsolete items for the Police Special Operations Unit. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4-AJtj\''' /(1(j ' Budget and Management Services Cit or s Office CA15739 R-1 March 23, 2022 K. PLANNING 1. BAKER ROAD PROPERTIES, LLC for a Conditional Change of Zoning from I-1 Light Industrial District to Conditional A-36 Apartment District re construction of 524 dwelling units at a density of 35.67 units per acre at 1276 Baker Road DISTRICT 4 (formerly District 4 — Bayside) RECOMMENDATION: APPROVAL 2. NORTH INDEPENDENCE STORAGE, LLC / WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9 (formerly District 4 —Bayside) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO APRIL 19, 2022 3. GEORGI STOYANOV for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue,Unit 115 DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL STAFF REQUESTS DEFERRAL 4. JESSE RYAN for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit C DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the City Zoning Ordinance (CZO)to ADD requirements to Energy Storage Facilities;Ordinance to AMEND Sections 1001 of the City Zoning Ordinance (CZO) to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts(Sponsored by Vice Mayor Wilson) RECOMMENDATION: APPROVAL V s r.V4r,, - (= h �eYetc . r / -4Lw.,, NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 5,2022 at 6:00 p.m.In the Council Chamber at City Hall, Building 1, 2. 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 https://vbgov.webex.com/vbgov/onstage/g.oho?MT lD=ee67a2f497eeaa`43d1051de9f064cccd 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on April 5,2022. The following requests are scheduled to be heard: City of Virginia Beach-An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities.An Ordinance to add Section 225.02 to 011117 the City Zoning Ordinance to add requirements to energy storage facilities.An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with a Conditional Use Permit in the I-1 and 1-2 Districts. Baker Road Properties,LLC(Applicant&Property Owner) Conditional Rezoning (I-1 Light Industrial District to Conditional A-36 Apartment District for construction of 524 dwelling units at a density of 35.67 units per acre)Address: 1276 Baker Road GPIN(s):1469014169 Council District District 4 North Independence Storage,LLC(Applicant)Wells Fargo (Property Owner)Conditional Use Permit(Mini-Warehouse) Address: 1612 Independence Boulevard GPIN(s): 1479239414 Coundl District District 9 Georgi Stoyanov(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 4005 Atlantic Avenue, Unit 115 GPIN(s): 24280514483890 Council District District 6 Jesse Ryan(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:909 Pacific Avenue, Unit C GPIN(s):24272444111015 Council District District 5 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.com/government/departments/city-clerk/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-MARCH 20&27,2022-1 TIME EACH Ir� ��_ N N� N 'Fr)m �Q \ co .. z ., h- f ti likr. \V ccji3 ..e N 0\ z Q \ \,/4Q ' . T N Nm v O m drN o 4 a ,:zo A0?°' 4, > so__•0 ,) .....-- ov _3_ 0 _,:____, 240 - _ : Ng r`\ N N CO p (i) \ \6 J cCiLf 13 , a = r:::D 1 p, : 1 as Bawer_ROad k' \\__ ___ n En 0 0 0 , ,' ..--- n c=3 D% u 1-7Q .r D 0o Qo 0 0 Qo 9.% •' , col 04 8o 00 �o 2.110,/II 0 0 \I ��O Nl . , o0 � fo% � I o - D o DO oO0 O O, , A0�. / / 0 q .°i , o %.0•-' ' A . ., , 00 oS V ‘7. 00 0 0 l" g - , / 0_ t cm i ,,/ n ci,>‘ 0) c k / / ( e(g cn N CO a - r tU 1 �\Dt bf;�♦ rS /'1�yLi1 4,, % V% CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: BAKER ROAD PROPERTIES, LLC [Applicant & Property Owner] Conditional Change of Zoning (I-1 Light Industrial District to Conditional A- 36 Apartment District) for the property located at 1276 Baker Road (GPIN 1469014169). COUNCIL DISTRICT 4, formerly Bayside MEETING DATE: April 5, 2022 • Background: The applicant is requesting to rezone a 14.69-acre parcel from I-1 Light Industrial District to Conditional A-36 Apartment District to redevelop the property with a 524- unit multi-family residential community, with a resulting density of 35.67 units per acre. The property is located within the Burton Station Strategic Growth Area (SGA) and is currently developed with the vacant and unfinished DLH Sports Complex. The site currently consists of a football field with support buildings, a paved parking lot, an unpaved gravel area, and a large unfinished structure on the southern portion of the property which has been abandoned since approximately 2010. The existing buildings and infrastructure will be completely demolished in conjunction with the redevelopment of the site. The proffered Conceptual Site Plan depicts two multi-family buildings, four stories in height. Each building will have an extensive amenity package consisting of a courtyard with a swimming pool, clubhouse, fitness facilities, and a six-foot asphalt path surrounding both of the proposed stormwater management facilities. The proposed development requires 930 parking spaces and the number proposed exceeds this minimum by 20. The building elevations depict an urban style building with exterior materials consisting of fiber cement vertical panel siding, brick veneer, cast stone accents, and simulated-wood fiber cement siding. There are two stormwater management facilities proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that the development complies with all stormwater regulations will take place during the site plan review process. • Considerations: The redevelopment of this unfinished sports complex will be a welcome improvement to the area. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. Baker Road Properties, LLC Page 2 of 3 The Burton Station SGA Plan designates this property for mixed-use/multi-use, which offers the broadest range of uses and is intended to absorb both residential and commercial growth "depending on market demand". The proposed development embodies the envisioned characteristics of the Burton Station SGA as it properly integrates the development guidelines for multi-family residential development stipulated in Plan as well as in the Comprehensive Plan's Special Area Development Guidelines for Urban Areas. Elements planned that address these guidelines include an urban-style of development with high quality materials, open space features combined with the stormwater management facilities on the site, pedestrian pathways and connectivity throughout the site, and attractive landscaping to include extensive buffering to adjacent properties. The Traffic Impact Analysis indicated that while there will be some increases in vehicular delay for traffic on Baker Road turning onto Northampton Boulevard at the existing signalized intersection, there will be minimal increase to overall intersection vehicular delay during the morning and afternoon peak hours. Therefore, no improvements are recommended at the signalized intersection. Right-of-way improvements along Baker Road will include, but are not limited to, sidewalks, curb and gutter, and streetlights. Traffic Engineering Staff will provide more detailed comments during the site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Based on this, the redevelopment proposal is not expected to negatively impact the current student enrollment. After Planning Commission, the applicant revised the conceptual site plan to remove the typical unit types from the conceptual site plan, as they did not want to restrict the locations and types of units on the proffered plan. Staff is amendable to this change, as the location and types of units are not apart of the conditional rezoning review. 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 March 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Baker Road Properties, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6-- ri--/ lqi9City Manager: Applicant& Property Owner Baker Road Properties, LLC Agenda Item Planning Commission Public Hearing March 9, 2022 City Council District District 4,formerly Bayside 2 City of Virginia Beach Request Conditional Rezoning (I-1 Light Industrial District to Conditional A-36 Apartment District) Odessa Dr,c• Staff Recommendation f ` °� Approval P i ''-/ ,_ a 7 3h Fo,,,, 40,t - O -0Ww -d1.a • Staff Planner y�° �R�aT� Marchelle Coleman N el' I f / v 8 e 'aarRu° o Cf i N e Location a ° a �;• P C 1276 Baker Road m� 4 Ci GPIN 0 / -' 1469014169 e'`ry° / '�' Site Size ------ �� ` , 14.69 acres 0°fie, , 15, AICUZ ��,F,° ��c Less than 65 dB DNL �° skCO I Watershed '�� - ' Chesapeake Bay Existing Land Use and Zoning District �' 1-----_ ,�, •. _, ., . ` Unfinished sports complex/ I-1 Light Industrial 0 I. °"'1 'r - - ' _,. ' Surrounding Land Uses and Zoning Districts 4 fi,' lit ,;,, i -mot:•_, North . t % _ f -r - '3 IC4".. ' ,'".4 ' - ''- :',,,, e," Abandoned Railroad f ---_. , t V� Warehouse/ I-1 Light Industrial '0, �` - '. "! South ,► -!sii, .'._ �' Towing service, warehouse/ I-1 Light Industrial ' .4... East �� - �� tzitry ":. Warehouse, office, automobile repair garage/ �. - .w . < ? .4" -1 Light Industrial, 0-2 Office, B-2 Community ;, i. y = \ Business s f «¢... yam'• frie : West 4:74 . - •f •� . � -•t.4%�`�.,, .'" F , Baker Road i '+•►9 ti :: - ; -••• Mobile Home Park/A-12 Apartment Baker Road Properties, LLC Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone a 14.69-acre parcel from I-1 Light Industrial District to Conditional A-36 Apartment District to redevelop the property with a 524-unit multi-family residential community,with a resulting density of 35.67 units per acre. • The 14.69-acre property is located within the Burton Station Strategic Growth Area (SGA) and is currently developed with the vacant and unfinished DLH Sports Complex.The site currently consists of a football field with support buildings, a paved parking lot, an unpaved gravel area, and a large unfinished structure on the southern portion of the property. The existing buildings and infrastructure will be completely demolished in conjunction with the redevelopment of the site. • The submitted Conceptual Site Plan depicts two multi-family buildings,four stories in height. Each building will have an extensive amenity package consisting of a courtyard with a swimming pool, clubhouse, fitness facilities, and a six- foot asphalt path surrounding both of the proposed stormwater management facilities. • The proposed development requires 930 spaces.The Conceptual Site Plan shows 479 spaces for Building One and 471 spaces for Building Two, exceeding the minimum parking requirement by 20 spaces. There will be 34 covered bicycle spaces in each building, as shown on the Conceptual Site Plan. • The building elevations, as depicted on page 10 of this report, display an urban building style with materials consisting of fiber cement vertical panel siding, brick veneer, cast stone accents, and simulated-wood fiber cement siding. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each guideline is provided below in the Evaluation section of this report. • As shown on the Conceptual Landscape Plan,streetscape plantings along Baker Road and interior parking and building foundation plantings are proposed as required. In addition, a 15-foot wide landscape buffer with Category IV plantings is proposed along the northern, southern, and eastern property lines. The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • A Phase I Environmental Site Assessment was provided by Bay Environmental, Inc., dated March 1, 2021. The Phase I Environmental Site Assessment revealed that there is no evidence of Recognized Environmental Conditions (REC) or Historical Recognized Environmental Conditions on this property. Baker Road Properties, LLC Agenda Item 2 Page 2 Zoning History # Request 1 CRZ(Conditional I-1 to Conditional 0-2)Approved 02/26/2013 CUP(Single Room Occupancy Facility)Approved 02/26/2013 MODP Approved 03/13/2007 CUP(Hotel)Approved 03/13/2007 CRZ(B-2 to Conditional I-1)Approved 02/28/2006 2 CUP(Automobile Repair Garage)Approved 12/08/1998 3 CRZ(B-2 to Conditional I-1)Approved 01/14/1997 4 CUP(Tattoo Parlor)Approved 11/15/2016 R7.S = CUP(Vocational School)Approved 08/19/2014 _• 3 t 1i t, 5 CRZ(B-2 to Conditional A-36)Approved 08/19/2014 vsa`de' " t -' 6 CRZ(0-2 to Conditional 0-1)Approved 09/27/2005 7 CUP(Truck Rentals)Approved 05/22/2012 , ' , RSO CUP(Church)Approved 06/14/2005 �� 8 LUP Approved 07/29/1983 rr - a � 9 CUP(Automobile Service Station)Approved 07/12/2005 d sr • a A • Ic , �� /J� 10 CUP(Car Wash Facility)Approved 09/26/2006 v � I,iA,� j,V r 11 CRZ(B-2& I 1 to Conditional A-18)Approved twc 0 11/22/2011 20 18 - � �' �� 12 CUP(Self-Storage Facility)Approved 02/12/2013�:� - err..... c'.;'r 13 CUP(Automobile Service Station)Approved 06/27/2000 RSO • � . Pc:ie7 Bi ; ,HI ti CID 14 SVR(Variance to Lot Width)Approved 04/26/1994 ` 92 ' ` , ` 15 CUP(Contractor's StorageApproved 09/13/2005 Yard) Pp 16 CUP(Expansion to Electric Transformer Substation) Approved 10/07/2014 17 REZ(I-1 to A-1)Approved 08/03/1987 CUP(Mobile Home Park)Approved 08/03/1987 18 CUP(Truck Wash, Motel, Bulk Storage Yard)Approved 09/10/1996 CUP(Mini-Warehouse)Approved 06/28/2011 19 CRZ(R-5D to Conditional A-36)Approved 07/11/2017 20 REZ(R-5D to I-1)Approved 06/21/2016 21 CUP(Truck&Trailer Rentals)Approved 09/16/2014 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,this request to conditionally rezone this 14.69-acre parcel from I-1 Light Industrial District to Conditional A-36 Apartment District for the construction of up to 524 multi-family dwelling units is acceptable as it complies with the intent of the Burton Station SGA plan. In Staff's view,the proposed request for a multi-family development is compatible with the neighboring properties and will not negatively impact properties in the area. Accordingly,the proposed development embodies the envisioned characteristics of the Strategic Growth Areas (SGAs) and properly integrates the development guidelines for multi-family residential development stipulated in the Burton Station SGA Plan and the Comprehensive Plan's Special Area Development Guidelines for Urban Areas by adapting to a more urban style of development.The redevelopment of this site will provide open space features combined with the stormwater management facilities on the site, as there will be a six-foot wide asphalt path surrounding the facilities for Baker Road Properties, LLC Agenda Item 2 Page 3 residents to enjoy. Pedestrians are a major thought in the development of this site, as the buildings are pulled closer to the street with the parking behind and on the side of the buildings, as to not dominate the views along Baker Road. Pedestrians are able to walk easily to and from other businesses, streets, bus stops and sidewalks. As mentioned previously,the buildings are urban in design utilizing high quality and attractive materials. Lastly,the landscaping proposed on site provides extensive buffering to adjacent properties. The proposed landscaping offers an attractive and welcoming development with street frontage, interior parking lot, and building foundation plantings throughout. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each Guideline is provided below. Setbacks and Building Location—This Guideline recommends buildings be located close to the street to make it more pedestrian friendly with off-street parking behind or beside buildings. Consistent with the Guidelines,the buildings are placed close to the street and off-street parking is located behind the building, which helps to reinforce pedestrian circulation and allows pedestrians to walk along the building rather than along or across the parking lot. Street frontage plantings will be installed to provide an attractive screening along the right-of-way. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. The site layout for this project is designed to allow pedestrians to easily enter and exit the site using the sidewalks, as depicted on the Conceptual Site Layout plan the proposed layout is consistent with this Guideline. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind buildings and should create an internal circulation network that minimizes or eliminates curb cuts.To address this Guideline,the parking lot, as depicted on the Conceptual Site Layout Plan, is located behind and on the side of the buildings. While the three existing curbs will not be eliminated with this proposal, no additional curb cuts are proposed, ultimately providing a safe ingress and egress for residents and guests. The Guidelines call for bicycle rack parking to be encouraged inside parking structures. All bicycle racks will be located within the building and are covered. Landscaping—This Guideline emphasizes that the need for quality landscaping is essential to the built urban environment. The importance of street trees and planters should be recognized and planned into the design. As depicted on the Conceptual Landscape Plan, streetscape plantings along Baker Road include evergreen trees and evergreen shrubs. In addition, interior parking and building foundation plantings are proposed,as well as a 15-foot buffer area with Category IV plantings along the northern, southern, and eastern property lines. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. There are no known natural features on this site that are proposed to be protected as the site is already fully developed. Stormwater Management as Landscaping Features—This Guideline encourages whenever possible,stormwater retention and detention systems be designed as open space or landscape amenities. In this instance,two stormwater ponds are proposed for this development. Each stormwater pond will be surrounded by a six-foot wide asphalt path as an open space amenity for residence and guests. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare. Lighting for pedestrians should be provided using indirect illumination from the building. The proposed site is deemed to be consistent with the lighting Guideline, as lighting is proposed to reduce glare and trespass in the internal parking lot areas, around buildings, and will prevent spillover onto adjacent properties. A Conceptual Lighting Plan has been submitted with this application, as shown on page 12 of this report. Baker Road Properties, LLC Agenda Item 2 Page 4 Signs—As indicated in this Guideline, signs should primarily serve to identify the name and street number.The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. For this proposal, an eight-foot tall monument style sign with materials that match the buildings is proffered. Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. No outdoor art is planned for this project at this time. In synopsis,the applicant submitted a quality Conceptual Site Layout and Landscaping Plan that integrates the design characteristics identified in both the Burton Station SGA plan and the Special Area Development Guidelines for Urban Areas. The applicant is aware that based on the Public Utility sewer analysis,this proposal will require an upgrade of the existing public sanitary sewer mains to provide sufficient capacity for this development. During the site plan review process, the site plan must show the design for the upgrade of the existing public sanitary sewer mains along Baker Road. The applicant submitted a Traffic Impact Analysis, dated January 27, 2022,to Staff for review.The Traffic Impact Analysis showed that while there will be some increases in vehicular delay for traffic on Baker Road turning onto Northampton Boulevard at the existing signalized intersection,there will be minimal increase to overall intersection vehicular delay during the morning and afternoon peak hours.Therefore, no improvements are recommended at the signalized intersection at Baker Road and Northampton Boulevard. It is the opinion of Staff that the traffic generated by this multi- family development will result in 3,921 average daily trips. Based on the projected number of vehicles generated, the three vehicular ingress/egress access points will be able to accommodate the multi-family development and does not warrant the need for left or right turn lanes on Baker Road. Right-of-way improvements must be installed with this development along Baker Road to include, but not limited to, sidewalks, curb and gutter, and streetlights.Traffic Engineering Staff will provide more detailed comments during the site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school data indicates a student population above capacity.The over capacity is within the acceptable utilization range of greater or less than 10%of optimum capacity. Based on this,the redevelopment proposal is not expected to negatively impact the current student enrollment. This site is located in the Chesapeake Bay Watershed;therefore, a preliminary stormwater analysis is not required prior to this item being reviewed by Planning Commission and City Council. As indicated on the conceptual site plan, two stormwater management facilities are proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Based on these considerations above, Staff recommends approval of the 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. Baker Road Properties, LLC Agenda Item 2 Page 5 Proffer 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "Baker Road Apartments", dated August 30, 2021, and prepared by Vanasse Hangen Brustlin, Inc. (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the building constructed on the Property,when developed, shall be in substantial conformity with the exhibits prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments - Elevation at Entrance, Material Key",dated October 26,2021,and "Baker Road Conceptual Rendering",dated October 12, 2021 (together the "Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. Proffer 3: Landscaping installed on the Property,when developed, shall be in substantial conformity with that shown on the exhibit prepared by Vanasse Hangen Brustlin, Inc., entitled "Conceptual Planting Plan", and dated September 9, 2021 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: The community identification sign on the Property shall be a monument-style sign not exceeding eight (8)feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Burton Strategic Growth Area, which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions to accommodate future growth and adopt a more urban style in the City. The Burton Station SGA Plan designates this property for mixed- use/multi-use,which offers the broadest range of uses and is intended to absorb both residential and commercial growth "depending on market demand". Combined stormwater management features with open space and recreation opportunities are also recommended for this property. The property particularly resides in a development focus area called Northampton/Diamond Springs/Baker Road Corridors in the Burton Station SGA Plan. This area is described with a variety of commercial uses, including retail, restaurant, office, and hotel, as well as residential uses all up to five stories in height. All uses within this area should incorporate open space as properties redevelop to continue green and pedestrian connections. New landscaping and pathways around Burton Station Lake transform this stormwater management facility into an outdoor amenity, attracting employees, customers, and residents. Baker Road Properties, LLC Agenda Item 2 Page 6 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 Existing Land Use z—No Data Available Baker Road 6,170 ADT1 12,600 ADT 1(LOS°"D") Existing Zoning(14.7-acre I-1 Zoning)—1,117 ADT Proposed Land Use 3-3,921 ADT 1 Average Daily Trips 2 as defined by an unfinished 3 as defined by a 524-unit multi-family a LOS=Level of Service sports complex apartment complex Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Baker Road is a two-line undivided collector road in the vicinity of this site with a variable right-of-way width.This section of Bake Road is included in the MTP as a two-lane minor collector roadway within a 70-foot right-of-way. Public Utility Impacts Water The site is currently connected to City water. There is an existing six-inch City water main along Baker Road. Sewer The site is currently connected to City sewer.There is an existing eight-inch City sanitary sewer gravity main and an existing 1.5-inch private sanitary sewer force main along Baker Road. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Bayside Elementary 484 students 509 students 41 students 41 students Bayside Middle 1,090 students 1,216 students 16 students 16 students Bayside High 1,882 students 1,985 students 18 students 18 students '"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant reported that they met with 11 of the surrounding property owners to include the attorney representing the mobile home park to the west of the site. The applicant discussed the details of the request with all of the adjacent property owners,with only one property owner raising concerns related to how the new multi-family development will impact their commercial business. The applicant will be meeting with the concerned property owner to discuss their concerns further. Staff will be updated once the meeting is scheduled, and how the concerns of the property owner have been addressed by the applicant. Baker Road Properties, LLC Agenda Item 2 Page 7 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 7, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 20, 2022 and February 27, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 21, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 21, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 1, 2022. Baker Road Properties, LLC Agenda Item 2 Page 8 Proposed Conceptual Site Plan ,' ,r' __ 1 ' -_ , -. �a 1 L t,g!!.z q. I ,[1'r I I Ili- 1 f. ' -14 i I I i- -' .-..?! - .,:_ f it I -• I— s . 1 _ �1 l. : - -F- I 1 t II .y 0 J ' ",t I 1 b- i .4 ,,, I 'P 3 cc _ ' ` lit-uOil i ik I ! ,- Pot ,, .4..,(--,i +; I ; - 1 I I 41,1 Ill11 I. 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Baker Road Properties, LLC Agenda Item 2 Page 14 Disclosure Statement Disclosure Statement CCUs of vwrM,/,ch 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 Baker Road Properties,LLC Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. Rob P.Beaman Ill-Troutman Pepper Hamilton Sanders LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?U Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Frank T.Gadams,Manager • If yes,list the businesses that have a parent subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Baker OZF LLC;JMS OZ Fund,LLC,Ballison OZ LLC;SPAB LLC '"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "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. 