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HomeMy WebLinkAbout3-7-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA -EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large C*41A4t VICE MAYOR ROSEMARY WILSON—District S SQ` MICHAEL F.BERL UCCHI—District 3 04 "`, -` 'yip BARBARA M.HENLEY—District 2 N.D. "ROCKY"HOLCOMB—District 1 U f \ ,j '5 ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS-HAMMOND—District 4 ' '`- JENNIFER ROUSE—District 10 '*+ • s•``° JOASHUA F. 'JOASH"SCHULMAN—District 9 °` °o. M."°" CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR—LYND ON S.REMIAS March 7, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 1:00 PM A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Sue C. Cunningham, Real Estate Assessor II. CITY MANAGER'S BRIEFINGS A. SHERIFF REQUEST FOR BODY WORN CAMERAS 2:00 PM Peter Wallace, Director—Information Technology Kevin Fairley, Information Services Administrator—Information Technology B. COMMUNICATIONS—REQUEST FOR ENHANCED ENGAGEMENT 2:45 PM Tiffany Russell, Director—Communications C. FREEBEE RIDE SHARE PROGRAM 3:15 PM Kathy Warren, Deputy Director—Economic Development III. CITY COUNCIL LIAISON REPORTS 3:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM A. HAMPTON ROADS CHAMBER OF COMMERCE TRIP TO CHARLESTON, SC B. CITY COUNCIL AIDES V. CITY COUNCIL AGENDA REVIEW 4:45 PM VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION The Reverend Ashley Urquidi All Saints Episcopal Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS February 21, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Virginia Wesleyan University Women's Soccer Team 2. PROCLAMATION—Public Procurement Month I. PUBLIC HEARINGS 1. CAFÉ FRANCHISE AGREEMENTS a. Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe re sidewalk café b. Harvest VB, LLC, t/a Harvest Café re sidewalk café c. Colonial Inn VB, LLC, t/a Fishtails Café re boardwalk café d. Arnav 138 Hotel, LLC,t/a Barclay Towers Café re boardwalk café e. Guru Parab, LLC, t/a Ocean's 14 Café re boardwalk café f. Ocean Fifteen, Inc., t/a Mediterranean Grill Café re sidewalk café g. Virginia George Co., Inc., t/a Dough Boys Cafe re sidewalk café h. Beach Conveniance, LLC, t/a The Sweet Spot Cafe re sidewalk café i. G 21st Street, Inc., t/a Guad's Café re sidewalk café j. La Herradura,t/a La Herradura Café re sidewalk café k. PizzaManiac, Inc., t/a 204 Pizza Café re sidewalk café 1. Oceanside Investment Associates, LP, t/a Hemingway's Restaurant& Café re boardwalk café m. Young Veterans, LLC, t/a The Bunker Brewpub Café re sidewalk café n. 27th F&B, LLC, t/a Ocean 27 Cafe re boardwalk café o. 27th Street Hotel, LLC, t/a The H Bar Cafe re boardwalk café p. 3107 Atlantic, LLC,t/a North Beach Bar& Grill Café re boardwalk café q. 3501 Atlantic, LLC, t/a Cabanas Café re boardwalk café r. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk café s. Mahi Mah's, LLC, t/a Mahi's Café re boardwalk café 2. LEASE OF CITY PROPERTY—Dolphin Run Condominium Association, Inc. Approximately 0.09 acres at 3rd Street and Atlantic Avenue (Terms of Lease Amendment) 3. DECLARATION AND SALE OF EXCESS CITY PROPERTY 10' utility easement across 3500 Dam Neck Road to Lumos Networks, Inc., d/b/a Segra (Install and maintain underground fiber optics facilities) J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to APPROPRIATE $75,000 from the Tourism Investment Program (TIP) Fund Balance to the FY 2022-23 Non-Departmental Operating Budget re grant to the Virginia Museum of Contemporary for the Art Boardwalk Art Show (Requested by Mayor Dyer and Council Members Berlucchi and Remick) 2. Ordinance to APPROPRIATE $35,000 from the Tourism Investment Program (TIP) Fund Balance to the FY 2022-23 Non-Departmental Operating Budget re grant to the Coast Defense Study Group,Inc.,for relocation of U.S.S.Iowa Battleship Barrel to Cape Henry / JEB Fort Story (Requested by Vice Mayor Wilson and Council Members Remick and Taylor) 3. Ordinance to DECLARE 2,529 square feet of City property at 2640 Highland Meadows Way to be in EXCESS of the City's needs and AUTHORIZE the City Manager to exchange same to James and Wanda Cooper 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned property for up to five (5) years at Virginia Beach Farmers Market, Building 3, Space 14, re Gilly's Creamery,L.L.C. 5. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School,B.F.Williams/Bayside 6th, and Bayside High School Deferred from September 6, 2022, October 18, 2022 and February 21, 2023: Version 1 (Requested by the Virginia Beach School Board) Version 2 (Requested by Vice Mayor Wilson) 6. Ordinance to ACCEPT a donation and installation of playground equipment with value of $60,337.94 from the Pembroke Meadows Civic League re Pembroke Meadows Lake Park 7. Ordinance to TRANSFER $300,000 of General Fund Vacancy Savings to the FY2022-23 Planning Department Operating Budget re work associated with the update of the Comprehensive Plan L. PLANNING 1. TONY SAADY & LINA A. SAADY / TONY J & LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST & 5020 ATLAS GROUP, LLC for a Variance (Section 4.1(m) of the Subdivision Regulations) re subdivide two (2) lots at 5020 Lord Felton Lane&parcel directly west of 5020 Lord Felton Lane DISTRICT 9 (formerly District 4 - Bayside) Deferred from February 7, 2023 RECOMMENDATION: APPROVAL 2. RUDOLF DEVELOPMENT GENERAL BOOTH, LLC & ATLOW GROUP, INC / RUDOLF DEVELOPMENT GENERAL BOOTH, LLC (PROPERTY OWNER) for a Modification of Proffers to a Conditional Change of Zoning and Conditional Use Permit re indoor recreational facility at property directly east of 1700 General Booth Boulevard&north of Edison Road DISTRICT 5 (formerly District 7 - Princess Anne)Approved June 10, 2003 RECOMMENDATION: APPROVAL 3. 1900 VIRGINIA BEACH BLVD., LP for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-2 Community Business District and Conditional Use Permit re bulk storage yard at 1900, 1902, 1904, 1906, and 1912 Virginia Beach Boulevard; 303, 305, 307, 309, 311, 313 and 315 Maxey Drive DISTRICT 6 (formerly District 6 - Beach) RECOMMENDATION: APPROVAL 4. SXCW PROPERTIES II, LLC /VICTOR ALPHA ASSOCIATES, LLC for a Conditional Use Permits re car wash facility & automobile service station at 5480 Virginia Beach Boulevard DISTRICT 4 (formerly District 2 - Kempsville) RECOMMENDATION: APPROVAL 5. VB BTS II,LLC/VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8 (formerly District 5 - Lynnhaven) Deferred from February 7, 2023 RECOMMENDATION: APPROVAL 6. An Ordinance to AMEND City Zoning Ordinance (CZO) Section 2004 re dimensional and other requirements in the Historic Kempsville Area Overlay District(Sponsored by Council Member Berlucchi) RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=eaff6135659e6cd1376ca128a4e8ea498 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 7, 2023. 1 MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 1:00 PM A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Sue C. Cunningham, Real Estate Assessor II. CITY MANAGER'S BRIEFINGS A. SHERIFF REQUEST FOR BODY WORN CAMERAS 2:00 PM Peter Wallace, Director—Information Technology Kevin Fairley, Information Services Administrator—Information Technology B. COMMUNICATIONS—REQUEST FOR ENHANCED ENGAGEMENT 2:45 PM Tiffany Russell, Director—Communications C. FREEBEE RIDE SHARE PROGRAM 3:15 PM Kathy Warren, Deputy Director—Economic Development III. CITY COUNCIL LIAISON REPORTS 3:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM A. HAMPTON ROADS CHAMBER OF COMMERCE TRIP TO CHARLESTON, SC B. CITY COUNCIL AIDES V. CITY COUNCIL AGENDA REVIEW 4:45 PM VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION The Reverend Ashley Urquidi All Saints Episcopal Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS February 21, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Virginia Wesleyan University Women's Soccer Team 2. PROCLAMATION—Public Procurement Month 041A•BEA0 S t 00 W1R Noo '� rotta tton "Omar the public purchasing profession plays a critical role in the efficiency of both government and business;and purchasing professionals make important contributions to assure the resourceful use of ta.vayer dollars by providing efficient service while maintaining the highest standards;and Wheraar local state,and-federal-purchasing professionals are responsible for maintaining and monitoring billions of dollars'worth of goods and.services every year,directby influencing national and international economies;and Wientar the City of Virginia Beach Purrhasing'Division plays a significant role in high caliber quality, effuuncy,and effectiveness,as