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Home My WebLink About4-19-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GI141`-BEA MAYOR ROBERT M. "BOBBY"DYER,At Large a�4,�ea�' "4. VICE MAYOR ROSEMARY WILSON,At Large MICHAEL F.BERL UCCHI,Rose Hall—District 3 � j � . LINWOOD O.BRANCH,Lynnhaven—District 5 V�� ,`;: i ra BARBARA M.HENLEY,Princess Anne—District 7 " '< .. N.D. "ROCKY"HOLCOMB,Kempsville—District 2 se , LOUIS R.JONES,Bayside—District 4 '+ JOHND.MOSS,At Large fJ OR.OUR MiS`ON' AARONR.ROUSE,At Large GUYK TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA BUILDING 3(FORMERLY BUILDING 1) CITY MANAGER-PATRICKA.DUHANEY 2403 COURTHOUSE DRIVE CITYATTORNEY—MARKD.STILES VIRGINL4 BEACH, VIRGINL4 23456-9005 CITY ASSESSOR—RONALD D.AGNOR PHONE:(757)385-4303 CITY AUDITOR—LYNDON S.REMIAS April 19,2022 FAX(757)385-5669 CITY CLERK—AMANDA BARNES E-MAIL:CITYCOUNCIL@vbgov.com MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. HYBRID STEP-OPEN RANGE PAY OPTION Regina Hilliard, Director—Human Resources B. FY2022-23 RESOURCE MANAGEMENT PLAN (BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM (CIP) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS 1:30 PM Dr. Aaron Spence, Superintendent 2. AGRICULTURE 2:00 PM David Trimmer, Director 3. AQUARIUM 2:15 PM Cynthia Whitbred-Spanoulis, Director 4. HUMAN SERVICES 2:30 PM Aileen Smith, Director 5. CONVENTION&VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE 2:45 PM Nancy Helman, Director Lisa Bleakley, Resort Administrator 6. ECONOMIC DEVELOPMENT OPERATING AND CIP 3:00 PM Kathy Warren, Deputy Director Emily Archer, Project Development Manager II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Mario Melendez, Episcopal Chaplain Church of the Holy Apostles 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 April 5, 2022 2. SPECIAL SESSION April 12, 2022 G. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS Dorothy"Dot"L. Wood Floyd Waterfield, Jr. 2. AUTISM AWARENESS MONTH RESOLUTION Tyler Williamson, Executive Director—Families of Autistic Children of Tidewater(FACT) Alfred Howard, LCSW—Autism Society of Tidewater 3. FAIR HOUSING MONTH PROCLAMATION Ruth D. Hill, Director—Housing and Neighborhood Preservation H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY 25.6 +/- acres located off Landstown Road adjacent to the Virginia Beach National Golf Course 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY 20,000 +/- sq. ft. located at 217 Sandbridge Road 23,000+/- sq. ft. located at 2548 Sandfiddler Road 27,000+/- sq. ft. portion of sandy beach 3. ELECTION POLLING PRECINCT LOCATION CHANGE FOR JUNE ELECTION Central Absentee Precinct to 577 Central Drive I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 25.6+/- acres of City- Owned property located off Landstown Road for up to five (5) years with Dawley Family Farms, LLC 2. Ordinance to DECLARE easements under the sandy beach and continue to the northern parking lot at the Sandbridge Market in EXCESS of the City's needs and AUTHORIZE the sale of the easements to Globalinx Data Center, LLC re offshore data cable landing site 3. Ordinance to DECLARE the properties located at 108 Lavergne Lane, 108 Air Station Drive and 112 Air Station Drive to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners 4. Ordinances to AMEND City Code Sections: a. 10-1 re relocate the Central Absentee Precinct for the June 2022 Primary Election to 577 Central Drive and to ADD Section 10-1.2 re office location of Voter Registrar [In-person absentee voting to continue at the Municipal Center location,but mailing and processing of ballots to occur at 577 Central Drive] b. 21-351, 21-352, 21-353, and 21-354 re residential parking permits c. 6-30 re fishing on beach during resort season at Little Island Park 5. Ordinances to APPROVE and ADOPT a City Council Revised Policy: a. re speakers at City Council Meetings (Requested by Mayor Dyer,Vice Mayor Wilson, Council Members Berlucchi,Branch,Henley,Holcomb,Jones,Moss,Rouse and Tower) b. re Council Member Sponsored Forums and Events (Requested by Council Member Berlucchi) Deferred from April 5, 2022 6. Resolution DESIGNATING May as Mental Health Awareness Month(Requested by Council Member Berlucchi) 7. Resolution re the City of Virginia Beach Community Criminal Justice Board 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5) years with the Development Authority for property located at 2656 Lishelle Place 9. Resolutions to APPROVE a term sheet re redevelopment of Pembroke Mall, REQUEST approval by the Development Authority and AUTHORIZE the development of definitive project documents 10. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agriculture Reserve Program Easements 11. Ordinance to EXTEND the date for satisfying the conditions re closing one-half of an unimproved portion of Holly Road adjacent to 401 49th Street 12. Resolution to APPOINT Lauren Hopkins to the position of Deputy City Clerk II, effective April 14, 2022 13. Resolutions to REQUEST the Virginia Department of Transportation(VDOT)ACCEPT: a. additional streets for Urban Maintenance Payments b. corrections to the road inventory for Urban Maintenance Payments 14. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Virginia Beach Fire Foundation re Child Passenger Safety(CPS)training programs,public education,and child safety seat check-up events 15. Ordinance to APPROPRIATE $550,000 from Parking Enterprise Fund Balance to FY2021-22 Economic Development Operating Budget re Pilot Project for Micro-transit Services in the Resort Area 16. Ordinances to ACCEPT and APPROPRIATE: a. $8,868 donation from the Virginia Beach Library Foundation to FY2021-22 Libraries Operating Budget re purchase equipment for the Edgar T. Brown Local History Archive b. Surplus Funding from the Virginia Department of Transportation (VDOT) re Capital Project#100529"Elbow Road Extended Phase II-B"and TRANSFER local funding to roadways projects within the FY 2021-22 from Capital Improvement Program 17. Ordinances to TRANSFER: a. $130,000 to the Office of Emergency Management's FY2021-22 Operating Budget re personnel expenses b. $233,843 to Department of Emergency and Communications and Citizens Services re replacement computers K. PLANNING 1. NORTH INDEPENDENCE STORAGE, LLC / WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9 (formerly District 4 —Bayside) Deferred from April 5, 2022 RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION AUDIT COMMITEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL 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 WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 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 TCheliusgvbgov.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=ec 1310b9efa9274a4199cfc8a0a0426b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 19, 2022 I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. HYBRID STEP-OPEN RANGE PAY OPTION Regina Hilliard, Director—Human Resources B. FY2022-23 RESOURCE MANAGEMENT PLAN (BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM (CIP) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS 1:30 PM Dr. Aaron Spence, Superintendent 2. AGRICULTURE 2:00 PM David Trimmer, Director 3. AQUARIUM 2:15 PM Cynthia Whitbred-Spanoulis, Director 4. HUMAN SERVICES 2:30 PM Aileen Smith, Director 5. CONVENTION &VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE 2:45 PM Nancy Helman, Director Lisa Bleakley, Resort Administrator 6. ECONOMIC DEVELOPMENT OPERATING AND CIP 3:00 PM Kathy Warren, Deputy Director Emily Archer, Project Development Manager II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Mario Melendez, Episcopal Chaplain Church of the Holy Apostles 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 April 5, 2022 2. SPECIAL SESSION April 12, 2022 G. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS Dorothy"Dot" L. Wood Floyd Waterfield, Jr. 2. AUTISM AWARENESS MONTH RESOLUTION Tyler Williamson, Executive Director—Families of Autistic Children of Tidewater(FACT) Alfred Howard, LCSW—Autism Society of Tidewater 3. FAIR HOUSING MONTH PROCLAMATION Ruth D. Hill, Director—Housing and Neighborhood Preservation . 4v ��►Bic mil(' * Imo` Zoetu • - o OUR PoAi,046 rothinatton Whereas: Dot Wood who has contributed to the Virginia Beach community,as a highly active and passionate servant leader,through her hard work,unwavering support,and tireless efforts to elevate the profile of the City of Virginia Beach and to enhance the quality of fife for residents;and Whereas Dot Wood has given of her time to help cultivate'Virginia Beach as chairs of the Virginia Beach Planning Commission,the Virginia Beach PerformingAr•ts Theater TaskTorce and the Virginia Beach Development Authority,vice chair of the Virginia Beach PerfonningArts Center(Foundation aruf past president of Virginia Beach Rotary Club;and Whereas:as: Dot Woodwas nameda(First Citizen of Virginia Beach in 2000, but her contributions reached beyond our city—serving as a board member on the Chesapeake Bay Preservation Area, the Commonwealth of Virginia Strategic Planning for Economic Development, the Commonwealth of Virginia Small-Business Advisory, the Commonwealth of Virginia Department of Business Assistance Women's Business TaskTorce,and the Jfampton Roads Economic Development AQiance;and Whet= Our city has benefited from the efforts of(Dot Wood,who is counted among those who helped pioneer the Virginia Beach Office of Volunteer Resources,Virginia Beach 3£eals on Wheels,(Fie Sandler Center,and other community endeavors that make the city a unique place to five,workand play;and Wismar (The community has been blessed by the wisdom and passionate advocacy of Dot Wood as she has fostered relationships with the residents of Virginia Beach and within the Jfampton Reads area;and Whereasr By exemplifying the model of citizenship and service in the City of Virginia Beach, Dot Wood has empowered other citizens to contribute their skills and talents to the community;and 'bt s: `Wostalgic VB°is a celebration of Virginia Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. Now,'Therefore I,Rpbert 31. "Bobby°Dyer,!Mayor of the City of Virginia Beach, Virginia,do hereby Proclaim.• Dorothy "Dot's C. Wool Rfcipient of the Virginia Beach DiantoniAware In Virginia Meach,and cad upon the citizens and members within government agencies,pu6lu and private institutions,business,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate upliftandfurther our beloved City of Virginia Beach. Iii 'Geis der* I have hereunto set my hand and caused the Official"Seal of the City of Virginia Beach, Virginia,to be affixed this Nineteenth Day ofAprif Two(Fnousandand'wenty-Two. y j (, l t r EbertYd. "Bobby"(Dyer 3layor 0.14 A BEAc A I-, a. q �6 Of OUR No ilit rottaination 'Maw: Eloycf'Waterfrefd,Jr.,who served as a member of the'Virginia Beach City Councilfrom 1970-1978, has served the community through his hard work unwavering support,and tireless efforts to elevate the prof fe of the City of Virginia Beach and to enhance the quality of fife for citizens;and Floyd Waterfiefd,Jr. has given of his time and knowledge to help shape Virginia Beach during the city's beginnings with decisions that helped cultivate it into an outstanding location for many to call- home and an enduring source of prick in its high standing among other large cities across the nation; and Whereas: 'Floyd'Waterfel�Jr has inspired others with his unyielding(dedication to the projects and efforts throughout Virginia Beach to help establish the City as a premier coastal community;and Whereat': Tile City of Virginia Beach has greatly benefited from the foresight and enthusiastic support provided by(FloydWaterfefd,Jr.7fe is counted among the City's residents and community contributors who have made Virginia Beach a unique and welt-known place to five,workand play; and %ther s: The community has been blessed by the wisdom and passionate advocacy of rFloydWaterfieg Jr as he has fostered relationships with the citizens of'Virginia Beach and within the?fampton meads area;and Whereas: By ecempCf ing the model of citizenship and service in the City of Virginia Beach,'Floyd Waterf efcg Jr.has mentored and empowered other citizens to contribute their skiffs and talents to the community;and `lit fierw: "JNostalgic'i2B"is a celebration of Virginia Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. �fow,artereforeI,Robert 14. "Bobby"(Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby Proclaim.• TfiryiWate Jr. cipient of the 'Virginia Beach Diamondward IrsVirginia Beach,and I call upon the citizens and members within government agencies,public and private institutions,business,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to 6e affxed this Nineteenth(Day ofl4pril;Two'Thousand and Twenty-Two. rlr ,.r'� T Ebert 914. "Bobby (Dyer •� ,�Y � tl. �� i l Wayor �I^-B ,r. :,• ..,_ ..„,4% ... .. . .___ ____ ..‹... t. ,:4 . .. 1 ..,,,.r • 9 1 • °p°uq►uM°'t� RESOLUTION WHEREAS:Autism spectrum disorder affects an estimated 1 in 44 U.S.children and 1 in 45 U.S.adults and is a complex condition that affects each person differently,resulting in unique strengths and challenges;and WHEREAS: Autism can cause challenges with verbal and nonverbal communication, social interaction, and repetitive behaviors,and can affect anyone,regardless of race,ethnicity,gender,or socioeconomic background;and WHEREAS: Autism is often accompanied by medical conditions that impact quality of life;and • WHEREAS: a comprehensive,collaborative approach will help promote connections to supports,services,community and resources that individuals with Autism need to live fully across their lifespan;and WHEREAS: early diagnosis and intervention tailored to individual needs can have lifelong benefits,easing the transition to adulthood and fostering greater independence;and WHEREAS: each person and family affected by Autism should have access to reliable information and supports;and WHEREAS: individuals with Autism should have opportunities to reach their full potential and the whole of society stands to benefit from this;and WHEREAS:two of the non-profit organizations located in Virginia Beach providing services to individuals diagnosed with Autism as well as family members affected by Autism are: e Families of Autistic Children in Tidewater(FACT)which serves hundreds of individuals with autism each year through its social and recreational programs where individuals with autism develop and grow their social and communication skills and become more integrated in our community.FACT hosts six weeks of day camps each summer,three different ongoing monthly social programs,and a mix of sports,leisure,arts, educational,and life skills programs six days a week during the school year.FACT also partners with other nonprofits to provide five Family Fun Days each year. • The Autism Society Tidewater Virginia has been a local affiliate of the nation's oldest leading grassroots Autism organization,the Autism Society of America,for over 40 years with a mission to create connections, empowering everyone in the Autism community with the resources needed to live fully.The organization serves thousands of local families through parent education,respite nights,support groups for parents and adults with Autism,51(s,family and sensory friendly events,partnerships and collaborative efforts with local businesses,churches, and law enforcement to increase opportunities and improve experiences for people on the spectrum in their communities. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize FACT and Autism Society Tidewater Virginia for their efforts to address the diverse needs of individuals with Autism and their families and recognize April 2022 as Autism Acceptance Month in order to create a kinder,more inclusive world for people with Autism spectrum disorder. Adopted by the Council of the City of Virginia Beach,Virginia the 19th day of April,2022 and present this Resolution duly signed by each Member o e Vir ' 'a Beach City Council with a copy spread upon the Minutes of this meeting. M ®°4114' f.LL_ 60,,LA, Th. CouncilMem6erMickaefT.Berfucclti C ncil9vfem6erLinwoodO.43ranck CouncilMem6erBar6ara M.7f Div..; .tom CouncilMem6er cky°7folcom6 CouncilMem6erL ' It Jones Council9'lem6er okn D.Moss __lie-I-- iK, i-P' - ..._ CouncilMem5erAaronR,Rouse Council'limber Guy?t Tower i,� Mem6er Sabrina�D.'Wooten Nice Mayorernag emary Wilson Mayor q?g6 M. 66y°Dyer ....0.0141.4.5H.B. .. 0 4, k `� r LOP BUtt NAY10 roctamatton Whereas: The City of Virginia Beach is proud to join the V.S. (Department of.Mousing and'Ur6an (Development in celebrating the Sot(:Anniversary of the Tair Mousing Act of 1968;and Whereas ?Tie Fair Mousing Act enshrined into federal law the fundamental-right for all-who live in the 'United States to o6tain the housing of their choice,free f►tmi discrimination;and 'Whereas: ?fie Fair.?fousingAct prohibits discrimination 6asedon race,color,national origin,religion,sex, familia(status,anddsa6ilrty in the safe,rental andfinancing of housing;and Whereas: Virginia's'Fair Mousing Law expands protections foraffwho live in the Commonwealth and pmhi6its discrimination based on eklertiness,sexuaforientation,gender identity,mifstary status,and source of funds;and Whereas: ?he Fryer enforcement of this law requires the ongoing cooperation of aUevels of government, those in the housing industries,andprivate citizens;and 144hereas< Throughout the City of Virginia Beach,this spirit of cooperation is made stronger with the support of countless agencies,nonprofits,and community organizations committed to affirmatively furthering fair housing;and '6Vlrereax Promoting equal housing opportunity is the 6edrockof our national Civilghts policy and essential to upholding our City's values of promoting justice in all'areas of life,cel6rating our diversity,and fostering inclusive communities. Mow,' refare I,24)6ert Sit. "Bo66y`Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby cl roclaim: J4pri(2022 cFair Mousing %l o n tai In Virginia Beach,and I and do urge all citizens to join in creating and promoting fair housing opportunities for all people. In Wantss'Whereof, I have hereunto set my hand and caused the Official Seal-of the City of'Virginia Beach, Virginia, to Re affixed this Nineteenth(Day ofApriC Two Thousand and Twenty-Two. 04, 41- 6ert 9K. Bo66y"Dyer f; ,A y , Mayor • fj / ',... 1 r 1- H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY 25.6 +/- acres located off Landstown Road adjacent to the Virginia Beach National Golf Course 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY 20,000+/- sq. ft. located at 217 Sandbridge Road 23,000 +/- sq. ft. located at 2548 Sandfiddler Road 27,000 +/- sq. ft. portion of sandy beach 3. ELECTION POLLING PRECINCT LOCATION CHANGE FOR JUNE ELECTION Central Absentee Precinct to 577 Central Drive '9' v,.,..e.,4) PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at its formal session on Tuesday,April 19,2022,at 6:00 p.m.in the Council Chamber of City Hall at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed lease of the following City-owned property to Dawley Family Farms,LLC: A 25.6+/-acre portion of GPIN:1494- 34-4919 located off Landstown Road, adjacent to the Virginia Beach National Golf Course. If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (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: httos://v bgov.we bex.com/v bgo v/o nstage/g,Dho?MTI D=ec 1310b9efa 9274a4199cfc8a0a0426b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 19,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:April 10,2022. � ,\z„. d at- .i S I. l.kr i°�a`Lwmo PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at its formal session on Tuesday,April 19,2022,at 6:00 p.m.,in the Council Chamber of City Hall at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and sold to Globalinx Data Center,LLC,or its affiliate: Exclusive easement located at Sandbridge Beach for the installation, operation and maintenance of underground conduit and cable infrastructure,as follows: 20,000 +/- sq. ft. portion of GPIN: 2434-11-5201(217 Sandbridge Rd) 23,000 +/- sq. ft. portion of GPIN: 2434-11-8063(2548 Sandfiddler Rd) 27,000 +/- sq. ft. portion of GPIN: 2434-11-7352(sandy beach) If you are physically disabled or visually impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to Dept.of Economic Development, 4525 Main Street, Suite 700,Virginia Beach,Virginia 23462,(757) 385-6464,(ecdev@vbgov.conTTT)• If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httus://vbeov.webex.com/vbgov/o nstage/g,oho?MTID=ec1310b9efa 9274a4199cfc8a0a042606 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 19,2022. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON: 4/10/22 „:,.. ,,,,,,.. c„, ge,:',4- --...,,Nel i•LIV,'k,,,,,- , PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE CENTRAL ABSENTEE PRECINCT FOR THE JUNE PRIMARY The City Council of Virginia Beach,Virginia at its formal session on April 19,2022,at 6:00 PM will conduct a public hearing upon an ordinance to change the Central Absentee Precinct for the June Primary Election. If adopted,the Central Absentee Precinct for the June Election will be at 577 Central Drive. During this primary election and at all times prior to the election,the Office of the Registrar will maintain its location within the Municipal Center for in-person early voting.The proposed ordinance also rie) provides for the mailing of absentee ballots and receipt of such ballots to be undertaken at the Central Drive location. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at tittos://vbgov.webex.com/vbgov/u nstage/goho?MTID=ec1310b9efe 9274a4199cfc8a0a0426b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 19,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon April 10 and 17,2022. I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 25.6+/- acres of City- Owned property located off Landstown Road for up to five (5) years with Dawley Family Farms, LLC 2. Ordinance to DECLARE easements under the sandy beach and continue to the northern parking lot at the Sandbridge Market in EXCESS of the City's needs and AUTHORIZE the sale of the easements to Globalinx Data Center, LLC re offshore data cable landing site 3. Ordinance to DECLARE the properties located at 108 Lavergne Lane, 108 Air Station Drive and 112 Air Station Drive to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners 4. Ordinances to AMEND City Code Sections: a. 10-1 re relocate the Central Absentee Precinct for the June 2022 Primary Election to 577 Central Drive and to ADD Section 10-1.2 re office location of Voter Registrar [In-person absentee voting to continue at the Municipal Center location,but mailing and processing of ballots to occur at 577 Central Drive] b. 21-351, 21-352, 21-353, and 21-354 re residential parking permits c. 6-30 re fishing on beach during resort season at Little Island Park 5. Ordinances to APPROVE and ADOPT a City Council Revised Policy: a. re speakers at City Council Meetings (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi,Branch,Henley,Holcomb,Jones,Moss,Rouse and Tower) b. re Council Member Sponsored Forums and Events (Requested by Council Member Berlucchi) Deferred from April 5, 2022 6. Resolution DESIGNATING May as Mental Health Awareness Month(Requested by Council Member Berlucchi) 7. Resolution re the City of Virginia Beach Community Criminal Justice Board 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5) years with the Development Authority for property located at 2656 Lishelle Place 9. Resolutions to APPROVE a term sheet re redevelopment of Pembroke Mall, REQUEST approval by the Development Authority and AUTHORIZE the development of definitive project documents 10. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agriculture Reserve Program Easements 11. Ordinance to EXTEND the date for satisfying the conditions re closing one-half of an unimproved portion of Holly Road adjacent to 401 49th Street 12. Resolution to APPOINT Lauren Hopkins to the position of Deputy City Clerk II,effective April 14, 2022 13. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for Urban Maintenance Payments b. corrections to the road inventory for Urban Maintenance Payments 14. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Virginia Beach Fire Foundation re Child Passenger Safety(CPS)training programs,public education,and child safety seat check-up events 15. Ordinance to APPROPRIATE $550,000 from Parking Enterprise Fund Balance to FY2021-22 Economic Development Operating Budget re Pilot Project for Micro-transit Services in the Resort Area 16. Ordinances to ACCEPT and APPROPRIATE: a. $8,868 donation from the Virginia Beach Library Foundation to FY2021-22 Libraries Operating Budget re purchase equipment for the Edgar T. Brown Local History Archive b. Surplus Funding from the Virginia Department of Transportation (VDOT) re Capital Project#100529"Elbow Road Extended Phase II-B"and TRANSFER local funding to roadways projects within the FY 2021-22 from Capital Improvement Program 17. Ordinances to TRANSFER: a. $130,000 to the Office of Emergency Management's FY2021-22 Operating Budget re personnel expenses b. $233,843 to Department of Emergency and Communications and Citizens Services re replacement computers f s; af� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for 25.6+/- Acres of City-Owned Property Located off Landstown Road for Up to Five Years with Dawley Family Farms, LLC MEETING DATE: April 19, 2022 PUBLIC HEARING DATE: April 19, 2022 • Background: For the last five years, Dawley Family Farms, LLC, a Virginia limited liability company ("Dawley") has been leasing 45+/- acres of land ("Total Premises"), as shown on the attached location map, located off Landstown Road for farming purposes. The City of Virginia Beach (the "City") owns 25.6+/- acres of the Total Premises (a portion of GPIN: 1494-34-4919) (the "City Premises"). The City of Virginia Beach Development Authority (the "VBDA") owns the other 19.4+/- acres of the Total Premises (a portion of GPIN: 1494-17-0763) (the "VBDA Premises"). The City owned the Total Premises when Dawley entered into the prior lease and since that time, the City conveyed the VBDA Premises to the VBDA as part of Innovation Park. Dawley desires to continue leasing the Total Premises for farming purposes, and is therefore seeking approval to lease the City Premises from the City and will seek approval to lease the VBDA Premises from the VBDA . Farming of the Total Premises is beneficial for alleviating the City's and VBDA's maintenance responsibilities and for keeping the Total Premises from devolving into wetlands in an area where wetlands are not desired. • Considerations: The Lease for the Total Premises would be between Dawley as the lessee and the City and the VBDA as the lessors. The VBDA will vote separately to authorize the lease of the VBDA Premises as part of the lease of the Total Premises. The initial term of the Lease for the Total Premises would be for seven months, with four one-year renewal options. The rental amount for the Total Premises is $1,600 annually (approx. $35.55 per acre), with rent for the initial term being prorated. To simplify accounting, Dawley will pay the entire rental amount to the City for lease of the Total Premises. See the Summary of Terms attached to the Ordinance for more specific terms and conditions. • Public Information: A public hearing will be advertised on April 10, 2022 in The Virginian-Pilot. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change conditions of the Lease, or deny leasing of the City Premises. is Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: 4WD 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 25.6+/- 3 ACRES OF CITY-OWNED PROPERTY LOCATED 4 OFF LANDSTOWN ROAD FOR UP TO FIVE YEARS 5 WITH DAWLEY FAMILY FARMS, LLC 6 7 WHEREAS, Dawley Family Farms, LLC, ("Dawley") has leased 45+/- acres of land 8 located off Landstown Road ("Total Premises") for farming purposes since 2017; 9 10 WHEREAS, the City of Virginia Beach ("City") owns 25.6+/- acres of the Total 11 Premises (a portion of GPIN 1494-34-4919) ("City Premises") and the City of Virginia 12 Beach Development Authority ("VBDA") owns the remaining 19.4+/- acres of the Total 13 Premises (a portion of GPIN 1494-17-0763) ("VBDA Premises"); 14 15 WHEREAS, Dawley desires to continue leasing the Total Premises for farming 16 purposes, and is therefore seeking approval from the City to continue leasing the City 17 Premises and will seek approval from the VBDA to continue leasing the VBDA Premises; 18 19 WHEREAS, continuing to lease the Total Premises for farming purposes would be 20 beneficial, because it (i) alleviates the City's and the VBDA's maintenance responsibilities 21 and (ii) keeps the Total Premises from devolving into undesired wetlands; 22 23 WHEREAS, Dawley has agreed to pay rent in the amount of $1,600.00 annually 24 for lease of the Total Premises, with the initial term being prorated as set forth in the 25 Summary of Terms, attached hereto; and 26 27 WHEREAS, for ease of accounting, the entire rent will be paid to the City for lease 28 of the Total Premises. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager, or his designee, is hereby authorized to execute a lease 34 for seven (7) months, with four one-year renewal terms, with Dawley Family Farms, LLC 35 for the City Premises, in accordance with the Summary of Terms attached hereto as 36 Exhibit A, and made a part hereof, and such other terms, conditions or modifications as 37 may be acceptable to the City Manager and in a form deemed satisfactory by the City 38 Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 41 , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Zn Public Work /Facilities Management ikSG- City Atto CA15613 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p037\00794036.doc R-1 April 8, 2022 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") and City of Virginia Beach Development Authority (the "VBDA") LESSEE: Dawley Family Farms, LLC, a Virginia limited liability company TOTAL PREMISES: 45+/- acres of land located off Landstown Road (25.6+/- acres owned by the City and referred to as the "City Premises"; 19.4+/- acres owned by the VBDA and referred to as the "VBDA Premises"), together with a right to use an adjacent private access road TERM: Initial Term: May 1, 2022 — December 31, 2022, with 4 one-year renewal options (each option: January 1st through December 31st) RENT: $1,600.00 annually (approx. $35.55 per acre) for Total Premises, with rent for the Initial Term being prorated. Rent will be paid to the City. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all applicable leasehold taxes. • Use Total Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Total Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Total Premises in a safe, clean and orderly condition. • Purchase and maintain insurance coverage acceptable to the Lessor. RIGHTS AND RESPONSIBILITIES OF LESSOR: • VBDA only has authority to lease the VBDA Premises. • City only has authority to lease the City Premises. • Lessor may enter upon the Total Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City and/or VBDA may terminate the lease as to its portion of the Total Premises upon: (a) thirty (30) days' notice if Lessee fails to maintain that portion in a farm-like manner or allows that portion to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City and/or VBDA's termination. '1:1, ---,FA .7"---7,-, „'Ai - ,,,, .-e,.);7:: -1-7,-.-L'i-.i-- .•:'.. --' -.'lik L ,.. 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Tik---" • - .-i- - CU 0 > .,, CO c.) .1, ' I. 4.0 (..) . •,_ ' ,_ _,.._ , 4-1 _. .. ...... _ , - . . . _... • _ •-•.- _. - - ...._- ' C ,0 €:',C (4) . —.__.,... . _. _ - •....- I— •46, - -1' . 1 ' . • '-, I , - - -h... -------.-• _ - , .,,,, ' " . ., . , ,_ •,, :1.444144.r -. I I LI . - - NV.- ''''-.7.• i', -, . - ••••/.''4,.'- "-,:-'' . . , ' --- 'd•'.7;.• '*13'il'..b.,- ' ''' ' 414‘Ahse_ . .-t 441%-7"••''S%#V,7.3:4. 4...., . . - • Disclosure Statement \iB City of Virginia Beath Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Dawley Family Farms, LLC Does the applicant have a representative? ❑ Yes ® No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) W.Jason Dawley, Lindsay W. Dawley • 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 Disclosure Statement City of Virginia Beach Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I 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 InNo • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 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. 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 City of Virginia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 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 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 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature W.Jason Dawley,Owner Print Name and Title 4/8/2022 Date Is the applicant also the owner of the subject property? ❑ Yes I 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 I'a!' �i t�i4 L i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Easements in Excess of the City's Needs and 2) Authorizing the Sale of the Easements to Globalinx Data Center, LLC for an Offshore Data Cable Landing Site MEETING DATE: April 19, 2022 • Background: Globalinx data center, LLC, a Virginia limited liability company ("Globalinx") currently operates a carrier neutral data center in the Corporate Landing Business Park that links subsea cables from Europe and South America to the United States. Globalinx has approached the City of Virginia Beach (the "City") about the possibility of landing additional international data cables at a landing station constructed on City-owned property at Sandbridge. Globalinx has requested subterranean easements (collectively, the "Easements") from the City to construct its landing station. The proposed Easements would allow the cables to come ashore under the sandy beach, and continue to an underground vault beneath the northern parking lot at the Sandbridge Market. From the underground vault,the cables would be extended to the right-of-way and then to Globalinx's data center at Corporate Landing under the terms of Globalinx's existing franchise agreement with the City. With the exception of a manhole cover in the Sandbridge Market parking lot, all of Globalinx's proposed facilities within the Easements would be underground, and the public's use of the beach and other surface areas, including the parking lot, would be unaffected once construction is completed. The location of the proposed Easements are shown on the map attached to the Ordinance as Exhibit A. The terms and conditions for the sale of the Easements are set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. • Considerations: The Easements would allow Globalinx to establish its cable landing station and bring ashore up to four additional subsea cables. These cables would enhance Virginia Beach's national and international digital connectivity and could encourage additional businesses to locate near Globalinx's data center in Corporate Landing. • Public Information: Advertisement for a public hearing as required by Section 15.2-1800 and public notice via the normal City Council agenda process. The public hearing will be held on April 19, 2022. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A (Landfall Exhibit), Exhibit B (Summary of Terms), Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Devel`pment City Manager: fip Iv"ilk 1 ORDINANCE 1) DECLARING EASEMENTS IN EXCESS 2 OF THE CITY'S NEEDS AND 2) AUTHORIZING THE 3 SALE OF THE EASEMENTS TO GLOBALINX DATA 4 CENTER LLC FOR AN OFFSHORE DATA CABLES 5 LANDING SITE 6 7 WHEREAS, Globalinx data center, LLC, a Virginia limited liability company 8 ("Globalinx") has approached representatives of the City of Virginia Beach (the "City") 9 about obtaining easements on City-owned property to land transoceanic subsea data 10 cables (the "Cables"); 11 12 WHEREAS, the Cables would come ashore under the sandy beach at 13 Sandbridge, and continue underground to a vault under the parking lot at the north side 14 of the Sandbridge Market; 15 16 WHEREAS, once constructed, all facilities installed by Globalinx would be 17 underground and would not interfere with the surface use of any of the property 18 encumbered by the proposed easements (collectively, the "Easements"), except for a 19 single manhole to be installed at grade in the Sandbridge Market parking lot; 20 21 WHEREAS, the locations of the proposed Easements are shown on Exhibit 22 A, attached hereto and incorporated herein; 23 24 WHEREAS, the terms and conditions by which the City would grant the 25 Easements are set forth in the Summary of Terms, attached hereto as Exhibit B, and 26 incorporated herein; 27 28 WHEREAS, once installed, the Cables would continue to the right-of-way and 29 then along a route to be determined, via Globalinx's existing franchise agreement with 30 the City, to Globablinx's data center facility in Corporate Landing; and 31 32 WHEREAS, the additional cable landing site would increase digital 33 connectivity in Virginia Beach and support the City's ongoing effort to promote digital 34 industry in the City. 35 36 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 37 Beach, Virginia: 38 39 1. That the Easements contemplated herein are hereby declared to be in 40 excess of the needs of the City of Virginia Beach. 41 42 2. That the City Manager, or his designee, is hereby authorized to execute 43 any and all documents necessary to convey the Easements to Globalinx, so long as the 44 documents are substantially in accordance with the terms set forth on the Summary of 45 Terms, attached hereto as Exhibit B, and incorporated herein, and such other terms, 46 conditions or modifications as may be acceptable to the City Manager and in a form 47 deemed satisfactory by the City Attorney. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2022. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney E ono is Development CA15616 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d004\p036\00709051.doc R-1 April 7, 2022 - - " -- EXHIBIT A w '' Gyi HORIZONTAL&VERTICAL F Al SCALE r TO>0 FIORIzONTK•VERTICAL SE �W :G HALF SCALE(11X'7,I'TOM7 S1 a !.I PROFILE NMi wPIAM VEW i2 l ELEVATION IN FEET x . WI I. 3 88T` N ll o R O 8 t § S O O 8 S E i .,, n rrt 0. iiI1111:1 03 � i;!III! I 1` 6i 1%83dldUNVS o 1i,i�i Iiii 1 031;11; f? I i = :ii E 111:11ii ! I v a IIP 73 xj, it: gi p $. is , c3 v' • IIP r.i — s t m ,-„,, i . • / 4549:11 I'' r IA i \rvi r 2�'q0 jaM/S - - .t I s'e I iICi I1 a r r-- 1 1 1AO i � _ gi mil +' ill I _ 1 , 1 ir ... _ , r , , , , I i_ . , , ,, .. iiiii ti_i_I 4 ,, : 0 „ , , . , i 4_, 1 V i11 iii i I I +� A. 333 ( 1 1 a I 1 i 1 P i z I00 $ ill i 1 F t { a g - il, L io C '71 Cr O CD rl COO ii i r CD Ili j I = _ $ ,' .4., :> 7 isY O Ilig� a.o�sas�oci eaencie csemc,encnt=a.1 t*tae� wfa.,:MG< •uE Ow*It 0 8 § o 0 0 0 0 ' ELEH'R HHON,'.F[:r EXHIBIT B SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Globalinx data center, LLC, a Virginia limited liability company ("Globalinx") APPROXIMATE LOCATION OF EASEMENTS: 20,000 +/- sq.ft. part of GPIN: 2434-11-5201 (217 Sandbridge Rd) 15,500 +/- sq. ft. part of GPIN: 2434-11-7352 (2548 Sandfiddler Rd) 22,700 +/- sq. ft. part of GPIN: 2434-11-8063 (sandy beach) The proposed locations of the easements, including minimum depths, are shown on Exhibit A. Dimensions and location of the Easements will be substantially in conformance with the depiction on Exhibit A and will be finalized based upon the as-built survey of the Facilities(defined below). PURPOSE: Permanent, exclusive easements for the installation, operation and maintenance of underground conduit and cable infrastructure (the "Facilities"). CONSIDERATION: Globalinx to pay: (i) $200,000 for each subsea cable permitted at the time of construction commencement; or (ii) if no cables are permitted when construction commences, $100,000 at construction commencement. When each cable is permitted, a fee of$200,000 will be due, with Globalinx receiving a credit of$100,000 for the first permitted cable. CONDITIONS: • No construction or maintenance of facilities other than for the purposes set forth above will be permitted. • Globalinx Facilities will be entirely underground, except one man-hole cover to be located in the.Sandbridge Market parking lot. City shall retain all beneficial uses and enjoyment of the surface of the property. • Globalinx will obtain all required permits for construction, installation, use and operation of the Facilities. • Construction of the Facilities may commence the day after Labor Day 2022 or later and must be completed by the Thursday before Memorial Day of the following year. • Globalinx shall be responsible for all cost, repair and return of the City's property to the same condition, as nearly as practicable, as it was before the start of construction. • Globallinx shall maintain insurance coverage, naming the City as additional insured and provide proof thereof prior to commencement of construction. CATI-N P MARLIN LN MARLIN LN = il 2400 20444 . . ,� * ,, I • • • 78 • 0• 3 t 3 10 t ts ts i x IP Zat i , et it A 403°3 �► as , I - 103 �? . Q; ?° ? 0 . ANDTiRlQ C -' AN08R1DGE. GP1N:2434-11-5201 GPIN:2434-11-7352 3 30t 217 Sandbridge Rd R --.- . ; �',�,,•` ,,✓ ?� 434-11-8063 4 ', `'" dr► 2548 Sandfiddler Rd I i f a''tiV ' '' X b s .11 • 0 Disclosure Statement i uk $4fliprt+a A414. Planning & Communit 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 GLOBALINX DATA CENTER LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Brian Kirwin 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) GREG TWITT& DIANE TWITT • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) LANDING888LLLC ' "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement rvs c>fVxqus�,sir# Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? f Yes ❑ No • If yes,identify the financial institutions providing the service. N/A AT THIS TIME UNDER CONSIDERATION 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes Ai No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑ No • If yes,identify the firm and individual providing the service. SAL LEMOLE 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement 'NB rev of i'mfinio Kik 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? IN Yes ❑ No • If yes,identify the firm and individual providing the service. CRITICAL SYSTEMS 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 EN • 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 Signatill Print Name and Title GREG TWITT CEO Date Is the applicant also the owner of the subject property? ❑ Yes MD • 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 Disclosure Statement Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P age Disclosure Statement Ctty of iimmo Bold, Planning 84 Community APO Development ,... Owner Disclosure Owner Name Applicant Name GLOBALINX DATA CENTER LLC is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. a"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement (Aro Of Vegan.:Bf xh Planning & Community Development ... Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage .1\BDisclosure Statement Planning & Community Development lir sJ_. 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?E es ❑ No • If yes,identify the firm and individual providing legal the service. Kyke Korte Woolcott Rivers Gates 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 corn 'nee in connection with this application. 4 Owner Signature Print Name and Title Greg Twitt Date April 12th 2022 Revised 11.09.2020 7 I P a g e ,4 % X 4, 44 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 Ic 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 ii 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 2 o 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 f bl Work Real Estate Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City rni'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 201 30201 0001 31 1 30. 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 tog Ill u N r EGO 5 . Ole le t s r J 73 wilt l,4„, ig 111111 :11111111611114q : .. t., tom.ik,.T ' At . 0*- Aim • z 112 Lavergne Lne m iqI 1 , ,,,L ... - ' . ,,, .. ZP2O764943kl 8 .. 41N.\ i*Alit Oco 1 lipli 1 rg g illim im. , . . 06 Abe.A , /6 1r \ , S .. ., . 6... , s5 is y r .w SOUTHERN BLVD `t. a" 6 LegendAlit* AIL r �� LOCATION MAP City Properties +4 .c:3 .a. �, 4 EXCESS CITY PROPERTY 2407-64-9438 " '. :; 108 LAV E RG N E LANE property isGPIN 2407-64-9438 Note: This roPe located �,�;� �; r;:in AICUZ Noise Zone >_75 dB .mm1 Feet 0 50 100 200 and AICUZ Crash Zone APZ1 a N vzr�, i •,� �a a 0,*,r, •M 1, * y Y1' -.& L 's' 13. ''''''' - t : ::: , i .w O � _ , w M • 11111111 EGO °a IIIIri 2407-54-7604 pot , Aim 2407-54-7527 . , 2407-54-7530 loll ' 11111 ofil itil, , g @ STREAMLINE CM "Ili. * c III" - - "i _411 mow;• , , LOCATION MAP Legend EXCESS CITY PROPERTY City Properties GPIN's 2407-54-7527 & 2407-54-7530 TO BE PURCHASED BY 2407-54-7604 JANICE HICKS GPIN 2407-54-7604 2407-54-7530 " 2407-54-7527 Feet r..._, .w• •�..,.... 0 50 100 200 Disclosure Statement 110 mait 2 . .., Planning&Cmnmu 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 ,n M(-)!eO/ Does the applicant have a representative? ❑Yes Eic 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 relations ttnEt exists 'k the corporation directly or indirectly owns shares possessing more than 50 percent of the oting power 1:notit2r ta;, . in." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,,.t!-:r 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 ( P a g e 11/4/13 Disclosure Statement lt 1.I rigor.IWO I1 nning& Comm irfl I 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? C Yes ❑ No • If yes,identify the financial institutions providing the service /a 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes Ri 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 i3z 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 o' the application or any business operating or to be operated on the property?0 Yes 14 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 CceNo • If yes,identify the purchaser and purchaser's service providers Reused 11.09.2020 Wage ■ Disclosure Statement1113 _ Planning&Community "'' Development 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑ Yes .'No • if yes,identify the company and individual providing the service, 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 ErNo • 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 '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. As Ap cant Signature _- Print Name and Title "1 F S Z✓J. - 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 Poo changes as of ate Span _ __-- j hint N$fne Rev,sed 11 09.2C20 3 f P a g E- Disclosure Statement 1 Planning fk Conuntunity D `doprne t 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 OilI et° Does the applicant have a representative? ❑Yes NO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes 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 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(li€)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement PlanningDevelopment t i ,ate 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 ❑ No • If yes,identify the financial institutions providing the service. cPflflLL Th4 C-- 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 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 • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes ceNo • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage • Disclosure Statemen - v - , ..2Yt .,-,,,,a.„..,,,,,---,.---.w.:..:.+,*- - ='s --42 Y..- Pia J i fling & (omm i r, . ��rnent 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 O 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?0 Yes jallo • If yes,identify the firm and Individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Ld 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 . ctr‘‘,,,c_o cv_S Print Name and Title -CLIC - --a--?--N- — Date is the applicant also the owner of the subject property? El0 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 1 ❑ No changes as of Date Print lame Revised 11.09.2020 Wage g� � 7° --:\?-v, f ► CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 10-1 and Add Section 10-1 .2 to the City Code to Address the Central Absentee Precinct and the Office of the Voter Registrar MEETING DATE: April 19, 2022 • Background: Currently, the Central Absentee Precinct is located in the Agriculture/Voter Registrar Building within the Municipal Center. This location functions well for voter and candidate interactions, but it is not suited for a large-scale absentee ballot mailing operation. • Considerations: The attached ordinance makes two changes. There is a relocation of the Central Absentee Precinct for the June 2022 primary election to 577 Central Drive. The Central Absentee Precinct is only operational on the day of the election, and it will allow the processing of absentee ballots in a secure location. Because the Central Absentee Precinct is a polling location, this change will need to be precleared by the Office of the Attorney General. The second change is to allow mailing of ballots and receipt of ballots to occur at a location other than the Agriculture/Voter Registrar Building. These mailing and receipt activities will not diminish the ability of a voter or candidate to receive services at the Municipal Center location. • Public Information: An advertisement will be placed in the newspaper prior to the June Party Primary Elections. Because the Central Absentee Precinct is a polling location, a public notice was placed in the Beacon for two successive weeks. • Recommendations: Adopt the proposed change. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Voter Registrar ` , City Manager:Ar0 1 AN ORDINANCE TO AMEND SECTION 10-1 AND 2 TO ADD SECTION 10-1.2 TO THE CITY CODE TO 3 ADDRESS THE CENTRAL ABSENTEE PRECINCT 4 AND THE OFFICE OF THE VOTER REGISTRAR 5 6 SECTION AMENDED: § 10-1 7 8 SECTION ADDED: § 10-1.2 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 1. Section 10-1 of the City Code is hereby amended and reordained and Section 10- 14 1.2 is hereby added to read as follows: 15 16 Sec. 10-1. Establishment of precincts and polling places. 17 18 There are hereby established in the city the following precincts and their respective 19 polling places, as set forth below: 20 21 Precinct Polling Place 22 23 Alanton Alanton Elementary School 24 Aragona Bayside Sixth Grade Campus 25 Arrowhead Arrowhead Elementary School 26 Avalon Fairfield Elementary School 27 Baker Ebenezer Baptist Church 28 Bayside Bayside Elementary School 29 Bellamy Salem Middle School 30 Blackwater Blackwater Fire Station 31 Bonney Princess Anne High School 32 Brandon Brandon Middle School 33 Brookwood Plaza Annex 34 Buckner Green Run Baptist Church 35 Cape Henry Edgar Cayce's Association for Research and 36 Enlightenment 37 Capps Shop Back Bay Christian Assembly 38 Centerville Centerville Elementary School 39 Chesapeake Beach Bayside Baptist Church 40 Chimney Hill Rosemont Elementary School 41 College Park College Park Elementary School 42 Colonial Colonial Baptist Church 43 Colony Lynnhaven Colony Congregational Church 44 Corporate Landing Corporate Landing Middle School 45 Courthouse Kellam High School 46 Creeds Oak Grove Baptist Church 47 Cromwell Landstown High School 48 Culver Ocean Lakes High School 49 Dahlia Green Run High School 50 Dam Neck Corporate Landing Elementary School 51 Davis Corner Bettie F. Williams Elementary School 52 Eastern Shore Eastern Shore Chapel 53 Edinburgh St. Aidan's Episcopal Church 54 Edwin Kempsville Middle School 55 Fairfield Kempsville Presbyterian Church 56 Foxfire Wave Church (Seaboard location) 57 Glenwood Glenwood Elementary School 58 Great Neck All Saints Episcopal Church 59 Green Run Green Run Elementary School 60 Haygood Haygood United Methodist Church 61 Hillcrest New Castle Elementary School 62 Hilltop Freedom Fellowship Church 63 Holland Holland Elementary School 64 Homestead Providence Presbyterian Church 65 Hunt Princess Anne Recreation Center 66 Independence Windsor Oaks Elementary School 67 Indian Lakes Indian Lakes Elementary School 68 Indian River San Lorenzo Spiritual Center 69 King's Grant King's Grant Elementary School 70 Kingston King's Grant Presbyterian Church 71 Lake Christopher New Covenant Presbyterian Church 72 Lake Joyce Morning Star Baptist Church 73 Lake Smith Bayside Church of Christ 74 Landstown Restoration Church at Landstown 75 Larkspur St. Andrews United Methodist Church 76 Lexington Larkspur Middle School 77 Linkhorn Virginia Beach Community Chapel 78 Little Neck Lynnhaven United Methodist Church 79 London Bridge London Bridge Baptist Church 80 Lynnhaven John B. Dey Elementary School 81 Magic Hollow Virginia Beach Moose Family Center 82 Malibu Malibu Elementary School 83 Manor Providence Elementary School 84 Mt. Trashmore Windsor Woods Elementary School 85 Newtown Good Samaritan Episcopal Church 86 North Beach Galilee Episcopal Church 87 North Landing Hope Haven 88 Ocean Lakes Ocean Lakes Elementary School 89 Ocean Park Bayside Community Recreation Center 90 Oceana The Gathering at Scott Memorial United 91 Methodist Church 92 Old Donation Calvary Baptist Church 93 Pembroke Pembroke Elementary School 94 Pinewood Plaza Middle School 95 Plaza Lynnhaven Elementary School 96 Pleasant Hall Emmanuel Episcopal Church 97 Point O'View Point O'View Elementary School 98 Red Wing Seatack Elementary 99 Rock Lake Salem Elementary School 100 Rosemont Forest Rosemont Forest Elementary School 101 Roundhill Salem High School 102 Rudee W. T. Cooke Elementary School 103 Salem Woods Parkway Elementary School 104 Sandbridge Tabernacle United Methodist Church 105 Seatack Mount Olive Baptist Church 106 Shannon Kempsville Elementary School 107 Shelburne Christopher Farms Elementary School 108 Shell Unity Church of Tidewater 109 Shelton Park Shelton Park Elementary 110 Sherry Park Woodstock Elementary School 111 Sigma Red Mill Elementary School 112 South Beach Museum of Contemporary Art 113 Stratford Chase Kempsville Area Library 114 Strawbridge Strawbridge Elementary School 115 Tallwood Tallwood Elementary School 116 Thalia Thalia Elementary School 117 Thoroughgood Independence Middle School 118 Timberlake White Oaks Elementary School 119 Trantwood Great Neck Baptist Church 120 Upton Three Oaks Elementary School 121 Village Thalia Lynn Baptist Church 122 Windsor Oaks Red Church Steeple 123 Witchduck Bayside Presbyterian Church 124 Wolfsnare Wave Church (Old Donation location) 125 Central Absentee Voter Agriculture/Voter Registrar Building 126 Precinct 127 128 For the June 2022 primary election, the Central Absentee Precinct will be 577 Central 129 Drive, and the Municipal Center location of the Office of the Voter Registrar shall remain 130 open to the public during the customary hours required for an office of the Voter Registrar 131 on the day of an election. 132 133 .... 134 135 Sec. 10-1.2. Office of the Voter Registrar. 136 137 The Office of the Voter Registrar shall be the AgricultureNoter Registrar Building within 138 the Municipal Center. Notwithstanding the preceding, the Voter Registrar may conduct 139 mailing of ballots, receipt of mailed ballots, and other administrative activities that do not 140 involve person-to-person interaction with the public at a second location; provided during 141 those hours an office of the Voter Registrar is required to be open to the public, the 142 Municipal Center location is open and staffed appropriately to provide services to voters 143 and candidates. 144 145 2. The Voter Registrar and the City Attorney are hereby directed to seek a 146 certification of no objection from the Office of the Attorney General using the preclearance 147 procedure provided by Virginia Code § 24.2-129(D). The change to the Central Absentee 148 Precinct shall not be administered unless and until the Attorney General has provided 149 such certification or if 60 days lapses without the Attorney General interposing an 150 objection. 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: AIL Voter Registrar ' Att ney's Office CA15751 R-1 March 30, 2022 �N� 1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 21-351, 21-352, 21-353, And 21-354 of the City Code Pertaining to Residential Parking Permits MEETING DATE: April 19, 2022 • Background: The Residential Parking Permit Program (RPPP) was established in 1992 to reduce nighttime traffic congestion within the neighborhoods surrounding the Oceanfront. Since the RPPP's inception, commercial development surrounding the neighborhoods have intensified, parking technology has proliferated, and City regulatory codes have evolved to manage growth and infill development. Form Based Codes allows developers to opt out of the minimum parking requirements, but those properties are excluded from participating in the RPPP. Recently, Short Term Rentals were given the approval to operate in the resort neighborhoods. However, the guests of these properties are excluded from RPPP passes. ■ Considerations: The growing complexity of administering the RPPP permits and tracking which properties are excluded from participation has complicated the management of the permit program. The Parking Management Office assumed all the permit administration duties from the City Treasurer's Office in 2021. The Parking Management Office regularly communicates with the Planning Department to identify excluded properties to comply with City Code. The requested code revisions include: • Removing the City Treasurer's Office from the role of administering permits was requested by the City Treasurer. The Parking Management Office is currently named in the City Code to provide these services. The City Treasurer requested their removal to avoid any potential confusion on job duties. • Defining an employee to reduce confusion on program eligibility. The original RPPP allowed the employees of the businesses located in the old RT2 zoning designation to participate in the permit program. Those businesses were exempt from the minimum parking requirements in the Zoning Code. The reason was that most of their customers were visitors staying at nearby hotels and therefore those businesses did not need to provide customer parking. • Striking language that is regulated by other provisions of the City Code. The Form Based Codes contain minimum parking ratio requirements by land use type. • Modern technology does not require a physical permit to be placed on a vehicle. The technology can identify a valid permit holder without a permit. • Public Information: These code revisions were the subject of a public briefing during the City Council workshop on April 5, 2022. They also were discussed by the Transportation, Parking, and Pedestrians Committee of the RAC. The committee did not take exception to the proposed code amendments. Information will be provided to the public through the normal agenda process. • Recommendations: Adopt ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development ckliji I City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 21- 2 351, 21-352, 21-353, AND 21-354 OF THE 3 CITY CODE PERTAINING TO RESIDENTIAL 4 PARKING PERMITS 5 6 SECTIONS AMENDED: §§ 21-351, 21-352, 7 21-353 and 21-354 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 21-351, 21-352, 21-353 and 21-354 of the Code of the City of 13 Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 14 15 Sec. 21-351. Definitions. 16 17 As used in this Division: 18 19 ) Eligible business shall mean a business located on or between the west side of 20 Atlantic Avenue and the east side of Pacific Avenue, from Rudee Loop to 29th Street, or 21 located on Winston Salem Avenue, but only if the business has not been authorized to 22 reduce the required parking of such business. With respect to the east side of Atlantic 23 Avenue, "eligible business" includes only those businesses for which one or more 24 employees were issued, in calendar year 2021, a monthly business parking permit in 25 accordance with this Division. 26 27 (ab) Motor vehicle shall have the meaning set forth in § 46.2-100 of the State Code, and 28 shall also include mopeds and motorcycles, as defined therein. 29 30 (lac) Residence shall mean a single-family dwelling or a dwelling unit, as defined in 31 Section 111 of the City Zoning Ordinance [Appendix A]. 32 33 (ed) Residential area shall mean an area designated on the zoning map of the City as a 34 residential zoning district or an area containing streets primarily abutted by residences 35 or other noncommercial uses, including, but not limited to, schools, parks and churches. 36 37 Sec. 21-352. Designation of residential permit parking areas. 38 39 The City Manager or his designee is hereby authorized to designate as residential 40 permit parking areas street blocks within any residential areas, or part thereof, which is 41 located within one-half mile of a city meter-regulated parking area. 42 43 The City Manager or his designee is hereby authorized to create a resident 44 induction policy for new neighborhoods or street blocks that are located with the 45 residential parking permit regulated area. 46 47 The City Manager or his designee is hereby authorized to administratively remove a 48 neighborhood or street blocks from the residential parking program when the dominant 49 land use on the street block is no longer used for residential purposes. 50 51 Sec. 21-353. Parking restrictions. 52 53 (a) In any area designated as a residential permit parking area, it shall be unlawful for 54 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 55 electric personal assistive mobility device, electric power-assisted bicycle, electric- 56 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 57 or similar wheeled device on the street. 58 59 (b) In any area designated as a residential permit parking area, it shall be unlawful for 60 any person to park any motor vehicle on the street between the hours of 8:00 p.m. 61 and 6:00 a.m. unless the vehicle owner has there is affixed to the driver's side 62 rior surface of the windshield of such motor vehicle a valid residential parking 63 permit; provided, however, that the provisions of this Section shall not apply to 64 emergency or governmental vehicles, to delivery or service vehicles while engaged 65 in such delivery or service, or to vehicles displaying a valid guest pass plainly 66 visible from the exterior of the vehicle. 67 68 Sec. 21-354. Permits generally. 69 70 (a) Following the designation of a residential permit parking area by the City Manager 71 or his designee, the City Treasurer or city's parking management office shall issue 72 annual residential parking permits for the area so designated. One (1) permit shall 73 be issued, upon application and payment of the prescribed fee, if applicable, for 74 each motor vehicle owned by a person residing on a street within the residential 75 permit parking area, or on a street within a residential area that is contiguous to the 76 residential permit parking area as specified in subsection (b). 77 78 (b) An applicant for a permit shall present his motor vehicle registration and operator's 79 license with the application. No permit shall be issued in the event either the 80 registration or operator's license shows an address not within a designated 81 residential permit parking area, unless the applicant demonstrates to the 82 satisfaction of the City Treasurer or city's parking management office that he is, in 83 fact, a resident of such area, or that he is a resident of a residential area which is 84 contiguous to a designated residential permit parking area and in which neither off- 85 street nor nonmeter-regulated on-street parking is available. Any applicant who is a 86 resident of such a contiguous residential area shall, upon receipt of a permit issued 87 hereunder, be permitted to park in the designated residential permit parking area. 88 Registered residential parking permit holders may obtain annual or temporary guest 89 passes by applying to either the city treasurer's office or the city's parking systems 90 management office. Temporary guest passes shall be issued and validated for up 91 to seventy-two (72) hours. 92 93 (c) Monthly business parking permits shall be issued by the 94 city's parking systems management office to businesses licensed to operate in city 95 meter-regulated parking areas. A current valid business license must be presented 96 by the business owner or his designee to the city treasurer's office of to the city's 97 parking systems management office at the time a request is made for annual 98 business parking permits. The number of permits issued to a single business shall 99 be limited to the maximum number of employees required to work after 8:00 p.m. 100 e , 101 that do not have—an site parking, whichever is greater. Employees of eligible 102 businesses may purchase 103 employee parking permit passes directly from the city treasurer's office or city's 104 parking management office after verification of employment with an eligible 105 business. Any business that has been authorized to reduce the required parking of 106 such business shall not be eligible for such monthly business parking permits. 107 108 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 109 revoked in the event the City Treasurer city's parking management office 110 determines that the owner of the vehicle for which a permit has been issued no 111 longer resides in the residential permit parking area. Upon written notification of 112 such revocation, the holder of the permit shall surrender such permit to the City 113 Treasurer city's parking management office. The willful failure to surrender such 114 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 115 116 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be 117 revoked in the event the city's parking management office urer's office 118 determines that the number of permits exceeds the allowable number according to 119 the criteria set forth in subsection (c). 120 121 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 122 original permit, and payment of the replacement fee prescribed in section 21-359 123 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: Economic Development City Attorney's Office CA15743 R-2 April 6, 2022 r1^'4. �..nG1NIA B y iy. �, L1�) W nc: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 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. The 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: 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: r 7,‘2-- ;(/. ____ /11‘, ..7,L 3_,±4 Pa s and ecreatiofi City g4mey's Office APPROVED AS TO CONTENT: /„.........4 1 4 F '141 Police Department CA15660 R-3 February 8, 2022 c5i T s cam^ i; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Adopting a Revised Policy Pertaining to Speakers at City Council Meetings 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 MAYOR DYER, VICE MAYOR WILSON, COUNCIL MEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCIL MEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER 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. APP OVED AS TO LEGAL SUFFICIENCY: 6 ney's Office CA15537 R-3 April 12, 2022 G1NlA•BE 7 •,l ~- ~3 (i. -0lbY. i A. i W City ouncel Polic 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. 2.4 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. The first three(3)speakers who register with the City Clerk will be called to speak. (d)If more than three(3)speakers request an opportunity to speak on the same non-agenda topic, 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. 4 �u ,f,c.....____......1,, Ili 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 19, 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. This item was discussed during the City Council's formal meeting on April 5, 2022, when the Council deferred the item to April 19, 2022. • 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 GINiA:BEAC y ,.....,,,,,,,_„ ... .