11 Baker Road Properties, LLC Agenda Item 2 Page 15 Disclosure Statement Disclosure Statement CityCh 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 I. 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. Atlantic Union Bank 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?I Yes D No • If yes,identify the firm and individual providing the service. Cavanaugh Nelson PLLC;Mark Nelson 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Grey Mason-Cox,Kliewer&Company,P.C. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 8 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Baker Road Properties, LLC Agenda Item 2 Page 16 Disclosure Statement Disclosure Statement �.-- Planning&Community Ckn elopment 6. Does the applicant have a construction contractor,n correction with the subject of the applicator or any business operat ng or tc be operated on the property?❑Yes ®No • If yes,identify the company and inc vidual providing the service. 7. Does the applicant have an engineer/surveyor/agent in co^section with the subject of the application o•any business operating or to be operated on the property? hi Yes ❑ No • If yes,identify the firm and individual providing tie service Ken Rodman—Vanasse Hansen Brustlin.Inc. 8. Is the applicant recessing legal services in correction with the subject of the application or any business operating or to be operated on the property?U. Yes ❑ No • It yes, certify the firm and individual providing the service. Rob P.Beaman Ill—Troutman Peooer Hamilton Sanders LLP Applicant Signature I certify that all of the information contained in this Disclos.are Statement Form is complete,true,and accurate. I unuer tend thd; upon recelot of ro:ification that the application has beer 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 7 41%./t. 0)41}4rvi.i / t11411,./A Print Name and Title /0/ tAlci I Date Is the applicant also the owner of the subject property? I Yes ❑No • If yes,you do not need to fel out tie owner d sciosure 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 3/22/2022 signature '`""r"' Marchelle L.Coleman Revised 11 09.2020 wage Baker Road Properties, LLC 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. Baker Road Properties, LLC Agenda Item 2 Page 18 Prepared by and return to: Robert P.Beaman III,Esq.(VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this"Agreement") made this )O day of OCri3 . , 2021, by and between BAKER ROAD PROPERTIES LLC, a Virginia limited liability company (hereinafter referred to as the "Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee", to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, having an address of 1276 Baker Road, Virginia Beach, VA 23455 and being identified as GPIN 1469-01-4169-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the "Property"); and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from I-1 to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-36 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall GPIN: 1469-01-4169-0000 120411664v1 243538.000091 continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Baker Road Apartments", dated August 30, 2021, and prepared by Vanasse Hangen Brustlin, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the building constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments - Elevation at Entrance, Material Key", dated October 26, 2021, and "Baker Road Conceptual Rendering", dated October 12, 2021 (together the "Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. 3. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Vanasse Hangen Brustlin, Inc., entitled "Conceptual Planting Plan", and dated September 9, 2021 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The community identification sign on the Property shall be a monument-style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 120411664v4 2 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] 120411664v4 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BAKER ROAD PROPERTIES LLC, a Virginia limited liability company By: Frank T. Gadams,Manager STATE/COMMONWEALTH OF II i 1 V1,1& CITY/COUNTY OF W Orly t{ . ,to-wit: The foregoing instrument was sworn to and acknowledged before me this a b day of C CIre Z , 2021, by Frank T. Gadams, as Manager of Baker Road Properties LLC, a Virginia limited liability company. He is either (personally known) to me or has produced as identification. Witness my hand and official stamp or seal this 96 day of GUi)VW,2021. &tit 746 Notary P (SEAL) My Commission Expires: f o/31/c ,4 DES NOTARY PUB Registration Number: 800l4'1 REGISTRATICOMMONWEALOTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31,2024��...� 120411664v1 243538.000091 4 EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 1-A, as shown on that certain plat entitled "Resubdivision of Parcel 1 & Parcel 2 (M.B. 3, pg. 55) (M.B. 3, Pg. 139) Virginia Beach, Virginia, dated May 12, 2008", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Instrument #20080619000724260. It being the same property conveyed to Baker Road Properties LLC, a Virginia limited liability company by deed from 1276 Baker RD LLC, a Florida limited liability company dated April 16, 2021 and duly recorded April 29, 2021 in the aforesaid Clerk's Office as Instrument Number 202103035976. 120411664v1 243538 000091 5 Virginia Beach Planning Commission March 9, 2022 Public Meeting Agenda Item #2 Baker Road Properties, LLC [Applicant& Property Owner] Conditional Rezoning I-1 Light Industrial District to A-36 Apartment District for construction of 524 dwelling units at a density of approximately 35.67 units per acre. 1276 Baker Road RECOMMENDED FOR APPROVAL - CONSENT George Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? All right. Hearing none, I'm going to go to consent agenda item number two, Baker Road Properties, LLC for I-1 Light Industrial District Conditional A-36 Apartment District. Is there a representative here to speak? Please state your name for the record. Rob Beaman: Thank you, Mr. Vice Chairman. For the record, my name is Rob Beaman, local land use attorney with the Troutman Pepper law firm. Here today on behalf of the applicant, we've had a chance to read the conditions, they're acceptable and we appreciate being on consent. Thank you very much. George Alcaraz: Thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, I've asked Commissioner Dave Redmond to read this for the record. Dave Redmond: Thank you, Mr. Alcaraz. Mr. Chairman, this is an application of Baker Road Properties, LLC for Conditional Rezoning from I-1 Light Industrial to Conditional A-36 Apartment District on Baker Road in the Bayside District. The applicant is requesting to rezone an almost 15 acre parcel from I-1, as I mentioned to Conditional A-36 Apartment to redevelop the property with a 524 unit multi-family residential community. That would result in a density of about 35 and a half units per acre. This property is located and there you can see the graphic showing the layout of the buildings. This property is located within the Burton Station Strategic Growth Area, and it's currently developed with a vacant and unfinished sports complex. You've probably seen... Thank you. You've probably seen that complex for many years. It was not successful. Consists of a football field, some support buildings, some paved areas, but it's not in great shape. Dave Redmond: 1 The submitted site plan depicts two buildings, each four stories in height and each will have an extensive amenities package. As you can see, there are two stormwater ponds. There's a great deal of new landscaping. The development requires 930 spaces, 930 spaces by code parking spaces. It actually has 20 parking spaces beyond that. So it certainly is adequately parked. More importantly, the project helps to diversify the existing product within Burton Station. It replaces an aging and failing unfinished potential business with a highly desirable use, namely housing, which is in short supply and does so... Thank you again, laptop guru. With a modern design that will fit well into the Burton Station area. In short, it's a positive improvement on the property that serves a particularly needed use. There was no opposition today and the Commission therefore places it on a consent. Thank you, Mr. Chairman. George Alcaraz: Thank you. Mr. Chair, that was the last item on the consent agenda. Consent agenda and the Commission places the following applications on the consent agenda, items one, two, four and five. Jack Wall: Okay. Thank you. Do I have a motion to approve by consent items one, two, four, and five? Madam Clerk: I'm sorry, Mr. Wall, who made that motion? John H. Coston: George made it. George Alcaraz: Yeah. I was going to make it. Jack Wall: Yes. Yeah, go ahead. George Alcaraz: Thank you. I make a motion to approve agendas one, two, four, and five in the consent agenda. Jack Wall: Okay, thank you. It's there a second? Donald H. Horsley: 2 Second. Jack Wall: Okay. Dave Redmond: Mr. Chairman. Jack Wall: Yes? Dave Redmond: Mr. Chairman, I am going to vote in favor of those items on the consent agenda. However, should note that I have a letter on with the City Attorney's office. So I will specifically be abstaining on agenda items, number four and five, the two short-term rental applications. I have a client in the travel industry and I abstain from not just individual applications, but any sorts of ordinances that relate to that as well. Thank you. Jack Wall: Okay. Thank you. So we have a second. Do we have any other abstentions? Okay. The motion for approval is made by Mr. Alcaraz and seconded by Mr. Horsley. Madam Clerk: Thank you, Mr. Chairman. The vote is open. Barry Frankenfield: Let's see if I can do this. I've never done this before. I've never done it before. Madam Clerk: By recorded vote of 11 in favor and zero against agenda items one and two, are recommended for approval. By recorded vote of 10 in favor, zero against with an abstention by Mr. Redmond on agenda items four and five have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE 3 Klein AYE 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 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 developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Baker Road Apartments", dated August 30, 2021, and prepared by Vanasse Hangen Brustlin, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the building constructed on the Property,when developed, shall be in substantial conformity with the exhibits prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments - Elevation at Entrance, Material Key", dated October 26, 2021, and "Baker Road Conceptual Rendering", dated October 12, 2021 (together the "Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Vanasse Hangen Brustlin, Inc., entitled "Conceptual Planting Plan", and dated September 9, 2021 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: The community identification sign on the Property shall be a monument-style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 5: 4 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 5 Troutman Pepper Hamilton Sanders LLP -" 222 Central Park Avenue, Suite 2000 tr( it an i` Virginia Beach,Virginia 23462 pepper troutman.com R.J.Nutter II rj.nutter©troutman.com March 29, 2022 VIA ELECTRONIC CORRESPONDENCE Amanda Barnes Virginia Beach City Clerk 2401 Courthouse Drive Suite 281 Virginia Beach, VA 23456 Re: Conditional Use Permit(CUP)Application by North Independence Storage, LLC Dear Ms. Barnes: I represent North Independence Storage, LLC which has applied for a Conditional Use Permit for a self-storage facility on Independence Boulevard. This application is currently scheduled to be heard on Tuesday, April 5th, 2022 at 6 pm. My client and I have been busy addressing issues raised during the Planning Commission but need a little more time to complete that work. As such, we would like to request a deferral of the application from the April 5th City Council Agenda to Council's April 19th, 2022 Agenda. Thank you for your assistance in this matter. Very truly yours, R.J. Nutter II cc: Louis Jones (via email) Marchelle L. Coleman, Planning Department (via email) Eugene Chircu (via US Mail) Jeff Ward (via US Mail) Melanie Tuel (via US Mail) Ida Ortiz (via US Mail) Connie Jones (via email) 09i SL£ 00£ SZZ 051. 9L9L£0 6uiplin8 6u!u07 Q s pienalno8 aauapuadapul Z I.91. suo6AIod A adoJd AI& all `a6eJo}s aauapuadapul uPoN Nay apg KA N \ ' ?--\ \is)., (\ )\-'-'° ) - ,iifil/ UN , MI ,Z ,/)*\>, 0 0 . .0. % Q6\ ZO 0 ZO) 16 �� ,\'`)s <5 . o, 0 00 1.21 Z8V4%,- -,,,0 \' . Q 0 . 0\ - - -,- ' 0,,\2 -0\ - CS'ini 4 " \ 0 ex..< A / / 4, . , <> oi.N- 0 r **Is‘ 0 °.oa 0 \°<#0 .c . , / o --0 Q t'' 000 '10. ,„? e), ' I . \ 0 : 13e,ti . ' ,/ , Q o 1 . ./,)di / 5 L2J6 '�`. O4,4v, f/N � j 0 ' ° 0, Z8�� *\ , , , NN N r,P2 7 ,*: -NN , \, 44*A'°'. AO Ao_ ,,,,),,, / L � PA7i �'' Z8 ,5 121__ eo % '�- , 40'�"'9 101' Zo. *_ Q �� it 4,P4' ' ,, i,r �, °�" 3\' ♦ Z-$2 ♦� Zed / t ebo � / ,,,rye U E, � lcw� '1, i i— � S! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NORTH INDEPENDENCE STORAGE, LLC [Applicant] WELLS FARGO [Property Owner] Conditional Use Permit (Mini-Warehouse) for the property located at 1612 Independence Boulevard (GPIN 1479239414). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: April 5, 2022 ■ Background: The applicant is requesting a Conditional Use Permit for a Mini-Warehouse in order to construct a three-story, climate-controlled, self-storage facility with 1,000 square feet of office space on a 1.30-acre parcel zoned B-2 Community Business District. A bank, Wells Fargo, previously occupied the site. The existing building will be demolished with the redevelopment of this site. The proposed 90,000 square foot building will vary in height, from 34 feet adjacent to existing townhomes and 40 feet along Independence Boulevard. The submitted building elevations and renderings depict façades of a neutral color palette with brick veneer, metal panels, EIFS, simulated wood, and aluminum storefronts. A loading area with an overhead canopy to match the covered building entry is proposed on the front of the building along Independence Boulevard. • Considerations: The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development. The proposed redevelopment of this site is a quiet and low traffic generator that will be compatible with the existing development in the vicinity that includes both commercial and residential uses. The storage facility will provide a service to the surrounding businesses and residences. The proposed rear building height, adjacent to the residences will be no taller than 34 feet, thereby meeting the 35-foot maximum height limit within 100 feet of a residential or apartment district. In addition, the building design proposed resembles more of an office building rather than a self-storage facility with neutral tone colors. In addition, the rear of the building will have a staggered finished wall to provide visual relief and mitigate shadowing. The applicant is not proposing to externally light the rear of the building with the exception of light fixtures over the doors of the fire exits that will be directed downward to reduce the shining of light above the fence line towards the townhouses. Condition 7 (c) will require that only motion activated lighting fixtures be installed at a height of no more than 10 feet North Independence Storage, LLC Page 2 of 4 along the northeastern property line abutting the apartment district, in an effort provide additional protections to the adjacent residences. According to the applicant, underground storage is proposed to address stormwater water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Staff with the Planning Commission's concurrence recommends the closure of one of the ingress/egress access points to reduce the number of conflict points for both vehicular and pedestrian traffic. Independence Boulevard is a major urban arterial roadway that carries approximately 39,000 vehicles per day. This reduction from two to one vehicular access point will lessen the potential for accidents on this higher speed, highly traveled roadway, as well as improve safety for not only motorists but also for pedestrians accessing or crossing the point of ingress/egress. Initially, the applicant was proposing that the two existing ingress/egress points along Independence Boulevard would remain. At the hearing, the applicant retracted their viewpoint and agrees to remove one of these accesses, as noted in Condition 5. Staff received two letters of support; however, one letter of support was withdrawn by the owner of the Thoroughgood Shopping Center after hearing concerns regarding the proposal from the tenants of the shopping center. Three letters of opposition and a petition of opposition from nearby residents was received stating concerns related to potential flooding, reduction in property values, and the large size of the building. There were five speakers in opposition at the Planning Commission public hearing stating similar concerns, as indicated in the letters of opposition. With regard to drainage concerns, during the applicant's presentation to the Planning Commission, it was noted that the site was constructed in the 1970s before the stormwater regulations were in effect. The intent is to remedy this situation by putting in the first stormwater system in this area. The applicant proposes to install underground storage facilities that will channel all the water toward Independence Boulevard away from the adjacent property owners. A slope exists in the rear of the property that drains water into the backyards of the townhomes. The applicant intends to grade that area, so it no longer dips toward those properties abutting the site. During Staff's briefing to City Council several comments were made related to the size of the proposed building compared to the storage building on Northampton Boulevard. Regarding the size comparison, the storage facility on Northampton Boulevard is located on a 43,000 square foot parcel. The building is four stories in height consisting of a 23,310 square foot footprint with a total floor area of 89,412 square foot. The proposed building on Independence Boulevard is three stories North Independence Storage, LLC Page 3 of 4 and will have a 30,000 square foot footprint with a total floor area of 90,000 square foot and is located on a 1.30-acre parcel. The difference between the site on Northampton Boulevard and this one on Independence Boulevard is that the site on Northampton is surrounded by B-2 and H-1 zoned properties and not residential. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. • Recommendation: On March 9, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 2. 1 . When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "OCEAN STORAGE — INDEPENDENCE", dated February 24, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "OCEAN STORAGE", dated March 3, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "OCEAN STORAGE — INDEPENDENCE", dated February 24, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. When the property is redeveloped, the existing freestanding sign shall be in substantial conformance with the sign rendering entitled "OCEAN STORAGE", dated January 25, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. One of the two existing access points on Independence Boulevard shall be closed and be restored with curb, gutter, and sidewalk installation. 6. 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. 7. All outdoor lights shall comply with the following: North Independence Storage, LLC Page 4 of 4 a) Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b) Lighting fixtures shall not be erected any higher than fourteen (14) feet, except as noted below in c. c) Only motion activated lighting fixtures shall be installed on the rear facade along the northeastern property line that abuts the apartment district and shall be installed no higher on the rear of the building than ten (10) feet from the ground elevation. 8. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (1) Withdrawal Letter of Support Letter(s) of Opposition (3) Petition of Opposition (18 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department -- f0 City Manager: piii) Applicant North Independence Storage, LLC Property Owner Wells Fargo Agenda Item Planning Commission Public Hearing March 9, 2022 c,try<�f City Council District District 9,formerly Bayside 3 Virginia Beach Request Conditional Use Permit (Mini-Warehouse) Staff Recommendation `4=.(‘,,s,, / Approval S`^oo1 Road Perre,s�"eel :::,' B°�teVe� t i .el mpHookLane-') rstCourtRoadStaff Planner -�/ urch Point Place Marchelle Colemanmit �� �\/ orou9hg000 Curtrss Drive Orhe gillido's Location 'Yen'rC�erdas,onRo 1612 Independence Boulevard 'N, r 40* beko 0 se a da Q.. GPIN o�' a ,t 1479239414 \ d% 1e. 1 r' % a 'Qp p a `eG �' / Site Size a N� .� f. a Oo' O 1.30 acres ° c. 4 s �'"�� `� P 9L Q AICUZ °� ` ' �`° J `4. 7L 4p N fN Less than 65 dB DNL (N5:-\�dG od�ao< v o� Watershed \y/ d6 vi. 4044\\,,,,- Chesapeake Bay ` `J ` Existing Land Use and Zoning District ,,i r``' , . p Vacant former financial institution/ B-2 ' •Q-°'/ Community Business °° rc' fir- r • a;' r .t4.. . 4.c..• ,,,,-1 w BUJ i} . '40 r S. >j ,,Or Surrounding Land Uses and Zoning Districts - r' "'e!',,d°k • �°' '•.f,P-�, s4n �f \_ North <1 Townhouses/A-12 Apartment ,;�► ��`' ; - �. South i` c ,`. < n. , ,. Independence Boulevard .i;�. = ,,.„`,' e. 4;�,�,qia J,) Restaurant, shopping center/ B-2 Community .;, ;��° Business ,,,w ._ <✓: % • •,' : ., , o s. O r�'i O'. ♦ r 4 Y -_ East 'r!•?o': .,, ' ',., ram. , ,�,`'t. Auto sales/ B-2 Community Business A *,;e O!•, `�;. P'`c ..,,. "- 4 I West F` s*rQ� `,.• e�`�,, �.<-' 4.,1' Shopping center/ B 2 Community Business ' ' ! ode � ��r d �'i�!�' North Independence Storage, LLC Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Mini-Warehouse in order to construct a three-story climate-controlled self-storage facility on a 1.30-acre parcel in the B-2 Community Business District. The property is currently developed with a former Wells Fargo bank building, which will be demolished with the redevelopment of this site. • The proposed building will have a 30,000 square foot footprint with a total floor area of 90,000 square feet. The building height for the proposed building will vary in size, as described below: o 34 feet in height closest to the townhomes to the northeast o 35 feet in height to the northwest and southeast o 40 feet in height to the southwest along Independence Boulevard • As depicted on the building elevations and renderings,the facade will consist of a neutral color palette with brick veneer, metal panels, EIFS, simulated wood, and aluminum storefronts. A loading area with an overhead canopy to match the covered building entry is proposed on the front of the building along Independence Boulevard. • The conceptual landscape plan shows the required building foundation, interior parking lot, and street frontage plantings. Category II plant material, reaching a minimum height of five to six feet at installation and 20 feet at maturity, is proposed to provide enhanced screening for the loading canopy space visible from the public right-of- way. A 15-foot wide buffer with Category IV landscape plantings is also proposed, as required, adjacent to the townhouse's northeast of the site. • The conceptual site plan depicts 15 parking spaces on-site, which exceeds the maximum of nine spaces for a mini- warehouse with 1,000 square feet of office space by six spaces.The applicant intends to request a deviation for parking in excess of the maximum allowed from the Planning Director, per Section 203(b)(9)of the Zoning Ordinance, during final site plan review. • A 10-foot tall freestanding monument style-sign is proposed on site. The monument-style sign will have a brick base with simulated wood to match the proposed building materials. • As depicted on the conceptual site plan,the applicant seeks to retain the two existing ingress/egress access points along Independence Boulevard.This is not supported by Staff. • Customer access into the building is proposed as 6:00 a.m. to 9:00 p.m., and the office operating hours proposed as 9:00 a.m.to 6:00 p.m.,seven days a week, with up to three employees on site. North Independence Storage, LLC Agenda Item 3 Page 2 • B1 eg �'✓ 1� Fitt • ez 'Gy� ' Zoning History / nor ` '�,q, (,;� 17115 # Request 4,„, ;�i�.:,. 1 CUP(Auto Sales)Approved 05/14/1996• CUP(Automotive Repair Facility)06/13/1995 262 � ._Af2.; .• ".��a" 2 CUP(Church)Approved 03/11/2008 ,� Y O� .� � � CUP(Church)Approved 10/02/2001 4 �`` R7 5 3 STC(Portion of Pleasure House Road)Approved 02/23/1997 / A �' 4'11 4 CUP(Car Wash Facility)Approved 09/24/1996 R�•S B CUP(Used Car Sales)Approved 05/14/1996 R1046 26 141 a 10 5 CUP(Auto Service Station)Approved 09/13/1994 Q2\ �,to •KT 5 '64. 44, 6 CUP(Automotive Repair Facility)Approved 06/13/1995 •• R10 R.1O RtO. Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This request for a Conditional Use Permit for a Mini-Warehouse, in Staff's opinion, is acceptable. The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development. The proposed redevelopment of this site is compatible to the existing development around it.The proposed self-storage facility is surrounded by both commercial and residential uses and provides a service to the surrounding businesses and residences. It is anticipated that this self-storage facility will have minimal impacts on the adjacent properties. In Staff's opinion,the applicant considered the surrounding properties when developing the site layout and building design, specifically for the townhome community to the northeast of the site. The proposed rear building height, adjacent to the residences, is 34 feet, meeting the 35-foot maximum height required within 100 feet of a residential or apartment district. In addition, the building design proposed resembles more of an office building rather than a self- storage facility with neutral tone colors, consisting of mostly tan and beige. As depicted on the building renderings,the rear of the building has a staggered finished wall instead of a straight wall which is preferable, as it provides visual relief and helps to mitigate shadowing. Initially,faux windows were considered in the design of the rear of the building but were not added, as to not give the appearance of onlookers into the backyards of the adjacent residential properties. The applicant is not proposing to externally light the rear of the building with the exception of light fixtures over the doors of the fire exits that will be directed downward to reduce the shining of light above the fence line towards the townhouses. Staff is recommending that only motion activated lighting fixtures be installed at a height of no more than 10 feet along the northeastern property line abutting the apartment district, as noted in Condition 7c,to provide additional protections to the adjacent residences. The proposed redevelopment of this site will include a newly planted 15-foot wide Category IV landscape buffer that will provide adequate screening for the adjacent townhome community to the north. Currently,the property lacks the required streetscape plantings along Independence Boulevard, as the site was built in 1971 prior to the establishment of the landscape buffering and screening requirements. As depicted on the conceptual site plan, a covered loading area with three loading spaces is proposed in the front of the building visible from Independence Boulevard. The proposed streetscape plantings will not only improve the aesthetics but will also provide additional screening of the loading area from the public right-of-way. Ultimately,with the proposed plantings depicted on the landscape plan,the site will North Independence Storage, LLC Agenda Item 3 Page 3 conform to current landscape requirement standards including the installation of the required streetscape plantings consisting of evergreen and deciduous trees and shrubs, as well as building foundation and interior parking lot plantings. As mentioned previously,there are two existing ingress/egress access points along Independence Boulevard on this 1.30-acre parcel.The applicant is proposing that these two access points remain; however,Staff is recommending the closure of one of the ingress/egress access points to reduce the number of conflict points for both vehicular and pedestrian traffic. Independence Boulevard is a major urban arterial roadway that carries approximately 39,000 vehicles per day. It is Staff's opinion that by reducing the number of access points from two to one, it will lessen the potential for accidents on this higher speed, highly traveled roadway. The reduction in the number of entrances on this parcel is needed, as it will make for a much safer situation for both motorist and pedestrians accessing or crossing the point of ingress/egress. Condition 5 is recommended for the closure of one of these access points. The applicant is not amendable to this reduction. As this site is located in the Chesapeake Bay Watershed, a preliminary stormwater analysis is not required prior to this item being reviewed by Planning Commission and City Council. According to the applicant, underground storage is proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Based on these considerations, Staff recommends approval of the application, subject to the conditions listed below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "OCEAN STORAGE— INDEPENDENCE", dated February 24, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "OCEAN STORAGE", dated March 3, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "OCEAN STORAGE—INDEPENDENCE", dated February 24, 2022, prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. When the property is redeveloped,the existing freestanding sign shall be in substantial conformance with the sign rendering entitled "OCEAN STORAGE", dated January 25, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 5. One of the two existing access points on Independence Boulevard shall be closed and be restored with curb,gutter, and sidewalk installation. 6. 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. 7. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. North Independence Storage, LLC Agenda Item 3 Page 4 b. Lighting fixtures shall not be erected any higher than fourteen (14)feet, except as noted below in c. c. Only motion activated lighting fixtures shall be installed on the rear facade along the northeastern property line that abuts the apartment district and shall be installed no higher on the rear of the building than ten (10)feet from the ground elevation. 8. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 39,000 ADT1 36,900 ADT 1(LOS 4"D") Existing Land Use 2—252 ADT Proposed Land Use 3—135 ADT 1 Average Daily Trips 2 as defined by a 2,500 square 3 as defined by a 90,000 square 4 LOS=Level of Service foot bank with a drive-thru foot mini-warehouse/self-storage facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Boulevard, in the vicinity of this application, is considered a four-lane divided major urban arterial. The MTP proposes a six-lane facility within a 150-foot right-of-way. There are no roadway CIP projects are planned for this area. North Independence Storage, LLC Agenda Item 3 Page 5 Public Utility Impacts Water The site is connected to City water.There is an existing 12-inch City water transmission main along Independence Boulevard. Sewer The site is connected to City sanitary sewer.There is an existing eight-inch City sanitary sewer gravity main along Independence Boulevard. Public Outreach Information Planning Commission • The applicant reported that they distributed a flyer to all the townhome residents north of the property, as well as the commercial businesses adjacent to the site. The flyers were distributed door-to-door to all the retailers, and the applicant indicated positive remarks regarding the proposed development. A meet and greet was held on February 1, 2022 at a local restaurant; however, none of the residents or business owners attended. The applicant was contacted by one residential property owner who was seeking additional information and no issues were raised. A meeting was held with the property owner of the Thoroughgood Shopping Center on February 15, 2022 and they provided an email indicating their support of the project. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 7, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 20, 2022 and February 27, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 21, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 21, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 1, 2022. 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' • North Independence Storage, LLC Agenda Item 3 Page 11 Proposed Sign Rendering 1612 1 61 2 757555.55E6 757 555-5555 � Z � i - _L_ _1- _L_ ! __ 1 1 I _ ► , �_ ^1 __�_, - I Z .1.- 1 _, . lZ North Independence Storage, LLC Agenda Item 3 Page 12 Site Photos • Ask IAA '^ may..ialR� - gi '�1-'T! ...- Tom. „qr., ir • Allikr40014. North Independence Storage, LLC Agenda Item 3 Page 13 Site Photos s r �^ '-.k, t. . . ',* .1: ...,.1-....,,,it:., ,...:.'1,1::.t..!..-..t ilifl,. ..':'.% 1 ' J 1 ‘,-. ,i,,-..r 1., 1.,,•I..,.. ,,. , . ,)_.. ,-. -. - :-_,,,f..4-;' ,..•--:.„'.1--.4.'411.-.-1411°.37. .7"-• '''''" '7.-...' \ L'' l' if,' '�'� r "Ae I 511311:1105i Pi 'f s _ I 4 - - __ - -� -1 -► _..-.- ice,. r • V' I J- North Independence Storage, LLC Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement \AB --„.:; Cep of►u,,oBalch 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 North Independence Storage,LLC Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. Troutman Pepper,RJ Nutter Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?S Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Thomas Minton,Michael Burnette • 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. 11Page North Independence Storage, LLC Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement I213 Coy q:t'vwua,8.tla 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-collateralitatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. SL Nusbaum Realty,Matt Nusbaum 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. BDO,Jorge Dabul and Daniel Colonna 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. RBA,Chris Elam and Tom Retnauer 5. Is there any other pending or proposed purchaser of the subject property?r Yes ❑No • If yes,identify the purchaser and purchaser's service providers. North Independence Storage,LLC Revised 11.09.2020 Wage North Independence Storage, LLC Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement Na3 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? Yes ❑No • If yes,identify the firm and individual providing the service. %A L,Brad Martin 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. Williams Mullen-Howard Gordon and Troutman Pepper-RJ Nutter 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. C• Applicant Signature Thomas Minton,Managing Member Print Name and Title Dcc , l( Zot_( Date Is the applicant also the owner of the subject property? ❑Yes it No • If yes,you do not need to fill out the owner disclosure statement. ron CITY USE ONLY/All disclosures must he updated two(2)weeks pr or to any Planning Commission and City Council meeting that pertains to the applications N°change•as.f 3/15/2022 s,° " Print Name (Marchelle L. Coleman Revised 11.09.2020 Wage North Independence Storage, LLC Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement Mr3 City of Virgirua Botch Planning&Community Development Owner Disclosure Owner Name Wells Fargo Applicant Name North Independence Storage,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?•Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes © No • If yes,what is the name of the official or employee and what is the nature of the interest? '"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. Wage North Independence Storage, LLC Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement \A3 s y of 5'mmo I' -n Planning&Community Develop Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,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? II Yes CI No • If yes,identify the company and individual providing the service. Harvey Lindsay Commercial Real Estate.Susan Pender 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and Individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5 Is there any other pending or proposed purchaser of the subject property?■Yes ❑No • If yes,identify the purchaser and purchaser's service providers. North independence Storage,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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?❑Yes Ii No • If yes,identify the firm and individual providing the service. RE'v,sru Wage North Independence Storage, LLC Agenda Item 3 Page 19 Disclosure Statement Disclosure Statement \p13 cA y c ry;nc, Planning&Community Developmen ,. ' 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■ Yes ❑ No If yes,identify the firm and individual providing legal the service. Wells YAro , Di f- "To lie_ Lars ors 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. .CPC141/ Owner Signature Robert S.Pardon-Vice Pl sident Print Name and Title 12/14/2021 Date Revised 11.09.2020 7 I P a g e North Independence Storage, LLC Agenda Item 3 Page 20 Disclosure Statement Wells Fargo (List of Officers) Muneera S. Carr, EVP, Chief Accounting Officer, and Controller William M. Daley, Vice Chairman of Public Affairs Derek A. Flowers, Senior EVP, Chief Risk Officer Kyle G. Hranicky, Senior EVP, CEO of Commercial Banking Bei Ling , Senior EVP, Head of Human Resources Mary T. Mack, Senior EVP, CEO of Consumer&Small Business Banking Lester J.Owens, Senior EVP, Head of Operations Ellen R. Patterson,Senior EVP, General Counsel Scott E. Powell, Senior EVP,Chief Operating Officer Michael P. Santomassimo, Senior EVP, Chief Financial Officer Kleber R. Santos, Senior EVP, Head of Diverse Segments, Representation&Inclusion Julie L. Scammahorn,Senior EVP, Chief Auditor Charles W. Scharf, Chief Executive Officer and President Barry Sommers,Senior EVP, CEO of Wealth&Investment Management Saul Van Beurden, Senior EVP, Head of Technology Michael S.Weinbach, Senior EVP, CEO of Consumer Lending Jonathan G.Weiss, Senior EVP, CEO of Corporate& Investment Banking Ather Williams III, Senior EVP, Head of Strategy, Digital Platform,and Innovation Robert S. Pardon, Vice President North Independence Storage, LLC Agenda Item 3 Page 21 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. North Independence Storage, LLC Agenda Item 3 Page 22 Virginia Beach Planning Commission March 9, 2022 Public Meeting Agenda Item #3 North Independence Storage, LLC [Applicant] Wells Fargo [Property Owner] Conditional Use Permit (Mini-Warehouse) 1612 Independence Boulevard RECOMMENDED FOR APPROVAL - HEARD Jack Wall: Okay. Thank you. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applications on the consent agenda, thank you for your participation. You can remain for the rest of the meeting either virtually or in person, but you are free to leave. All right. So, the next order of business is the regular agenda. Madam Clerk, we are ready for the first item. Madam Clerk: Thank you, Mr. Chairman. Agenda item number three, North Independence Storage, LLC, an application for a Conditional Use Permit Mini Warehouse on property located at 1612 Independence Boulevard, located in District 9, formerly Bayside. R.J. Nutter: And I appreciate it. Mr. Chairman, for the record, my name's R.J. Nutter. I represent the applicant in this case, North Independence Storage, LLC. Appreciate your time this afternoon and your willingness to look at this application. I want to begin by thanking staff though. Marchelle did a terrific job of keeping us informed along the way. I would tell you we've been working closely with residents of that area. And I always like to work closely with the District representatives, as you know, both here and on Council, whenever we have an application. So having said all that, let me tailor it about the property. This property is zoned Unconditional B2. It is sandwiched between a used car facility, that is also zoned Unconditional B2 and a small shopping center, which is also zoned Unconditional B2. All of these properties were developed years ago. None of them have stormwater facilities. R.J. Nutter: As you can see, many of them are almost all completely impervious. In fact, it's the Wells Fargo site in the center that has any degree of some non-impervious areas or pervious areas whatsoever. And I bring that up because one of the concerns we heard by raised by residents and in some of the emails you may have received, have to do with the stormwater system here. 1 And so I want you to know that all three these properties have no stormwater programs whatsoever, and they're adjacent to the townhouses, which apparently have experienced some flooding in the past. One of the nice parts about this application is you can see here is that we'll be putting in the first stormwater system of any of these three properties. And as you know, with the stormwater program, much of which you're going to hear later today, the City of Virginia Beach has the toughest stormwater program in all of Virginia. R.J. Nutter: None of that was applicable when these properties were developed previously, but I point that out to you because quite frankly, we'll be channeling all the water toward Independence Boulevard. In addition to that, one of the owners we spoke to yesterday indicated that there is a... The property slant with this... Anyway, the property slant in the back toward their townhouses. So, we went out there and looked at and she's absolutely right. So, what we'll have to do is grade that area away so that it no longer dips down toward their properties. So, we'll have to devise a system in there. But I told her yesterday we would do that after I'd put on the record, we would do that. So, the net effect of this will be, if there is water coming off this site today from this property into their townhouses, we'll be capturing it and putting away, forwarding into underground systems adjacent to Independence Boulevard, the parking area. None of that exists today. R.J. Nutter: But I want to point that out to you because it was a major concern that they heard, but as indicated, these properties are all Unconditional B2. And this is a use as you know, in hearing these applications before, that has amongst the least traffic impact of any use. And it also has a great reputation being amongst the quietest, least problematic use that you can have. That's important because this property can be developed in any manner by right. And so, I would submit to you that when this all done, it will be far less impactful on the adjacent townhomes than the other adjacent uses namely a used car lot and a shopping center. So, it would have a far less impact than any of the use that you could have. R.J. Nutter: I'd also point out that uses like this are still storage facilities. And this one, as you know, it's fully self-contained, fully conditioned three stories. It only has three employees. So, it's basically an unoccupied building. So, no one's looking down behind them. No one's looking down. In fact, one of the staff things we looked at was putting in some fake windows in the back, but we didn't want the residents behind it to think that maybe there's somebody in the building, looking down. So, we did architectural features to the building to make it articulate well instead of fake windows, for that very purpose. Anyway, that's one of the things we looked at here. But the other thing about this type of use, these type uses are proliferating all over the city in major commercial areas. They're on almost every major road in the city, Virginia Beach Boulevard, 2 Holland Road, Shore Drive, Independence Boulevard, Indian River Road, Birdneck Road, Laskin Road, Lynnhaven Parkway. R.J. Nutter: If you've got a commercial quarter, you're likely to see a self-storage facility there. And as you know, the new ones look like office buildings. They don't look like one-story buildings with a whole bunch of garage doors. So, this is a use that's predominant in areas like this. It's a use that will have less impact than the use of adjacent to it. And it's a use that will frankly improve the conditions of the residents behind it. Now, a couple things I'd like to point out as well about this is that among the problems that we faced... But can I go back to the photograph that shows the townhouses in the front? If I could? Is one of the previous ones. There we go. This one on the left, as you can see, these homes are completely exposed to quite frankly, Independence Boulevard, and Independence has, as we know from Ric Lowman, amongst the highest traffic counts in the city. It also has a lot of emergency vehicles because the police department is just down the street, Bayside Hospital is just down the street. R.J. Nutter: And so there's a lot of emergency vehicles coming out here. This building will completely block the sound and lights visible from Independence Boulevard from those homes. This is the exact same condition, actually, Ms. Oliver mentioned it this morning on one Oriole Drive. And when we approved that application years ago with this Commission, we found that it actually blocked the sound and the noise of the condominiums directly behind it. So, this would have the exact same effect here on these properties. So, what we focused on in this process was how we minimize impact on the adjacent property. And so, we had a building design that looks like an office, number one, we did extra landscaping, and which was a big concern, frankly, of the district representative, Mr. Redmond sitting there, was very concerned about this. We put additional landscaping here in the front and we put additional landscaping in the back. R.J. Nutter: But we really emphasized a lot in the front to soften the look of the building. So that's been done. We eliminated vehicular access around the sides and the rear of the building. As you know, today, there's a drive through back there with two, three drive lanes and someone can go in there, reconvert that building in any number of things to have traffic behind those homes, behind the building. And all of that's eliminated by virtue of this application. Now what that did, however, if we do that and we did, it puts a lot of emphasis on the vehicular internal access in the front. So, we don't have the ability to go around the building. But at any rate, I didn't want to let you know that that's part of the reason why we were seeking two access points. Now, I will tell you, I sat in the earlier session and talked to my client in the interim, and we are willing to eliminate one, which is condition five. R.J. Nutter: 3 We're willing to eliminate one of those two access ways. The benefit of that is from traffic from Ric's perspective and Ms. Oliver, from your perspective, perhaps is that, and certainly David is that allows us to put additional landscaping in the front of the building. So, we address Ric's problem. We address David's issue of additional landscaping beyond what the city would otherwise require. And so, we are happy to make that concession. As you can see, we've tried to address concerns of adjacent property owners. One of the things I'll tell you is that there's the used car facility next door. My client met with them on several occasions, and he was concerned about visibility. And this was, I've never seen a client do this, but these are really nice group here. They actually removed the 20-foot by 20-foot portion building there in the kind of lower right-hand corner of the building. R.J. Nutter: You see jobs out like that. They did that just to provide additional visibility for the people next door, even though this building now and then complied fully well setback requirements now, and then. So, you've got an application therefore for you that has lower impact than any existing uses. It has lower traffic impact. It shields the residents in the back from noise. It puts in the first stormwater system in that entire area, along the lines. And if I could address one other thing, condition number five is that we will comply with. Condition number seven relating to lighting. If could address that a little bit, because there were some concerns raised about that with Ms. Jones that I spoke too yesterday. And I think she was concerned that it's in Section 7B that the light fixtures would not exceed 14 feet. I think she was thinking that was in the back of the building. R.J. Nutter: So, I think we'd like to put lighting fixtures in the parking lot would not exceed 14 feet. And finally, we told her that the only lighting we planned to put in, Mr. Coston, is the inventive fire department requires, lighting of our emergency door. We don't plan to have any lighting back there. We planned out to just leave it alone. And we think that's a benefit to everyone. So would want to let everybody know that for the record as well. And we're happy to amend it to say that no lighting in the rear, which should only be lighting approved by the fire department for an emergency exit access way, Sir. But those are the conditions we wanted to touch base with you on, and I'm happy to answer questions you have. R.J. Nutter: One other thing I tell you, my client couldn't be here today. It's spring break for a lot of families and many people are out of town and unfortunately, but he went to an amazing length to try to outreach people here. And what I've learned is two things. Outreach is a two-way street. He went to put in the doors of every single townhouse, was about nine of them, invited people to a meeting before the signs went up, by the way, which was over two months ago and to a meeting and we rented a restaurant, invited them to come and no one showed up. 4 Dee Oliver: Really? R.J. Nutter: No one showed up. And this happens, but we wanted to reach out to them. And in fact, you'll see in your package, we only sent a copy of what we sent. We sent the flyer that we put into people's doors and so forth. We also then went with the owner of the shopping center next door. At the time, she was perfectly happy. I can't explain the recanting of her position, but we met with her as well. And then of course, I've indicated, we met with adjacent property owner to the well, to the right- Connie Jones: we got a fire extinguisher so we can- Jack Wall: Excuse me. Hang on. Yeah. R.J. Nutter: So, at any rate, that's right, we met with him and that's what resulted in us taking off a corner of the building. As you can see, this is an applicant who's done a great job of outreach and a great job of trying to address issues that were brought to the attention. And we appreciate staffs recommendation, and we would ask for your recommendation as well and happy to answer any questions, Mr. Wall, as always. Jack Wall: Okay. Thank you. Are there any questions for the applicant? Mr. Redmond. Dave Redmond: I want to confirm a couple things you said. First off, it was probably what three months ago, you first approached me with this and said, I want talk to you about this application that's coming. And I will also confirm that both you and the applicant were very responsive to the concerns that I'd raised, and we talked about over many, many, many months. They were the appearance of the building and that I really hope that it could be really intensely landscaped up front to improve that appearance to Independence Boulevard, precisely because it does have a lot of traffic. And so all of that is absolutely true. It's not all that common that we get that. So, I do appreciate you doing that. R.J. Nutter: Yes, sir. Happy to do that. Happy to do so. And any other questions? 