well as strategic,logistical and operational-support to all departments of the City of'Virginia Beach•and in addition to the purchase of goods am(services, the Purchasing'Division engages in or has direct responsibility for functions that include executing contracts;developing procurement strategies;assisting the SWAM Business Office in achieving the aspiration goals for minority,women and service disabled veteran owned businesses participation in City contracts developing working relationships with departments in the organization,'and Wherear the Purchasing'Division of the City of Virginia Beach recognizes,supports and practices the Public Procurement Values and guiding Principles of Accountability,Ethics,Impartiality,Professionalism, Service,and Transparency,established by NIGP 4he Institute for Public Procurement,as fundamental.tenets of the public purchasing profession;and- Whereas: the City of Virginia Beach Purchasing(Division has received'numerous accreditation awards, achievement of excellence awards from the National-Institute of Governmental-Purchasing,the National Procurement Institute,and the Vniversal Public Procurement Certification Council and %4 enar ?he National Institute of Governmental Purchasing has proclaimed the month of;larch as National Procurement Month to further eland the awareness of the role of purrhasing professionals to government officials,general'public,businesses;and corporate leaders. Nast;ZXasfors I,Rpbert M.'Booby''Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: March 2023 Pu6Cu Procurement 9vlontfi InVirginia Beach,and call upon the citizens and members within government agencies public and private institutions,business,and in'Virginia Beach to recognize the achievements the Purchasing Department have made as we honor Public Procurement Month. In Witness 4M4eroof I have hereunto set my hand and caused the Official Seal of the City of'Virginia'Beach, Virginia,to be affixed this Seventh'Day of March Two Thousand q6e M.'Bogy'(Dyer Mayor { !}f tf I. PUBLIC HEARINGS 1. CAFÉ FRANCHISE AGREEMENTS a. Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe re sidewalk café b. Harvest VB, LLC, t/a Harvest Café re sidewalk café c. Colonial Inn VB, LLC, t/a Fishtails Café re boardwalk café d. Arnav 138 Hotel, LLC,t/a Barclay Towers Café re boardwalk café e. Guru Parab, LLC, t/a Ocean's 14 Café re boardwalk café f. Ocean Fifteen, Inc., t/a Mediterranean Grill Café re sidewalk café g. Virginia George Co., Inc.,t/a Dough Boys Cafe re sidewalk café h. Beach Conveniance, LLC, t/a The Sweet Spot Cafe re sidewalk café i. G 21 St Street, Inc.,t/a Guad's Café re sidewalk café j. La Herradura, t/a La Herradura Café re sidewalk café k. PizzaManiac, Inc., t/a 204 Pizza Café re sidewalk café 1. Oceanside Investment Associates, LP, t/a Hemingway's Restaurant& Café re boardwalk café m. Young Veterans, LLC, t/a The Bunker Brewpub Café re sidewalk café n. 27th F&B, LLC, t/a Ocean 27 Cafe re boardwalk café o. 27th Street Hotel, LLC,t/a The H Bar Cafe re boardwalk café p. 3107 Atlantic, LLC,t/a North Beach Bar& Grill Café re boardwalk café q. 3501 Atlantic, LLC,t/a Cabanas Café re boardwalk café r. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk café s. Mahi Mah's, LLC, t/a Mahi's Café re boardwalk café 2. LEASE OF CITY PROPERTY—Dolphin Run Condominium Association, Inc. Approximately 0.09 acres at 3rd Street and Atlantic Avenue (Terms of Lease Amendment) 3. DECLARATION AND SALE OF EXCESS CITY PROPERTY 10' utility easement across 3500 Dam Neck Road to Lumos Networks, Inc., d/b/a Segra (Install and maintain underground fiber optics facilities) ♦NiA'BE�C "74� u fi PUBLIC NOTICE The Virginia Beach City Council will hold a PUBUC HEARING at 6:00 P.M. on Tuesday, March 7, 2023, in the City Council Chambers regarding proposed café franchise agreements for City-owned property located at the following locations: 1. 600 Atlantic Avenue,to Atlantic Lobsta,LLC,t/a Mason's Famous Lobster Rolls Cafe,for a Sidewalk café. 2. 809 Atlantic Avenue,to Arnav 138 Hotel,LLC,t/a Barclay Towers Café,for a Boardwalk café. 3. 1401 Atlantic Avenue,to Guru Parab,LLC,t/a Ocean's 14 Cafe,for a Boardwalk café. 4. 1508 Atlantic Avenue,to Ocean Fifteen,Inc.,t/a Mediterranean Grill Cafe,for a Sidewalk café. 5. 