„.ir o, o�R Mii,.Pal. City Council 7 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. • Notwithstanding any other provision of this Policy to the contrary, if If the member seeks to hold a town hall meeting (such as a district forum or similar event to inform or seek feedback from a member's constituents) 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: 0 event calendar listing on the City website; Title: Councilmember-Sponsored Forums and Events Date of Adoption: January 7,2020 Date of Revision: Page 2 of 2 o editing and printing up to 500 total pages of meeting agendas or other printed materials (provided that the documents were either developed by the councilmember or are copies of previously existing records); o event notification emails to constituents whose email addresses have been provided to City staff by the member of Council; o notice to district civic leagues; o district-specific postings to Nextdoor.com or a similar site that segments subscribers by district boundaries; o a Facebook event page and Twitter event notifications, the frequency and extent of which shall be in accordance with practices and policies of the City's communications team; and o staff member attendance at the meeting to provide information or logistical support. 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. Nothing in this policy prevents the Police Department from providing security for a town hall meeting if the circumstances warrant doing so or if another policy requires it. Additionally, for events held in City facilities, this policy does not preclude the use of audio/visual equipment that is already located in the City facility. 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. [ ,-,---;.;1-- jst CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Designating May as Mental Health Awareness Month MEETING DATE: April 19, 2022 • Background: Every day, residents of the City and millions of other Americans face the reality of living with a mental illness. With a growing number of people experiencing mental health challenges, people need to join together to fight stigma, provide support, educate the public about the realities of mental illness, and advocate for policies that support people with mental illness and their families. There is a nationwide movement to raise awareness of mental health issues by designating May as Mental Health Awareness Month. Green is the color used for mental health because it symbolizes the continual awareness of mental health in order to help fight the stigma that is often associated it. Three City buildings currently have LED lighting that can be used to illuminate the buildings in colored light, and the illumination of those buildings in green would promote mental health awareness. Those City buildings are scheduled to be illuminated with blue, or blue and white, lights from May 23-31 as a May 31 Remembrance. • Considerations: City Council hereby designates May 2022 as Mental Health Awareness Month. The City Manager is directed to illuminate the Aquarium, the Convention Center, and the Emergency Communications & Citizen Services building with green lighting in recognition of Mental Health Awareness Month from May 1-22, and those buildings will be illuminated in blue, or blue and white, lights from May 23-31 as a May 31 Remembrance. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION DESIGNATING MAY AS MENTAL HEALTH 2 AWARENESS MONTH 3 4 WHEREAS, every day, residents of the City and millions of other Americans face 5 the reality of living with a mental illness; 6 7 WHEREAS, with a growing number of people experiencing mental health 8 challenges, people need to join together to fight stigma, provide support, educate the 9 public about the realities of mental illness, and advocate for policies that support people 10 with mental illness and their families; 11 12 WEREAS, there is a nationwide movement to raise awareness of mental health 13 issues by designating May as Mental Health Awareness Month; 14 15 WHEREAS, green is the color used for mental health because it symbolizes the 16 continual awareness of mental health in order to help fight the stigma that is often 17 associated it; 18 19 WHEREAS, three City buildings currently have LED lighting that can be used to 20 illuminate the buildings in colored light, and the illumination of those buildings in green 21 would promote mental health awareness; and 22 23 WHEREAS, those City buildings are scheduled to be illuminated with blue, or blue 24 and white, lights from May 23-31 as a May 31 Remembrance; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby designates May 2022 as Mental Health Awareness 30 Month; and 31 32 That the City Manager is directed to illuminate the Aquarium, the Convention 33 Center, and the Emergency Communications & Citizen Services building with green 34 lighting in recognition of Mental Health Awareness Month from May 1-22, and those 35 buildings will be illuminated with blue, or blue and white, lights from May 23-31 as a May 36 31 Remembrance. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2022. APPROVED AS TO LEGAL SUFFICIENCY: 4i ,‘;eei -E ----- City Attorney's Office CA15763 R-3 April 13,2022 2 ~► 1 4 0-:....,3„, -, �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the City of Virginia Beach Community Criminal Justice Board MEETING DATE: April 19, 2022 ■ Background: The Comprehensive Community Corrections Act of Local Responsible Offenders ("CCCA") and the Pretrial Services Act require that each city in Virginia that has a community corrections program and pretrial services program also have a community criminal justice board. In 1995, the same year that those two acts were enacted, the City Council by resolution established the City of Virginia Beach Community Criminal Justice Board ("CCJB"). Because of changes to state law and the structure of the City since 1995, a revised resolution is needed regarding the membership and duties of the CCJB. In Considerations: The resolution provides that the CCJB shall have the powers and duties set forth in the CCCA and the Pretrial Services Act, and it shall operate in accordance with the CCCA Local Community Based Probation Minimum Standards as promulgated by the Virginia Department of Criminal Justice Services. The CCJB's responsibilities include providing guidance regarding the operation of the Virginia Beach Department of Human Services Community Corrections and Pretrial (CCP) services, evaluation and monitoring of CCP as well as other community programs to determine impacts on offenders, assessing community needs and assisting with program development to serve defendants and offenders, reviewing submissions of criminal justice grants, and overseeing development and modification of the criminal justice plan and community-based corrections plan. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the resolution. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Human Services Si-- ' City Manager:f2/ ) 1 A RESOLUTION REGARDING THE CITY OF VIRGINIA 2 BEACH COMMUNITY CRIMINAL JUSTICE BOARD 3 WHEREAS, the Comprehensive Community Corrections Act of Local 4 Responsible Offenders ("CCCA") and the Pretrial Services Act require that each city 5 that has a community corrections program and pretrial services program also have a 6 community criminal justice board; 7 8 WHEREAS, in 1995, the same year that the above-referenced acts became law, 9 the City Council by resolution established the City of Virginia Beach Community 10 Criminal Justice Board; 11 12 WHEREAS, a revised resolution regarding the Community Criminal Justice 13 Board is needed given changes in state law and the structure of the City. 14 15 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH: 17 That the City of Virginia Beach Community Criminal Justice Board ("CCJB") shall 18 have the powers and duties set forth in the CCCA and the Pretrial Services Act, and it 19 shall operate in accordance with the CCCA Local Community Based Probation 20 Minimum Standards as promulgated by the Virginia Department of Criminal Justice 21 Services; 22 The CCJB members shall be appointed by the City Council and shall include: 23 • a member to represent the City Council; 24 • a general district court judge; 25 • a circuit court judge; 26 • a juvenile and domestic relations district court judge; 27 • a chief magistrate 28 • the Police Chief; 29 • a commonwealth's attorney; 30 • a public defender or an attorney who is experienced in the defense of 31 criminal matters 32 • the Sheriff; 33 • a local educator; and 34 • a community services board administrator; 35 Any officer of the court appointed to CCJB may designate a staff member to 36 represent him or her at meetings of the board, but that person may not serve in that 37 capacity until the City Council has appointed the designee as a member; 38 The City Council may appoint other members to the CCJB, in addition to the 39 ones required above; and 41 Members appointed by City Council shall serve for terms of four years but shall 42 not be subject to the term limits set forth in City Code § 2-3. 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 44 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r < , -r,4 t.e dX Human Services City Attorney's Office CA15749 R-1 March 25,2022 I� i�T zt .11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with the City of Virginia Beach Development Authority for Property Located at 2656 Lishelle Place 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 (the "City") acquired property located at 2656 Lishelle Place (GPIN: 1496-54-4149) (the "Premises") to eliminate a 150-person call center. The Premises is currently zoned 11 . The City's Department of Economic Development has identified the Premises as a suitable location for an industrial incubator, where new or growing companies could temporarily locate until they become established and move to a permanent space. As the City of Virginia Beach Development Authority (the "VBDA") already maintains a bio- accelerator incubator space at the Convergence Center, it is a suitable entity to assume responsibility for the administration of an industrial incubator. The Premises would be leased to the VBDA for up to five years for the purpose of establishing an industrial incubator. All uses would need to be compatible under the City Zoning Ordinance. • Considerations: Any rent received by the VBDA, after payment of expenses for maintenance of the Premises, would be remitted to the City. • Revenue restriction: The City funded the acquisition of the property through a grant partnership with the Commonwealth of Virginia. All proceeds from the lease of the Premises 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 100282 (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. • Public Information: Public information will be handled through the normal agenda process. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Economic Development ;tO City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH THE CITY OF VIRGINIA 4 BEACH DEVELOPMENT AUTHORITY FOR 5 PROPERTY LOCATED AT 2656 LISHELLE PLACE 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 8 parcel of land, with all improvements thereon, located at 2656 Lishelle Place (GPIN: 9 1496-54-4149) (the "Premises"); 10 11 WHEREAS, City staff has identified the Premises as a suitable location to 12 establish an incubator space for new and growing industrial businesses in the City of 13 Virginia Beach; 14 15 WHEREAS, the City of Virginia Beach Development Authority (the "VBDA") 16 already operates a bio-medical incubator and is positioned to operate an industrial 17 incubator at the Premises; 18 19 WHEREAS, a lease for up to five years would allow City Council to retain the 20 decision making authority over the ultimate disposition of the Premises; 21 22 WHEREAS, any user of the Premises would need to be compatible under the 23 City's Zoning Ordinance; and 24 25 WHEREAS, the terms and conditions of the proposed lease of the Premises to 26 the VBDA are set forth in the Summary of Terms, attached hereto as Exhibit A. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1. That the City Manager is hereby authorized to execute a lease for a term 32 of up to five (5) years with the VBDA for the Premises, in accordance with the Summary 33 of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, 34 conditions or modifications as may be acceptable to the City Manager and in a form 35 deemed satisfactory by the City Attorney. 36 37 2. Fifty percent (50%) of all lease revenue received shall be deposited for 38 appropriation in future Capital Improvement Program capital budgets in Capital 39 Improvement Project 100282 (formerly CIP 9-059), Oceana Interfacility Traffic Area 40 Conformity & Acquisition II, and fifty percent (50%) of all lease revenue received shall 41 be deposited for future payment by the City Manager to refund the Commonwealth of 42 Virginia's portion in accordance with the grant agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 45 , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY A D FORM: 47„//d.,,,_ City Attorney E is Development APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Liv �� e t Works I`facIities Mana enudget anagem n Services PublicManagement CA15617 a teoceosa1Ets11ipylfadao 111;01 V 0039462.da R-1 April 8, 2022 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: City of Virginia Beach Development Authority. PREMISES: 16,500+/- square feet of space on a 1.5+/- acre lot located at 2656 Lishelle Place (GPIN 1496-54-4149) TERM: Five (5) years RENT: $1.00 per year PROPOSED USE: Lessee shall use the Premises as an incubator space for new and/or growing companies located in the City of Virginia Beach RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall be responsible for the cost of all normal maintenance and repairs to building. • Lessee shall maintain liability and other insurance to satisfaction of City. • After payment of expenses incurred to maintain the Premises, Lessee shall remit all remaining sums received for rent and use fees to the City. / // : / / / - ----- --. -- \ LOCATION CATION A P 800 139 r. 800 145 —_�+ /// • P 800-146 /�� 800-137 800-149 / ; 77T f! 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'S // --�__ © City of Virginia Beach I Map data © OpenStr icg-'-'4 fq -If; �-a"v�r w� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution 1) Approving a Term Sheet Relating to the Redevelopment of Pembroke Mall, 2) Requesting Approval by the City of Virginia Beach Development Authority and 3) Authorizing the Development of Definitive Project Documents MEETING DATE: April 19, 2022 ■ Background: The Pembroke Mall complex opened in 1966 at the Northeastern intersection of Virginia Beach Boulevard and Independence Boulevard and contains approximately 54 acres, including surface parking and out-structures (the "Mall"). Pembroke Square Associates, LLC, a Virginia limited liability company ("Developer") owns approximately 29 acres of the Mall and has developed a multi-phased plan to transform the majority of the Mall into a new mixed-use, multi-level development with senior housing, a hotel, apartments, structured parking, and retail (the "Project"). The Project would be constructed in the north and eastern surface parking lots and within a portion of the existing main mall building. The Target, REI, Fresh Market and other retail stores on the north western side of the area would remain open. Developer has approached representatives of the City about participating in the cost of structured parking to be constructed in Phase II and Phase III of the Project. The Developer has also requested the establishment of a special service district ("SSD") similar to that at Town Center, south of the Project. Developer proposes that the City, through the City of Virginia Beach Development Authority (the "VBDA"), acquire a 582+/- space parking garage as part of Phase II and a 209+/- space parking garage as part of Phase III. All other elements of the Project would be privately owned. City staff and representatives of Developer have worked to develop a non-binding term sheet (the "Term Sheet") for development of the Project. The Term Sheet sets forth the conditions, obligations and responsibilities of the parties and is attached to the Resolution as Exhibit A. Redevelopment of the Mall would continue the revitalization of the City's Central Business District and promote additional development and re-development in that area of the City. r Considerations: The Term Sheet is a non-binding document that will guide the development of the definitive transaction documents. Prior to execution of the final transaction documents, this matter will come back to City Council for a public hearing and another vote on whether to authorize the execution of such documents and bind the City. All the obligations of the City and Authority would be subject to annual appropriation. I Information: Public information for this item will be handled through the normal Council agenda process. The proposed terms were briefed to City Council in public session on March 1, 2022. ig Recommendations: Approve the Term Sheet; request approval and execution by the City of Virginia Beach Development Authority; and authorize the development of supplemental project documents. Attachments: Resolution (w/ Term Sheet attached), Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: City Manager City Manager:ft 1 RESOLUTION 1) APPROVING A TERM SHEET 2 RELATING TO THE REDEVELOPMENT OF PEMBROKE 3 MALL, 2) REQUESTING APPROVAL BY THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY AND 3) 5 AUTHORIZING THE DEVELOPMENT OF DEFINITIVE 6 PROJECT DOCUMENTS 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 10 have engaged in extensive negotiations with representatives of Pembroke Square 11 Associates, LLC, a Virginia limited liability company (the "Developer"), and its affiliates, 12 regarding the redevelopment of Pembroke Mall; 13 14 WHEREAS, the proposed project is a mixed-use, multi-level development, 15 consisting of senior housing, retail, residential apartments, a hotel and parking (the 16 "Project"); 17 18 WHEREAS, the Developer and City staff have worked to develop a non-binding 19 term sheet, attached hereto as Exhibit A (the "Term Sheet"), which outlines the 20 comprehensive development plan for the Project, including all public participation; 21 22 WHEREAS, the obligations of the Authority outlined in the Term Sheet would be 23 supported by a support agreement between the City and the Authority (the "Support 24 Agreement"); 25 26 WHEREAS, the Support Agreement obligations would be structured to be paid, 27 subject to annual appropriation, using real estate taxes generated at the Project, with 28 the proposed special service district funds serving as an initial backstop for any 29 shortfalls; 30 31 WHEREAS, the City Council finds that the Project will stimulate the City's 32 economy, increase public revenues, enhance public amenities and further the City's 33 development objectives for the Pembroke area of the City; and 34 35 WHEREAS, the City Council desires that the Authority approve the Term Sheet 36 and pursue the development of definitive project documents to be negotiated in 37 substantial conformity with the terms outlined in the Term Sheet, including, but not 38 limited to a development agreement and the Support Agreement. 39 40 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 1. That City Council hereby approves the Term Sheet between the Authority 44 and the Developer, a copy of which is attached hereto as Exhibit A and made a part 45 hereof. 46 2. That City Council requests and recommends that the Authority adopt a 47 Resolution consistent with this Resolution approving the Term Sheet and authorizing its 48 execution. 49 50 3. On behalf of the City of Virginia Beach, the City Manager and the City 51 Attorney are hereby authorized and directed to proceed with the development of 52 definitive documents necessary and appropriate to implement the Project substantially 53 as outlined in the Term Sheet. 54 55 4. The City Manager is directed to present the proposed final definitive 56 project documents, including but not limited to the Support Agreement, to City Council 57 and the Authority for approval. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 60 of , 2022. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL < - SUFFICIENCY• City Man r(psruFt City Attorney `-- CA15621 Vvbgov.coi,dtsl\appllcationslatyieNcy om321wpdocs\dOD2V03D30530612.doc April 6, 2022 R-1 EXHIBIT A 1/7/22 DRAFT PEMBROKE MALL REDEVELOPMENT TERM SHEET Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") were approached by Pembroke Square Associates and its affiliates (the "Developer") about public participation in the redevelop nt of portions of the existing Pembroke Mall. Pembroke Square Associates owns the Pembrok- d intends to replace portions of the existing indoor retail and surface parking with a multi has - that will expand the commercial tax base in the City and provide additional amenit • or th- itizens of Virginia Beach. 74 As set forth below, the Developer proposes the d- , `o t of a mixed-use development project consisting of senior housing, multifamily resi• nt •, retai •tel, and parking uses. The Developer has requested the Authority and the Ci • •licly parts► - in the Project (further defined below)primarily in the form of the acqu' on of tured par mg facilities. In addition, the Developer has requested the establis o •ecial 'c- district (as further described below, the "SSD") to offset certain cos . qed t ; �'�;y' blic sarking facilities and to provide enhanced services within the project -a. y orms o l t articipation will allow the Developer to address public parking needs, • ov •ublic '��-nit./ and dramatically enhance the density and quality of development, co• ent wi e Cit '"'goals in the Town Center area of Virginia Beach. This Term Sheet is .4u; t;-e of oreover,this Term Sheet is not,nor is it intended to be, an offer, an -ptance, ';Y . bindi _ agreement of any kind. To the contrary, this Term Sheet is only amilik of the . : erms of a possible transaction, which may be agreed in principle on: - • 's Te R, Sheet identifies many of the material issues, any possible transacti 's complex an. -s may arise during preparation and negotiation of definitive docu ,tati that hav not been discussed in this Term Sheet. Accordingly, legal obligations a e p ill • . be as specified in any definitive agreements that ultimately may be approve City uncil, the Authority's Board of Commissioners and the Developer's principals, ,, ", ex ted by all of the parties. Any and all obligations of the City and the Authority are subject to a ropriation of sufficient funds to meet those obligations by the City Council of the City of Virginia Beach. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 EXHIBIT A 1/7/22 1. Project Description: The project will be constructed in three(3)phases (described below) on 5.273acres of property currently owned by Developer and operated as the Pembroke Mall (the "Property"). The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The Project will involve demolition of portions of the existing indoor mall, some surface parking and certain existing outbuildings. The following elements will constitute the "Project", with all numbers approximated and subject to refinement: a. Phase I: a 7-story, approximately 158-unit senior livin_ - is unity to be constructed in what is now surface parking at the northeastern corn: of i -• oke Mall. Phase I will be supported by surface parking. The Devel• - "r's an cipated investment is approximately $50 million hard cost. �� b. Phase II. an 12-story multi-use structure wi aroximately 35,014 square feet of ground floor retail, four levels of parking con ng o •roximately 582 spaces (the "Phase II Garage"), and 7 levels of apartmen ithk approx ely 329 market rate units. Phase II will be in the area that is currently central ar of the Pembroke Mall. Developer's anticipated investment in I is a► •ximate y $2,500,000.00 hard cost for the retail and approximately •6,600 11 10 h., ost for the apartments. The anticipated public investment i =t e • n II is approximately $19,674,366.00. Phase II will be a multi-u dorm with, 'ach element of the Phase a separate condominium unit. c. Phase III. A 1 hote • par ng garage. The parking garage will have 5 levels and approx.• `ately 21 %%,.aces "Phase III Garage" and, collectively with the Phase II Gara ")" • e hotel,built on top of the garage, will be 9 stories and have ape ="` imate • !• rooms %'hase III will be adjacent to Virginia Beach Boulevard where a ;.unTf st bank .ted. Developer's anticipated investment in Phase III is appro .8 millio 'ard cost. The public investment in the parking is Phase III is . ' ipated to - . mately $10,890,000.00. Phase III will also be a multi-unit ondo inium w h eac element of the Phase a separate condominium unit. 2. . o'er O c li ations. eveloper will construct,or cause to be constructed,all elements of the Project. All co . •nents above are subject to mutual collaborative refinement. b. Developer acknowledges that its proposed private investment, and the proposed uses in the Project are the basis for the level of financial support offered by the Authority. Material deviations in investment or form resulting in a reduction of Developer's private investment could require the public investment be likewise reduced. Alternatively, any increase in Developer's private investment could result in the public investment likewise being increased. 2 EXHIBIT A 1/7/22 c. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition,the Developer acknowledges the City Council's 10%minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. (Please provide a copy of the City's Small Business Enhancement Program.) 3. City/Authority Participation. a. To satisfy the expressed need for additional public p. le Developer shall construct and sell to the Authority, and the Authority shall `* - •- the Developer, at the completion of the applicable Phase, the Garages. Eac` o be p r chased pursuant to a condominium parking unit purchase e ent in fo and substance mutually satisfactory to the Authority and the D -er. The Authori shall provide funding for the design, development and const , • ;on o - Garages on a pay-as-you-go basis. The Authority will pay $30,000.00 p- 4:, •ace, inclu of all hard and soft costs except as set forth in Section 3(b) below. Inc 'y � e in the A `ority's costs shall be a development fee for the Garages equa . 3 3 of th'. al cost for same. This fee will be payable on mutually agreeable to • 'The G` • - sha/', ee and open to the public for a period of 30 years from the . e R .t `ge • -ns. "The Authority shall grant to the Developer a mutually agree. ;•arkin• , ense :erein the Developer, or its successors and assigns, shall have t• excl y right =' o a designated number of parking spaces throughout the Proje , • the ‘4';ration and cost of such Parking License to be established in the •. elopme► - •cume b. The t.Y' eloper �� l agree at the Project will be subject to a special assessment establis /• pu cuant to a . Services District("SSD"). The initial amount of the SSD is an 't : # . „ se an addi F onal $0.45 to the real estate tax rate. It is anticipated that $ 00,000.00 'monies will be used to pay for costs of the Garages in excess of 0,010.00 per ,e ace, ncluding a total of$1,500,000 in design and development fee costs or th; ara•es %/ ollows: (a) $ for Phase II and (b) $ for Phase III. The finder w . s ay for certain enhanced services at the Project, and for maintenance and up' z. • of Garages. The SSD rate will be set by City Council after consultation with the De : 'per during the pre-development period described below. c. All obligations of the Authority to be expressly subject to the City Council appropriating sufficient funds to the Authority to meet its obligations. 4. Guaranty of Assessed Value: As set forth in Section 3 above, the City and Authority intend to finance the cost of the Garages with(i)real estate and hotel taxes generated at the Project and(ii) a portion of the 3 EXHIBIT A 1/7/22 SSD monies. It is possible that the Authority(and by Extension,the City) will experience a loss of certain of the material benefits of its bargain under the Project(including,without limitation, a material reduction of anticipated tax revenues) if the private elements of the Project do not yield the anticipated assessed values,or if the Phases are not complete within the timeframes set forth below in Section 5. In consideration of such potential loss, Developer shall cause the entities owning the projects to pay a reimbursement amount(the "RA Amount") sufficient to restore any shortfall in actual taxes to the amounts projected (based on the existing real estate tax rate). The RA Amount will be ecured on terms and in a form acceptable to the City. (Please provide a copy of the reimbu _ • aranty and there should be separate guaranties for each project.) 5. Proposed Timeline: a. Phase Ito commence construction within 9 hs of approval of •ject by the Authority and City Council. Completion , . in -- onths thereafter. b. Phase II to commence construction wi n 1 mont approval of Project by the Authority and City Council. Co `p within 2. the thereafter. Sy9 c. Phase II to commence construct'• ithin onths o`approval of Project by the Authority and City Coun.' . Co letion 's 24 months thereafter. 6. Next Steps a. Public briefing of Term -et 1110 b. Public Comme ;`• City s► s cil vo on Term Sheet c. Authority vs e on Sheet d. Develops ; •f de ,t =. bin• g documents and votes on same. 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'^ L^ • • • • i v A ,c.,.... --4,-- ....„.t.:\ \ n I r.,. ‘. • • T(1 ft r 4. ^77, r-irl - ` • y� et • t m y _ u clsit,\ _ /;gyp•FJ:-.0, a Vt ii -; q`; ti a.L] :, i ~ f C F t • ift ' Qa 3021030 ONDI • _ aa1- n5VYol• I • + + + • a a a Li_, s•-• _.. _ a • 43W 31nNlw� 1 a • a a. - _ r------ - a -- C ;fi t-._. a I 8,4 v ° • C., • t . i m y - Q =N O • Q Wq • ix 03 2_ O �t 1$c)NOD3S Ni N»Hd 3LV21OdWX --••_-___ [ U.; 1._• '�1 .L 9 i \ __ _ 'kJ i • lit .c. 4) ,1 1 3 - aA, \ Off, a I a y ' • � t - ...,. \\� a. �-. ` e? i �� '� Y=1 ,`s i "- � � C I 1 �; I IN Disclosure Statement 1A3 City of Vfryenia Bate+ 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 Pembroke Square Associates,LLC Does the applicant have a representative? ❑ Yes ❑ No • If yes,list the name of the representative. Ramsay Smith Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 1.. Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Vincent R.Olivieri,John E.Olivieri,Michael V.Olivieri,Vincent A.Napolitano,Frederick J.Napolitano • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity relationship with the applicant. (Attach a list if necessary) Numerous entities and business entities are affiliated with the Applicant through its various principals names listed above. See attached list. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. 11Page Disclosure Statement Clip of Virginia Brach Planning&Community. Development Known Interest by Public Official or Empl yee 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? ❑7 Yes ❑ No • If yes,identify the financial institutions providing the serice. Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes El 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 .J 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?11 Yes ❑ No • If yes,identify the firm and individual providing the service. Kahier Slater,Inc.,111 W.Wisconsin Avenue,Milaukee,WI 53203 5. Is there any other pending or proposed purchaser of the subject property?0 Yesa No • If yes,identify the purchaser and purchaser's service providers. 2IPage • Disclosure Statement V13 Cory of Vbyin,n Beodr Planning&Community Development t 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes El No • if yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?] Yes ❑ No • If yes,identify the firm and individual providing the service. Kimsey-Horn,4525 Main Street,Suite 1000,Virginia Beach,VA 23462 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?trii Yes ❑ No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq. 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 gnature Frederick J.Napolitano Print Name and Title Operating Manager — Date /ANA16 c20 — Is the applicant also the owner of the subject property? El Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONE Y/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ailNo changes as of hate Signature Print Name Wage Disclosure Statement am Vimbito Development — Continue to Next Page for Owner Disclosure Wage Disclosure Statement ,. 0,ttityttsGt Rads Planning Sr Community Development Owner Disclosure Owner Name Pembroke Square Associates, LLC Applicant Name Pembroke Square Associates,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Di Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Vincent R.Olivieri,John E.Olivieri,Michael V.Olivier',Vincent A.Napolitano,Frederick J.Napolitano • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) See attached list. 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 r; No • If yes,what Is the name of the official or employee and what Is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage i' Disclosure Statement 11/4/3 givrrgirsia Bauch Planning &Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any finandng in connection with the subject of the application or any business operating or to be operated on the property? r; Yes ❑ No • If yes,identify the financial institutions providing the service. Towne Bank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes lid No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes n No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? !! Yes ❑ No • If yes,identify the firm and individual providing the service. Kahler Slater,Inc.,111 W.Wisconsin Avenue,Milaukee,WI 53203 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes [I No • If yes,identify the purchaser and purchaser's service providers. 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 El No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 0 No • If yes,Identify the firm and individual providing the service. Kimley-Horn,4525 Main Street,Suite 1000,Virginia Beach,VA 23462 61Poge Disclosure Statement Ahri3 Cuy uJ vbginia Bluth Planning&Community .{v Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?ri Yes ❑ No • If yes,identify the firm and individual providing legal the service. R.Edward Bourdon,Jr.,Esq. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Frederick J.Napolitano Print Name and Title Operating Manager Date i a-/�� a a,J 71Page APPLICANT AND OWNER: Ramsay Smith-Pembroke Square Associates, LLC MANAGERS AND MEMBERS OF APPLICANT: Vincent R. Olivieri John E.Olivieri Michael V.Olivieri Christopher C.Olivieri Rosemary L. Olivieri Robed Olivieri Vincent A. Napolitano Frederick J. Napolitano, II Theresa Napolitano John C. Napolitano AFFILIATES OF APPLICANT/MEMBERS Napolitano Homes Vincent A. Napolitano Frederick J. Napolitano, II Theresa Napolitano John C. Napolitano Terry/Peterson Residential Companies John Peterson Jr. John Peterson III Lucky Peterson Associated Development Management Corp. John E.Olivieri Michael V. Olivieri Pembroke Commercial Realty, LLC ••' ° � (� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: April 19, 2022 • Background: In 2021, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $156,476.00, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015, February 2, 2016, February 7, 2017, February 20, 2018, June 6, 2019 and February 18, 2020. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. • Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, (6) public notice costs and (7) recordation fees. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of $156,476.00. • Public Information: No special advertising is required. Public information will be handled through the normal agenda process. • Recommendations: Adoption of Resolution • Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Agriculture Department II A City Manager: 419 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 10,416 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 552 of the 2021 Special Session I 19 Acts of Assembly, appropriated $1,000,000 in the fiscal year ending June 30, 2022 to 20 the Virginia Department of Agriculture and Consumer Services ("VDACS") for the 21 continuation of a state fund to match local governmental purchases of development 22 rights program funds for the preservation of working farms and forest lands; 23 24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS' Office 25 of Farmland Preservation to develop methods and sources of revenue for allocating 26 funds to localities to purchase agricultural conservation easements; 27 28 WHEREAS, VDACS has determined that the City is eligible to receive 29 contributions of funds from VDACS in reimbursement for certain costs the City will incur 30 in the course of purchasing ARP easements; 31 32 WHEREAS, the City and VDACS desire to enter into an agreement wherein 33 VDACS will agree to reimburse the City for certain costs incurred by the City in the 34 course of purchasing ARP easements, up to a cumulative maximum amount of 35 $156,476.00 for a period of two (2) years from the date of the agreement; 36 37 WHEREAS, a copy of the proposed agreement between the City and VDACS, 38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 39 Consumer Services and The City of Virginia Beach," dated December 31, 2021 (the 40 "Agreement"), is on file in the City Clerk's Office; 41 42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 43 Exhibit A; and 44 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH: 50 51 That the City Manager is hereby authorized and directed to execute the 52 Intergovernmental Agreement between the Virginia Department of Agriculture and 53 Consumer Services and the City of Virginia Beach, dated December 31, 2021, so long 54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 55 A and incorporated herein, and such other terms, conditions, or modifications as may be 56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 57 and to take such measures as are necessary or advisable to implement the Agreement. 58 59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 That the City Council hereby expresses its appreciation to the Governor, the 63 General Assembly and the Virginia Department of Agriculture and Consumer Services 64 for their continued commitment to the preservation of agriculture within the 65 Commonwealth of Virginia and the City of Virginia Beach. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia on the day 68 of , 2022. Approved as to Content: Approved as to Legal Sufficiency: Luc(lam ��►-c-��z`�v Q Dept. of Agriculture City Attorney CA15607 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p032\00564753.doc R-1 April 6, 2022 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach(the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $2,052,536.95 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 2/18/20 - 58,333.00 City is now eligible to receive an additional $156,476.00 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $156,476.00 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2021 through December 31, 2023). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 r'J l"'Ltw�'Ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing One-half of an Unimproved Portion of Holly Road Adjacent to 401 49th Street MEETING DATE: April 19, 2022 • Background: On May 4, 2021, by Ordinance ORD-3653A, City Council approved the request by George Randolph Webb, Jr. and Lelia Graham Webb (the "Applicants") to close approximately 3,125 sq. ft. of an unimproved portion of Holly Road (the "Right-of-Way"), adjacent to their property located at 401 49th Street (GPIN: 2418-78-8383), for the purpose of incorporating the closed area into their adjoining property. • Considerations: There were five (5) conditions to the approval of the street closure: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of(a) a public utility easement over the Right-of-Way; (b) a public drainage easement over the Right-of-Way; and (c) a public access easement over the eastern 10' of the Right-of-Way for pedestrian access to and from the alley adjacent to the rear of the property, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the Right-of-Way after the closure is finalized, prior to finalization of the street closure, the Applicants must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the Right-of-Way. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. The Applicants have submitted a subdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On April 5, 2022, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3653A. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING ONE-HALF OF AN 4 UNIMPROVED PORTION OF HOLLY ROAD 5 ADJACENT TO 401 49TH STREET 6 7 WHEREAS, on May 4, 2021, the Council of the City of Virginia Beach acted upon 8 the application of George Randolph Webb, Jr. and Lelia Graham Webb (the 9 "Applicants") for the closure of approximately 3,125 sq. ft. of an unimproved portion of 10 Holly Road, adjacent to their property located at 401 49th Street (GPIN: 2418-78-8383); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3653A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 May 3, 2022; and 15 16 WHEREAS, on April 5, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on May 4, 2021 (ORD-3653A), upon application of George Randolph Webb, Jr. 24 and Lelia Graham Webb, is extended to May 3, 2023. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 27 of , 2022. 28 29 No GPIN Assigned (Right-of-Way) 30 Adjacent GPIN: 2418-78-8383 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: CJ44.tqe.V L61x) il/1752L ,c: City Att', -y Planning Department CA15619 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d005\p041\00794344.doc R-1 April 6, 2022 Nlrelipplikvoltil wiliiiwito sill mg (A\ ‘ ,\\\‘ yl * it ink R5,R(N E,)‘‘\ 0 \ \ \ < ?' 0f -\\ .1\ \❑ toes] � \ R7.5 i H Illit . till WA i s IL �r6111 ( gtb �' 0 \ R7.5' 4 e o\ 00 - _% ( -- \\ ,.- p II\sliel. 111\\WAI oo/Sttb4 � R7.5 log* R7.5 � � PlItNel •01100 ,• ! � R7.5 N /// Site George Randolph Webb & Lelia Graham Webb W ": L Property_Polygons 25-foot wide by 125-foot long portion of Holly Road NW O Zoning adjacent to 401 49th Street Building cciimicipFeet Parkinn I nt flrivP Aicla 0 15 30 60 90 120 150 180 Virginia Beach APPLICANT'S NAME George Randolph Webb,Jr.&Lelia Graham Webb DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2;weeks prior to any Page 1 of 7 Plannino Commission and City Council meetinn that pertains to the applicationtsi APPLICANT NOTIFIED OF HEARING DATE ® NO CHANGES AS OF DATE 3/30/2021 MLC .�G,�/� �%� 0 REVISIONS SUBMITTED DATE CAB nia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:George Randolph Webb,Jr. & Lelia Graham Webb If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. $ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia seam t. YES NO SERVICE PROVIDER(use additional sheets If needed) IAccounting and/or preparer of your tax return z Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than® Jthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ZConstruction Contractors ® El Engineers/Surveyors/Agents WPL Financing(include current Mortgage Electronic Registration mortgage holders and lenders Systems,Inc. selected or being considered to provide financing for acquisition or construction of the property) IXEll Legal Services R.Edward Bourdon,Jr.,Esquire* Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property *Sykes.Bourdon.Ahern&Levv.4p.C. • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of a y public body or committee in connection with this Application. George R.Webb,Jr. ICA URE PRINT NAME DATE • 6Lelia G Webb Page S of 7 (4, i�•,4L ,»�al' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Lauren Hopkins to the Position of Deputy City Clerk II MEETING DATE: April 19, 2022 ■ Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." • Considerations: This resolution appoints Lauren Hopkins to the position of Deputy City Clerk II, effective April 14, 2022. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt resolution Submitting Department/Agency: City Clerk 0713 City Manager: Pro 1 A RESOLUTION APPOINTING LAUREN HOPKINS TO 2 THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Lauren Hopkins is hereby appointed to 8 the position of Deputy City Clerk II, effective April 14, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. AP ROVED A O CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Cler City Attorney's OfficeeD CA15761 R-1 April 7, 2022 )r- CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: April 19, 2022 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon the City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated August 8, 2021, which stated the FY22 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $13,224.70 per lane mile, and arterial streets will be reimbursed at $22,524.22 per lane mile. ▪ Considerations: This item includes two resolutions. One resolution adds new streets, which will add 3.76 lane miles of local/collector streets. The other resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 3.5 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 5.0 lane miles of local/collector streets to be added back to the inventory. Between the two resolutions, there is a net increase of 5.26 lane miles of local/collector streets. Based on the present VDOT reimbursement rates indicated above, the total net increase in urban maintenance lane miles from the additions and corrections will result in a funding increase of $69,561.92 per year from VDOT. ■ Public Information: Public information will be provided through the normal Council agenda process. ▪ Recommendations: Approval ▪ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/Agency: Public Wo City Manager: 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.76 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests that the Virginia Department of Transportation 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. 