5 Jack Wall: Anyone else? R.J. Nutter: No? Jack Wall: I've got a question. R.J. Nutter: Oh, Mr. Wall. Yes, sir. Jack Wall: Where's the stormwater going to go, stormwater management? R.J. Nutter: Yeah, it goes... We'll be putting very expensive underground tanks. And what'll happen, Mr. Wall, is we'll have to grade that property away. So, it now drains, it's now almost surface flow. It drops down right by the condos. The townhouse is right behind it, but that's only in about a 15- foot area. So, we got to regrade that area so that drains forward. We then capture that in stormwater systems back there, some manholes, and be piped into the stormwater system and the outfall will be into the public right away along Independence Boulevard. So, you won't see them in other words, but it'll be underground. R.J. Nutter: Yes, sir. And the city by the way, has to approve all that. And you go through quite a bit of analysis as you all know very well. And as the speakers who are coming to speak to you later are going to tell you about as well. So, you have a very robust stormwater system here. One thing I'll tell you, we won't be causing flooding. That's for sure. But I appreciate your question, Mr. Wall. Jack Wall: Okay. Thank you. R.J. Nutter: Thank you very much. Jack Wall: 6 Okay, all right. Madam Clerk, are there any speakers for this item? Madam Clerk: Yes, sir. We have three. One is in person and two are WebEx. So, I'll call the in-person speaker first. Connie Jones. Connie Jones: That would be me. Jack Wall: Could you state your name for the record please? Connie Jones: My name is Connie Jones and I own one of the townhouses that's directly behind in the middle behind. I wanted to first say that I only became aware of the mini warehouse seven days ago when I received from the City of Virginia Beach notice that there was going to be a warehouse built there. And which is this. I immediately call my councilman, Louis Jones. And he told me to get more information, to call the city manager's office. And I did, and Karen Gest was able to get me the information to help. And I have spoken with each townhouse resident that is directly behind this development. I want to go back for just a second. And I want to say that when I got the notice, I envision a mini warehouse and I want to describe with this mini warehouse is. It is a building that will take up about an acre. Connie Jones: That whole thing is going to be a building and they have proposed that it'd be 40 feet high, a wall, 40 feet high. And actually, they can only do it 35 feet high because the code says that if you're within at 100 feet of a residence, it could not be higher than 35 feet. So, they're going to have to scale it down back a little bit to 35. And so you've got a three-story, 90,000 square feet of warehouse space. That's nine, zero, zero, zero, zero, 90,000. And it's going to be built. The back wall is going to be 15 feet. I don't know. I need to get my tape measure out, but I think you're about 15 feet from me. That's 35 feet high, and it's going to be take up an acre. Now that's a mini warehouse. I don't know what a regular warehouse is going to be. Jack Wall: Yep. Well, you're... Unfortunately, your time is... You only get three minutes. Connie Jones: Okay. So, I want to get right to it. Jack Wall: 7 Okay. Just get right to it. Connie Jones: I talked to Mr. Nutter yesterday and Mr. Mentor. And I said about the flooding right now as he... That's why he brought it up. I told him, this is what I'm going to speak about today is that right now he's been there for 40 years. And the original plan was for the rear of our property was to drain back into a swell and will go to the- Jack Wall: All right. Yeah, we're going to have to wrap it up here. Connie Jones: And we have to make it a requirement that he doesn't dump the water. The stormwater goes to us. Jack Wall: Okay. So, your time is up, but how about I ask you a question? Connie Jones: All right. Jack Wall: So, what are your thoughts on the stormwater? Connie Jones: I'm sorry. Jack Wall: Can you please describe the existing conditions of the stormwater out there behind your townhouse? Connie Jones: The rainfall, when it rains, it hits the asphalt in back of us and it drains because of the slope. It drains right into us and with a B2 and he, this isn't his first rodeo. He's built two in Virginia Beach, two in Norfolk, two in Portsmouth, two... He's built them. He's been building them. Jack Wall: So, the stormwater- 8 Connie Jones: And he builds it all the way to the lot line and then it drops everything, and he builds this land up and then it drops directly off. And when it drops off, all that water comes to us. Jack Wall: And one thing about that is that there is Development Services Center. They work very hard to prevent that kind of problem, that the adjacent property doesn't drain onto the residents that are directly adjacent to a development. And I think Mr. Nutter kind of addressed that their intent is to take everything from their site to the front. So, I think that's probably addressed fairly well. Connie Jones: That he's going to take everything to the front. Jack Wall: Yes. Yes, Ma'am. Connie Jones: Yes, I understand. There's an architect that lives next door to my townhouse. And he came to the planning department, looked at it and said that they cannot on their 40 foot or 35-foot-tall building, they can't just dump it onto us. They're going to have to take it underground and pull it to the front. But it's not only the water coming off his building, it's rainfall as the rain comes down and the slope is into us right now. And we have a 20-foot buffer between us and a road. Not only is that road going to be gone, our 20-foot buffer will become a 15-foot buffer. And the only plan is to worry about some shrubs, putting shrubs back there and a few trees. Well, it's not the trees and the shrubs, I'm concerned about direct water slide rainfall, and we have been flooded out and that the residents, several of them have put rain barrels. Jack Wall: It's Ms. Jones, correct? Connie Jones: Mrs. Jones. Connie Jones. Jack Wall: You currently have drainage problems. Is that what you're saying? Or do you have- Connie Jones: 9 He is buying a problem that already exists. It will be no cost additional to him to take care of the drain problem and he can do it. And I talked to him yesterday and I talked to the owner, oh, the buyer, Mr. Mentor. And I said that you know this is a problem. It is a problem, we flood and it needs to be taken care of. Jack Wall: Okay, all right. Connie Jones: And I want it put in the regulations that this is required. Jack Wall: Yeah. So Mr. Weiner. David Weiner: I would love... I invite you to stay after this is over and listen to our workshop on stormwater, because what we're going to get involved in after this. You'll understand a little bit more because what application, what a development has to do these days to get the water moved away from you. It's not only going to move the water away from you, but it's going to help with your drainage too, okay? You're going to be surprised. So, it's something that our city's been working on for a couple years now, and it's pretty intense. And these builders have to follow these rules and regulations or they're not going to get passed. They're not going to be able to build. And there's stormwater models that have to be conducted and have to be gone through and make sure that it's going to work. So, it's not like we just started working on this. It's been going on for a few years now. So, I welcome you to stay afterwards if you like to, get into it. It's going to be interesting. Jack Wall: Okay, all right. Thank you. Are there any other questions for Ms. Jones? Anybody else? I really appreciate your time. Thank you for coming. Connie Jones: I just want to say that the only people I could get ahold of in the short few days was the residents there. The only people that got notice are the two owner occupants. That's the only two people. The third owner occupant is overseas and understand, she's trying to be a part of the Zoom, the web, so that she can hear what's going on, but she's stationed overseas and out of the country. Jack Wall: 10 I do have one more question. Sorry. So, you're in the middle. You're an owner. Are you an owner... You own and occupy? Connie Jones: No, I own, but I have a tenant. Jack Wall: Do you have a tenant? And the only other, so you mean all the other ones are rentals? Is this what you- Connie Jones: No, three of the eight are owner occupied. Jack Wall: Owner occupied. Okay. Sure. Connie Jones: And those three people are the only ones that got notice. They got a flyer on their door. One of those three is stationed overseas in the military and did not receive theirs. So only two people got noticed, until the city by law, by state law notified us. Jack Wall: Understood. Okay. Thank you, Ms. Jones. I appreciate it very much. Madam Clerk. Madam Clerk: Yes. Thank you, Mr. Chairman. We have two more speakers, both WebEx. Calling Melanie Tuhl, if you'll please wait two to three seconds and then state your name and go directly into your comments. Melanie Tuhl: Hi, I'm Melanie Tuhl. In short, I think the stormwater drainage is wonderful. It's good that that's going to be a requirement. That was one of my main concerns was our drainage issue. We have gotten a hold of the bank that used to own the property, and we've had many letters submitted. I've called the city about this problem, and we've never really been able to get anywhere. Also, my due diligence was probably not into it at the time, but now that this huge building is going up behind us, it does scare me about the flood and the water coming into my home. I've had to buy new floor and furniture and things twice due to the flooding of that road that's behind us. My only other concern really is flood lights, which he addressed that he's only required to put with the fire department once out back. 11 Melanie Tuhl: I don't want it to be 15-foot. I guess no one's addressed this, the property line. We have Verizon that runs behind our house. We actually have boxes that are in the corners of our backyard. We're going to have to be able to have more than just an alleyway. So, I want that to be readdressed with me, because I didn't really hear too much about where it is exactly going to go from our property line. 35-foot, from what understand, the whole thing has to be 35-foot or less. And it sounds like he's trying to do 40-foot in the front. So that needs to be addressed. Light, of course, none of us are going to get sunlight from this huge building. Yes, it'll be pretty in the front, but it's not going to be pretty on the side when we can see anything but a three-story building. Literally, throw a rock at it. Melanie Tuhl: Let me think. I also just want to say that I've been here for 25 years. I have owned it and lived here for 25 years and I just want to say that flyer, that they stated that they put on our door, that's awesome. But we get a lot of things on our door, pizza places, and things of that nature that we don't look at. If he really, really wanted to get a hold of us, he should have went door to door and just knocked on it and let us answer it and let him tell us face to face what he was planning. And I would have loved to have gone to dinner. I would have gone to dinner, and for no one to show up tells me that, yes, he tried to do something that shows he did something, but he really didn't want our input because he wants his building up. So... Jack Wall: Thank you for that... Your time was up and I'm sorry that was cut off that way, but that's just the way it is. Madam Clerk: Okay, Mr. Chairman, one more speaker. Oh, I guess we have one more in person. All right. We'll proceed with our next WebEx speaker. Ida Ortez. Ms. Ortez, if you would please wait two to three seconds and then state your name and proceed directly into your comment. You will have three minutes. Ida Ortez: Hi, my name is Ida Ortez, and I am the owner that is overseas temporarily. So I didn't get ahold of the message to be here. Ms. Melanie Tuhl has basically just displayed all my concerns as well for the storm, the water storm drainage and the lighting for the backyard. My townhome is one of the most affected one by flooding. My backyard gets completely covered by water when it rains. I think the layers of the streets of the Well Fargo is at the highest point facing my backyard. So that's one of the concern. Definitely the access from the backyard is another concern as well. And yes, probably a knock at the door so that I could have seen it with my 12 camera. Would've been definitely beneficial so that I could have gotten in touch with the, guess, the owner of the property. Other than that, those are my concerns. Thank you. Jack Wall: Okay. Thank you. Madam Clerk, do we have any more speakers? Madam Clerk: Yes, sir. Mr. Chairman, we have two additional in-person speakers. Jeff Ward. Jack Wall: Can you state your name for the record? Jeff Ward: Yes, Jeff Ward. Jack Wall: Okay. Mr. Ward, you've got three minutes. And then you, when the yellow light starts to blink, then that's kind of a warning. Jeff Ward: Gotcha. Okay, great. Thank you. All right. I appreciate it. I just find out about this less than 24 hours ago. I live at 4731 Donelson Road. I'm a owner, occupant. My main concern's I've been in living 14 years. Definitely it's a very tall building. Ironically, I'm a real estate appraiser, been doing that for over 20 years, residential. One concern I have is property values. If I walk outside my door and I see this very large building, that's going above the residences that can definitely have an impact on value. If it bothers me, it would bother somebody that would want to buy my house. That's a concern I have. But this first I've heard about it 24 hours ago. They came by through the neighborhood yesterday with petitions. And so I just heard about it and I'm apologize I'm not totally prepared, but so I showed up today. But that's my main concern really. Jeff Ward: It seems like there's this is a very tall storage facility, looks like three or four-stories, 40 feet. That's something more you would see on Northampton Boulevard or Virginia Beach Boulevard. It's got a very... This is not really compatible to surrounding uses. Definitely a very... It's a good community, but it's always been commercial back there. We expect it would be commercial or something nonresidential, but something that's that high, it's definitely kind of an eyesore if... don't live directly behind, but if I did, that would definitely be even bigger concern. But even just being across the street,just having that view, it's going to be something that's can possibly impact the value of the properties. 13 Jeff Ward: And in regard to Independence Boulevard, that's not really a big impact. It's quite a few feet from it. I've never had a problem with traffic noise or heard about it. So that's currently not an issue. I like the fact it's always been kind of a small building right there. You got that little bit of space, but that's my main opposition to it. And I never, maybe he put the notices out. I work from home, but I've first heard about it till yesterday. So yeah, that's all I have. Jack Wall: Okay. Thank you. Are there any questions for Mr. Ward? George Alcaraz: I do. Can you point where your residence is, where you at? Jeff Ward: Yes. George Alcaraz: The pointer right there on your podium. Jeff Ward: Where is it? Oh, this right here. Okay. Let's see. Do I just... Let's see. Do I press a red button or... George Alcaraz: Can you just see something on the map,just to show? Jeff Ward: Yeah, it's actually cut off, but the top right hand corner. It's the fifth house from the end. George Alcaraz: And you, and... Jeff Ward: Yeah, right behind Smokey Road. If you can see that, right in the middle that road. George Alcaraz: Are you having drainage issues also? 14 Jeff Ward: Not for my property. I know we do have some, I do remember when some people had major property damage that back right up to it. Then on us, also on Andrew Jackson lane, it gets backed up. Sometimes it gets a big puddle. But yeah. Jack Wall: Okay. Thank you. Anybody else? Okay. I appreciate it. Jeff Ward: Okay, great. Madam Clerk: Mr. Chairman, our final speaker, Eugene Chircu. Eugene Chircu: How you doing, everybody? Jack Wall: Good. Could you state your name for the record, please? Eugene Chircu: My name is Eugene Chircu and I own the property at the dealership right beside of it. Jack Wall: Okay. And just note that you've got three minutes. When the yellow light blinks, then you have 30 seconds. Eugene Chircu: That's fine. Yeah, I was just trying to talk in regards of all the people that live there because everybody approached me, and I wanted to know what's going on in there. So basically, I just wanted to talk about it that everybody's opposing, the back people in the back, the owner of the commercial thing, and I'm going to propose for it because of the massive building that's going to be over there. Stormwater is one thing. I don't know how they're going to manage that. I guess they're going to do something on the ground, but I shortly don't believe that the massive building that's actually going to be an acre on a whole property. The whole property is 1.3 acres, and the building is going to be one acre. So, it's telling me that the huge, massive building that's actually, I think is belonging to an industrial somewhere of long, i would say somewhere, not in this area, it's got to be constructed somewhere else, not here. 15 Eugene Chircu: And at the same thing, I'm thinking it's just too massive of the building. I talked with the actual guy who's trying to buy it. I didn't see the plans till I get them probably a couple days ago. And see it that on a map, the way this building is going to be located at, it's going to be too big. So also, the traffic's going to impact over there. We also have a lot of traffic. It's already having a problem with the traffic because it's only a two lane well, actually gets to a three-lane close to Virginia Beach. When it gets close to the base, it's only two lanes go on one side and we're already having problems with the traffic coming alone with it. Like I said, I'm just concerning about the massive building it's going to be. The walls that's going to face my business that I've been conducting over there for years. And the fact that the building that is going to stay right on my property line. That's kind of not acceptable to me. Eugene Chircu: So basically, I have course parked right on the side of it and I'm going to have a huge 35-foot wall right on the side of it. That's not acceptable to me. I know they did some changes to the building, and I appreciate that fact that they cut a little piece or whatever, something like that. But the fact that... I was thinking about it, is it's just going to be a huge building that does not belong there. I can't get to this idea that it's going to... I'm going to have... I have a small little office and a lot of parking lot of course, for the... What's the name? For the cars and stuff. But the fact that the building is going to stay that high, it's going to be so massive. I just can't accept it. That's all. I do. I appreciate you guys. Thank you. Jack Wall: Thank you. Hold on, before you leave. Does anybody have any questions for the speaker? I got a couple. So how long have you been there at the site? Eugene Chircu: The business, 30 some years. Jack Wall: 30 some years. Wow. Okay. George Alcaraz: Point to it. Eugene Chircu: It's right over there. You can see a bunch of course. And that's my building right over there. Jack Wall: 16 The right side, correct? Eugene Chircu: The right side of the building. And plus, that store, the actual strip mall has been there for a longer than that. She actually owns all their properties, the Wells Fargo and my property as well, long time ago. She had, I'm saying for years, years, years, 40, 50 years ago. And we all bought it from there a while back. So basically... Eugene Chircu: ... like I said, I don't have nothing to... I am opposing just because of the size of building is. It's just too big of a building for that small of a property. I think such buildings got to be done somewhere over here where you can buy four or five acres and build that kind of building and plus yes, the water, I don't know what kind of, I guess nowadays the engineering, they can do something underneath of it. That's going to make it all pretty and nice that the water's going to get sucked in a front. But the fact it's 30 some thousand square foot building, three store high, all this water's going to collect and it's going to go somewhere. Eugene Chircu: My side sits a little higher, so the water's going to slope down, going to Pleasure House Road, but still, I know the people in the back is going to get affected, but I guess I don't know how they're going to do it so they can suck all this water out of it and bring it to the front. It's because of the size of the building is, that's all. That's why I'm concerned about the building. If this building would be a little smaller, so it can have access and some kind of drainages or more landscaping to be done on the left, but he wants to put this building straight on my private line. Eugene Chircu: I know this is the law. I know this is B2 district. But the fact is let's say it's a fire over there. So big of a building, how the trucks going to get there? Let's say the fire in the back of the building, whereas the apartments, how they going to get there? It's so narrow spaces in and stuff like that. That's what I'm afraid of it. And I don't care about the building, but that's what I'm afraid of. The bigger building and old is still old things. Jack Wall: Yep, okay. Thank you. Eugene Chircu: Thank you very much. Jack Wall: Oh, yeah. Sorry, Mr. Alcaraz. 17 George Alcaraz: Oh, so you've been there 30 years. Eugene Chircu: Yes, sir. George Alcaraz: I just heard you, so your water or stormwater is sheet flown over the banks right now? Eugene Chircu: ... I own a piece of land right beside of it. So it's just a graveyard and not a graveyard. It's just how and two pieces of property right beside of it. So it's just empty land. So a lot of water gets in there. That's why I'm not doing anything. I own it for a long time. George Alcaraz: I know you just mentioned your stormwater or rainwater goes to goes to Pleasure House. How does it get there? Eugene Chircu: Because the side is higher. Our side is higher. That's what I've seen it, that my side is a little higher. It basically goes down, but of course, it's got drainages on the road, on the main road. guess the road has been constructed that way that it's got them, the water gets underneath of it. George Alcaraz: Are you talking in the front or the back? Eugene Chircu: The front. Oh, the back, also I have a drainage. Eugene Chircu: I have a big drainage that the water gets in there. Yeah. I have to clean it that's based on a planning. I have to clean it every time it's a big grill that the water gets in there. So it's sloped down there. George Alcaraz: That's what I wanted to know. Thank you. Eugene Chircu: 18 Yep. All right. Jack Wall: Thank you. Okay. Anyone else? Okay. Thank you. I appreciate that. Eugene Chircu: Thank you. Jack Wall: Would the representative like to come up and for rebuttal? R.J. Nutter: Yes, sir. Thank you. Thank you all very much. I appreciate it. Couple things, first on the height, we designed this building, so it does comply the ordinance. We put the lowest part of the building in the back. We're under the height requirements back there. Dee Oliver: Mr. Nutter, can you speak a little louder? R.J. Nutter: Sure. I'm sorry. Dee Oliver: Sorry. R.J. Nutter: Thank you. Beg your pardon. In terms of the height, we designed this building so they would comply and be actually under the height requirement, the ordinance back there in the back. Stormwater sounds like everybody's pretty happy. That was their big issue. And I can see why. It's interesting to me that we're the only one of anybody who's opposed to this, who's actually fixing the stormwater problem. And the guy who just spoke at the exact same boat. In fact, we took off a piece of this building. He may not appreciate it, but my client did. In fact, it was over 10 days ago, because we had to submit all the drawings back to Marchelle so she could get them in time to get them to you guys in your writeup, which are in the writeup. So it was more than a few days ago. R.J. Nutter: 19 Let me tell you the reason this last gentleman spoke, my client met with him on several occasions, multiple. His problem, which he mentioned, he called my client. He's got a dumpster in the back. You look at his property, back in that top corner on the right left-hand side of his property. He's got a dumpster right there and he's been using the Wells Fargo access way to get to his dumpster, and he can't get to his dumpster with this plan. We said, you can relocate your dumpster on your property. We're not going to provide an access way for your dumpster when you own that property. And apparently other properties beyond that. So that's what we've turned, that's it, if you've got a visibility problem, we'll take off this 20-foot piece. R.J. Nutter: I can't take care of his dumpster. He should. And he shouldn't put it back there next to those residents in the first place. We have no dumpsters by the way. So, it's just one more thing nice about this application. But I didn't want to address that for you in terms of the height I've already addressed it. Like I said, we've made accommodations to everybody along there. Made sure everybody knew what we were doing. I could tell you this. We went all the trouble to reach out to these people and I'm sorry, it didn't get to them. The owners naturally wouldn't have gotten them because they would've not been there. It'd been their tenants would've been gotten the flyer, but that's what outreach is all about. You got to try and that's what this applicant did. So, we appreciate it and appreciate your vote. Any questions, Mr. Chairman, Ms. Oliver? Jack Wall: RJ, before you leave. Ms. Oliver. R.J. Nutter: Yes, sir. Dee Oliver: Mr. Nutter, would you... I heard, I guess it was our last speaker made a comment about the building actually being on the property line. Can you address that please? R.J. Nutter: Yeah, I happy to, because as you can see, it is not, even though I will tell you there's a zero setback between B2 properties, zero. So, we've complied with a setback there. And the other thing we told the residents in the back, we're not only putting the 15-foot strip in the back, but as you can see, the only thing that touches the 15 feet are these certain points of the building. The bulk of that area back there, which is well over 20 feet, by the way. And the nice part about it is there's no cars back there. Whereas if the existing situation, it could be a road back there with cars, nighttime, all that stuff, and people doing some things you wouldn't want to know about back there, all that disappears with this application. Dee Oliver: 20 And just one more. I know the one gentleman who doesn't live directly behind but lives around the curve mentioned that he was concerned about his property values and the side of the building. Can you address the landscaping, please? R.J. Nutter: The landscaping. I'm happy to, because we exceeded the landscaping requirements by the city. And another thing I point out is we met with people on Oriole Drive. They had some very expensive condominiums directly behind this site. Not only did they not reduce their property values, they increased their property values. It did cut out the noise. And many of you may know some of the residents of that complex. It's a very nice complex, but it cut out the noise from those people. It maintained their property values and their property values have not decreased one iota, not one. And in fact, if anything, if this guy's turns into a restaurant which could easily do, could open till 2:00 AM, B2, nobody has to stand here for a restaurant. Dee Oliver: True. R.J. Nutter: Nobody has to stand here for a restaurant and then everybody goes crazy. Anyway, thank you for your time and I appreciate your willingness to listen to everything. Jack Wall: Okay. Thank you. R.J. Nutter: Yes sir. Jack Wall: Thank you. Anyone else? Okay. Connie Jones: I have a question. Jack Wall: I'm sorry, it's closed at this point. Connie Jones: It's just making comments about .. 