1700 Atlantic Avenue,to Virginia George Co.,Inc.,Va Dough Boys Cafe,for a Sidewalk café. 6. 1718 Atlantic Avenue,Unit 102,to Beach Conveniance, LLC,t/a The Sweet Spot Cafe,for a Sidewalk café. 7. 1718 Atlantic Avenue,Unit 101,to Harvest VB,LLC,Va Harvest Café,for a Sidewalk café. 8. 200 21st Street,to G 21st Street,Inc.,t/a Guad's Café, for a Sidewalk café. 9. 2006 Atlantic Avenue,to La Herradura,t/a La Herradura Café,for a Sidewalk café. 10. 204 22nd Street,to PizzaManiac,Inc.,Va 204 Pizza Café, for a Sidewalk café. 11. 2101 Atlantic Avenue,to Oceanside Investment Associates,LP,t/a Hemingway's Restaurant&Café,for a Boardwalk café. 12. 211 21st Street,to Young Veterans,LLC,t/a The Bunker Brewpub Café,for a Sidewalk café. 13. 2701 Atlantic Avenue,to 27th F&B,LLC,t/a Ocean 27 Cafe,for a Boardwalk café. 14. 2705 Atlantic Avenue,to 27th Street Hotel,LLC,t/a The H Bar Cafe,for a Boardwalk café. 15. 2809 Atlantic Avenue,to Colonial Inn VB,LLC,t/a Fishtails Cafe,for a Boardwalk café. 16. 3107 Atlantic Avenue,to 3107 Atlantic.LLC,t/a North Beach Bar&Grill Café,for a Boardwalk café. 17. 3501 Atlantic Avenue,to 3501 Atlantic,LLC,t/a Cabanas Café,for a Boardwalk café. 18. 415 Atlantic Avenue,to Fogg's Seafood Company,t/a Waterman's Surfside Grille Cafe,for a Boardwalk café. 19. 615 Atlantic Avenue,to Mahi Mah's,LLC,t/a Mahi's Café, for a Boardwalk café. The purpose of the hearing will be to obtain public comment on the proposed franchise agreements on City property. Copies of the franchise agreements are on file in the City Clerk's office.The City Council Chamber is located on the second floor of the City Hall building(Building#1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Lisa Bleakley,Resort Management Office,by calling(757)385-4800. 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://vbgov.webex.com/vbgov/onstage/g.ohOMTID=eaff6 135659e6cd1376ca128a4e8ea498 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 7,2023. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired,call:TDD only 711(TDD-Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-FEBRUARY 26,2023 ( •L°',u r,.wo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Nineteen Franchise Agreements for Outdoor Cafés in the Resort Area PUBLIC HEARING: Mach 7, 2023 MEETING DATE: March 21, 2023 • Background: The City Council adopted revised regulations for outdoor café franchises on October 20, 2020 ("Revised Regulations"). The Revised Regulations simplify the outdoor café franchise program and allow more flexibility for outdoor café owners and operators to keep pace with current standards in construction, design and materials. The City has developed a franchise agreement for the regulation of outdoor cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an outdoor café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following three entities are seeking one-year franchise agreements: (1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for operation of a Sidewalk café; (2) Harvest VB, LLC t/a Harvest Café, for operation of a Sidewalk café; and (3) Colonial Inn VB, LLC, t/a Fishtails Cafe, for operation of a Boardwalk café. The following sixteen entities have successfully operated outdoor cafés pursuant to either one-year or five-year franchise agreements and are seeking franchise agreements for five-year terms: (1) Arnav 138 Hotel, LLC, t/a Barclay Towers café, for operation of a Boardwalk café; (2) Guru Parab, LLC, t/a Ocean's 14 Cafe, for operation of a Boardwalk café; (3) Ocean Fifteen, Inc., t/a Mediterranean Grill Cafe, for operation of a Sidewalk café; (4) Virginia George Co., Inc., t/a Dough Boys Cafe, for operation of a Sidewalk cafe; (5) Beach Conveniance, LLC, t/a The Sweet Spot Cafe, for operation of a Sidewalk café; (6) G 21st Street, Inc., t/a Guad's Café, for operation of a Sidewalk café; (7) La Herradura, t/a La Herradura Café, for operation of a Sidewalk café; (8) PizzaManiac, Inc., t/a 204 Pizza Café, for operation of a Sidewalk café; (9) Oceanside Investment Associates, LP, t/a Hemingway's Restaurant & Café, for operation of a Boardwalk café; (10) Young Veterans, LLC, t/a The Bunker Brewpub Café, for operation of a Sidewalk café; (11) 27th F&B, LLC, t/a Ocean 27 Cafe, for operation of a Boardwalk café; (12) 27th Street Hotel, LLC, t/a The H Bar Cafe, for operation of a Boardwalk café; (13) 3107 