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: Public Works C o ice CA15755 R-1 March 31, 2022 Exhibit A - New Streets 1 City of, Beach Operations New Street Street Type STREET_ FROM TO LANE MILES LOCAL BIG CYPRESS CT NIMMO PKWY S CUL-DE-SAC 020 LOCAL DAM NECK STATION RD GENERAL BOOTH BLVD E DEAD END 0.56 LOCAL DRISKILL CT DRISKILL CT N CUL DE SAC 0.60 LOCAL DRISKILL CT WOODSTOCK RD E DEAD END 024 LOCAL DWYER RD OLD DAM NECK RD S CUL DE SAC 0.92 LOCAL KENNESAW CT GATES LANDING RD S DEAD END 0.20 LOCAL LIFETIME CIR INDIAN RIVER RD S CUL-DE-SAC 0.14 LOCAL QUICK PL DWYER RD E DEAD END 0.06 LOCAL SECOTAN RD VIRGINIA DARE DR W CUL DE SAC 0.18 LOCAL SURFSIDE AV S DEAD END N DEAD END 0.32 LOCAL VIRGINIA DARE DR CROATAN HILLS DR CROATAN HILLS DR 0.34 Total Lane Mlles of LOCAL streets: 171 Total Lane Miles of New Street: 176 Tesday,March 22,2022 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached), resulting in a net increase of 1.50 (Local/Collector) lane miles; 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved these corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests that the Virginia Department of Transportation 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and begin paying urban maintenance payments to the City of Virginia Beach 27 based on the established rate. 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. Public Works Ci or 's Office CA15756 R-1 March 31, 2022 Exhibit B - Changes City of Virginia Be Public Works Operations! ch Additions/Replaced deletions Street T)pe STREET FROM TO LANE MILES LOCAL BILTMORE DR SEDGEWICK DR CAMBRIDGE DR 1.12 LOCAL COMMUNICATIONS CIR SHELL RD PRIVATE PROPERTY 0.06 LOCAL MAC ST SOUTHERN BLVD N DEAD END 0.64 LOCAL PRICE ST MAC ST STANDARD LN 0.32 LOCAL QUAIL POINT RD LINDSLEY DR E CUL DE SAC 0.88 LOCAL SURFSIDE AVE VIRGINIA DARE DR S DEAD END 0.88 LOCAL WHITEHURST LANDING RD PROVIDENCE RD(WB) N CUL-DE-SAC 1.10 Total Lane Miles of LOCAL sheets: II& Total Lane Miles of Additions/Replaced deletions: 5,00 Deletions/To be replaced Street T)pc STREET FROM I U LANE MILES LOCAL BILTMORE DR CAMBRIDGE DR WESTMINISTER DR -0.56 LOCAL COMMUNICATIONS CI SHELL RD W DEAD END -0.12 LOCAL MAC ST WITCHDUCK RD N 0.07 S WITHCHDUCK RD -0.14 LOCAL MAC ST 0.07 S WITCHDUCK RD ROUSE DR -0.50 LOCAL PRICE ST ROUSE DR CUL-DE-SAC -0.26 LOCAL QUAIL POINT RD LINDSLEY DR CUL-DE-SAC -1.20 LOCAL SURFSIDE MACEHILL ST VIRGINIA DARE DR -0.32 LOCAL WHITEHURST LANDING RD BEAUCHAMP LA CUL-DE-SAC -0.40 Total Lane Miles of LOCAL streets: -3.50 Total Lane Miles of Deletions/To be replaced: -3.50 Tuesday,March 22,2022 Page 1 of 1 [ ssonki., _ill CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a $5,000 Community Services Micro-Grant to Virginia Beach Fire Foundation MEETING DATE: April 19, 2022 • Background: Virginia Beach Fire Foundation (VBFF) is a 501(c)(3) non-profit seeking a Community Services Micro-Grant to hold recertification and training courses for existing and aspiring Child Passenger Safety Trainers (CPSTs). VBFF also plans to use part of the Micro-Grant to fund public education and various child safety seat check- up events around the city. The Child Passenger Safety (CPS) course will allow the recertification of CPSTs and provide training for aspiring CPSTs to learn about new innovations and technologies in child safety seat products to increase technician's competency when installing and inspecting these products for residents. The Micro-Grant is intended for the purchase of training materials which include seats and training dolls for classroom demonstrations, hands-on training, and hybrid online/in- person continuing education and re-certification courses. The grant will also pay for public education and child safety seat check-up events in the community. The CPS course will improve the competencies of the Fire Department's CPSTs, train new CPSTs and help to meet the applicable standards. Finally, the grant will improve public safety through public education and child safety seat check-up events that are especially important as the tourism season approaches, which brings an increase of visitors to the city. • Considerations: VBFF exists to support the mission of the Fire Department by funding community risk reduction and safety programs. All funding for the organization comes from private donations and grants. Funding for this request will be provided by Non-Departmental' s "Opportunity Grant" line item. This line item is budgeted at $20,000 specifically for Community Service Micro Grants. In FY 2021-22, only one other grant has been awarded this fiscal year, and it was for $5,000. • Public Information: Normal City Council agenda process • Attachments: Ordinance; Application; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: 1 AN ORDINANCE AWARD A $5,000 COMMUNITY 2 SERVICES MICRO-GRANT TO VIRGINIA BEACH FIRE 3 FOUNDATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $5,000 Community Services Micro-Grant is awarded to Virginia Beach Fire 9 Foundation for training programs, public education, and child safety check-up events. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget anti anagement Services i or y's ffice g 9 CA15758 R-1 April 6, 2022 11/4Beity of Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: Virginia Beach Fire Foundation Address: 2401 Courthouse Drive BLDG 1 Suite 202 Municipal Center Virginia Beach, VA 23456-9006 Phone: 757-385-2875 Email: VBFireFoundation@gmail.com gmail.com Amount of funding requested: $ 5,000 ($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential approval by the City Manager. 1aALeAJu,i•l i..I - ,</� 14;.: 03-26 2vLz City Cuundl Member Printed Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3) organization: ►_l Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. El Recognized government entity:state, county,or city agency, including law enforcement,fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑ K-12 public/private school, charter school, community/junior college, state/private college, or university. Page 1 of 5 El Nondenominational organization, if authorized by Virginia State Code,Section 15.2-953,with a proposed project that addresses and benefits the needs of the community at large. El Non-profit organization having state,regional,or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes El /No IZ If yes, please select the organization. ❑ American Cancer Society El American Diabetes Association ❑ United Way Cl American Heart Association El Children's Miracle Network ❑ N/A ❑ Other Supporting Documentation Please type and attach the following information with your application.Applications without the following attachments will be incomplete, and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). The Virginia Beach Fire Foundation operates exclusively to support the mission of the Virginia Beach Fire Department by funding community risk reduction and safety education programs, improving firefighter safety and quality of life, and preserving the department's history. The VBFD offers a Child Safety Seat program to the citizens of Virginia Beach, and it focuses on hazard-mitigation by educating caregivers on the best practices for child safety seat selection, use, and installation. Within the VBFD, two employees hold instructor certifications from Safe Kids and another seven employees are certified Child Passenger Safety Technicians. In addition to their regular duties, these employees perform child safety seat checks and provide installation assistance at no cost to the public. Furthermore, the two instructors host regional training courses to train new Child Passenger Safety Technicians. Despite the social distancing restrictions imposed by Covid-19, the VBFD assisted caregivers with the installation of hundreds of child safety seats in the 2021 calendar year and is already on track to check and install nearly a thousand more during 2022. As the new tourism season approaches, the VBFD will be providing its services to a much larger population and the Child Safety Seat program will serve to provide an even greater impact on the community. Page 2 of 5 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding(name, organization,501(c)(3)status,the amount of funding provided),and the program/project implementation time line (No more than 1,000 words). The Virginia Beach Fire Foundation is a 501(c)(3) non-profit with a tax-exempt status on file. It seeks funding in the amount of$5,000 to support the facilitation and instruction of the Child Passenger Safety Course offered by the Virginia Beach Fire Department to aspiring CPSTs. The funds will be used to procure course training materials including hands-on tools, child safety seats for classroom demonstrations, a Training Seat III by Innovative Concepts, and two sets of CPS Course Training Dolls by Huggable Images. The funding will also be used to pay for public outreach of the program by supporting public education events and child safety seat checkup events. Upon receipt of the grant, the Virginia Beach Fire Foundation will purchase the training supplies immediately. The VBFD offers CPS courses, including recertification courses, quarterly.The CPS instructors within the VBFD will ensure all City of Virginia Beach CPSTs are familiar with the new training materials by offering in-person, hands-on training as well as hybrid online/in-person continuing education courses. The training materials would then be incorporated for use beginning with the next CPS course to be offered by the VBFD. The operating budget for the VBFD does not include funding to support the purchase of new training aids for the CPS course, nor can the VBFD allocate funding for the procurement of marketing and display materials for public outreach like Child Safety Seat checkup events. However, child safety seat manufacturers continually innovate and incorporate new safety technologies in their products and caregivers expect CPSTs to be fully knowledgeable about all makes and models of child safety restraints and devices. CPSTs, both new and old,require continuing education to stay informed of these products to better serve the citizens they're helping. Additionally, caregivers benefit from up-to- date educational brochures and informational fliers detailing best practices relating to the selection, use, and positioning of child safety seats. 96%of the VBFD operating budget is needed to support personnel costs, leaving only 4% available to pay for items such as uniforms, personal protective equipment, firefighting equipment, medical supplies, training, office supplies and our information technology needs. It is for this reason the Virginia Beach Fire Foundation was formed. To properly train its employees, volunteers, and the members of neighboring communities, the Virginia Beach Fire Department requires the support and financial assistance from non- profit organizations and community assistance grants. Page 3 of 5 Furthermore, to fulfill liability wavier requirements when assisting caregivers with their child safety seats, the Code of Virginia state legislation § 8.01-226.5 "Immunity for installers and inspectors of child restraint devices," requires installers to meet the training standards established by the National Highway Traffic Safety Administration of the U.S. Department of Transportation. The Child Passenger Safety Course was designed by Safe Kids and it is the nationally recognized certifying organization for CPSTs. To support the growing needs of the community, the VBFD must train additional employees and volunteers to become CPSTs and the Virginia Beach Fire Foundation is requesting financial assistance to aid in this endeavor. 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnership has existed. As a 501(c)(3) non-profit, the Virginia Beach Fire Foundation relies exclusively on donations and grants to support the mission of the Virginia Beach Fire Department. The City of Virginia Beach does not fund its programs, services, or projects. The City of Virginia Beach discontinued supporting the certified technician course for firefighters in 2004 due to financial and time requirements placed by the National Highway Traffic Safety Administration and Safe Kids Worldwide. In 2004, senior leadership in the Virginia Beach Fire Department instead decided to endorse a two-day, non-certified course to be offered to fire recruits, with a commitment to provide all personnel with an annual update and refresher course but this training was never implemented. Between 2021 and 2022, the Life Safety Education office within the Virginia Beach Fire Department allocated funding from its budget to certify its personnel and it covered the certification costs for five firefighters. Now,the VBFD has a total of seven employees with technician certifications and two employees hold instructor certifications. The Virginia Beach Fire Foundation requests financial assistance in the amount of$5,000 to purchase the equipment, training materials, and supplies necessary to assist the Virginia Beach Fire Department in expanding the Child Safety Seat program for the community and to cover the cost of certifying additional Child Passenger Safety Technicians for the City of Virginia Beach. Page 4 of 5 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date, and how long the funding partnership existed. No, the City of Virginia Beach has not provided the Virginia Beach Fire Foundation with any funding despite its best efforts to support the mission and goals of the Virginia Beach Fire Department. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant(CPA),within 12 months of receiving the grant award from the City. Organization Name: Virginia Beach Fire Foundation (Printed Name) Authorized Agent: Lorna Trent (Printed Name) Authorized Agent: President (Printed Title) Authorized Agent: Xtta (Sign re) Date: 3/29/2022 Page 5 of 5 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Virginia Beach Fire Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE I PROVIDER (use additional sheets if _ L needed) Gentry's Accounting • 0 Accounting and/or preparer of and Tax Services your tax return 1 776 Princess Anne Rd #0 Virginia Beach, VA 23456 id _ Financial Services (include Towne Bank 0 lending/banking institutions and 2539 Princess Anne Rd, current mortgage holders as Virginia Beach, VA 23456 a• •licable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 0‘14 Lorna Trent 4/7/22 APPLICANT'S SIGN URE f PRINT NAME DATE r4rr yL`� ip• ,, � 7.) 1 - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $550,000 from the Fund Balance of the Parking Enterprise Fund to Undertake a Pilot Project for Microtransit Services in the Resort Area MEETING DATE: April 19, 2022 • Background: On June 2, 2020, the City Council adopted the Resort Area Strategic Action Plan (RASAP) 2030 Plan. Section 4.1 of the RASAP describes a mobility plan for the Resort Area. This plan focuses on the transportation network, vehicular circulation, shared mobility, and pedestrian safety. This Resort Area Mobility Plan (RAMP) began in August 2021 . Along with stakeholder input, the RAMP calls for enhanced shared mobility services at the Resort to improve circulation. The Resort stakeholders desire to explore a one-year pilot program to test microtransit services. If approved, the City intends to execute an agreement with the Freebee company to offer these services in the Resort Area. The budget for the pilot program is an amount not-to-exceed $550,000. • Considerations: The project will offer point-to-point service by driving customers to businesses and attractions within the Resort Area. The microtransit program will open access to all Resort Area businesses through an on-demand app or ride hailing. This project will test whether microtransit services will reduce the demand for single occupancy vehicles, promote the "park once" strategy to reduce traffic congestion, and reduce the reliance on curbside parking, which would open those spaces to other user groups. The drivers serve as ambassadors and mobile concierges for Virginia Beach. It is environmentally friendly, promoting clean energy and reducing carbon emissions with 100% battery-powered vehicles. Microtransit services will be offered in the off season. Future appropriations after the one- year pilot period will be determined by the program's evaluation that will measure the following: • Average Passenger Wait Time • Vehicle and Passenger Safety • Cost per Passenger • Community Acceptance • Average Trip Length and Duration • Compatibility with Mass Transit • Total Ridership and Demand • Impact on Vehicle Circulation • Operational Up Time Funding for this program pilot is recommended to come from the net position of the Parking Enterprise Fund. According to the FY 2020-21 Annual Financial Report, the balance is $5.4 million. • Public Information: City Council was briefed on the pilot project on February 8th, 2022. Various stakeholders and associations at the Resort were briefed on the project as well. This item will be advertised using the normal agenda process. • Alternatives: If not approved, the pilot project will not commence. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development ►;r" . City Manager: 1 AN ORDINANCE TO APPROPRIATE $550,000 FROM 2 THE FUND BALANCE OF THE PARKING 3 ENTERPRISE FUND TO UNDERTAKE A PILOT 4 PROJECT FOR MICROTRANSIT SERVICES IN THE 5 RESORT AREA 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $550,000 is hereby appropriated from the fund balance of the Parking 11 Enterprise Fund, with revenue increased accordingly, to the FY 2021-22 Operating 12 Budget of the Department of Economic Development to undertake a pilot project for 13 microtransit services in the Resort Area. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C. me Office CA15753 R-1 March 30, 2022 p Y► CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $8,868 from the Virginia Beach Library Foundation for the Edgar T. Brown Local History Archive MEETING DATE: April 19, 2022 • Background: The Edgar T. Brown Local History Archive (the "Archives") of the City of Virginia Beach's Department of Public Libraries (the "VBPL") documents the creation, development, and ongoing activities of Princess Anne County/Virginia Beach. VBPL's role is to actively pursue the acquisition, preservation, processing, and digitization of, and enhance the community's access to, its history through community records and books. To continue fulfilling this mission, the Virginia Beach Library Foundation (the "Foundation") has approved a grant in the amount of$8,868 to purchase two upright frost- free freezers and two new flatbed photo scanners. The frost-free upright freezers will be used to implement best practices for storing archival photograph negatives and microforms. VBPL currently stores 45 linear feet of photograph negatives and microforms in the Archives, including the City Photographer's negatives. These materials need to be kept at freezing temperatures to prevent the deterioration of the chemicals used to create them. Otherwise, the chemicals will break down to the point that handling the materials will become a health hazard, and they will have to be discarded. The new flatbed photo scanners will replace the current scanners used in the Archives. The hardware and software of the current scanners are no longer supported by the manufacturers, and this can present usage challenges. The new scanners will allow staff to digitize content more efficiently and improve the quality of the images. This will make the collection easily available to the community in both VBPL's physical buildings and the digital library online. • Considerations: The Foundation is donating the funds for the purchase of the equipment rather than purchasing the equipment and donating it to VBPL so that both the freezers and scanners will be City assets. Costs to maintain the equipment will be covered by VBPL's existing operating budget. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $8,868 FROM THE VIRGINIA BEACH LIBRARY 3 FOUNDATION FOR THE EDGAR T. BROWN LOCAL 4 HISTORY ARCHIVE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $8,868 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with miscellaneous revenue increased accordingly, to the FY2021-22 11 Operating Budget of the Virginia Beach Public Library to purchase equipment for the 12 Edgar T. Brown Local History Archive. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget ind Management Services Cif orn y's Office CA15752 R-1 March 30, 2022 /8"7 7 ii t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Surplus Funding from the Virginia Department of Transportation to Capital Project #100529, "Elbow Road Extended Phase II-B," and to Transfer Local Funding from Capital Project #100529, "Elbow Road Extended Phase I I-B," to Roadways Projects within the FY 2021-22 Capital Improvement Program MEETING DATE: April 19, 2022 ■ Background: The Regional Surface Transportation Program (RSTP) was originally authorized in December 2015 in the Federal transportation bill, "Fixing America's Surface Transportation", also known as the FAST Act. In November 2021 , the RSTP program was re-authorized under the new Federal transportation bill, Infrastructure Investment and Jobs Act (IIJA). The RSTP program is intended to help local sponsors fund regionally significant highway and transit projects. RSTP is part of the core Federal- aid Highway program. It is not a grant program, and funds are only available on a reimbursement basis with an 80% / 20% split between Federal and State funds. The RSTP program does not require a local match. The City received $2,369,289 ($1,895,431 Federal and $473,858 State) of Surplus RSTP funding from the Hampton Roads Transportation Planning Organization (HRTPO) RSTP Reserve Account for the Elbow Road Extended Phase II-B project, Capital Project #100529. The Elbow Road Extended Phase II-B project is an active, existing RSTP project eligible to accept the RSTP Reserve Funds from the HRTPO Reserve Account. Project #100529 will improve Elbow Road, an existing two-lane major arterial, from Meadow Crest Way/Margaret Drive to the Chesapeake City line, by providing two lanes of the ultimate four-lane divided roadway. The Elbow Road Extended Phase II-B project is currently fully funded within the most recently adopted Capital Improvement Program. The addition of the $2,369,289 in RSTP funds will result in the project being overfunded. Local funds on the project can therefore be transferred to other Roadways projects in need. It is requested that $400,000 in local funds be transferred from Elbow Road Extended Phase II-B to Capital Project #100246, "Lesner Bridge Replacement" (previously project 2-168)to cover unrealized state revenue on the project. The remaining $1,969,289 is requested to be transferred from Elbow Road Extended Phase II-B, CIP 100529 to Shore Drive Phase IV, CIP 100383. Shore Drive Phase IV is an active project within the Roadways CIP, and the additional local funds will be used to cover cost increases related to inflation. • Considerations: The surplus RSTP funds need to be programmed to an eligible and active RSTP project and obligated prior to April 2023 or the funds will be de-allocated and returned to the RSTP reserve account. The Elbow Road Extended Phase II-B project is an existing RSTP project and meets the eligibility requirements of the surplus RSTP funding. Additional funds are needed for Lesner Bridge Replacement to cover anticipated revenue that was not received from the Commonwealhth. Shore Drive Phase IV is an active project within the Roadways CIP and is in need of funding to cover cost increases related to inflation, and this project's total programmed cost will be increased by $1,969,289. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Location Maps (3); CIP Detail Sheets(3) Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works City Manager69 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION TO CAPITAL PROJECT #100529, 4 "ELBOW ROAD EXTENDED PHASE II-B" AND TO 5 TRANSFER LOCAL FUNDING FROM CAPITAL PROJECT 6 #100529, "ELBOW ROAD EXTENDED PHASE II-B" TO 7 ROADWAYS PROJECTS WITHIN THE FY 2021-22 8 CAPITAL IMPROVEMENT PROGRAM 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 1) $2,369,289 in surplus RSTP funds is hereby accepted and appropriated to Capital 14 Project #100529, "Elbow Road Extended Phase II-B," with revenue from the 15 Commonwealth and federal governments increased accordingly; 16 2) $400,000 in locally funded appropriations to date are hereby transferred from 17 Capital Project #100529, "Elbow Road Extended Phase II-B," to Capital Project 18 #100246, "Lenser Bridge Replacement;" 19 3) $400,000 in estimated revenue from the Commonwealth is hereby reduced from 20 Capital Project #100246, "Lenser Bridge Replacement," based on actual revenue 21 collection from the State; and 22 4) $1,969,289 in locally funded appropriations to date are hereby transferred from 23 Capital Project #100529, "Elbow Road Extended Phase II-B," to Capital Project 24 #100383, "Shore Drive Phase IV." 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. 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LOCATION MAP ELBOW ROAD PHASE IIE CIP 100529 Prepared by P.W./Eng./Eng.Support Services Bureau 03/31/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Rd Phase II N I W -60-- E „i, SITE s S R SNORE o r v. Z "7. 5�. `� IFtit U Chesapeake Bay o z VIRGINIA= • - r tm'64 Jw /� 1li illi N r ,,,,,,,'4 wil.o, N.BLVD I Is -�_�s 4,;,,„; l�NNi. a,. L. �o �opciiirsloirniiiiiiiii-... l ih j o� � lip 1i�1�r %I t11-%Ai. G' ♦so ,� Virtimariti4 )//,theillar.g. �1Iitii vRR �tTj►� �►� ►� 0 ig*•.a...4, r�ll, i ttxw� tom _7-- i /4/..____ ,, Ni ,,,,„-ir:ifivtilt/1�� '� _ ,,r/��„1 . ,__1_ SHORE DR- .,._�mt.� CII.V1/48<I� III *1 �� L nnhaven\ �` I• Imit �►Id a- Y 11ttill < -0,44�'\F'St 1i11 ,4 s /► Inlet NW ixAirp 470A, .4011i- mCtk Qom, C) 00 g' , Ca'. 1 (2,v s r -- =__ ___ ___ : qr e L O V kailiiil iiIIIIP C ,O) --- L S „. _ - Viviammo, . ---/ / /t piosi 0------tt -- go__ -t. ,k, Air' '''' ',7 ,cri,1-,C7-;-) SW"'toff Voiliw'4\-47*z LOCATION MAP s� SHORE DRIVE CORRID R o IMPROVEMENTS - PHASE IV 1��\ CIP # 100383 X:\CADD\Projects\ARC Files\AGENDA MAPS\Shore Drive Phase I Prepared by P.W./Eng./Eng.Support Services Bureau 08/17/2021 N I I W -.6' E m S `1 t REDR ` Z m " et t A , _ `' .'-N'41! vp ---9' ‘,„ ._ i Chesapeake Bay C__1 41 4 / D c__:, .,r- , ,c1/2, , Q .iit-° \ c_,00,,,, ___ /, , ..v <‘,.pAt\' /-. • -.. \`16,3' ,, J -rP- ' \ > Liii-- 6') Alibb, ,, / , =Co 4 \,,-' i r._____ j.____L ---,.,v, E „lit, cluirim , �c -� �� . ESQ -- ,4N-N,� • ynnhaven Inlettzl 4ii.:„ %, „„, • -�.� _,z -- id; --------- 3 '� to irotoi-or--po;�+ /-" ` / i' Q OR -r�,err, % i'Q 4.11111;frIWI 1114\ „/ - AO N 4,11114161111111 1 LOCATION MAP / Lynnhaven River LESNER BRIDGE / REPLACEMENT PROJECT / CIP 100246 I la (21 Feet (.' 0 250 500 1,000 Prepared by P.W./Eng./Eng.Support Services Bureau 05/26/21 X:\CADD\Projects\ARC Files\AGENDA MAPS\Lesner Bridge Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100529 'Title:Elbow Road Extended Phase II-B !Status:Approved Cate:o :Roadwa s De•artment:Public Works Pro'ect T •e Pro'ect Location Pro ect T •e:New Facil Construction Ex•anslon •istrict:Centerville Princess Anne Pro:rammed Fundin: Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 47 625 000 47 625 000 - - - - - - Descri•tion and Sco•e VDOT UPC#15828(Original Elbow II UPC). This project will provide two lanes of the ultimate four-lane right-of-way footprint on Elbow Road from Meadow Crest Way/Margaret Drive to the Chesapeake City Line at Stumpy Lake,a distance of approximately 1.3 miles.The two lanes constructed in Phase II-B will be the future eastbound lanes in the ultimate four-lane divided roadway configuration.The typical roadway section includes an 8-foot wide sidewalk,two dedicated on-road bike lanes,LED street lights,landscaping and noise barriers where warranted on both sides of the roadway in their ultimate locations.Also included is replacement and realignment of two lanes of the existing sub-standard Elbow Road Bridge. Pur•ose and Need This project will provide an alternate route for traffic using Princess Anne Rd.,Independence Blvd.,Lynnhaven Pkwy.,and North Landing Rd.Traffic volumes currently range from 12,500 to 16,000 vehicles per day and by 2040 is expected to reach 31,000 to 36,000 daily.Without this project,traffic will overcrowd Lynnhaven Pkwy.,and Princess Anne Rd.Between Indian River and Salem Road,the current roadway geometry is sub-standard and there is a history of crashes along the route.Based on 2018 crash data,this segment of Elbow Road is ranked#22 out of 289 urban road segments experiencing high crash rates over a 3-year period. Additionally,the existing bridge needs replacement due to a sufficiency rating of 64.1.Project will provide a geometrically acceptable roadway and a new bridge for two of the road's four lanes. Histo and Current Status Based on a needs analysis as a backlogged project,the overall"Elbow Road Phase II"first appeared in the FY 1985-86 CIP as a City administered project.It re-appeared in the FY 1991-92 CIP.In FY 1995-96,the project was accepted as a VDOT project.In the FY 1997-98 CIP,this project was reduced in scope with the City constructing a two-lane portion of the ultimate four-lane section,"Elbow Road Extended-Phase I,"to meet the projected opening date of the New Castle Elementary School.In FY 2002-03,"Elbow Road Extended-Phase II-A"was created to facilitate advance construction of a two-lane road connec tion between Salem Road and Princess Anne Road.In FY 2003-04,the City assumed all project responsibilities from VDOT.The Revenue Sharing awards on this project have been delayed per actions taken by the Commonwealth Transportation Board in December 2020,acting upon power granted by Chapter 56 of the Virginia Acts of Assembly,Special Session I.To prevent construction delays,the City will use fund balance on this project in place of delayed revenue collection from the Commonwealth until such time as a new SYIP is adopted that restores the full amount of Revenue Sharing to this project.In the interim,this detail sheet reflects to full amount of Revenue Sharing from the Commonwealth in its Means of Financing.For more information,please see the CIP ordinances section.This project will receive additional funds through an Attachment C transfer in FY 2021-22. O•eratin:Bud:et Im•act Comments Based on FY19-20 VDOT maintenance rates per lane mile of roadway. FY22 FY23 FY24 FY25 FY26 Total Operating Budget Impacts - - 30,563 31,174 31,798 Total FTE - - - - - Project Map Schedule of Activities . ,. •'�. •• � I � Project Activities From-To Amount A- pis z,-,-* ,,,, �- -�' "� �_ i Design 07/96 12/20 6,870,000 ,8:.:',._. i A4.91 , : .,�. . r, ... " `',- ,� Site Acquisition 03/06-05/21 5,000,000 1 " # },�,;2.r_�' '', Private Utility Adjustments 01/21-07/21 500,000 {�+ - NI,..144.,, ' '.'4° . C,-„'' Construction 02/22-02/24 31,125,000 ...,, . ,,,' �_or. SL,T,r'•, Street Lights 03/23-02/24 925,000 ,,,., _ --'s:. 4 ; %`.�.. N. Contingencies 07/96 02/24 3,205,000 4ii r µ`,. �,:,,., ,,_ .° Total Budgetary Cost Estimate: 47,625,000 t ;r ... • Means of Financing Amount - - ; Funding Subclass _1 Local Funding 22,348,940 - •''' r' �' a Federal Contribution 13,508,973 .�'n5 ` .- - r 4��r -I -•' ' s . ::'. State Contribution 11,767,087 - ,-7.' — -- ''':- A-) Tit.W 1Sittia--- ' ' - • Total Funding: 47,625,000 Fiscal Year 2021-2022 55 Capital Projects Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100381 Title:Shore Drive Corridor Improvements Phase III !Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:Lynnhaven Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 32,166,881 30,901,426 - 776,380 489,075 - - Description and Scope This project begins at Vista Circle,near the eastern end of the Lesner Bridge,and extends eastward through the Great Neck Road intersection and terminates at Beech Street.This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections;improve storm drainage;include eight-foot sidewalks and on-street bike lanes;and enhance the corridor with aesthetic elements such as landscaping and lighting.Existing aerial utilities will be relocated to a combination of underground locations at intersections and to new overhead locations along the rest of the project corridor. Purpose and Need Shore Drive is a major east-west arterial In the northern portion of the City.The existing roadway carries 33,700 vehicles per day with a current capacity of 36,900 vehicles per day.Without this project,the roadway will continue to experience vehicular,bicyclist,and pedestrian safety incidents;and restrict traffic volume due to inadequate stormwater drainage. History and Current Status This project first appeared in the FY 2007-08 CIP.On January 9,2007,City Council established this project with the appropriation of FY 2005-06 fund balance from the General Fund.This project received$5 million in Revenue Sharing from the Commonwealth in FY 2012-13 and an additional$5 million from this source in FY 2017-18. This project was delayed for two years,FY 2012-14,until the Shore Drive Drainage Preliminary Design was completed.Design is underway and will include additional stormwater requirements identified in the preliminary design,supplemental agreements to the design contract,and coordination with the"Eastern Shore Drive Drainage CIP Project."This project will receive additional funds through an Attachment C transfer in FY 2021-22.The Revenue Sharing awards on this project have been delayed per actions taken by the Commonwealth Transportation Board in December 2020,acting upon power granted by Chapter 56 of the Virginia Acts of Assembly,Special Session I.To prevent construction delays,the City will use fund balance on this project in place of delayed revenue collection from the Commonwealth until such time as a new SYIP is adopted that restores the full amount of Revenue Sharing to this project.In the interim,this detail sheet reflects to full amount of Revenue Sharing from the Commonwealth in its Means of Financing.For more information,please see the CIP ordinances section. Operating Budget Impact Comments Maintenance costs are estimated based on$10,000 per mile for multi-use trails.The total project length is 1.2 miles. FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - 12,000 12,240 Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 06/11-12/20 2,970,464 Site Acquisition 12/18-01/22 4,800,516 1 X.,,... Private Utility Adjustments 05/20-01/22 1,824,247 �. •,d'; 23. Construction 02/22-08/25 18,242,469 40,, . ,. ,r : ' Street Lights 09/25-12/25 1,263,490 .r• K '1 wR '- -,.)1 Landscaping 01/26-04/26 141,433 41f -& ,,�• - - �, ,-p-5 Contingencies 06/11-04/26 2,924,262 I.:**�'' _ j - ,; ' � N ,�-�rei Total Budgetary Cost Estimate: 32,166,881 A f� '- r, ?o Means of Financing 4 T t r M GM ,..k `% ' a - -- FundingSubclass Amount � -le" t� ► 7 k �, !� ,lE ! .��_ _ Local Funding 22,166,881 � ^ �'„W:4 • ?'' , State Contribution 10,000,000 Total Funding: 32,166,881 Fiscal Year 2021-2022 96 Capital Projects City of Virginia Beach,Virginia Fiscal Years 2019 through 2024 Capital Improvement Program Project:2168000 Title:Lesner Bridge Replacement I Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type: Rehabilitation/Replacement District:Bayside,Lynnhaven Programmed Funding Programmed Appropriated Budgeted Non Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 115,754,867 115,754,867 0 0 0 0 0 0 0 Description and Scope VDOT UPC#97737.City Council has identified this project as a top priority of the City's.This project will replace the existing Lesner Bridge with a facility that is capable of handling six lanes of traffic in the future.The replacement structure will be striped for two lanes of traffic,with 10 ft outside shoulders and a 10 ft multi-use path in each direction.The proposed bridge will be designed to provide minimum 45 ft vertical clearance and 150 ft minimum horizontal clearance at navigation channel span.This project includes upgrades to the East Stratford Road and Vista Circle intersections,design and construction of waterman's walk,and aesthetic upgrades within the project limits. Purpose and Need The Lesner Bridge is nearing the end of its useful life.The existing bridge structure is currently rated as poor and may be compromised if corrective action is not taken.Without this project,the bridge may have to be posted for weight limits.The current roadway capacity is 27,300 vehicles per day.The traffic volume of 42,000 vehicles per day is projected to increase to 50,000 vehicles per day in 2026.This project is on the City's Master Transportation Plan and the Regional Transportation Plan,is identified in the Shore Drive Transportation Study,and has been endorsed by the Shore Drive Adviso Committee. History and Current Status This project first appeared in the FY 2002-03 CIP and is included in the Governor's Transportation Plan.Lesner Bridge was identified for replacement through the City's bridge condition inventory and the Shore Drive Transportation Study.In VDOT's final FY2013-14 six-year plan,the State shifted prior VDOT funding to out years,but requested the City maintain the prior schedule.The City Council approved substitution of contractual obligation debt on August 13,2013 so the project could be bid for construction,with agreement that VDOT would provide$10,453,200 in FY 2014-15,$13,000,000 in FY 2016-17,and$14,220,117 in FY 2017-18 and the local debt would be decreased in those years accordingly.Since the original agreement the programmed State funding has slightly shifted,the State's contribution to reduce the use of contractual obligation debt has been programmed at$2,043,912 in FY 2016-17 and$25,176,205 in FY 2017-18.The FY 2017-18 CIP fully reduced contractual obligation debt appropriated for this project. Operating Budget Impacts FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Total Operating Budget Impacts 0 25,778 26,294 26,820 27,356 27,903 Total FTE 0.00 0.00 0.00 0.00 0.00 0.00 Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/11-06/18 300,000 Design 10/05-08/13 11,500,000 Site Acquisition 07/11-07/16 5,767,807 Private Utility Adjustments 12/12-11/16 1,000,000 Construction 06/14-09/18 94,632,654 Contingencies 10/05-09/18 2,554,406 ,,rt ..... ••f f ,f lj, ) 1 Total Budgetary Cost Estimate: 115,754,867 SHORE ' • Means of Financing ,lir ,r ;F _• _. Funding Subclass Amount ;: ,vd..��. _ �•': Local Funding 22,950,733 5 r BR '"r�. Federal Contribution 11,203,072 + State Contribution 81,601,062 , . _ _ , , _ _ ,_44- .,. =- ,_ Total Funding: 115 754,867 Fiscal Year 2018-19 73 Capital Ij t5' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $130,000 to the Office of Emergency Management's FY 2021-22 Operating Budget for Personnel Expenses MEETING DATE: April 19, 2022 • Background: The Office of Emergency Management (OEM) has a shortage in salaries and fringe benefits. This is a result of multiple reclassifications and salary increases necessary in the competitive job market. The reclassifications and salary increases occurred after the FY 2021-22 budget submission. In FY 2020-21, one FTE was added to the OEM budget to initiate the City's formal Security Program. At that time, the position was classified as a placeholder position, a Public Safety Analyst I (G.22). Human Resources assessed the responsibilities of the position and made a formal classification recommendation. Based on best practices in the field and the level of responsibility and oversight associated with the position, the formal position title of Security Program Manager (A.18) was assigned. This created a budget shortfall of $90,019. In addition to the funds needed for the Security Program Manager, OEM also needs an additional $39,981 to have sufficient funds for payroll for the end of the year. The shortfall is attributable to multiple reclassifications and hiring efforts. Other additional payroll costs in the current fiscal year include the deployment of the Deputy Emergency Management Coordinator to Mayfield, KY to provide onsite support in the aftermath of a devastating tornado costing $8,253 that will be reimbursed in full. OEM estimates $2,000 for anticipated deployment costs in their revenues annually. A transfer is necessary to support the salary costs that OEM's budget cannot absorb for the rest of FY 2021-22. The request is for$130,000 to cover the office salaries and fringe benefits. • Considerations: A transfer of $90,019 from Capital Project #100392, "City Security Enhancements," is needed to provide the Security Program Manager's salary and fringes. A transfer of$39,981 is needed to cover personnel expenses in OEM for the rest of the fiscal year. OEM will seek reimbursement from the Hampton Roads Incident Management Team for the $6,252 related to deployment costs, and once received, this amount will be allocated to OEM salaries. • Alternatives: Without the transfer of funds, the Department of Finance will not be able to post the remaining payroll actuals to the Office of Emergency Management. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Emergency Management City Manager: 1 AN ORDINANCE TO TRANSFER$130,000 TO THE OFFICE 2 OF EMERGENCY MANAGEMENT FOR PERSONNEL 3 EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 (1) $90,019 is hereby transferred from Capital Project #100392, "City Security 9 Enhancements," to the FY2021-22 Operating Budget of the Office of 10 Emergency Management to cover personnel expenses related to the Security 11 Program Manager's salary and fringes; and 12 13 (2) $39,981 is hereby transferred from salary savings in the General Fund to the 14 FY2021-22 Operating Budget of the Office of Emergency Management to cover 15 personnel expenses. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget d Management Services i y Att rney's Office CA15759 R-1 April 6, 2022 1-', A r1i1%, iiSi -L" r -,..,..„..-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $233,843 to the Department of Emergency Communications and Citizen Services for the Purchase of Replacement Computers MEETING DATE: April 19, 2022 • Background: The Department of Emergency Communications and Citizen Services (ECCS) is requesting to transfer $233,843 to cover the cost of replacing all 60 of ECCS's workstations with new, high-performance workstations. ECCS's last computer upgrade was in FY 2017-18. The source for this transfer is vacancy savings within the department. • Considerations: The primary function of ECCS' workstations is to run Motorola Premier One CAD. This system allows ECCS to receive and process emergency and non-emergency calls. The system also assist in dispatching police, fire, EMS, or animal control, Text-911 services, and ShotSpotter services. The new workstations will provide a more powerful processor. The current quote for these computers is $233,843. • Public Information: Normal agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Communications and Citizen Services City Manager: 1 AN ORDINANCE TO TRANSFER $233,843 TO THE 2 DEPARTMENT OF EMERGENCY 3 COMMUNICATIONS AND CITIZEN SERVICES TO 4 PURCHASE REPLACEMENT COMPUTERS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $233,843 is hereby transferred within the General Fund to the Operating Budget 10 of the Department of Emergency Communications and Citizen Services to purchase 11 approximately 60 new workstations. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS LEGAL SUFFICIENCY: Budget an Management Services Ci tt rney's Office CA15760 R-1 April 6, 2022 K. PLANNING 1. NORTH INDEPENDENCE STORAGE, LLC / WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9 (formerly District 4 —Bayside) Deferred from April 5, 2022 RECOMMENDATION: APPROVAL OSb 9LE 00£ SZZ OSl SLS'L£0 load immi =mom m 6uiplm8 6wuoZ s paenaino8 aouepuedepui z 1.g1. suo6Alod Apadad , Al&M 311 `aBeao 4 �s a�uapuadapul PoN aps %%. 0 \ oia' 7NV � �d0 � 01�J700o o�)\ Q <\\ 0 �4)6' '20' \S'i.c)1-' Z El v 7-‘ --- tti\ \''\), , , ‘0. sZto 0 '.. '.0 30 6 ‘ - 0 64.0 6 N;14ex 0 1,1:1 .0., ?_40\ coS31(91-00/46:60 „c)„.„. \,‘‘ N\to.4e, 6/ ,,,\ . \ o ;s: a,,,c4.-- , .7, \ \_ e0.0.P 0 / 9,,e4, . ,, ,/4). /it> ) 00- 0 - ' .=-6, 0 0 ;-'--\\ * c\> 0 ,\N Yb I / / \) :'Ck ' ' / / / 4" - , cS:L,N°0 C 0 - Ls 4.