21 Jack Wall: Ma'am, I'm sorry. Yeah. I'm sorry. Ma'am, we're close for comment. Robyn, do you have something? Robyn Klein: Yes. So, this is a staff question. I'm on the code site, looking at the things that qualify under B2. One of them is a grocery store. So for my reference, what is the maximum height of an Aldi or Lidl that would go in? Is that 40? Is that the same 40 feet limit? Hoa Dao: The same provision will apply that within a hundred feet from the property use of residential, it needs to be under 35 feet. Robyn Klein: Under 35 feet. Hoa Dao: Yep, within a hundred feet of the residential zone property. Robyn Klein: Okay. So, and maybe somebody else can clarify this, there isn't part... So, in theory, an Aldi could go into this space? But you're shaking your head now. Dave Redmond: It's way too small. It's 1.3 acres. You can't get an Aldi on 1.3 acres; you need two and a half acres. Robyn Klein: Okay. So, it was two and a half acres, it could be .. But I'm just saying it's the same, similar size building that could go in this property with the same elevation? Jack Wall: By right. Robyn Klein: By right. Jack Wall: 22 That's right. George Alcaraz: A mom and pop grocery store. Yes. Dee Oliver: Or bar and grill. Robyn Klein: Right. That could have the same elevations, have the same sizes. Dave Redmond: But just remember now they're parking requirements that go with more intense retail uses. That scrambles that whole calculus. So this has a much smaller park than something like a grocery store would have. And that everything that they just said in terms of all the stuff, the setbacks, and all the rest of it, it's just a whole different end. George Alcaraz: I think she's getting at the size of the building though, what she's talking about. And then I think that was one of the... She's talking about the size of the building. Robyn Klein: Okay. Thank you. George Alcaraz: But you're talking about one of these other ones would require parks in the building would probably have to be smaller- have to be a smaller building. Jack Wall: Okay. So at this point, we've already had discussion, but let's have a formal discussion at this point. So who would like to lead off? Robyn's question was really directed for staff. Dee Oliver: Well, I'll start. I've done business with this company for many, many years. We've got three large storage units to the one that's fairly close to our neighborhood and it's a large building. I'll give it that. And it abuts a restaurant on Laskin Road and then three-story, very new, fairly new gated community with a lot of people that we know live right beside it. They're quiet. I've been in 23 there all kinds of days, times. They don't have a dumpster, which is extremely frustrating. So you have to haul all your junk away. Dee Oliver: And you're not allowed to use the restaurant dumpster. But they're well kept. They usually have no more than two employees. They're extremely quiet. They are under lit for something like this. They're always landscaped. I have to say it's one of the prettiest, nicest kept up storage units that I've... And that's why we use them and eventually I'll clean out and I won't have to, but right now, they do conduct their business very well. I have to speak with them. Jack Wall: Okay. Sorry. I saw Mr. Weiner. Go ahead. David Weiner: A couple things real quick. I'm just sitting here trying to think all the ones we've approved here in the last year or two or three or what I mean for a while now, we go back down Seatack, and they've always been next to a neighborhood as high as they are. We just approved one last month, right? Smack dab in the middle of Kempsville, on Lord Dunmore Drive. Dave Redmond: It was a lot larger. David Weiner: A lot larger. I don't believe it's not going to take any value away from any homes. It's not going to take any value away from homes. Just a quiet use. It's just a very quiet use. So, I'm going to support it. Jack Wall: Okay. Mr. Redmond. Dave Redmond: Yeah. Thank you, Mr. Chairman. A couple things as well. First off, the challenges is it just amazes me sometimes. The challenges that a number of people cite about this. The flooding in your yard has nothing to do with this application. It has to do with the state of this property and the two properties adjacent to it. There's impervious surface, which is to say asphalt all around you. And that's what this site is. But for a little bit of pervious towards the rear of the property, that's your flooding problem. It's not this, it doesn't exist today. Dave Redmond: 24 Heard enough about flooding in somebody's yard. Well, the building hadn't been built, so it can't be them. What you have here is the opportunity to improve, if not entirely fix that drainage problem. So don't look down your nose at the fix. I mean, I'd be welcoming that if my big concern was flooding from this property. If you are concerned about property values, I would be far more concerned about the rundown shopping center next door, which could have used some investment decades ago and the used car lot next store, neither of the two of those exactly jacking up your property values. Dave Redmond: This building I think they really did take, make an effort to make an attractive building as Mr. Nutter, the attorney said looks more like an office building, which is one of the things I hit him with when we talked some months ago is God, look good. And the other was it's a vast improvement to me in terms of the landscaping all around it, particularly on Independence Boulevard and to the rear of the property for the residents back there, it is a vast improvement, it's just a vast improvement. It is undeniable. It's inarguable. That will be a softer, more attractive improvement to that part of Independence Boulevard. So, I hate to be that tough about it, but it just doesn't make any sense to me to argue that flooding and property values are going to be an issue, there're going to be improvements on both fronts. And I agree, certainly with Dee, she has personal experience with this kind of stuff, because she's got a lot of stuff. It sounds like in perfect world. Dee Oliver: No, I have too much stuff. Dave Redmond: What are you storing? They take the black can out every week. You can put some stuff in there, but in any event, I think it's a fine application. I think if it's built, I think it'll be completely benign. And so, I'm certainly going to be in support of it and prepared to make a motion when everybody gives me a wink and an off. Jack Wall: Okay, all right. Thank you. Mr. Bradley. David Bradley: I don't quite have the same feelings as the previous commissioners, but I might be able to get there. Could you put the picture of the conceptual one where the storage facilities behind the townhomes? Is that available? Not that one. David Bradley: It's not on, on there. 25 Dee Oliver: It's on ours. George Alcaraz: I don't think that's what- David Bradley: Okay. I... George Alcaraz: Oh, there it is. David Bradley: Yeah, the one on the bottom right. And I went out there when I visited that on our site visit Thursday. My thought when I saw it is, "Wow! This is going to be tight." When we got the package, I didn't hear any concerns from citizens. So I said, well, maybe they're okay with it. And then I saw the supplement last night. Before this discussion, I probably was voting against it. My concern being the height and the property values and all that aside, if I lived in those homes and I saw that height behind me, I'd be concerned. David Bradley: I mean, that's the western side. You're not going to be feeling the sunset anymore, but three of the five speakers and I'm trying to weigh what I heard today, three to five speakers felt like the stormwater would improve, that the lighting would be minimized. The applicant has gotten rid of one of the access points and I'm going to rely on our traffic engineer that that is a good thing to do. So with all that aside, I think I'll support it. It's a close call for me, but those were my concerns going into this discussion. And we have seen some of these in the past and I agree this one just seemed tighter and closer to me than the other one. Jack Wall: Mr. Alcaraz. George Alcaraz: Yeah. I just want to say that the stormwater, and I guess I got to ask a question to Planning Department DSC. So it sounds like there's been a problem with stormwater on the townhouses. Most likely with townhouse, there's some sort of system on the entire length of that townhouse, because it's got to go somewhere and most likely the builder or developer had it move in to the rear and then the site on Independence had it moving to the rear. So what I'm getting at, there must be some sort of drainage system or facility that's taking that rear water. So when it comes 26 up, that's part of the view, right? If it's affecting what's there, they're going to have to adjust and make it accordingly to fit. If it's not working, it's going to come up? Robert J. Tajan: That's correct. They'll have to address their stormwater. They won't... If there are problems that are coming from the townhouse side, based on how it's graded that, of course, they will not solve that, but they will solve, they will address their stormwater problems on their side. George Alcaraz: Thank you. That's all I had because I'm supporting it also. Jack Wall: Okay. Hold on. Mr. Coston. John H. Coston: Yeah. I think I'm supporting it too. An improvement is an improvement and if you can improve the stormwater at this time, you can do the best with it that you can. I actually would've supported your second entrance, but since you withdrew it, I can't do that now. But I understand that people who drive, everybody thinks they can drive. Everybody thinks they can paint. And half of the people can't drive and half of can't paint. So I know that when you pull in and there's no space to back up a used truck, which you're not used to driving, it's kind of the potential for accidents. So, I'm supporting it as it is. Jack Wall: Hold on. I think it's a good look for Independence. It's tall on Independence Boulevard, maybe a little bit out of the ordinary for that location, but I think it's fine for driving along Independence Boulevard. I think that the adjacent neighbor, new business, you brought up some good points about the massing, just the scope and the scale of the project in terms of adjacent property. But I don't think that should necessarily negatively impact his property. I think that stormwater has been... We talked about that to a great extent, and it's expected that would be addressed during design and then during design review. Jack Wall: The adjacent neighbors, I think that I don't know, I mean, that 15 feet off the property line and then another 15 feet from the back of their homes, 20 feet may be to the property line. So it's only generally, gosh, 30 feet, maybe 35, 40 feet near the back of their homes. And I don't know if some of the examples that we've provided, if that's quite the same distance all along there. And I think the property owners do have a good point in terms of just the nearness and the scope and the scale and the size of the building in relation to their homes. I think it does affect 27 the suburban area. I think the comprehensive plan is against that. And so I'm not for it. So I'm not going to support it. Mr. Redmond. Dave Redmond: Mr. Chairman, I move approval of the application. Jack Wall: Okay. Is there a second? George Alcaraz: Second. Madam Clerk: I'm sorry, Mr. Chairman, who was the second? Jack Wall: Oh, I'm sorry. Mr. Alcaraz. Jack Wall: So we have a motion by Mr. Redmond and second by Mr. Alcaraz. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor and two against agenda item number three has been recommended for approval. Jack Wall: Okay. Thank you. AYE 9 NAY 2 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein NAY Oliver AYE Redmond AYE 28 Wall NAY Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "OCEAN STORAGE — INDEPENDENCE", dated January 25, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "OCEAN STORAGE", dated January 25, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "OCEAN STORAGE — INDEPENDENCE", dated January 25, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. When the property is redeveloped, the existing freestanding sign shall be in substantial conformance with the sign rendering entitled "OCEAN STORAGE", dated January 25, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. One of the two existing access points on Independence Boulevard shall be closed and be restored with curb, gutter, and sidewalk installation. 6. 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. 7. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet, except as noted below in c. c. Only motion activated lighting fixtures shall be installed on the rear façade along the northeastern property line that abuts the apartment district and shall be installed no higher on the rear of the building than ten (10) feet from the ground elevation. 8. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 29 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. 30 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: City Council Pubic Hearing Date: Tuesday,March 8,2022 2:47:17 PM From: Kimberly Rote<baysideasgmail.com> Date: March 8, 2022 at 1:38:44 PM EST To: mintoninterestsPgmail.com Subject:City Council Pubic Hearing Please let this serve as a letter of intent to inform the planning commission of my approval of the new MINI-WAREHOUSE project being proposed for the property directly across the street from my business. Said hearing is scheduled for March 9th 2022 and I look forward to this being approved. I have been a commercial real estate building owner for over 20 years. My building is directly across the street from said project. If I can be of any help or service, please feel free to reach out to me. Respectfully, Greg Rogers 757-373-5287 Bayside Artisan Shoppes 1637 Independence Blvd, Suite E Virginia Beach,VA 23454 Sent from Mail for Windows From: Woodardllc To: JHarchelle L.Coleman Subject: 1612 Independence Blvd Date: Tuesday,March 8,2022 3:37:15 PM Attachments: p0C254,ndf CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms.Coleman, When we first noticed the Orange Conditional Use Permit sign on this property,I called the City to ask about the details.I was put in touch with Mr.Minton.He came to my office to meet with me.He gave me the impression that he had spoken to our tenants at the Thoroughgood Shopping Center and generally people in the area.I am assuming he did not speak to my tenant's since I have received two calls and an email this afternoon. I have passed on the information on the attached and told them to voice their concerns to the City.I have also blind copied them to this email.I just spoke with the car lot on the other side of this property and they are not happy with the proposed size of the building. I know I emailed Mr.Minton saying we were fine with what he showed us,but I feel the need to withdraw that support for this project until I am able to meet more with my tenants and the surrounding businesses. I believe some will be attending the planning commission meeting tomorrow. To be honest,I am surprised you have not already heard more from the Thoroughgood neighborhood and the Hermitage Townhouses. Sincerely, Mary Joan Woodard Principal Broker/Business Manager Woodard Realty LLC est 1956 Woodard Management Inc. 2464 E.Little Creek Road Norfolk,VA 23518 757-583-4391 Telephone From: Beth Tipton To: Marchelle L.Coleman Subject: Storage Facility-Independence Blvd Date: Tuesday,March 8,2022 4:30:27 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments —1 unless you recognize the sender and know the content is safe. Dear Marchelle, I owe a townhome(4701 Donelson Rd) that backs up to the Wells Fargo parking lot at 1612 Independence Blvd. I just got a phone call indicating that there is a request to build a storage facility behind these town homes. This is the first I"m hearing about this and it is absolutely the wrong location for a storage facility. It will absolutely destroy the value of these town homes. Having to look out the back windows & doors at a 3-story commercial building backing up to your home is absurd - especially with security lights shining into your home at night. This is an inappropriate zoning for the property. Please vote NO!! Thank you. Beth Tipton From: +17574724331mymetropcs.com To: Marchelle L.Coleman Date: Tuesday,March 8,2022 4:58:51 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. It is to my attention that there are plans to build a 3 story Mini Storage at 1612 Independence Boulevard I live directly behind that facility Doelson Road! I was never informed or notified of these plans and feel is a unattractive visibility at my home! A three-story building is unacceptable in my backyard! My name is Robert Foster and I can be reached at 757 472 4331 or on my email at Bob Foster 1955 at gmail.com thank you for your time and consideration on this matter From: Ivndagbrassbellvb.com To: Marchelle L.Coleman Subject: Thoroughgood Shopping Center Tenant please please do not allow storage units Date: Tuesday,March 8,2022 4:09:09 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I just found out an hour ago that there were plans to put storage units in our shopping center.There is a sign with small print out front but I just thought it was a remodel of the building I've been a tenant in Thoroughgood Shopping Center Since 1978,I've had to shut down for a period of time due to employee shortages,I currently trying to open back up whether I do it or I sell it,if they build storage units I fear I will not be able to sell it or successfully reopen it.am now in the process of opening it back up myself or selling it and I feel that putting a storage unit facility in the shopping will change the whole look of the shopping center and deter customers and/or a potential buyer. It really worries me that they said they contacted the tenants when I haven't heard a word from anybody,what else are they being dishonest about.Also,my family owns 3 townhomes that we rent out behind the shopping center and I believe that my effect what we can get for rental income.I'm begging you to not allow it. Thank you for your consideration, Lynda Gilpin Brass Bell LETTER OF OPPOSITION FOR NORTH INDEPENDENCE STORAGE, LLC — MINI WAREHOUSE -- 1612 INDPENDENCE BLVD We,the community of Thoroughgood and surrounding businesses in Virginia Beach, strongly oppose the construction and planning of North Independence Storage,LLC, located at 1612 Independence Blvd Virginia Beach,VA 23455. We not only believe that this will hinder the everyday activities in our community,but we know that it will be an eyesore to our neighborhood. This does not bring any value to our community. It takes away from the peace of mind and every day pleasure of living and working in this neighborhood. So far, one neighbor has contacted this project about their support. This made it look like we as a community were on board.This is completely false. That ONE person does NOT represent the feelings and emotions of this community. We STRONGLY oppose the building of this project. They have gone out of their way to fly under the nose of the people who work and live in this community. We strongly oppose this entire project. The North Independence Storage LLC located at 1612 Independence Blvd will drastically lower the quality of life to the residents and business. Please do not allow this to go any further. Name Address Phone Number Signature •�1.5 2 .n.. Nka ed lJ. 1s4NL, kl.e4- Lr i 1.6 Cc Qi•°4W t t-t t04-1 - (a t� (e, (A I 11u- CLAn K.P at fV. a-Y►d kcie V►.CI1LV1 C.L epi UoCk UC I Sap 91-.4-1Adt - 1-03#) �� t ylci 6 et n ,ey 0 1 'D'ot )4 oil iU ks-0-A9-0 600,14_ 0a/gv k•1 Lt)OOA g , Doeliay. 47,3 _,b,„ \,,,,, is-7-167 -g5ier airIP NokAt shta L\-in DavAsy-1 oiAA (cc(a_-- zs"`C Cp4W1--- 1LPc' Qr(Ld tit of ir7 - y94 069 • AA- \DCLICIA '736 (7.0)576- 10 7 -7� 1elVon MS"4\ 6� Ufa b'17 &s J 6\f\\I'i\) \C 'f\\"&-17) °Ntk-00 Q-3 C-1 lk -1 2 zcl / We,the community of Thoroughgood and surrounding businesses in Virginia Beach, strongly oppose the construction and planning of North Independence Storage, LLC, located at 1612 Independence Blvd Virginia Beach, VA 23455. We not only believe that this will hinder the everyday activities in our community, but we know that it will be an eyesore to our neighborhood. This does not bring any value to our community. It takes away from the peace of mind and every day pleasure of living and working in this neighborhood. So far, one neighbor has contacted this project about their support. This made it look like we as a community were on board. This is completely false. That ONE person does NOT represent the feelings and emotions of this community. We STRONGLY oppose the building of this project. They have gone out of their way to fly under the nose of the people who work and live in this community. We strongly oppose this entire project. The North Independence Storage LLC located at 1612 Independence Blvd will drastically lower the quality of life to the residents and business. Please do not allow this to go any further. Name Address Phone Number Sign ture > 4'+1.1!1 }} ?e---rr'‘i )511 1Z4C^ LA . 1p1- 639- a3(3Y ft' At • A • l 1 `t AA " CV E1C' a i I * 0 I) • -75-3449062°9 4%\w� e,MticQ ��o�s t nd c2- ��Yb 4 �oeac v p tx L-j+i, /fl. -'ems.,��` eo Lc. iv. ...(4,,-c� 0 c )6oc )ham 13ivI vA 11��3fI Is? ' V 4 \� o \ 17 \ ydr0 e;. iL c0/ e_ OR Ilo OR vk Alli0116.°Y \ ' -44, _OR ,/,. \ \ \ __ 'street 401h \ - -----4oc' s / OR OR ' R7.5 r_ \ OR N rA Site W AbL I George Stoyanov NW. 1 Property Polygons 4005 Atlantic Avenue, Unit 115 S Zoning Building Feet 01530 60 90 120 150 180 r�1A_-�+c1�g f�4 'may`7?1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: GEORGI STOYANOV [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 115 (GPIN 24280514483910). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: April 5, 2022 • Background: The applicant is requesting to operate a one-bedroom, 357 square foot Short Term Rental unit within the Oceans II Condominiums. This 14,500 square foot site is known as the Oceans II Condominiums, located in the Oceanfront Resort District. According to City records, Oceans II Condominiums includes 42 condominium units that were constructed in 1976. However, part of the building was previously a motel that was constructed in 1956. • Considerations: Nine Short Term Rental Conditional Use Permits have previously been approved on the property. The condominium building is at the northern terminus of the Oceanfront boardwalk. The surrounding area is a mixture of high-rise multi-family dwellings, hotels, and other commercial and resort-oriented uses. The subject property lies on Atlantic Avenue corridor, which serves as the main north-south connector, including Pacific Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as the area where many Resort Area visitors stay and gather. Therefore, the use of the unit as a Short Term Rental is consistent with this purpose. The unit would provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. There are two adjacent off-site parking lots dedicated to Oceans II Condominiums, as shown on the parking plan provided in the staff report. The applicant has one assigned parking space (#26) in parking lot 2, thus, fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241 .2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of opposition were received about the request. Georgi Stoyanov Page 2 of 4 • Recommendation: On March 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, with 1 abstention to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 115, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 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 Georgi Stoyanov Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except that each Short Term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection 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 Georgi Stoyanov Page 4 of 4 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. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter(s) of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6e7 City Manager: 40 Applicant & Property Owner: Georgi StoyanovNIB Agenda Item Public Hearing: March 9, 2022 City Council District: District 6, formerly Beach 4 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 4e0s%eet Approval tGO nY pcive b Staff Planner " �SthStrec4 r Jenizza Badua o-s Oil ' los Hank Morrison Cava►+arprjye "—Tit j 001 Location oo9w0 111 r 4005 Atlantic Avenue, Unit 115 �r, ► tre•r 1'G P I N '+ao,,, 4' 24280514483910 �'`� i Site Size o - 14,500 square feet p�e.. o ooaRo�o/ ,‘. 1 10 _ \ Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort v -- Surrounding Land Uses and Zoning Districts North ` 9 Multi-family dwellings/OR Oceanfront Resort 4r South \ ''''' ‘-"'' 4,1‘'' dik �. 40th Street (pedestrian beach access), hotel/ t 4} • .` }' OR Oceanfront Resort 9 �� £ ; East r, :c .