Atlantic, LLC, t/a North Beach Bar & Grill Café, for operation of a Boardwalk café; (14) 3501 Atlantic, LLC, t/a Cabanas Café, for operation of a Boardwalk café; (15) Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe, for operation of a Boardwalk café; and (16) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a Boardwalk café. • Public Information: A public notice was published in The Beacon on February 26, 2023. ■ Attachments: Ordinance, Disclosure Forms, Café Location Maps and Photos, and Plans and Elevations Recommended Action: Adopt Ordinance Submitting Department/Agency: Resort Management Office 0A, City Manager: /;/�� 1 AN ORDINANCE GRANTING NINETEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 on October 20, 2020 ("Revised Regulations"); and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, the following three entities are seeking one-year franchise 24 agreements: (1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for 25 operation of a Sidewalk café; (2) Harvest VB, LLC, t/a Harvest Café, for operation of a 26 Sidewalk café; and (3) Colonial Inn VB, LLC, t/a Fishtails Cafe, for operation of a 27 Boardwalk café; and 28 29 WHEREAS, the following sixteen entities have successfully operated outdoor 30 cafés pursuant to either one-year or five-year franchise agreements and are seeking 31 franchise agreements for five-year terms: (1) Arnav 138 Hotel, LLC, t/a Barclay Towers 32 café, for operation of a Boardwalk café; (2) Guru Parab, LLC, t/a Ocean's 14 Cafe, for 33 operation of a Boardwalk café; (3) Ocean Fifteen, Inc., t/a Mediterranean Grill Cafe, for 34 operation of a Sidewalk café; (4) Virginia George Co., Inc., t/a Dough Boys Cafe, for 35 operation of a Sidewalk cafe; (5) Beach Conveniance, LLC, t/a The Sweet Spot Cafe, 36 for operation of a Sidewalk café; (6) G 21st Street, Inc., t/a Guad's Café, for operation of 37 a Sidewalk café; (7) La Herradura, t/a La Herradura Café, for operation of a Sidewalk 38 café; (8) PizzaManiac, Inc., t/a 204 Pizza Café, for operation of a Sidewalk café; (9) 39 Oceanside Investment Associates, LP, t/a Hemingway's Restaurant & Café, for 40 operation of a Boardwalk café; (10) Young Veterans, LLC, ha The Bunker Brewpub 41 Café, for operation of a Sidewalk café; (11) 27th F&B, LLC, t/a Ocean 27 Cafe, for 42 operation of a Boardwalk café; (12) 27th Street Hotel, LLC, t/a The H Bar Cafe, for 43 operation of a Boardwalk café; (13) 3107 Atlantic, LLC, t/a North Beach Bar & Grill 44 Café, for operation of a Boardwalk café; (14) 3501 Atlantic, LLC, t/a Cabanas Café, for 45 operation of a Boardwalk café; (15) Fogg's Seafood Company, t/a Waterman's Surfside 46 Grille Cafe, for operation of a Boardwalk café; and (16) Mahi Mah's, LLC, t/a Mahi's 47 Café, for operation of a Boardwalk café; and 48 49 WHEREAS, the Office of Resort Management recommends that the above- 50 named entities be granted outdoor café franchise agreements. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH: 54 55 That the City Council hereby grants one-year franchise agreements to: (1) 56 Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for operation of a 57 Sidewalk café; (2) Harvest VB, LLC ha Harvest Café, for operation of a Sidewalk café; 58 and (3) Colonial Inn VB, LLC, tla Fishtails Cafe, for operation of a Boardwalk café; and 59 60 That the City Council hereby grants five-year franchise agreements to: (1) Arnav 61 138 Hotel, LLC, tla Barclay Towers café, for operation of a Boardwalk café; (2) Guru 62 Parab, LLC, t/a Ocean's 14 Cafe, for operation of a Boardwalk café; (3) Ocean Fifteen, 63 Inc., t/a Mediterranean Grill Cafe, for operation of a Sidewalk café; (4) Virginia George 64 Co., Inc., ha Dough Boys Cafe, for operation of a Sidewalk cafe; (5) Beach 65 Conveniance, LLC, t/a The Sweet Spot Cafe, for operation of a Sidewalk café; (6) G 66 21st Street, Inc., t/a Guad's Café, for operation of a Sidewalk café; (7) La Herradura, t/a 67 La Herradura Café, for operation of a Sidewalk café; (8) PizzaManiac, Inc., t/a 204 68 Pizza Café, for operation of a Sidewalk café; (9) Oceanside Investment Associates, LP, 69 t/a Hemingway's Restaurant & Café, for operation of a Boardwalk café; (10) Young 70 Veterans, LLC, t/a The Bunker Brewpub Café, for operation of a Sidewalk café; (11) 71 27th F&B, LLC, ha Ocean 27 