*, � Zed 4 4,47214) I-. te ---NN Nitires , . \ N . =� x- or 110);, ,,de o z4d , \it ze 0 Nif)4 ,u,_ 42,0-iedrv- .,....9 e Ado ieila,:y1:- bio- 'lle ie <> AI it. , \ _ .aV-, , o Z-I � � Z �d� �� ,` / paso 0 . It 044 _ 4") 9 ° ) ‘ -< 5 1ZI� 10 ^gam*l Z�W N � fo7r, 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 19, 2022 • Background: The application was deferred by the City Council on April 5, 2022, in order to provide the applicant time to make several modifications to the request, specifically related to the height and size of the building. The northeast building height adjacent to the residences has been reduced from 34 feet to 22 feet and three inches. In addition, the size of the building has been reduced from a total floor area of 90,000 square feet to 79,320 square feet. A 15-foot wide Category IV landscape buffer is required adjacent to the apartment district northeast of the site; however, the applicant has revised the plans to increase this buffer from 15 feet to 25 feet. Lastly, as recommended by Staff& Planning Commission, one of the access points have been removed, as depicted on the revised conceptual site plan. The attached Staff report was updated to provide the revised building elevation to the City Council. As these revisions were added subsequent to the Planning Commission public hearing, they are noted in the report with underlined text. 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 79,320 square foot building will vary in height, from 22 feet and three inches 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 North Independence Storage, LLC Page 2 of 4 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 22 feet and three inches, 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 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. The revised plans depict the closure of one of these access points. 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 North Independence Storage, LLC Page 3 of 4 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 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 April 7, 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 April 7, 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 April 7, 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. North Independence Storage, LLC Page 4 of 4 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. • 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) Revised Concept & Elevation Plans (large prints) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r0 City Manager: co Applicant North Independence Storage, LLC Property Owner Wells Fargo Agenda Item Planning Commission Public Hearing March 9, 2022 Cityof City Council District District 9,formerly Bayside 3 Virginia Beach Request Conditional Use Permit (Mini-Warehouse) Staff Recommendation "J=�gSlr ----\- \--l �` Approval sch�rR�d Perre'Sre" . Way neo„tevard Qel µof...-,O Hook La First Court Road Staff Planner Church Point Rae* za Marchelle Coleman �° Th °�h r,.1 r;:i `�e sDdi' •• Location Shell Road N - Brea hers sr°n, 1612 Independence Boulevard `tee ; .,n q°da �° G P I N c`,,, ,� 4 0,, \ ,.„ = 14792394141 °' „P. k t 11,, g\de ma a 4d� a 4' Site Size ,,`�` ' `°sue °, L n Y �c. d,. „,.. 1.30 acres s N °o$9L 0 ;, AICUZ % w Less than 65 dB DNL ,d a ) G�� Watershed / v Chesapeake Bay Existing Land Use and Zoning District ;►74 f.7 ; Vacant former financial institution/ B-2 —, 4 . .., Iti �:.• , Community Business — ,', 4r 4, • 0 i- : Surrounding Land Uses and Zoning Districts i _ ,,dc ,•..� �4, ks4hCa•�.'. 'T North "e - ':e.r* /It o Townhouses/A-12 Apartment • ,; . p. South . o`g , . .i Independence Boulevard e s.434- _ . °a , ' ,, Restaurant, shopping center/ B-2 Community y� �4„�lt• • } Business ' ,• %„ { .. _� f .. `= `; te' • .^.�.i '� East . .• .0$ ij, v t,• , ,�" - •�v, Auto sales/ B-2 Community Business N. ` t,oce 4 .,, \,r'' f6 : '. - tl°. West -1`;'''.,• =Q , '�`` 6 �A•1 Shopping center/ B-2 Community Business - _ yr•. ,d°+ . t/_ \\,- `1: 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 façade 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 1210 B2 P ( .Afk. •>•., Zoning History �►�' Ai;% , RVio.<4`�f: R,b # Request • . ti., i . ~.. 1 CUP(Auto Sales)Approved 05/14/1996 3 �• CUP(Automotive Repair Facility)06/13/1995 'r .9` ` �,`..9P-, 2 CUP(Church)Approved 03 11 2008 �,., 2 ez _ ,fit?-• .� :. .1 p p / / Y ,o 5 :� CUP(Church)Approved 10/02/2001 B2 �� `1• °•`'' k'` 3 STC(Portion of Pleasure House Road)Approved B2 • / 1 s. j 02/23/1997 $ y4 $ i�� 4 CUP(Car Wash Facility)Approved 09/24/1996 �+= a�� R�.s �'� CUP(Used Car Sales)Approved 05/14/1996 R10 .0,,R .B e,� .6 *go '.Ri:S 7.) 5 CUP(Auto Service Station)Approved 09/13/1994 Q2 �� 6 CUP(Automotive Repair Facility)Approved 06/13/1995 810 \ .. '.1) • R10 R10 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 Z—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 a 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. North Independence Storage, LLC Agenda Item 3 Page 6 Conceptual Site Plan . \ r W = m O. , , u W W ~ +0d1�, W CO W a V�� h G r� psrs • (_2 1 . -. - -X, 4 / n/ h 1 _ / , � _ i ' t. / i' ? 1/774- 4 . -�-� ` ... N _ N y� >,,/ N E\ 4 SP ^' a 1 x � V j j Ai I.. LL p / di 0 Q .'/ O l� C� f k D o J ! - - \ / j `\ / , _�__ . 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North Independence Storage, LLC Agenda Item 3 Page 11 Proposed Sign Rendering 1612 1 612 757 555-5555 - __.L_ i 1- -1 North Independence Storage, LLC Agenda Item 3 Page 12 Site Photos ice:-IIIIIRIIIii yir • - • '� EE k Or , %...... .am. Ia.- ' ilk .. „t.riwmiran . .......... ... .Air i ill r _ , ti North Independence Storage, LLC Agenda Item 3 Page 13 Site Photos ,�� .,•, I :._.. • ti 10 1 ♦{ a�-y- F • • 1.4. Ys+ -ice yj 4 �; ,f YK L ..+a i-W . �-_y1 i ` ►C 1 1. v J — \. ..... A - .".., AY . r. Y� r ! • Q6 S` I-, f • ,I `.•1. ii ► .fit Alia s' i`ray. f: ` ' -�s ——J IS a i 30r41111111 _. 4tall III,1 .i . a 4 • • 11 I `I ``, North Independence Storage, LLC Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement City of Vvginm Routh 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?In 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. Revised 11 09.2020 1 North Independence Storage, LLC Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement "NB Planning&Community Development Known interest by Public Offidal 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-collateraliration,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes No • If yes,identify the company and individual providing the service. 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?I 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 ❑ 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?■Yes 0 No • If yes,identify the purchaser and purchaser's service providers. North Independence Storage,LLC Revised 11.09.2020 2 I P a g e North Independence Storage, LLC Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement .\4713 co oft 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. WPL,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?in 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. t67• V)- Applicant Signature Thomas Minton,Managing Member Print Name and Title DLc., t'rf 202__ Date Is the applicant also the owner of the subject property? ❑Yes Ii No • if yes,you do not need to fill out the owner disclosure statement. con 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 No changes as of u c• 3/15/2022 'f` ,fi oifrit •^K Marchelle L. Coleman Revised11.09.2020 31 Page North Independence Storage, LLC Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement 04,o:l u1,1itt thUdi 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?I 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revueo 1 i 09.2020 SI North Independence Storage, LLC Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement Ntii3 CON ofVt'p Planning&Community D ve1opment Owner Services Disdosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • if yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes El 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 III No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land pbnner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?a Yes 0 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 MI No • If yes,identify the firm and individual providing the service. ReV.SEc.i ,v 2.;20 6 E: North Independence Storage, LLC Agenda Item 3 Page 19 Disclosure Statement Disclosure Statement VB _Planning Development Community ' Developmentf 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?li Yes ❑ No If yes,identify the firm and individual providing legal the service. vJ e115 to 1-G..,, 4--- - .3--0lie- Lairs o►-\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. fiab Owner Signature Robert S.Pardon-Vice President Print Name and Title 12/14/2021 Date Revised 11.09.2020 7 I P e€ r 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<baysideas@gmail.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: Marchelle L.Coleman Subject: 1612 Independence Blvd Date: Tuesday,March 8,2022 3:37:15 PM Attachments: p0C254.pdf 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 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: +17574724331©mymetropcs.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: JyndaCalbrassbellvb.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 r( f2J\K>ila gnu can KA NI. lod p m L PDI Lid Cit1 Sc ; -� 04-0) r,PC f\•( plcid 6an ,ey 11101 `Z7,. ).4 ks-0-2.20 4444_ 4,7 k-IikooA - Is-7+7 S'5 ger R0,0\-C Na L\ln DciAsAsy) tvitap; —1.57-(cca-3xss .c,\AL\f CP ki v1/4( 0 rirui6 Y)4 069 tA,--)el . e.„---211oN boAk..-t teL - API/LAMA LOA1511 ri 36 a (7,o)si6, t1575 � \At L1`1M Ntlel�or \/ot e,c,(A) U k'D\AIN)is -1 °Ntk-00Q--3 I IS`Tik .12 -2ci 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 -2 -. 1c.,6(...vi ?err./ z.4 . 63?-- a3GY Oteo 4ANW‘ViNGtia k,U13(6 kAckete4ePACJI- catv& k'Poe-Gar\ kip, - sk,(91 E.C. 1Kd� ��c+� 1i C. )6OS )melt 13ly� vsk t14 Ss �l� ? ►p. d ddg 4 A 1 e I C I D I r 1 r 1 a I H I 1 I J I K I 1- 1 M I N I Cl I P SITE STATISTICS h PROPERTY DESCRIPTION: 1612 INDEPENDENCE BOULEVARD GPIN 1479-23-9414-0000 / '0,100 SFL4 �. & NOM TOTAL PROPERTY AREA: 56,781 SQUARE FEET 1.304 ACRES PROPERTY ZONING: B-2 COMMUNITY BUSINESS po.i�oe.r �� / Wpvn6�sr■utanr� �► R vvw:r+n-as-�e€a I M9OWr.22 r M.*&iw , W = o fr.Wok IrI,po .1 ,,, BUILDING SETBACKS: 35'FRONT ,on.e a-12 I / `i r, V LI S 0'SIDE >/'%_ / Ire z 5 0'REAR 1 �C\ W m .uenf � emVr,ny Se�.(1+� CI cc Q 15'BUFFER ALONG RESIDENTIAL .< / (''''''•« me �P ,� Z Q o Z fV PARKING SETBACKS: 10'LANDSCAPE BUFFER I `� \ W j p 5 H / nrCA2Efi 111,IV MOMFE +� 0 O 4 m MAXIMUM BUILDING HEIGHT: NO MAXIMUM IN B-2 I�� / \ % / B' -.2,PROVVEV Z_w; X 35'MAX 100'ADJACENT TO A-12 s�,,r�, , Z o, [il I A N , ,• / W wo^�w H AICUZ CHARACTERISTICS: NO CRASH POTENTIAL ZONE r:t a" i I / l7 Z^p LESS THAN 65 dB Ldn NOISE ZONE I / / 1-„ ,} p, ,M / Ny o d DEVELOPMENT DATA 1 , / I vi N" • BUILDING FOOTPRINT: 29,500 SQUARE FEET(52.0%) �1• HETTTIT.X,MAXINVIII I \ / W *a I O o PARKING REQUIRED: 6 SPACES REQUIRED -' PARKING PROVIDED: 7 SPACES Ex / / \ 1 N 1 INCLUDING 1 HANDICAP )9" n X N , p¢ J- PLUS 3 LOADING 'I N PROPOSED Q n I SELF STORAGE ;" " a DRAWING COMPONENTS �•>�w.� 29,O1 SF f —__- RA wF �wnM�.a.bpi.p� f g — .o„>ary.sorry xc 6 • PROPERTY LINE FROM WPL PHYSICAL SURVEY /,...eo.TFr,onw s/ FOOTPRINT savnEx�9re41011 n • ZONING(B-2)FROM CITY GIS MAP(07/06/201 5) IA °a','pa;_p.°'1S3°1 �j 3 STORIES N � ~ ,' ^' a • PROPERTY SETBACKS FROM CITY ZONING(SECTION 902) I \\o • LANDSCAPE REQUIREMENTS FROM CITY ZONINGI lTIVA�9rAu[AM% f •fir/�� e atcManwaxpKctsr �q?aoraxrlur THIN f rrocrnExnraaMt A IR1.____ : ��owwucMcwr 1 / ,a,M , , a� I r Rf: ,ern:� xw s'on `(� 5AA1RlllIK7N91UE8 =1.^ sp.,, uv-v-nzar. �1 f,Ob0SF a lmxp e.e ,..1r au � ��o IOC o°I1 / I\ /I \ /I lrw,n„w,.,r;ra^rc:x:e:vnol 1 ryry 1\/ I\/I \/I OFFICE ,�? _ '"' e_a 9 te0,` ,(-` ,. hJ� I v V I V tm' •cst 1_1/\ i/\i /\1 ' f �F+uae�esaF+eeEs 5' ` I I\ 1/\I /l l p(� I.. \ L \I / \I .!1'FRONT MAD sor7SACK L coo I- I iti Drawing Scale 1 MEASURE ■ ............. ......... —— LL.� _— �1ritJr ... .. _I 1 INCH SCALE:ARK 1'..23' ■ 1/2 INCH SCN.E'1��50' Jzrro a-T9 R.o 4. N USEROAD \ '.... . tech: CAD .. proj mon.: amt INDEPENDENCE Fworu�® plat rel.: rla�srAeueeasnv ,:° a a BOULEVARD lob ref,: ,/dRltlMlIYGWY 001771GBL6STOP&ON r PIT16,FCYE roRt7MIv ;-:- ,.... ,.,._ :.:'' •'.......,.. _..:.:.,�n,a.. ., ,;.,..,v .,.. In/09: /wMvrlxu-at PKc1P ny 4r- x r0.no 221-0329 ., .. -_. -.. ... -...._ - p sheet or I.i 1 F.' z»orb,°,o 25 75 r..e PR-2 GRAPHIC 8¢ALE A I a I C I 0 I E I r I 0 1 N I I J I K I t. I M I N I Cl 1 P PLOT DATE:April 7,2022 PLAN STATUS:USE PERMIT EXHIBIT 221 n7290c44n1nao020Aq 0111111 , ..._ . .e . I I • I .., I I I (7) 11 , 0 Ill MilliMilMil w@)c' g','7z •.4, . s. ..0. ' •..4t4 > 2 I .... •....e," . . . . . 4 . . ... r (t•f, (.9 , ±- ---i. --:=-• . ..,..• • . 400,,,,,,. .,... 1 • -'Ailithijk •'• '''"'"A libli —-. . ' ' . -.., i I p • ,, .. 4'• ._. • • ...„ ....._.,...... . 200'-0" ,- c FRONT ELEVATION :, t, tC, lal . -46,,,•_,;,. :....tif,,, ,.,.,. .. --.. • • - ,.. Li.,< ;•-- .,-* .c, >,:c2 ':,,k%,. , '''''', ' al., ...'t.. 1-1 .',1'49' ',,'"'s l'r'''1').."''.1-4..' 71,,,,'.*,1 ,•••i. ,.,,, ...,.-•., .1..•,.,...,..lvi": ..... ,. ........,.s._ ._ .. , ,...i. •.f'.., -A.:-' '''',' 4.''..vi'',' ' --r-- ' •.+4,4.-. ,.., •li.... 4 t'-`. ..•-.),`4`' '''-".• .' , "... .'''',:,,.:." " 81 ....„ . 0 , '51,7...:.,'et.7 -•-,' k." ' . ..:* : .,,.- ,. .4.: : 0 CE.••.,.4...›-' '.'. "•"+"1.h......,:, . 4, ', ,.....,., ','.,.,.4., .7 4,„ . ;,,,. . li.'':.,';..;•‘. —i CC I. •.., -•.';•11,,,,,.„6,...,,..,..zi j ilitt, . li.,4;..ZN .. tt- . ,.. 1.. 4 iottfmes; It: .7",,,r,-,... ,.'",' .. -Air ,r„,4 04,Ali' '" 200'-0" REAR ELEVATION • ',1 . . . . . ,...issisam......„-..........„ ,,,..., , •„, .... Ocean Storage R B A MIS,DRAWINGS CAN NOT RI LAID,CORI M. t RAC ID OR WWI:WM,IN WHOSE OR HARI ORMANNt R WHAT SO[VTR WITHOUT Pt WISDOM 4/7/2022 f ROM RRA ARCHICICTS .., . 8 7.1 f ....._ < ...e itoral, • _u- k . _____ --•. bu. ,co- -..._._ I.._ 1 . 0,5,i li; • •?., \''' 's x w • ' ''' •,.?1.••••. 7;'.•fr , --- l' I EJ .cal ,....u‹. ":„..,,,.. •,..„. •.,.. . ,,_. , .,,.,...• ,• . ,:....„ ..,..t , o -----, ••r•N• ,-,,,. .:..,,, • , ......, ,,, ,., r. 204'-10'' LEFT ELEVATION •_.__ ___ , . . ,, --x— , i . _ 1 I III- , 5 , 7A I . , ' . • ..; ,,.; . 4Y. ., . , . o:• ce .-. . t -).-,',1 . ,,,;, ..i,. VI,. VIII: Ji 4 6,1 •... . -4.-,,,—.:4 4 ?4-.04....: 4 . ,....... ,... ,....,.:g 1 g , ... , . 204'-10" < s RIGHT ELEVATION iwillkm... . . ..,, •.. ... . Ocean Storage R B A rIltSf DRAWINGS CAN NOT 1St USED,COM, r wart 0 OR RIPROOUCED IN WHIM OR PART 4/7/2022 ORMANNfR WOW SO(VIA WITHOUT IN WISSION f ROM ARA ARCNITTCIS L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION AUDIT COMMITEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL 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 WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* 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 TCheliusgvbgov.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=ec 1310b9efa9274a4199cfc8a0a0426b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 19, 2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/05/2022 PAGE: 1 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 DNCOMOO L O C N Y L ON OUW S T HCEEME S S E OE I H R YBS S ER N N CITY MANAGER'S BRIEFING A. PARKING PROGRAM Kathy Warren, (Requested by Council Member Branch) Deputy Director— Economic Development B. GLOBALINX Kathy Warren, (Requested by Mayor Dyer) Deputy Director— Economic Development C. FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) 1. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth's Attorney 2. EMERGENCY COMMUNICATIONS AND Jada Lee,Director CITIZEN SERVICES 3. EMERGENCY MEDICAL SERVICES Chief Edward Brazle 4. FIRE DEPARTMENT Chief David Hutcheson 5. POLICE DEPARTMENT Chief Paul Neudigate 6. SHERIFF AND CORRECTIONS Sheriff Kenneth Stolle 7. JUVENILE AND DOMESTIC RELATIONS Honorable Philip C. COURT Hollowell,Chief Judge D. FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) I. INFORMATION TECHNOLOGY Kevin Fairley, Information Services Administrator II- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y VI. A-E F. MINUTES 1. INFORMAL and FORMAL SESSION APPROVED 11-0 Y Y Y Y Y YYYY Y Y March 15,2022 2. SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y March 22,2022 3. SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y YYY Y Y Y March 28,2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/05/2022 PAGE: 2 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 COMO 0 L O C N Y L ONOUW S T HCEEME S S E OE I H R YBS S ER N N G. PUBLIC COMMENT 1. LITTLE ISLAND PARK FISHING 1 SPEAKER RESTRICTIONS 2. REVISED CITY COUNCIL SPEAKER 1 SPEAKER POLICY(Requested by City Council) H. PUBLIC HEARING 1. LEASES OF CITY PROPERTY 1 SPEAKER 3rd Street and Atlantic Avenue Intersection of 2°d Street and Atlantic Avenue 2. SALE OF EXCESS CITY PROPERTY 1 SPEAKER 108 Lavergne Lane/ 108& 112 Air Station Drive J.1. Ordinance to AMEND City Code Section:2- ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y 20 re Regular City Council Meetings CONSENT (Requested by Mayor Dyer,Vice Mayor Wilson,Council Members Berlucchi,Branch, Henley,Holcomb,Jones,Moss,Rouse,and Tower) J.2. Ordinances to APPROVE and ADOPT a City Council: a. Policy re Council Member communications ADOPTED,BY 10-1 Y Y Y Y Y YYY Y Y N to all City Employees(Requested by Mayor CONSENT Dyer,Vice Mayor Wilson,Council Members Berlucchi,Branch,Henley,Holcomb,Jones, Moss,Rouse,and Tower) b. Revised Policy re Council Member sponsored DEFERRED TO 10-1 Y Y Y Y Y YYY Y Y N forums/events(Requested by Council Member APRIL 19,2022 Berlucchi) J.3. Ordinance to AMEND the Ordinance ADOPTED 10-I Y Y Y Y Y YYY Y Y N creating the Atlantic Park Community Development Authority (Adopted September 7,2021) J.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 ADOPTED,BY 10-1 Y Y Y Y Y YNY Y Y Y each of the next four(4)summers with Dolphin CONSENT Run Condominium Association, Inc. at 3' Street and Atlantic Avenue b. One(1)year with four(4)one(1)year renewal ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y options with C.B.M.Co.(t/a Schooner Inn)at CONSENT 2nd Street and Atlantic Avenue J.5. Resolution to AMEND the Cost Allocation ADOPTED 10-0 Y Y Y Y Y YYY Y A Y Agreement between the Cities of Chesapeake, Hampton,Newport News,Norfolk,Portsmouth, Virginia Beach,and the Transportation District Commission of Hampton Roads CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/05/2022 PAGE: 3 B E AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A DNCOMO 0 L O C N Y L ONOUWS T HCEEME S S E OE I H R Y B S S ER N N J.6. Ordinance to EXTEND the date for satisfying ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y the conditions re closing an unimproved CONSENT 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 J.7. Ordinances to AUTHORIZE temporary encroachments into a portion of City-owned: a. Property known as Boat Basin and Drainage ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y Area of the Eastern Branch of the Lynnhaven CONSENT 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 DEFERRED 11-0 Y Y Y Y Y YYY Y Y Y five feet(5')drainage easement,located at the INNDEFINITELY,BY rear of 6 Caribbean Avenue re construct and CONSENT 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') ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y Alley between 181h Street and 191h Street, CONSENT 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) J.8. Ordinance to AUTHORIZE the City Manager ADOPTED 11-0 Y Y Y Y Y YYY Y Y Y 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/EXECUTE a Memorandum of Understanding (MOU) with the Virginia African American Cultural Center, Inc. re expenditure of funding from the Virginia Tourism Authority J.9. Ordinance to APPROPRIATE$2.3-Million to ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y the FY 2021-22 Water and Sewer Capital CONSENT 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" CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/05/2022 PAGE: 4 B AGENDA R H ITEM# SUBJECT MOTION VOTE 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 0 N 0 U W S T H C E EME S S E OE I H R Y B S S ER N N J.10. Ordinances to ACCEPT and APPROPRIATE: a. $37,174 from the Virginia Department of Social ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Services and to the FY 2021-22 Human Services CONSENT 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 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Services and to the FY 2021-22 Human Services CONSENT Operating Budget re promoting Safe and Stable Families Program c. $145,000 from the Virginia Department of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Emergency Management via the U.S. CONSENT Department of Homeland Security, Federal Emergency Management Agency (FEMA) re replacement of outdated or obsolete items for Police Special Operations Unit K.1. BAKER ROAD PROPERTIES, LLC for a APPROVED,AS 9-2 Y Y Y N Y YNY Y Y Y Conditional Change of Zoning from I-1 Light PROFFERED 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) K.2. NORTH INDEPENDENCE STORAGE,LLC DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y / WELLS FARGO for a CUP re mini- APRIL 19,2022,BY warehouse at 1612 Independence Boulevard CONSENT DISTRICT 9(formerly District 4-Bayside) K.3. GEORGI STOYANOV for a CUP re short DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y term rental at 4005 Atlantic Avenue,Unit 115 INDEFINITELY,BY DISTRICT 6(formerly District 6-Beach) CONSENT K.4. JESSE RYAN for a CUP re short term rental APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y at 909 Pacific Avenue, Unit C DISTRICT 5 CONDITIONED,BY (formerly District 6-Beach) CONSENT K.5. Ordinance to AMEND Section 111 of the CZO DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y to ADD terms related to Energy Storage MAY 17,2022,BY Facilities;Ordinance to ADD Section 225.02 to CONSENT the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO 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) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/05/2022 PAGE: 5 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 O M O O L O C N Y L ON 0 U W S T H C E EME S S E OE I H R Y B S S ER N N L. 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 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 WETLANDS BOARD 5/31 MEMORIAL COMMITTEE Appointed: Ervin R.Cox No Term CLEAN COMMUNITY COMMISSION Appointed: James Maury Hill 3 Year Term 4/5/2022-3/31/2025 DEVELOPMENT AUTHORITY Appointed: Ronnie L.Parker Unexpired thru 8/31/2022 +4 Year Term 9/1/2022-8/31/2026 HEALTH SERVICES ADVISORY BOARD Appointed: Robin N.Anderson 3 Year Term 4/5/2022-3/31/2025 VIRGINIA BEACH TOWING ADVISORY Appointed: BOARD John W.Drescher Unexpired thru 5/31/2023 M. UNFINISHED BUSINESS M. NEW BUSINESS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/05/2022 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 0 C A D N C OMO 0 L O C N Y L ON OUW S T H C E E ME S S E OE I H R Y B S S E R N N O. ADJOURNMENT 8:45 PM • OPEN DIALOGUE 4 SPEAKERS 9:00 PM