�, Public beach of the Atlantic Ocean/OR t° 4pd;st�eet i- _ 4 Oceanfront Resort `" '` - r ,_ West - _ ��, Atlantic Ocean _ • t•' 1 Multi-family dwellings/OR Oceanfront Resort ' ' ols,` }4 t Georgi Stoyanov Agenda Item 4 Page 1 Background & Summary of Proposal Site Conditions and History • This 14,500 square foot is the site of the Oceans II Condominiums in the Oceanfront Resort District. • According to City records,Oceans II Condominiums includes 42 condominium units constructed in 1976. However, part of the building was previously a motel that was constructed in 1956. • There are 42 off-street and off-site parking spaces within walking distance of the property. Each condominium unit is assigned one parking space. Twenty-two of these spaces are located in a parking lot across the street(40tn Street connector park)to the south adjacent to the Holiday Inn. The remaining 20 parking spaces are located in a lot diagonally across the street from the condominium development. • On-street parking is not permitted on this portion of Atlantic Avenue. • Nine Conditional Use Permits for Short Term Rentals have been approved on this site by the City Council. • No past zoning violations were found on this property. • Known Short Term Rental activity as of March 3, 2022: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISIONER OF THE REVENUE No 10/2021 No Short Term Rentals in the Vicinity Atwi ggth Street Sweet -r44 bard Ha11 43rd Street Hatt Street `s ! A2Nd avalier Drive a � G t � q a 01 Short Term Rentals ^• n CUP Si.us G • 36th Street Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a one-bedroom, 357 square foot Short Term Rental unit 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. Georgi Stoyanov Agenda Item 4 Page 2 • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 711/4 2 OR Zoning History • # Request 1 CUP(13 room addition to 30-room motel)Approved 2 10/08/1973 • CUP(Short Term Rentals-5)Approved 08 25 2020 CUP(Short Term Rentals-2)Approved 02/04/2020 oth_swooCUP(Short Term Rentals-1)Approved 11/17/2020 CUP(Short Term Rentals—1)Approved 3/1/2022 2 CUP(Condominium)Approved 2/18/1972 OR •R NON(Stockbroker's office)Approved 11/10/1980 7 5 , oa • 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 CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a one-bedroom, 357 square foot Short Term Rental unit within the Oceans II Condominiums, where Short Term Rental use is to be expected. Nine Short Term Rental Conditional Use Permits have previously been approved on the property.The condominium building is at the northern terminus of the Oceanfront boardwalk. The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial and resort-oriented uses. The subject property lies on Atlantic Avenue corridor,which serves as the main north-south connector, including Pacific Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as the area where many Resort Area visitors stay and gather. Therefore,the use of the unit as a Short Term is consistent with this purpose.The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. There are two adjacent off-site parking lots dedicated to Oceans II Condominiums, as shown on the parking plan provided in this report.The applicant has one assigned parking space (#26) in parking lot 2,thus,fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. As the property is in a condominium form of ownership,the Board of Oceans II Condominiums' representative has provided verification that the application of a Short Term Rental Conditional Use Permit in the development is permitted. Georgi Stoyanov Agenda Item 4 Page 3 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 4005 Atlantic Avenue Unit 115, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the Georgi Stoyanov Agenda Item 4 Page 4 property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner,or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection 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. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/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. Georgi Stoyanov Agenda Item 4 Page 5 Public Outreach Information Planning Commission • Two letters of opposition has been received by Staff noting concerns related to a concentration of Short Term Rentals in the building and surrounding area and declining property values. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 7, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 20, 2022, and February 27, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 21, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 21, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of hops://www.vbgov.com/governrnent/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 1, 2022. Georgi Stoyanov Agenda Item 4 Page 6 Site Layout & Parking Plan e ` oceans% Cond i\jailli.....# , . 4 . , 4;,;,..,,. 134 tit . \• ti .., • i' ' 4 ,.-. 41,-— 7- •- --firo-•;‘,..siscii ' -- ' 1 -,.' - Cli 1--- / .0r.r.,..r.,;.: I:: ‘ ' ,_, ....-..' ' 40� SS o ' a f p 4pSH , '�-,"l 7, %V ' ..3..,, V,\., -,d parking , , i Parking °t 1 f Ass�gnace#26 � ' '� t - \ \ \ ' -7- .'---- Parking ; . _ N°1lday inn • �' -' r \ -- - k ,rr\ir 0, lk .w...:t;_:__ ., --Irti7\171 - \ s- ,. ‘ .s Georgi Stoyanov Agenda Item 4 Page 7 Site Photos E' `s- w. 4. t ? M lrs in iF-Utes '', ....ft i ' ,i„-. ma I ...it -:-— • ,,,.t ,_ • ,,-a 11i Pe Ar;r0,11': . '- NrAgi 0 4- - , c-. , '411,' GIL - _ A N -_ y Georgi Stoyanov Agenda Item 4 Page 8 Site Photos ikfil 'N, i IwIr4..., .... , ,.. ,... %, •41,,,, 1 lik avt , 1 .- --- -'- - NL,1111‘11 /Zimrit1;::' Kw . — , hNillit I' . — ak-,IN‘ Ilk_ 411'4' , ik` , illiktbill1111&;:1 , r lik,, Illophlwois I l illit ir* ‘1111'11" .. . , ..,. . I„44. gpillON ,. 41111- It I. • — iiirl 1 -- •'. _ ., -- . 4 , "....4.4,,..4. • x. . - .--, II , .i-,.' •• _ . , . •' ti. 11°,4 .k-.4-?..,,- 4.---A--- ' .-:-; .... _ it illimpit ._ 4"0•-,.:.- ,• -.iw- ,••-v- • .„ ',NINalla.. .,,.... ,... ..._ , . ,1 , •..,- . -• '-,,' '.. _. , •,........„---- , '• ---. . . . IP' • ,..____ ..,., ..... _ ....._ -- --- - -- ea.'s. , r soir 4 i ril • .. .- ,. 'Ma 111'IN VI , . , 1 ...._' , 1 . ' - - ' 111M111" ........ iiihi,... • t, ,„..- • i •I a ' ......: , _ . _ ... . _ . • ift. _;t ....___ :-- •-, ,. -, 0 . 4.* Illit _, ... _ - • , . ki,..., .., ,./Liamor .limidamm. . nor - Georgi Stoyanov Agenda Item 4 Page 9 Disclosure Statement Disclosure Statement C.:y it(•srur•no.• Planning Si 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 Georgi Stoyanov - Does the applicant have a representative? 0 Yes a.No • If yes,list the Caine of the representative. Is the applicant a corporation,partnership,firm,business.trust or an unincorporated business?❑Yes ii/No • !'yes.'i t the'"sn-n<- ,,, ff; r; directors,r�e, ,bees.trustees etc.below (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or af`i;aced business entity1 relationship with the applicant. (Attach a list if necessary) 'Parent-subsidiary relationship"means"a relationship that exists when une corporation directly or indirectly owes 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)cne business entity has a controlling ownership interest in the other business ent ty,(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 comming;ed 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 betweer 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 Georgi Stoyanov Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement 'U3 (i1 J 9f t iMli•Beach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on,the subject public action?❑Yes NI 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? III Yes ❑No • If yes,identify the financial institutions providing the serv:ce. atezaleltnor(gage Imran Bagwan 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Or 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 AI No • If yes,Identify the purchaser and purchaser's service providers. Revised 11 09.2020 2 I P a g r Georgi Stoyanov Agenda Item 4 Page 11 Disclosure Statement Disclosure Statement .,:v,5r,ym:uM��. Planning&Community I khrelopment 6 I)oes the aapi cant have a construction contractor,r;c onncc:c r,,;hc s.tbicc of the a_mal c ation or any business of to be oaerafed or,the property;17.1 Yes ®No • If yes,identify the company and tr dividual provid':g the setv,ce 7 Does the applicant have a-engineer/surveyor/agent in ce"iecac e wit' t`le st:b.ert or the aOpi cation or any ousrness operating er to hr operated tic p•c,a:rty'r Yes ®No • If yes,identify the firm and inch:a,,,i pro c. g 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 NI No • if yes,identify the firm and individual providing the service Applicant Signature I e ,•',at all of the in`orrnation contained t^this Disclosure Statement Form is complete,true,and accurate. I understand that, -rpo• e'ce h1 or rotificat or that the application has been schedules for oublir 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 Georg:Stoyanov-owner Print Name and Title 12/1/2021 Date Is the applicant also the owner of the subject property? NC 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 Co r. "' •I • ni n:- that pertains to the applications ,.- No changes as of Oar' 3/16/2022 sra'at' 7a 0._# Iddft. Print Name Hank Morrison Revised 17 09 2020 3 I P a g c Georgi Stoyanov Agenda Item 4 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. Georgi Stoyanov Agenda Item 4 Page 13 STR VICINITY MAP GEORGI STOYANOV „Owl Street '"f 4.4 0 e-,il,i.0e).ci,w....i-, I a‘f stye �,' ' "43r d rd Street �• --' "* 3 ! I ''I " : eet 1� Sty ..-� 42�d Na 1er 0r'IV e,/ i ..„.. .... - d 't,„ .:t l N711)<P4P/41r _ ....a*.vil , t„,, , , All may.:. r :� h S MO. 9) WO, 1.-‘, ,,...------„Jvh wow 11\ o Tom,, ' q Short Term Rentals ,k tv Alli. 4 . • CUP Status co`y OP 1111 : :::: lilt ', eA. , t 3s!r,..,Rt.,.., 0 stye Virginia Beach Planning Commission March 9, 2022 Public Meeting Agenda Item #4 Georgi Stovanov [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 4005 Atlantic Avenue, Unit 115 RECOMMENDED FOR APPROVAL - CONSENT George Alcaraz: All right. Thank you. The next item on consent is item number four for Georgi Stoyanov for Conditional Use Permit for a short-term rental, at 4005 Atlantic Avenue, Unit 115 and Planning staff will handle that. Madam Clerk: Mr. Vice Chair, the applicant is virtual today. Calling Georgi Stoyanov, if you would please pause two to three seconds, please state your name. And if the conditions related to your application are acceptable. Georgi Stoyanov: Georgi Stoyanov. Can you hear me? Madam Clerk: Mr. Stoyanov, are the conditions related to your applications acceptable? Georgi Stoyanov: Yes. Madam Clerk: Thank you. George Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Are hearing none, I've asked Commissioner Dee Oliver to read this for the record. 1 Dee Oliver: Thank you. This is a request for a Conditional Use Permit for a short-term rental located in District 6, which is formally the Beach district. The address is 4005 Atlantic Avenue, Unit 115. Previously, they already have, I believe nine short-term rentals in this condominium unit. And it is located in the OR Section of Virginia Beach, which is the Oceanfront Resort. They are approved for all the requirements for a short-term rental and therefore we've put it on the consent agenda. George Alcaraz: Thank you. Mr. Chair, that was the last item on the consent agenda. Consent agenda and the Commission places the following applications on the consent agenda, items one, two, four and five. Jack Wall: Okay. Thank you. Do I have a motion to approve by consent items one, two, four, and five? Madam Clerk: I'm sorry, Mr. Wall, who made that motion? John H. Coston: George made it. George Alcaraz: Yeah. I was going to make it. Jack Wall: Yes. Yeah, go ahead. George Alcaraz: Thank you. I make a motion to approve agendas one, two, four, and five in the consent agenda. Jack Wall: Okay, thank you. It's there a second? Donald H. Horsley: Second. Jack Wall: 2 Okay. Dave Redmond: Mr. Chairman. Jack Wall: Yes? Dave Redmond: Mr. Chairman, I am going to vote in favor of those items on the consent agenda. However, should note that I have a letter on with the City Attorney's office. So I will specifically be abstaining on agenda items, number four and five, the two short-term rental applications. I have a client in the travel industry and I abstain from not just individual applications, but any sorts of ordinances that relate to that as well. Thank you. Jack Wall: Okay. Thank you. So we have a second. Do we have any other abstentions? Okay. The motion for approval is made by Mr. Alcaraz and seconded by Mr. Horsley. Madam Clerk: Thank you, Mr. Chairman. The vote is open. Barry Frankenfield: Let's see if I can do this. I've never done this before. I've never done it before. Madam Clerk: By recorded vote of 11 in favor and zero against agenda items one and two, are recommended for approval. By recorded vote of 10 in favor, zero against with an abstention by Mr. Redmond on agenda items four and five have been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz _ AYE Bradley AYE Coston AYE Cuellar AYE 3 Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 115, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 4 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection 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. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The 5 compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/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. 6 Hank Morrison From: Charlene Leahy <cwleahy@gmail.com> Sent: Saturday, March 5, 2022 8:03 AM To: Hank Morrison Subject: Short Term rental - Accela record: 2021-PCCC-00374 Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Morrison, I am unable to attend the meeting to discuss the latest request for short term rental status on the Oceans II property. I would like to register my opposition. I have property adjacent to Oceans II and the new Marriott Condos, and am opposed to the number of units on both properties now requesting short term rental approval. Use of those properties for short term rentals subjects the owners of adjacent properties to multiple renters who may not follow applicable HOA or Virginia Beach rules. Our property value will be decreased if we are in an area that is surrounded by multiple short term rentals. Being next to a hotel is bad enough, but at least the hotel management has the right to govern misbehavior immediately. Finding and contacting the owners of units where renters are flouting noise, smoking, parking, or other rules puts an undue burden on individuals affected by the behavior. I want to go on record as opposing any and all Short Term Rental Conditional Use Permits for this area. Thank you for your attention to this matter. Charlene and David Leahy The Oceans, CS 13 4004 Atlantic Avenue Virginia Beach,VA 23452 1 Hank Morrison From: jimnora@aol.com Sent: Tuesday, March 8, 2022 1:50 PM To: Hank Morrison Subject: 4005 unit 115 3/9/22 public hearin CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Hank Morrison, PLEASE NO MORE STR @ 4005 Atlantic Ave We are owners of a unit at the above address, and also operate a STR, however, we oppose any more STR, at this address. 4005 Atlantic Ave., has many STRs, whether they're operating illegally or not is hard to know. The nature of the layout of the building itself, lends to inconspicuous renting and avoiding the set VB STR, ordinances. It's my understanding that 4005 Atlantic Ave., could possibly have STR operating illegally without zoning permits. There are probably 15 STRs maybe upwards to 20. It's hard to tell who is legal or not. We as owners have requested a list of units that operate as legal STR and the owners contact, on our condo website or such a list mailed out to each owner via the HOA board or management company. But no such list has happened to inform owners. Is there a way that holds the board or management co. Accountable for signing off on STR and assuring required permits are in place. We feel as owners this accountability to the board and management would reduce illegal operation and assure o property owners our building is secure, safe and in compliance. We had our life and safety inspection in February and we asked the inspector how many inspections he had done from the STR at 4005 Atlantic Ave& he said "we were the only ones at this address." And yet there are STR all around us operating, and we know they know about the requirements and zoning permit. We know the board knows and management knows , we've suggested they send a notice to owners that are operating illegally the ordinance requirements and required zoning permit. To our knowledge nothing has been sent out. And even people on the board, continue to buy units, request CUPS, and yet continue to rent they're multiple units without being in compliance. SO PLEASE NO MORE STR AT 4005 Atlantic Ave. At least until all STR are in compliance are building is secured, and the HOA board has a plan to regulate STR, and our building violations are remedied Please make this letter known to those who are making decisions and allowing more permits for STR, at 4005 Atlantic Ave.. Understand we also have a STR, and rent responsibly, we enjoy ours as a family and also enjoy sharing it with guests who might not be able to experience all that VB has to offer. But to allow anymore permits for STR at this address would only decrease the enjoyment, safety, and the value of the current owner's property. 4005 Atlantic Avenue building is a gem sitting in a beautiful area of VB, I believe you would agree. It is one of the small buildings still left on the Oceanfront with charm. We believe as owners it is our duty to take care of it, however the current explosion of STRs is stealing the unique charm of ownership of this community and the beauty it brings to the area of 40th &Atlantic. We believe it is a positive thing for the city of VB and 4005 Atlantic Avenue's owners to protect its unique charm. Unfortunately, with the explosion of STR and nature of our building, greedy investors are soliciting the units, buying up several and renting them out like crazy, not considering the effect, it has on owners who are full time residents and owners that use their units for family time and vacations. We do appreciate the city of VB for letting us voice our opinion concerning the impact of more STR will have at 4005 Atlantic Ave. and we hope you'll pass this on to those who will be allowing permits or not. Unfortunately, we are not able to attend the meeting nor comfortable speaking in public. But as owners that have rented for twenty years, we are so glad for the city's response to the current STR explosion, and the appropriate guidelines. Sincerely, Concerned Owners at 4005 Atlantic Ave. Sent from the all new AOL app for iOS eRr\ �,O`RR OR toills..!.4i `OR `IV a� /OROR R ^i n A°r/74:2.tr. M R5S` \itl0 - '. ThStreeta R5S Q0 � � 10 � D �ilo IV* � OR � R5SII JRS S' lli �� � ��OR 4 - rA18 �R OR -� RT3 �-9th Stree so iii: 9t h tre..1 �vcritoicl � 0� Q\ R5;5 — � � 0 A18 ,� i! 5 � OR � gth Street 0 U * A36�R5SA1^8 0 t OR 4 ` R§'SN iR5S, Aa‘ey OR \ N .(4-& // Site Jesse Ryan WV1': Property Polygons 909 Pacific Avenue, Unit C s OZoning Building m �Feel 0 50100 200 300 400 500 600 I c.o./ ,,,,,, f,; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JESSE RYAN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 909 Pacific Avenue, Unit C (GPIN 24272444111015). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: April 5, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 617 square foot Short Term Rental. This 35,000 square foot parcel is known as the Retreat-by-the-Sea Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 1969. • Considerations: Short Term Rentals are prevalent on this property with currently eight approved Conditional Use Permits for the operation of Short Term Rentals. Two parking spaces are required for this request. The applicant has one designated parking space on-site, and the second parking space will be leased at the 9th Street Municipal Parking Garage, which is directly across the street from the condominium development. The applicant has submitted a Letter of Intent to Lease Form to purchase an annual contract for one unreserved parking space at the 9tn Street Municipal Parking Garage once approved by City Council. Per Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator has reviewed the parking plan and deemed it acceptable. All other requirements of Section 241 .2 and Sections 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as the area where many Resort Area visitors stay and gather. Therefore, the use of the unit as a Short Term Rental is consistent with this purpose. The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. 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 March 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, with 1 abstention to recommend approval of this request. Jesse Ryan Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 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. Jesse Ryan Page 3 of 4 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection 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 Jesse Ryan Page 4 of 4 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. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r 7 City Manager: /� Applicant & Property Owner:Jesse Ryan Agenda Item Planning Commission Public Hearing: March 9, 2022 City Council District: District 5,formerly Beach 5 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation .\ rh slrecl Approval 1 t8l„Sl=e`` oQy•re —...- � vie Nt chB. In=a 6 Staff Planners " ,bl5`r Jenizza Badua gth sl'eel Hank Morrisonk \ t�th�t`t't"Strut ey . treat . . Cd4e Or Location 11`"S 4 J. ° �� t \ 909 Pacific Avenue, Unit C 5-motQ o Norfolk Aven ythr�" street ` p11 9lh Avr+Ve e • GPIN rend I C ��.am" • - 6lh Stjeet ♦ . N Aye yenoc 24272444111015 s `jr9"' �,.o+=n'p 9 5to sne`` ee • • c 1,th 5lr o i .kd"cc' Site Size 4 *-----1 s 34,984 square feet -/ i Existing Land Use and Zoning District Duplex Dwelling/OR Oceanfront Resort ri III Surrounding Land Uses and Zoning Districts : • ; ti�� • _` 4 II North n _ t ,,� = - �'� :‘ . klk Duplex dwellings, commercial parkinglot OR �l= / Oceanfront Resort ;- ,, ,•, • ,, .1 South 9th Street '` iit �I Municipal parking garage/OR Oceanfront ` • * • Resort r:, ` �t x NorfolkA� m lC,enue �.« East ... ..,..• — 1...T::::, c Retail shops/OR Oceanfront Resort }tePn4�. c - West r , /- - VA, ' % - - 1 ._T, Pacific Avenue . - ,~ - 04. a t . 'fel'. ' + Off-street parking lot/OR Oceanfront Resort Jesse Ryan Agenda Item 5 Page 1 Background & Summary of Proposal Site Conditions and History • This 35,000 square foot parcel contains the Retreat by the Sea condominium development and is zoned OR Oceanfront Resort District.According to City records,this multi-family condominium was constructed in 1969. • There is no on-street parking on Pacific Avenue. • Eight Short Term Rental Conditional Use Permit application requests have been approved in this condominium development. • Staff visited the site on January 25, 2022 to observe site conditions and take photographs for this report. • Known Short Term Rental activity as of March 3, 2022: CURRENTLY ADVERTISED LAST KNOWN REGISTERED WITH THE RENTAL COMMISIONER OF THE REVENUE No N/A Yes Short Term Rentals in the Vicinity 0, • 14th Stre et C. 7 n. • e t30 Street co co .* t to — AAth t-eet uake Drive : Alley ` Norfolk Ave ue k y • C i St/vet co gth8th:teteetet - 32A11e c 7th Short Term Rentals -I a akrt� * +;4,, street CJP Mal. jenlie via �1ey 0, p, • • x" lit Avenue ven" i e _ . 5th Stree� .,.... terraoe A = r1 1 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-bedroom, 617 square foot Short Term Rental unit 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: 2 • Maximum number of guests permitted on the property after 11:00 pm: 2 Jesse Ryan Agenda Item 5 Page 2 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 1 • One parking space is to be leased at the 9th Street Municipal Parking Garage across the street. 'A'' -OR " 1-- t„...--1‘ itICS,-.-le ' \ / OR IT \ Zoning History OR # Request V _f� 1 CUP(Short Term Rental)Approved 02/4/2020 �.(�.�+ `"-+a+stt6'` CUP(Short Term Rental)Approved 06/9/2020 V \°R 1 R. ,, CUP(Short Term Rental)Approved 08/25/2020 A_18 / ••./ ` CUP(Short Term Rental)Approved 08/25/2020 /�l at CUP(Short Term Rental)Approved 10/20/2020 sues' CUP(Short Term Rental)Approved 03/02/2021 Norfolk A venvO R s ,. CUP(Short Term Rental)Approved 04/06/2020 �' CUP(Short Term Rental)Approved 11/09/2021 R-Ss OR % c s • ty` 60 .SCR A \ H If 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 applicant is requesting to operate a two-bedroom, 617 square foot Short Term Rental unit within the Retreat by the Sea condominium development. Short Term Rentals are prevalent on this property with currently eight approved Conditional Use Permits for the operation of Short Term Rentals.Two parking spaces are required for this request. The applicant has one designated parking space on-site, and the second parking space will be leased at the 9th Street Municipal Parking Garage,which is directly across the street from the condominium development.The applicant has submitted a Letter of Intent to Lease Form to purchase an annual contract for one unreserved parking space at the 9th Street Municipal Parking Garage once approved by City Council. Per Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator has reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Sections 2303 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as the area where many Resort Area visitors stay and gather. Therefore,the use of the unit as a Short Term Rental is consistent with this purpose.The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. As the property is in a condominium form of ownership,the condominium representative has provided verification that the application of a Short Term Rental Conditional Use Permit in the development is permitted. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Jesse Ryan Agenda Item 5 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. Jesse Ryan Agenda Item 5 Page 4 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection 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. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/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. Jesse Ryan Agenda Item 5 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 7, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 20, 2022, and February 27, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 21, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 21, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 1, 2022. Jesse Ryan Agenda Item 5 Page 6 Site Layout & Parking Plan Ft i til 4446111146 1/''' tor , Ilk ,. ' 4 > - -- —7 ---�- _---m"- - --7 { • 4 s ,-J .- l t',4 I' ay :- 1, 1 fil ..' • . i-s , I.a '(-1 441 ' 1 i ' I Assigned Parking Space#1 = -4 w! : VII t 1r..n ;r-ter r► — •r v-v — — — ►r wr.• ,t +i 'S� f._• - kt + = o Retreat By the Sea Condominium , 4 —---"'" ........ ..-............---,......-..-.... .. — :ifif viivitok.,`--- - --- . . , , , _ .,..- . . --, shift \ : ‘* 1/4 \ \r, , ti, - -1-- --....„..,,,, 410. 0.0.01 , • a 'A!.1/—4 ' t' 21 41 '� i r 9th Street Municipal Parking Garage 11, 4 ; 4 1 1== Leased Unreserved .•• 1 4 _. .; " ,: . l ' ParkingSpace#2 R €,. • e1 t t ;II' _ $114:'*•: t 41761'irmi'ili..ikH ' .., 41 1 t t 4 Jesse Ryan Agenda Item 5 Page 7 Site Photos rvs-, mil WIN INF I ® 1.1 w ""AMPLIIIIMI Il Iiiinia- LA I - f. 1 a k., (c i:, I IIIi = Lr_. y r`- i3 s i1 - II llUil ® t __ 1,.. _.. _- • t r�i•��Il.f._. F L �� �, ,I r� , ' , r. .A • 1i '.-- --- Jesse Ryan Agenda Item 5 Page 8 Site Photos 1, - t__ _ t - 7----------- 1 7 a 0 1 i / ti : i @ ._ - k........... _ , ,, .... ., , _ . ...... 