Cafe, for operation of a Boardwalk café; (12) 27th Street 72 Hotel, LLC, t/a The H Bar Cafe, for operation of a Boardwalk café; (13) 3107 Atlantic, 73 LLC, t/a North Beach Bar & Grill Café, for operation of a Boardwalk café; (14) 3501 74 Atlantic, LLC, t/a Cabanas Café, for operation of a Boardwalk café; (15) Fogg's Seafood 75 Company, t/a Waterman's Surfside Grille Cafe, for operation of a Boardwalk café; and 76 (16) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a Boardwalk café. 77 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /4,4,4,7/ Resbr`t Management City Attorney's Off de CA16017 R-1 February 16, 2023 ffY1 If*.ii feyi L5.) 1N4 ;s PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 7, 2023, at 6:00 p.m. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed amendment to the terms of the lease with Dolphin Run Condominium Association, Inc.for the following City-owned property: Approximately 0.09 acres of land located at 3'y Street and Atlantic Avenue(GPIN: 2427-32-0138). If you are physically disabled or visually NI)) impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TDD 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Dept.of Public Works / Real Estate Division, 2473 N. Landing Road, Bldg. 23, Virginia Beach, Virginia 23456, (757) 385-4161, (pwrealestate@vbgov.com). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: https//vbgov.webex com/vhgov/c nstagP/g phn')MTID=eaff66t R5659 e6r:d 13 7 6ca 12 Ra 4 e R e a 44 8 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 7,2023. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-FEBRUARY 26,2023 ASTview 4�Z,4 taa.yl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Lease Agreement With Dolphin Run Condominium Association, Inc. for City-Owned Property Located at 3rd Street and Atlantic Avenue PUBLIC HEARING DATE: March 7, 2023 MEETING DATE: March 21, 2023 • Background: The City of Virginia Beach (the "City") owns a 0.09-acre parcel of land located at the intersection of 3rd Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-32-0138) (the "Premises"). On April 5, 2022, by Ordinance ORD-3691E, City Council authorized the execution of a lease between the City and Dolphin Run Condominium Association, Inc. ("Dolphin Run") for the Premises, for use as overflow parking for registered guests of Dolphin Run. Subsequently, the City and Dolphin Run entered into an agreement for Dolphin Run to lease the Premises from May 15, 2022 through September 15, 2022, with four (4) consecutive renewal options, each May 15th through September 15th of each of the following four years (the "Lease"). Dolphin Run desires to exercise its first renewal option this year and has requested that the Lease be amended so that the terms for each of the renewal options be expanded to five months, each commencing May 1st and expiring September 30th. Rent for the expanded term would be proportionally increased to $5,562.00 for this year and increase by 3% each additional renewal term as set forth in the Lease. City staff has no objection to the renewal for this year nor to amending the Lease. • Considerations: Except for the modification set forth herein, all other terms of the Lease shall remain unchanged and consistent with the Summary of Terms previously approved by City Council. • Public Information: Notice of the Public Hearing was advertised in The Virginian-Pilot, Beacon, on February 26, 2023. Public notice will also be provided through the normal City Council agenda process. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estate City Manager: 1,119 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT TO 3 THE LEASE AGREEMENT WITH DOLPHIN RUN 4 CONDOMINIUM ASSOCIATION, INC. FOR CITY- 5 OWNED PROPERTY LOCATED AT 3RD STREET 6 AND ATLANTIC AVENUE 7 8 WHEREAS, on April 5, 2022, by Ordinance ORD-3691E, City Council 9 authorized the execution of a lease between the City of Virginia Beach (the 10 "City") and Dolphin Run Condominium Association, Inc. ("Dolphin Run") for an 11 approximately 0.09-acre parcel of City-owned land located at the intersection of 12 3rd Street and Atlantic Avenue (the "Premises") for use as overflow parking for 13 registered guests of Dolphin Run; 14 15 WHEREAS, the City and Dolphin Run entered into an agreement for 16 Dolphin Run to lease the Premises from May 15, 2022 through September 15, 17 2022, with four (4) consecutive renewal options, each May 15th through 18 September 15th of each of the following four years (the "Lease"); 19 20 WHEREAS, Dolphin Run desires to exercise the first renewal option and 21 further desires to amend the Lease to expand the term to commence May 1st and 22 expire September 30th of each year for each of the renewal options; and 23 24 WHEREAS, except for provisions affected by the expanded term, all other 25 terms and conditions set forth in the Lease will remain unchanged and in full 26 force and effect. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 The City Manager is hereby authorized to execute an amendment to the 32 Lease between the City and Dolphin Run for the Premises, in accordance with 33 the Summary of Terms, attached hereto as Exhibit A, and made a part hereof, 34 and such other terms, conditions, and modifications as may be acceptable to the 35 City Manager and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 38 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ubli Works / 'eal Estat (MoiAd'i CA16037 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p045\00864816.doc R-1 February 23, 2023 EXHIBIT A SUMMARY OF TERMS OF AMENDMENT TO LEASE FOR EACH OF 2023, 2024, 2025, 2026 LEASE FOR THE USE OF 0.09-ACRES OF CITY-OWNED PROPERTY LESSOR: City of Virginia Beach (the "City") LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the intersection of 3rd St. and Atlantic Ave. (GPIN: 2427-32-0138) AMENDED TERM: Beginning with the first renewal option, each lease term will run from May 1ST through September 30TH AMENDED RENT: $5,562.00 for the first five (5) month renewal term; increased by 3% each of the remaining renewal options. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for overflow parking for guests and for no other purpose. • Maintain the Premises from May 1st through September 30th. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: • May access the Premises at any time, without prior notice to Lessee, in the event of an emergency or public necessity. • May require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' prior notice if needed for public purposes. • May grant easements and rights-of-way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease upon thirty (30) days' prior written notice to Lessee. M li I CIA4` r. Z a N . - . .. - -Li- -:: ' . T . - ' 0 • t•. N I— t , -.`��9 - - ' • -Si-� .' V ,� 't•, tp "r ► - iiell- N9 c _ . VI Q t !� r o �• .�w /Lk ', ‘ Mit8 CL z 2 yiltimoirok t - • g ., 0 U . • _ ! Ili Z w / L �_ V 1k 1 a i r 1---. --. 0 crs '47-. 0 Q "� W C ' `t p Qip W �` J t co WCC -LLI r}; • CC .� _ ,ram ' oos Disclosure Statement City cat t'vjm*i Reath 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 Dolphin Run Condominium Association -There are over 100 units- Each owned separately Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Dolphin Run Condominium Board of Directors is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? a Yes ❑ No e If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Current Association Board of Directors-- Tom Cuneo-President,Rob Mills-Vice President,Regina Cummings Fletcher- Secretary,Joyce Hulloway-Ti easurer,Connie Witte,Wdyne Reeve,,Jeff Jaglowu... • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) None ' "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 1 P a g e Disclosure Statement C:t1y aJ T t.ytrtta Broth 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 E If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes II No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Si Yes ❑ No • If yes,identify the firm and individual providing the service. VSA Association Management 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes N No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 Disclosure Statement ('ity vi Be s h 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 • it yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signatu . 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 /I Thomas M.Cuneoalai/7 — 1,??Q3 :;;13 Print Name and Title Thomas M.Cuneo Dolphin Run Condominium Association Board President and OWNER of one Unit Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11 09 2020 3 I P a g e due . f O • _ LryL '4 a,:4 ' z s; 4=x1.