41111##17 \ 4,-..,„_...,___ � : tj` 74,` Jesse Ryan Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement City u!. Balch _ Pla N1/4nning&Com 'l%11110r ._ Developm• _ 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 Jesse Ryan Does the applicant have a representative? ❑Yes 11 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets•the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Jesse Ryan Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement ray ytrtsn+ - Planning&Community De t$ pment • Known Interest by Public Official or Employee Does ar 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? Applicant Servkes Dlsdosstre 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or arc they considering any financing in connection with the suoject of the application or any b„siress operating or to be oprrrited on t"e properly? II Yes No • If yes,identify the financial institutions providing the service. PennyMac Financial Services 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property/ CYes it 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 F,ovided 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 servrnce. 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?[1 Yes ■ No • If yes,identify the firm and individual providing the service. S !here Any other pending or proposed purchaser of the subject property?❑Yes • No • It yes,iccii the pi.•cb<<er anc F Jrcha;cr ,ev;ce providers. Revised 11 09.2020 2 !P:_.,e Jesse Ryan Agenda Item 5 Page 11 Disclosure Statement Disclosure Statement Vi3 ivy„j.u....bnist Planning be Commu r ;: _ Illht._ ---.' 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 it No • if yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in comet:or with:no sLbJEct of the application or any business operatng or to be operated on the property?0 Yes I No • if yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • tf 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 cnde'Sta-d teat. upon receipt of notificatior that the application has beer'scheduled for public hearing.I am responsible for updating the information p►ovi d herein o weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public y or c Mee in connection with this application, Apo cant S ., ure —` iesse Michael Ryan Owner Print Name and Tide 3.15-22 Date Is the applicant also the owner of the subject property? (iif 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 P d .1°1 Dile 3/16/202. Signature r,, : erL ""t" Hank Morrison Revised 11 09.2020 3 I P a c s Jesse Ryan Agenda Item 5 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jesse Ryan Agenda Item 5 Page 13 STR VICINITY .___:AP J ESSE RYAN * 54\4#,, - ',,,„,,, .�, ,,,„, k sheet �� „ ` ' 14th vog n r IP '0 h 13 treet CD c 1 t \- 'to v . , 1+� �;� treet .l .''''.47 .%. .-114.1ti\t"All':51'..n ''',, iloifrA- '. CO,' ..- .- ;ctiUti 11311e&twiwittr „,,‘" 40 % Norfolk Av+e a to Meet co irII c gth ath street ns pffieV th street 44 \ Short Term Rentals rm.ts ,. �� Meet $TR D� --'', 6th S CUP Status lenue • Aoo•a. nt Avenue 7'* ~` 5th Street , • DM.e Sri•Rw,+w Aven'le, *'� rr 4 Virginia Beach Planning Commission March 9, 2022 Public Meeting Agenda Item #5 Jesse Ryan [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 909 Pacific Avenue, Unit C RECOMMENDED FOR APPROVAL - CONSENT George Alcaraz: All right. Thank you. And next item's number five for Jesse Ryan and applicant for Conditional Use Permit for a short-term rental at 909 Pacific Avenue, Unit C. Is there a representative here today? Please come forward. Jesse Ryan: Yeah. George Alcaraz: If you can just state your name for the record. Jesse Ryan: Jesse Ryan. George Alcaraz: Okay. Do you accept all the conditions? Jesse Ryan: Yes, I do. George Alcaraz: Okay. Thank you. You may be seated. Jesse Ryan: Thank you. George Alcaraz: 1 Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Mr. Coston to please read this for the record. John H. Coston: The applicant is requesting to operate a two bedroom, 617 square foot short-term rental unit within the Retreat by the Sea condominium development. Short-term rentals are prevalent on this property with currently eight approved Conditional Use Permits for the operation of short- term rentals. Two parking spaces are required for this request and the applicant has designated one parking space onsite and will provide a second one, which will be leased at the 9th Street parking garage. The item meets all conditions and it's in the proper area and we have therefore placed it on the consent agenda. George Alcaraz: Thank you. Mr. Chair, that was the last item on the consent agenda. Consent agenda and the Commission places the following applications on the consent agenda, items one, two, four and five. Jack Wall: Okay. Thank you. Do I have a motion to approve by consent items one, two, four, and five? Madam Clerk: I'm sorry, Mr. Wall, who made that motion? John H. Coston: George made it. George Alcaraz: Yeah. I was going to make it. Jack Wall: Yes. Yeah, go ahead. George Alcaraz: Thank you. I make a motion to approve agendas one, two, four, and five in the consent agenda. Jack Wall: Okay, thank you. It's there a second? 2 Donald H. Horsley: Second. Jack Wall: Okay. Dave Redmond: Mr. Chairman. Jack Wall: Yes? Dave Redmond: Mr. Chairman, I am going to vote in favor of those items on the consent agenda. However, should note that I have a letter on with the City Attorney's office. So I will specifically be abstaining on agenda items, number four and five, the two short-term rental applications. I have a client in the travel industry and I abstain from not just individual applications, but any sorts of ordinances that relate to that as well. Thank you. Jack Wall: Okay. Thank you. So we have a second. Do we have any other abstentions? Okay. The motion for approval is made by Mr. Alcaraz and seconded by Mr. Horsley. Madam Clerk: Thank you, Mr. Chairman. The vote is open. Barry Frankenfield: Let's see if I can do this. I've never done this before. I've never done it before. Madam Clerk: By recorded vote of 11 in favor and zero against agenda items one and two, are recommended for approval. By recorded vote of 10 in favor, zero against with an abstention by Mr. Redmond on agenda items four and five have been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 3 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 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 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection 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 5 management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/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. 6 c4,..„4„._.1. , 1..r.741,4 ,,,.: „ ;1 c.., t,,,s,..;:.. ,‘„:„, s:,:..:.:..,...., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE TO ADD TERMS RELATED TO ENERGY STORAGE FACILITIES. AN ORDINANCE TO ADD SECTION 225.02 TO THE CITY ZONING ORDINANCE TO ADD REQUIREMENTS TO ENERGY STORAGE FACILITIES. AN ORDINANCE TO AMEND SECTIONS 1001 OF THE CITY ZONING ORDINANCE TO INCLUDE ENERGY STORAGE FACILITY AS A USE PERMITTED WITH A CONDITIONAL USE PERMIT IN THE I-1 AND 1-2 DISTRICTS. (SPONSORED BY VICE-MAYOR WILSON) MEETING DATE: April 5, 2022 • Background: Economic Development has received unsolicited requests to place energy storage facilities within the city. Energy Storage Facilities are currently not permitted as the use is not defined within the Zoning Ordinance. With the various renewable energy projects within the city, energy storage facilities are necessary to achieve maximum performance of these facilities. This amendment is sponsored by Vice Mayor Wilson. The purpose of this ordinance to add energy storage facility as a Conditional Use in the I-1 District (Light Industrial) and in the 1-2 District (Heavy Industrial). Energy Storage Facility will be added to Section 111 of the Zoning Ordinance defined as "Energy storage equipment or technology that can absorb energy, store such energy for a period of time, and redeliver energy after it has been stored. This term includes battery storage facilities." • Considerations: This ordinance will add energy storage facilities as a use in the Zoning Ordinance and include applicable regulations and restrictions. The ordinance considers the risk of fire associated with a battery storage use by proposing a 100 foot setback from all property lines to protect surrounding properties from the risk of fire. The use is proposed with a Conditional Use Permit (CUP) in both districts, allowing City Council to require the most current and most appropriate, site specific fire prevention plans as part of the CUP in addition to the ordinance required 100 foot setback. Examples of current fire prevention measures recommended by Dominion Energy (one group proposing this use) include: City of Virginia Beach — Energy Storage Facilities Page 2 of 2 • 25 foot spacing or appropriate firewalls between groups of containers (less than 6MWh per group) • Battery management system (BMS) to monitor voltage, temperature, humidity, off-gassing, fire, ground fault, and DC surge • BMS will be able to safely shut down system prior to occurrence of thermal runaway events • Adequate facility signage on Hazardous Materials present in the vicinity • Fire detection system and system appropriate sensors and alarms • System-specific emergency response plan and adequate access/egress for first responders • Training for first responders on the potential hazards and risks As these proposed plans can vary, they will need to be submitted with any conditional use permit for review by staff (including the Fire Marshall's Office) to assure all safety measures will be met. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Dominion Energy Presentation Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: OW Applicant City of Virginia Beach Agenda Item gilik Planning Commission Public Hearing March 9, 2022 / Energy Storage Facilities0 1 ciniof Virginia Beach Request An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities. An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities. An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with a Conditional Use Permit in the I-1 and 1-2 Districts. Summary of Request This amendment is sponsored by Vice Mayor Wilson.The purpose of this ordinance to add energy storage facility as a Conditional Use in the I-1 District (Light Industrial) and in the 1-2 District (Heavy Industrial). Energy Storage Facility will be added to Section 111 of the Zoning Ordinance defined as "Energy storage equipment or technology that can absorb energy,store such energy for a period of time, and redeliver energy after it has been stored. This term includes battery storage facilities."Special Requirements will be added as follows: • Unsafe or abandoned facilities determined to be unsafe by the City Building Official shall be required to be repaired or be removed • Decommissioning plan will be required • A 100 foot setback will be required along all lot lines • Category VI landscape screening shall be required within the setback Economic Development has received unsolicited requests to place energy storage facilities within the city. Energy Storage Facilities are currently not permitted as the use is not defined within the Zoning Ordinance. With the various renewable energy projects within the city, energy storage facilities are necessary to achieve maximum performance of these facilities. Recommendation Staff recommends approval of this Ordinance as the battery storage facility use is necessary to support the offshore wind projects that will come into the City. City of Virginia Beach Agenda Item 1 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE TO ADD 3 TERMS RELATED TO ENERGY/BATTERY 4 STORAGE FACILITIES, TO ADD SECTION 5 225.02 FOR REQUIREMENTS FOR 6 ENERGY/BATTERY STORAGE FACILITIES 7 AND TO AMEND SECTION 1001 TO 8 INCLUDE ENERGY/BATTERY STORAGE 9 FACILITIES IN THE I-1 AND 1-2 ZONING 10 DISTRICTS 11 12 Sections Amended: §§ 111 and 1001 of the 13 City Zoning Ordinance 14 15 Section Added: § 225.02 of the City Zoning 16 Ordinance 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH,VIRGINIA: 23 24 That Sections 111 and 1001 of the City Zoning Ordinance are hereby amended 25 and Section 225.02 is hereby added and reordained to read as follows: 26 27 Sec. 111. Definitions. 28 29 For the purpose of this ordinance, words used in the present tense shall include 30 the future: words used in the singular number include the plural and the plural the 31 singular; the use of any gender shall be applicable to all genders; the word "shall" is 32 mandatory; the word "may" is permissive; the word "land" includes only the area 33 described as being above mean sea level; and the word "person"includes an individual, 34 a partnership,association,or corporation. 35 36 . . . . 37 38 Day-care center. Any facility, other than a family day-care home, operated for the 39 purpose of providing care, protection and guidance during a part of the twenty-four-hour 40 day to a group of: (1) children separated from their parents or guardians; (2) adults 41 sixty-two (62)years of age or older; or(3)persons under a disability during a part of the 42 twenty-four-hour day. 43 44 Decommissioning. The removal and proper disposal of equipment. facilities, or 45 devices on real property, including restoration of the real property upon which 46 equipment facilities, or devices are located. Restoration of the real property shall City of Virginia Beach Agenda Item 1 Page 2 Ordinance 47 include soil stabilization and reveqetation of the ground cover of the real property 48 disturbed by the installation of such equipment,facilities,or devices. 49 50 .... 51 52 Eleemosynary or philanthropic institution. A charitable or benevolent operation 53 qualifying for tax exemption under section 501 of the Internal Revenue Code of 1954, as 54 amended. 55 56 Energy storage facility. Energy storage equipment or technology that can absorb 57 energy, store such energy for a period of time, and redeliver energy after it has been 58 stored.This term includes battery storage facilities 59 60 .. .. 61 62 Sec.225.02.Battery storage facilities/energy storage facilities. 63 64 Laj Application. Each application for a conditional use permit for a battery storage 65 facility shall include the following general information: 66 67 Decommissioning Plan. As part of the project application,, the applicant 68 shall submit a decommissioning plan,which shall include the following: 69 70 a. The anticipated life of the project: 71 72 b. Contact information for the party responsible for site 73 decommissioning; 74 75 c. Timeline for, and written description of, decommissioning 76 procedures which shall include, but not limited to removal of any 77 above and below ground tanks cables, fencing. debris. buildings. 78 structures or equipment.to include foundations and pads,related to 79 the facility and restoration land and related disturbed areas to a 80 natural condition or other approved state. At time of approval: the 81 City Council may approve and condition a request by an applicant 82 to have certain items intended to be utilized to serve a permitted 83 use on the site to remain, provided site plan approval is obtained: 84 85 d. "Natural condition" shall be taken to mean the stabilization of soil to 86 a depth of three (3) feet and restoration of site vegetation and 87 topography to its pre-existing condition. provided that the exact 88 method and final site restoration plan shall be subject to site plan 89 review giving, among other things: consideration to impacts upon 90 future site use, environmental and adjacent property impacts. The 91 Director of Planning or their designee may approve a request by 92 the landowner for alternatives to site restoration to allow roads. City of Virginia Beach Agenda Item 1 Page 3 Ordinance 93 pads or other items which will serve a future permitted site use to 94 remain. Where applicable, if the Director of Planning or their 95 designee determines that a restoration plan significantly deviates 96 from the description and conditions approved by the City Council 97 such plan shall require amendment of the conditions by City 98 Council, 99 100 j2) Prefect Description. A narrative identifying the applicant, owner, and 101 operator. and describing the proposed battery storage facility,including an 102 overview of the project, its location, and maintenance plan for the project: 103 approximate rated capacity of the battery storage facility: a description of 104 ancillary facilities, if applicable;and analysis of the beneficial and adverse 105 impacts of the proposed project on natural and historic resource, prime 106 agricultural soils, or forest lands. 107 108 ) Site Plan. The site plan shall conform to the preparation and submittal 109 requirements of the City Site Plan Review process, including supplemental 110 plans and submissions. and shall include the following information: 111 112 a. Existing and proposed buildings and structures. including 113 preliminary location(s)of all proposed equipment. 114 115 b. Existing and proposed access roads, drives turnout locations and 116 parking; 117 118 c. Location of any substations, electrical cabling. ancillary equipment. 119 buildings, and structures (including those within any applicable 120 setbacks). 121 122 d. Fencing or other methods of ensuring public safety. 123 124 (b) Social requirements: 125 126 (1) When the owner or other responsible party decommissions a battery 127 storage facility, they shall handle and dispose of the equipment and other 128 project components in conformance with Federal. State. and local 129 requirements. 130 131 At such time that a battery storage facility is scheduled to be abandoned. 132 the owner or operator shall notify the City Manager or his/her designee. 133 -- ---_134 () Within 365 days of the date of abandonment. the owner or operator shall 135 complete the physical removal of the battery storage facility. 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In fuobele9 () LPL Ot7 L .seuil lop Ile buole pawlnbaJ aq Heys)laegles loot(001.)paipuny euo v () 6£1. a)ueu!pio Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De'partnient City Attorney s Office CA15700/R-3/February 21,2022 City of Virginia Beach Agenda Item 1 Page 6 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE TO ADD 3 TERMS RELATED TO ENERGY/BATTERY 4 STORAGE FACILITIES, TO ADD SECTION 5 225.02 FOR REQUIREMENTS FOR 6 ENERGY/BATTERY STORAGE FACILITIES 7 AND TO AMEND SECTION 1001 TO 8 INCLUDE ENERGY/BATTERY STORAGE 9 FACILITIES IN THE I-1 AND 1-2 ZONING 10 DISTRICTS 11 12 Sections Amended: §§ 111 and 1001 of the 13 City Zoning Ordinance 14 15 Section Added: § 225.02 of the City Zoning 16 Ordinance 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111 and 1001 of the City Zoning Ordinance are hereby amended 25 and Section 225.02 is hereby added and reordained to read as follows: 26 27 Sec. 111. Definitions. 28 29 For the purpose of this ordinance, words used in the present tense shall include 30 the future; words used in the singular number include the plural and the plural the 31 singular; the use of any gender shall be applicable to all genders; the word "shall" is 32 mandatory; the word "may" is permissive; the word "land" includes only the area 33 described as being above mean sea level; and the word "person" includes an individual, 34 a partnership, association, or corporation. 35 36 . . . . 37 38 Day-care center. Any facility, other than a family day-care home, operated for the 39 purpose of providing care, protection and guidance during a part of the twenty-four-hour 40 day to a group of: (1) children separated from their parents or guardians; (2) adults 41 sixty-two (62) years of age or older; or (3) persons under a disability during a part of the 42 twenty-four-hour day. 43 44 Decommissioning. The removal and proper disposal of equipment, facilities, or 45 devices on real property, including restoration of the real property upon which 46 equipment, facilities, or devices are located. Restoration of the real property shall 47 include soil stabilization, and revegetation of the ground cover of the real property 48 disturbed by the installation of such equipment, facilities, or devices. 49 50 . . . . 51 52 Eleemosynary or philanthropic institution. A charitable or benevolent operation 53 qualifying for tax exemption under section 501 of the Internal Revenue Code of 1954, as 54 amended. 55 56 Energy storage facility. Energy storage equipment or technology that can absorb 57 energy, store such energy for a period of time, and redeliver energy after it has been 58 stored. This term includes battery storage facilities 59 60 . . . . 61 62 Sec. 225.02. Battery storage facilities/energy storage facilities. 63 64 (a) Application. Each application for a conditional use permit for a battery storage 65 facility shall include the following general information: 66 67 a) Decommissioning Plan. As part of the project application, the applicant 68 shall submit a decommissioning plan, which shall include the following: 69 70 a. The anticipated life of the project; 71 72 b. Contact information for the party responsible for site 73 decommissioning; 74 75 c. Timeline for, and written description of, decommissioning 76 procedures which shall include, but not limited to, removal of any 77 above and below ground tanks, cables, fencing, debris, buildings. 78 structures or equipment, to include foundations and pads, related to 79 the facility and restoration land and related disturbed areas to a 80 natural condition or other approved state. At time of approval, the 81 City Council may approve and condition a request by an applicant 82 to have certain items intended to be utilized to serve a permitted 83 use on the site to remain, provided site plan approval is obtained; 84 85 d. "Natural condition" shall be taken to mean the stabilization of soil to 86 a depth of three (3) feet and restoration of site vegetation and 87 topography to its pre-existing conditions provided that the exact 88 method and final site restoration plan shall be subject to site plan 89 review giving, among other things, consideration to impacts upon 90 future site use, environmental and adjacent property impacts. The 91 Director of Planning or their designee may approve a request by 92 the landowner for alternatives to site restoration to allow roads, 93 pads or other items which will serve a future permitted site use to 94 remain. Where applicable, if the Director of Planning or their 95 designee determines that a restoration plan significantly deviates 96 from the description and conditions approved by the City Council 97 such plan shall require amendment of the conditions by City 98 Council. 99 100 ) Project Description. A narrative identifying the applicant, owner, and 101 operator, and describing the proposed battery storage facility, including an 102 overview of the project, its location, and maintenance plan for the project: 103 approximate rated capacity of the battery storage facility: a description of 104 ancillary facilities, if applicable: and analysis of the beneficial and adverse 105 impacts of the proposed project on natural and historic resource, prime 106 agricultural soils, or forest lands. 107 108 (3) Site Plan. The site plan shall conform to the preparation and submittal 109 requirements of the City Site Plan Review process, including supplemental 110 plans and submissions, and shall include the following information: 111 112 a. Existing and proposed buildings and structures, including 113 preliminary location(s) of all proposed equipment. 114 115 b. Existing and proposed access roads, drives, turnout locations. and 116 parking; 117 118 c. Location of any substations, electrical cabling, ancillary equipment. 119 buildings, and structures (including those within any applicable 120 setbacks). 121 122 d. Fencing or other methods of ensuring public safety. 123 124 (b) Special requirements. 125 126 (1) When the owner or other responsible party decommissions a battery 127 storage facility, they shall handle and dispose of the equipment and other 128 project components in conformance with Federal, State, and local 129 requirements. 130 131 (2) At such time that a battery storage facility is scheduled to be abandoned, 132 the owner or operator shall notify the City Manager or his/her designee. 133 134 (3) Within 365 days of the date of abandonment, the owner or operator shall 135 complete the physical removal of the battery storage facility. This period 136 may be extended at the request of the owner or operator, upon approval 137 of the City Council. 138 139 (4) A one hundred (100) foot setback shall be required along all lot lines. 140 141 ) Category VI landscape screening shall be required within the setback. No 142 other uses or structures shall be permitted in the setback. 143 144 (c) Factors relating to approval. Before issuing any conditional use permit for a 145 battery storage facility, the City Council shall give due consideration to the 146 following factors: among others: 147 148 a) The visual impact of the project, in conjunction with landscaping and 149 screening plans. 150 151 (2) Impacts to protected environmental features. 152 153 Bonding requirements. The City Council may require a bond or letter of credit in 154 an amount and with surety satisfactory to the department of planningl securing to 155 the city compliance with the conditions and limitations set forth in the conditional 156 use permit. 157 158 . . . . 159 160 Sec. 1001. Use regulations. 161 162 (a) Principal and conditional uses. The following chart lists those uses permitted within 163 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective 164 industrial districts shall be permitted as either principal uses indicated by a "P" or as 165 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 166 prohibited in the respective districts. No uses or structures other than as specified 167 shall be permitted. 168 Use 1-1 1-2 Battery Storage Facility/Energy Storage Facility, subject to the C C provisions of section 225.02(b). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /01-1) ) j ,, (14-6 ),..443r,. _.,------- Planning D partni nt City At-omey s Office CA15700/R-3/February 21, 2022 Virginia Beach Planning Commission March 9, 2022 Public Meeting Agenda Item #1 City of Virginia Beach An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities. An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities. An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with Conditional Use Permit in the I-1 and 1-2 Industrial Districts. RECOMMENDE FOR APPROVAL—CONSENT Jack Wall: Thank you, Madam Clerk. The next order of business is the consideration of requests to withdraw or defer an item. Please come forward if you have any items to be withdrawn. Okay. Seeing none, please come forward if you have any items to be deferred. Okay, all right. Thank you. The next order of this is the consent agenda and I'm going to turn that over to the vice chair to run that portion of the meeting. George Alcaraz: Thank you, Mr. Chair. Today we have four items on the consent agenda. These applications that are recommended for approval by staff and the Planning Commission have concurred and the... I'm sorry. And there are no speakers signed for in opposition at this time. Is that correct? Okay. Item number one, An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities, an Ordinance to add Sections 225.02 City Zoning Ordinance to add requirements to energy storage facilities, an Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permit with a conditional use permit in the I-1 and 1-2 Industrial Districts, and I'm asking the Zoning Administrator, please come forward and present this agenda. Hannah Sabo: Thank you. Yes, this amendment was sponsored by Vice Mayor Wilson. It does include three portions. The first portion is an amendment to Section 111 of the City's Zoning Ordinance to add the definitions of energy storage facility and decommissioning. The second portion is adding Section 225.02 to the Zoning Ordinance that would add the requirements to the energy storage facilities as a new use, including a hundred foot setback and landscaping requirements and decommissioning. And then the last portion is an Ordinance to amend Section 1001 of the Zoning Ordinance to include energy storage facilities as a use permitted in the 1-1 and 1-2 Industrial Districts, both with a conditional use permit. 1 George Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? All right. Hearing none, I'm going to go to consent agenda item number two, Baker Road Properties, LLC for I-1 Light Industrial District Conditional A-36 Apartment District. Is there a representative here to speak? Please state your name for the record. George Alcaraz: Thank you. Mr. Chair, that was the last item on the consent agenda. Consent agenda and the Commission places the following applications on the consent agenda, items one, two, four and five. Jack Wall: Okay. Thank you. Do I have a motion to approve by consent items one, two, four, and five? Madam Clerk: I'm sorry, Mr. Wall, who made that motion? John H. Coston: George made it. George Alcaraz: Yeah. I was going to make it. Jack Wall: Yes. Yeah, go ahead. George Alcaraz: Thank you. I make a motion to approve agendas one, two, four, and five in the consent agenda. Jack Wall: Okay, thank you. It's there a second? Donald H. Horsley: Second. Jack Wall: Okay. 2 Dave Redmond: Mr. Chairman. Jack Wall: Yes? Dave Redmond: Mr. Chairman, I am going to vote in favor of those items on the consent agenda. However, should note that I have a letter on with the City Attorney's office. So I will specifically be abstaining on agenda items, number four and five, the two short-term rental applications. I have a client in the travel industry and I abstain from not just individual applications, but any sorts of ordinances that relate to that as well. Thank you. Jack Wall: Okay. Thank you. So we have a second. Do we have any other abstentions? Okay. The motion for approval is made by Mr. Alcaraz and seconded by Mr. Horsley. Madam Clerk: Thank you, Mr. Chairman. The vote is open. Barry Frankenfield: Let's see if I can do this. I've never done this before. I've never done it before. Madam Clerk: By recorded vote of 11 in favor and zero against agenda items one and two, are recommended for approval. By recorded vote of 10 in favor, zero against with an abstention by Mr. Redmond on agenda items four and five have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 •,,,,,*, 7ge •'' • :41 • 7 - ...r- . - Li-ion limipppp, 0 . eiit .4, .... %i, 1 7 1r _ $, • c,kuli Q 4, ..,.'” - AAP, 'vet iso Energy Storage in Virginia ..%. Dominion .0 .0f Energy® Battery Storage Development and Permitting Considerations July 2021 Executive Py Dominion Energy Storage Provides Local Benefits when Properly Sited and Permitted Energy ❑ Need for Energy Storage in Virginia ❑ Virginia Clean Economy Act ❑ Grid Reliability ❑ Overview of Battery Storage and Lithium-Ion Projects Cl Battery Energy Storage Risks Can be Mitigated by Permitting, Design, and Training ❑ Considerations for Localities ❑ Safety and Permitting ❑ Revenue Share /Tax Benefits / Siting Agreement 2 11 Energy Storage in Virginia ra Dominion VA Clean EconomyAct: Significant Changes to our Grid Expected Energy 9 9 p ❑ VCEA to accelerate renewable energy growth in Virginia VIRGINIA • Establishes a mandatory Renewable Portfolio Standard (RPS) that provides a framework for 100% zero-carbon generation by the end of 2045 with critical CLEAN customer protections for reliability • 75%of RECs must come from Virginia facilities starting in 2025 ECONOMY ❑ Includes the following requirements of Dominion Energy Virginia: ACT OF 2020 • Solar/Onshore Wind: 16.1 GW including 1.1 GW of small scale (not to exceed 3MW) (-65%utility-owned, 35%power purchase agreements). We must petition the VA It's time to be ambitious. State Corporation Commission for at least: Comparison of State Energy Storage Policies • 3,000 MW by end of 2024 • 6,000 MW by end of 2027 (cumulative value) • Seven US states have policies that California 1.825 MW by 2020(Requirement) • 10,000 MW by end of 2030 (cumulative value) emphasize the role that energy Nevada 1.000 MW by 2030(Requirement) • 16,100 MW by end of 2035 (cumulative value) Massachusetts 1.000 MWh by 2025(Requirement) storage will play in their future energy system New Jersey 2.000 MW by 2030(Goal) • Offshore Wind: 5.2 GW utility-owned/purchased, including New York 3.000MWby2030(Requirement) Virginia currently has the largest, up to 3 GW by 2028 Oregon Minimum 5 MWh.up to 1` peak load by 2020 I energy storage procurement • Energy Storage:2.7 GW including potential for 800 MW (Requirement) mandate in the US I pumped storage;at least 35%from third-party agreements Virginia 3,100MWby2035(Requiremenq Source:Energy Storage Association 3 1 EnergyStoragein Virginia ;► Dominic ri/r Energy Dominion Energy Proposed Interim Energy Storage Goals ,' Key Themes: Proposed VCEA Interim Energy Storage Targets for Dominion Energy Virginia (Company Owned + PPAs) > Gradual ramp up of 3,000 storage over next 15 years 2,700 MW 2,500 Deployment is weighted toward the back half of 2,000 15-year period,when more renewables are connected to our grid 1,500 1,200 MW causing the need for more storage tow Allows for continued evolution of technology, 500 250 MW cost reductions, and incorporation of lessonsV p 0 learned 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 4 Energy Storage Overview Dominion Energy IIIEnergy Storage System Uses Energy . , Power Quality/ Imbalance/ Daily Peak Load Bulk Energy Frequency Congestion Management Shifting L 1 G'dL' + Pumped Hydro/ c N Compressed Air " g Energy Storage . !•',1' :.... ._ -...�...,..,_;"^••ri. ' . ..:447=. 1 Flow fr x;• '' 3 '' 'I d Batteries/ -.44 N. $" t, E 1 MI ' Sodium + 1 E Sulfur 'c Ice/chilled0. L L Flywheels water it 4, Example Facility- Fluence Cube(6th Gen) 1n ium Ion 1 kV' Lead Acid 0.1 1 8 15 ' Discharge Duration(Hours) U Energy storage systems allow energy to be captured and used in various methods to provide enhanced grid reliability and resiliency U Increased renewable generation creates the need to store excess renewable energy produced for use at a later time U Lithium-ion is most prevalent technology being deployed in the field currently based on cost and performance Dominion Energy Virginia's power grid will need the installation of energy storage systems to manage increased renewable generation output over the next 15 years 5 .. a Overview of BatteryStorage Systems %0- Dominion /� Energy What is a Battery Energy Storage System (BESS)? /'''r Battery Energy Storage System (BESS) Main Components Example Facility— Fluence Cube(6th Gen) Low v oltage and 400 4rT>=R� Power Control Electronics medium v dtage , c components r .---.1- i: . '4**4.4.-,-* 4011111111111.4 WITTY +i tIw: CURE NODE CORE ARRAY '+,�KS iit / Fire detection Single physical Cube or string of Collection or Node% Collection of Co,. nntairxt cubes connected to connected to a connected to an ,"~•• -,' system a DC bus transformer mtercmmnection „1/ 4.11.-';""'''''''''."..."-"-. ' BATTER' p l a r MODULES . 4 %,.� - •ft *I•f„ 1 Intelligence 1 --� 'r li o Array Controls& Transformer EaTTE r .� '�1 AI r!� Apoiicatlon Sotware • . 'I H • CABINET if' `E ell - Connection ,,,,��. Battery catmets anti 1 Electrical&Other iirO • oattery rnanagernert system C Ba ance o`Plant 0 rr 0 Batteries,BMS, Leaf Controller,Aux Panel, Source:Fluence Energy Safety Components. Cooling.Etc Li-Ion BESS are designed as modular groupings of containers Power that can accommodate varying MW / MWh ratios Telco Equipment Conversion .... " �' 6 BatteryStorage System Fire Protection0'0, Dominion Energy BESS Spatial Separation Example /'''� IReference layout for 50 MW /200 MWh BESS BESS layouts are designed with safety and maintenance needs as top priorities I. r( $ 1 11fMTm+t-i7.�1 IhhC—''y�711 IIF;2--�yyl FF�t-+tt}h'�iy1l FFt�,''}.yy1l �� �1J 0 mm- — e��rc.�anP.r�lrvi 1 $ 1 $ $ $ $ $ ee ❑ Adequate spacing and/or firewalls to limit IT.TRIWNMS,CPWER,T, propagation of fire between containers UQ Q U U _ - I _ ❑ Adequate access/egress for first responders and zl maintenance personnel - ooaa000ao r __, _ ❑ Containers designed for ease of access to swap •• ea •• •• •• •• •• •• ::::1 parts without entry into container ❑ Containers can be easily removed in the event 0 ;; ;; ;; of failure :: :: :: :: 7 BatteryStora e Systems Dominion Energy Overview for localities and mitigation approaches FIRE SAFETY BATTERY =i tr; •• & VISIBILITY TRAINING MANAGEMENT LAND USE ❑Operate batteries within safe CI Cell / Module /Unit level ❑Battery storage containers limits and monitor cells to battery testing (UL9540A 4th typically less than 15 feet in reduce the risk of fire events edition) to be performed height ❑Significant separation (-25 ❑Battery cells in containers ❑50MW/200MWh project feet) between containers during operation expected to occupy less than reduces the risk of a 6 acres compound fire event CI Operational monitoring to be conducted on a 24x7 basis ❑Standard setbacks for ❑Training will be provided to generation and transmission first responders on proper ❑Proper offsite disposal of equipment will be utilized response protocols battery cells when damaged, failed, or at end of useful life/ ❑Manual flooding capability in site decommissioning lieu of automatic fire suppression 8 Storage System Permitting '� Dominion OP Energy Local Permitting Considerations for Energy Storage1111 Primary Require energy storage projects to be developed, designed and constructed in such a manner as to Concern purposefully limit opportunities for fire, explosion, or other safety and environmental hazards System Design • Allow flexibilityforvarious types of installations so long as theyadhere to state and nationalcodes and standards ■ Battery racks installed according to NFPA 855 standards to facilitate isolation of failed batteries Site Plan/Visibility ■ Minimum of 100-foot setbacks from residential or site boundaries;appropriate vegetative buffers ■ Recommended 25-foot spacing or appropriate firewalls between groups of containers(less than 6 MWh per group) Safe Operation ■ Battery management system (BMS) to monitor voltage,temperature, humidity,off-gassing,fire,ground fault,and DC surge ■ BMS will be able to safely shut down system prior to occurrence of thermal runaway events Safety Disclosures • Adequate facilitysignage(chemistryand contact person)and accessible Safety Data Sheets ■ Adequate facilitysignage on Hazardous Materials present in the vicinity Emergency Detection • Fire detection system and no utilization of automatic fire suppression ■ System appropriate sensors and alarms Emergency Response ■ System-specific emergency response plan and adequate access/egress for first responders ■ Training for first responders on the potential hazards and risks Water Management • Stormwater management plan requirements ■ BESS enclosure or cabinet will provide a secondary layer of physical containment Decommissioning • Require site restoration at end of useful life and decommissioning ■ Consider appropriate level of decommissioning reserves supported byescrow or balance sheet 9 Dominio Policy Changes I Solar / Storage Projects Energy Taxing Solar / Storage Projects "SolTax" • Virginia lawmakers approved changes to how solar and storage • The University of Virginia and DMME have developed a tool projects are taxed;choice of property tax(M&T with pollution called "SolTax" to help localities determine the optimal choice control tax exemptions) or energy tax (revenue share) for obtaining tax revenue. Model to be updated to reflect • Recent 2021 legislation has been passed that increases the legislative changes. maximum amount of revenue share by 10 percent every 5 years starting July 1, 2026. Property Tax Energy Tax First five years: 80%exempt Up to $1,400 per MW of . ----(\ Second five years:70%exempt capacity installed per project. IRemainder: 60%exempt �,—............. Facility impacts composite index 1 00%exempt from property ram,y xt `►+.,. � ,.k formula. tax; does not impact � .. �--- ,; composite index. _ -' "t"" ��,�,�� Depreciation of asset will impact Depreciation of asset will not tax revenue. impact tax revenue = more .0. , predictability of expected tax f• revenue over the life of the ,� asset. 10 Dominion IF Solar / Storage Policy Changes Energy Siting Agreements for Solar / Storage Projects .� • Recent legislation permits local governments and project ,- , developers to negotiate business terms and conditions = :-'-, for approval of solar and storage projects. `� `"` _...lr • Must be reasonably related to the project but may . �t5 include dedications of real property and funding for - - `N :.._-== ''� �' important local capital projects: ""? • — * Items in the locality's capital improvement plan, , . ,:-. ! s , • Funds for deployment of broadband. ,, i. Other Key Points • Approval automatically deems solar/ storage projects in — 1l ! !I!/ Jib"`; , '.`, substantial accord with the comprehensive plan. 0 Developer still files land use applications regardless ofI TM whether an agreement is reached. j4> • Siting agreement may supersede provisions of the zoning ordinance if agreement is reached. 1,111111111111111111111111111111 11 Dominion Energy Storage Dominion Or EnergyKey Contacts Vii.' r.. - 11.11111f4' lir' 111."1"fr.1 *1"*"0 V* 1011111P-. -'----4 '''.0-- "*.,,,,,,,4000„ ,.... file r r r r t /100110+ t it. John Larson, Director Public Policy& Economic Development Bonita Harris, Regional Policy Director iohn.larson@dominionenergy.com bonita.b.harris@dominionenergy.com 804-921-1762 757-359-0196 Ricky Elder, Manager - Business Development,Energy Storage Chris Rees,Business Development Manager, Energy Storage Rt.t.elder@dominionenergy.com Christopher.j.rees@dominionenergy.com 804-339-1270 804-219-8494 12 L. APPOINTMENTS 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD 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=ee67a2f497eeaaf43 d 1051 de9f064cccd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 5, 2022. li CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/15/2022 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A D N C 0 M 0 0 L O C N Y L 0 N 0 U W S T H C E EME S S E O E I H R Y B S S E R N N CITY COUNCIL'S BRIEFINGS I A. GENERAL ASSEMBLY LEGISLATIVE Debra M.Bryan, UPDATE Legislative Affairs Liaison B. URBAN RENEWAL CENTER IMPACT RESCHEDULED YOUTH SUMMER CAMP C. CITY OF VIRGINIA BEACH FISCAL Kevin Chatellier, RELIEF INITIATIVES Director—Budget& Management Services (Requested by Mayor Dyer and Vice Mayor Wilson) II. CITY MANAGER'S BRIEFING A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. LITTLE ISLAND PARK—FISHING ON THE Michael Kirschman, BEACH Director—Parks and Recreation III CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y ' Y Y Y Y Y Y Y VI. A-E F. MINUTES A A 1. INFORMAL and FORMAL SESSIONS APPROVED 9-0 Y Y Y Y B YYYY B Y March 1,2022 S S T T A A I I N N E E D D G. MAYOR'S PRESENTATIONS 60th ANNIVERSARY AWARDS 1. James P.Sadler (Sandra Sadler Baylor will be accepting in honor of James P.Sadler) Pete Smith 2. RESOLUTION IN RECOGNITION Julie Shiflet 3. CROWNING OF MIA-ALANA CAALIM National Elite Miss Teen Virginia CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/15/2022 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T 1 O C A D N C 0 MO 0 L O C N Y L ON 0 U W S T H C E EME S S E 0 E I H R Y B S S ER N N H. PUBLIC COMMENT 1. PEMBROKE MALL REDEVELOPMENT 1 Speaker (Requested by Council Member Moss) I. PUBLIC HEARINGS 1. AMENDMENT TO THE ATLANTIC 1 Speaker PARK COMMUNITY DEVELOPMENT AUTHORITY ORDINANCE(Adopted September 7,2021) CAFE FRANCHISE AGREEMENTS 1 Speaker a. Ocean Fifteen,Inc.,t/a Mediterranean Grill Cafe re sidewalk(Atlantic to Pacific)café b. Virginia George Co.,Inc.,t/a Dough Boys Café re sidewalk(Atlantic to Pacific)café c. Beach Convenience, LLC,t/a The Sweet Spot Café re sidewalk(Atlantic to Pacific)café d. Young Veterans,LLC,t/a The Bunker Brewpub Café re sidewalk(Atlantic to Pacific)café e. Mahi Mah's,LLC,t/a Mahi's Café re boardwalk café f. 3107 Atlantic, LLC, t/a North Beach Bar and Pizza Café re boardwalk café g. Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café re boardwalk café h. Osprov Respublik, Inc., t/a Johnny Mananas Café re boardwalk café i. ARNAV 138 Hotel, LLC,t/a Barclay Towers Café re boardwalk café J. Atlantic Sands, Inc., da Calypso Café re boardwalk café k. Atlantic Enterprises, Inc., Ca Oceanfront Inn Café re boardwalk café 1 Four Sails Timeshare Owners Association,Inc., t/a Katie's at 33rd Street re boardwalk café m. La Herradura 4, LLC, Ca La Herradura re sidewalk(Atlantic to Pacific)café n. Ahata,Inc.,t/a Pier 23 Café re sidewalk(Atlantic to Pacific)café o. Virginia George Co.,Inc.,Ca Dough Boys Café re sidewalk(Atlantic to Pacific)café P. Tampico Enterprises,Inc.,Ca Abbey Road Café re sidewalk(Atlantic to Pacific)café q• Luna Sea, Inc.,t/a Luna Sea Café re sidewalk (Atlantic to Pacific)café CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/15/2022 PAGE: 3 B 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 OMO 0 L O C N Y L O N O 1 U W S T H C E EME S S EOE I H R Y B S S E R N N K.1. Ordinances/Resolution re Taxpayer Relief: a. REQUESTED BY COUNCIL MEMBER MOSS 1. Ordinance to AMEND the Calendar Year 2022 WITHDRAWN,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Tax Levy on Personal Property and Machinery COUNCIL MEMBER and Tools re "Taxpayer Dividend" and to MOSS provide revenue offsets(Deferred from March 1, 2022) Council Member Moss Requests Withdrawal b. STAFF RECOMMENDATION 1. Resolution to CONCUR with Personal ADOPTED 11-0 Y Y Y Y Y YYY Y Y Y Property Assessment Methodology for vehicles in Calendar Year 2022 Proposed by the Commissioner of the Revenue 2. Ordinance to AMEND Calendar Year 2022 Tax ADOPTED 11-0 Y Y Y Y Y YYY Y Y Y Levy on Personal Property and Machines and Tools K.2. Ordinances to AMEND the Calendar Year 2022 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Tax Levy on Personal Property and Machine CONSENT and Tools and to provide Revenue Offsets (Requested by Council Member Rouse)re: a. Tangible Personal Property of a Business that qualifies for Business License Incentive Program for New Businesses b. Motor Vehicle owned and used primarily by or for someone at least sixty-five years of age or anyone found to be permanently and totally disabled K.3. Resolution to REFER to Planning Commission ADOPTED 11-0 Y Y Y Y Y Y Y YYY Y an Ordinance to ADD Section 209.5,DELETE Section 242.1 and AMEND Section 901 of the City Zoning Ordinance(CZO)re tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District(Requested by Vice Mayor Wilson and Council Member Berlucchi) K.4. Resolution to REVISE Membership of the 5/31 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Memorial Committee (Requested by Council CONSENT Members Berlucchi and Wooten) K.5. Resolution to CREATE a Permanent DENIED 2-9 NNNNNNNYNN Y Memorial for DeShayla Harris (Requested by Council Member Wooten) K.6. Resolution to CREATE a Memorial for MOTION FAILED, Victims of Gun Violence(Requested by Council DUE TO LACK OF Member Wooten) A SECOND CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/15/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A D N C O M O O L O C N Y L ONOUWS T HCEEME S S E O E IHR Y B S S ER N N K.7. Ordinance to GRANT seventeen(17)Franchise ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYY Y Agreements re outdoor café in the Resort Area: CONSENT a. Ocean Fifteen,Inc.,t%a Mediterranean Grill Café re sidewalk(Atlantic to Pacific)café at 1508 Atlantic Avenue b. Virginia George Co.,Inc.,t/a Dough Boys Café re sidewalk(Atlantic to Pacific)café at 1700 Atlantic Avenue c. Beach Convenience,LLC,t/a The Sweet Spot Café re sidewalk(Atlantic to Pacific)café at 1718 Atlantic Avenue d. Young Veterans,LLC,t/a The Bunker Brewpub re sidewalk(Atlantic to Pacific) cafe Cafe at 211 2151 Street e. ARNAV 138 Hotel,LLC,t/a Barclay Towers Café re boardwalk café at 809 Atlantic Avenue f. La Herradura 4,LLC,t/a La Herradura Café re sidewalk(Atlantic to Pacific)café at 2006 Atlantic Avenue g. Mahi Mah's,LLC,t/a Mahi's Café re boardwalk café at 615 Atlantic Avenue h. 3107 Atlantic,LLC,t/a North Beach Bar and Pizza Café re boardwalk café at 3107 Atlantic Avenue i. Osprov Respublik,Inc.,t/a Oceanhouse Waterfront Café re boardwalk café at 1905 Atlantic Avenue j. Osprov Respublik,Inc.,t/a Johnny Mananas Café re boardwalk café at 2207 Atlantic Avenue k. Atlantic Sands,Inc.,t/a Calypso Café re boardwalk café at 1101 Atlantic Avenue 1. Atlantic Enterprises,Inc.,t/a Oceanfront Inn Café re boardwalk café at 2901 Atlantic Avenue m. Four Sails Timeshare Owners Association, Inc.,t/a Katie's at 33`d Street re boardwalk café at 3301 Atlantic Avenue n. Ahata,Inc.,t/a Pier 23 Café re sidewalk (Atlantic to Pacific)café at 2224 Atlantic Avenue o. Virginia George Co.,Inc.,t/a Dough Boys Café re sidewalk(Atlantic to Pacific)café at 3224 Atlantic Avenue p. Tampico Enterprises,Inc.,ta Abbey Road Café re sidewalk(Atlantic to Pacific)café at 203 22' Street q. Luna Sea,Inc.,t/a Luna Sea Café re sidewalk (Atlantic to Pacific)cafe at 206 22°d Street K.8. Ordinance to AMEND and REORDAIN ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Section 10-1 of the City Code re Changing CONSENT Name of Polling Place from Landstown Community Church to Restoration Church at Landstown CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/15/2022 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUWS T H CEEME S S EOE I H R YBS S ERNN K.9. Ordinance to APPROVE the assignment of the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Franchise re operation and maintenance of the CONSENT Virginia Beach Fishing Pier to VB Fishing Pier, LLC K.10. Resolution to AUTHORIZE the City Manager ADOPTED,BY 10-1 Y Y Y Y Y Y N Y Y Y Y and City Clerk to place an Advertisement re CONSENT various Permit and Inspection Fee increases as part of the FY 2022-23 Budget Process K.11. Ordinances to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYY Y encroachments into a portion of City-Owned CONSENT Property: Known as Bass Inlet located at the rear of 2909 Sandpiper Road re construct and maintain a wooden pier and boat lift District 2(Formerly District 7-Princess Anne) Known as Treasure Canal located at the rear of 2209 Leeward Shore Drive re construct and maintain boat lift, timber pier and rip rap revetment District 8 (Formerly District 5 - Lynnhaven) K.12. Ordinance to EXTEND the Sunset Date to April ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y ▪ Y Y 5,2023,re residential parking in the Historic CONSENT Cavalier Shores Neighborhood K.13. Ordinance to ACCEPT $15,604 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y YY • Y Y Virginia Aquarium Foundation and CONSENT APPROPRIATE to Capital Project #100463, "Virginia Renewal and Replacement III," re refurbish the Ray Touch Pool Exhibit L.1. 1252 JENSEN, LLC for a Conditional Use APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y • Y Y Permit re bulk storage yard&Modification of CONDITIONED/ Proffers at 1252 Jensen Drive and a portion of MODIFIED 1228 Jensen Drive District 6(Formerly District 6 -Beach) L.2. WHITNEY TRIPLIN-PASS/JAMES PASS APPROVED/ 11-0 Y Y Y Y Y Y Y YYY Y & WHITNEY TRIPLIN-PASS for a CONDITIONED,BY Conditional Use Permit re family day-care at CONSENT 952 Timberlake Drive District 1 (Formerly District 2-Kempsville) 1..3. N3 PROPERTY ADVISORS / VIRGINIA APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BEACH INVESTMENT COMPANY, LLC CONDITIONED,BY for a Conditional Use Permit re automobile CONSENT repair garage at 6213 Indian River Road District 1 (Formerly District 1-Centerville) 1.4. NMP-C4 FAIRFIELD S/C, LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re mini-warehouse at CONDITIONED,BY 5312 Fairfield Shopping Center District 3 CONSENT (Formerly District 2-Kempsville) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/15/2022 PAGE: 6 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 DNC O M O O L O C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ERNN L.5. DANIELLE GOOD&CYNTHIA SCHOTT/ APPROVED/ 11-0 Y Y Y Y Y YYYYY Y BYLER LAKES, LLC for a Conditional Use CONDITIONED,BY Permit re tattoo parlor at 522 South CONSENT Independence Boulevard District 3 (Formerly District 3-Rose Hall) L.6. ALLIENA WESTLEIGH / ALVIN & APPROVED/ 11-0 Y Y Y Y Y YYYYY Y CYNTHIA ALLIE-WESTLEIGH for a CONDITIONED,AS Conditional Use Permit re residential kennel at AMENDED 4512 Whitechapel Court District 9 (Formerly District 4-Bayside) L.7. TAN DANG / REGENCY HILLTOP APPROVED/ 11-0 Y Y Y Y Y Y Y YYY Y ASSOCIATES for a Conditional Use Permit re CONDITIONED,BY tattoo parlor at 1940 Laskin Road, Suite 311 CONSENT District 6(Formerly District 6-Beach) L.8. C AND C DEVELOPMENT COMPANY, APPROVED/ 11-0 Y Y Y Y Y YYYYY Y INC.for a Conditional Use Permit re short term CONDITIONED,BY rentals at 501 22nd Street,Units A&B District 6 CONSENT (Formerly District 6-Beach) L.9. CYNTHIA LAENGER for a Conditional Use APPROVED/ 11-0 Y Y Y Y Y YYYYY Y Permit re short term rental at 2113 Atlantic CONDITIONED,BY Avenue,Unit 6C District 6(Formerly District 6- CONSENT Beach) M. APPOINTMENTS RESCHEDULED B Y C ON SENS U S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/15/2022 PAGE: 7 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H O W W U R E L J R T 1 0 C A D N C 0 M O O L 0 C N Y L ONOUWS T H C EEME S S EOE I H R YBS S ERNN RESORT ADVISORY COMMISSION APPOINTED: 11-0 Y Y Y Y Y Y N Y Y Y Y DELCENO MILES- REPRESENTING VIRGINIA BEACH CHAMBER OF COMMERCE DEEPAK NACHNANI ROBERT MELATTI DAMEN WATSON 3 YEAR TERM 3/15/2022-2/28/2025 N. UNFINISHED BUSINESS M. NEW BUSINESS O. ADJOURNMENT 9:10 p.m.