•- ;PI PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and sale of an easement on City-owned property,at its formal session on Tuesday, March 7,2023 at 6:00 p.m.in the Council Chamber of the City Hall-Building 1 at the Virginia Beach Municipal Center, 2401 Courthouse Drive,Virginia Beach,Virginia 23456.The purpose of this hearing will be to obtain public input to determine whether the following property should be declared in excess of the City's needs and conveyed to Lumos Networks,Inc.,d/b/a Segra: A 10' utility easement across City- owned property located at 3500 Dam Neck Road (GPIN: 1485-82- 8619) to install and maintain underground fiber optics facilities to serve third parties co-located on an adjacent communications tower. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Dept.of Public Works / Real Estate Division, 2473 N. Landing Road, Bldg. 23, Virginia Beach, Virginia 23456, (757) 385-4161, (pwr_eeiestate@vbgov.com). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: https•J/vbgov wehex r om/vhgnv/n pstage/g php7MTID=e.aff611565R p6cd1376ca19Ra4eRea49R 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 7,2023. All interested parties are invited to participate. Amanda Barnes City Clerk PILOT: February 26,2023 r 4 y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring an Easement in Excess of the City's Needs and 2) Authorizing the Sale of the Easement to Lumos Network, Inc. for Installation and Maintenance of Fiber Optics Facilities PUBLIC HEARING DATE: March 7, 2023 MEETING DATE: March 21, 2023 • Background: The City of Virginia Beach (the "City") owns property located at 3500 Dam Neck Road (GPIN: 1485-82-8619) (the "Property"). The Property is the current location of Public Works-Operations, a City fuel station and various other City facilities. A portion of the Property is leased to American Tower Corporation for a cell tower. Lumos Network, Inc. (d/b/a Segra), a Virginia corporation ("Lumos"), is a fiber optics company that has requested a 10' utility easement consisting of approximately 2,590 sq. ft. (0.060 ac.) across a portion of the Property (the "Easement"). The purpose of the Easement is to run fiber optic cables and related facilities from Concert Drive to the cell tower to serve third parties co-located on the cell tower. American Tower Corporation has confirmed it has no objection to the Easement extending into the leased area. The location of the proposed Easement is more specifically shown on the proposed plat, attached to the Ordinance as Exhibit A. The terms and conditions for the sale of the Easement are set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. is Considerations: Lumos has agreed to pay the City the appraised value of $5,699.00 for the Easement. The fiber optic cable would be installed in a manner that minimizes disruption to the Property. Lumos would also be responsible for restoring the Property and for paying the costs of future relocation should it be necessary. • Public Information: The public hearing was advertised in The Virginian Pilot on February 26, 2023. Notice is also provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A (Plat), Exhibit B (Summary of Terms), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estater City Manager: itx r 1 AN ORDINANCE 1) DECLARING AN EASEMENT 2 IN EXCESS OF THE CITY'S NEEDS AND 2) 3 AUTHORIZING THE SALE OF THE EASEMENT TO 4 LUMOS NETWORK, INC. FOR INSTALLATION 5 AND MAINTENANCE OF FIBER OPTICS 6 FACILITIES 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 3500 9 Dam Neck Road (GPIN: 1485-82-8619) (the "Property"), which is currently utilized for 10 City offices, a City fuel station, and various other City facilities; 11 12 WHEREAS, American Tower Corporation ("American Tower") leases a portion of 13 the Property for operation and maintenance of an existing cell tower; 14 15 WHEREAS, Lumos Network, Inc. (d/b/a Segra), a Virginia corporation ("Lumos"), 16 desires to acquire an easement consisting of approximately 2,590 sq. ft. (0.060 ac.) 17 over a portion of the Property (the "Easement"); 18 19 WHEREAS, the Easement would be used to run fiber optic cables and related 20 facilities from Concert Drive to the existing cell tower for the purpose of providing 21 service to third parties co-located on the cell tower; 22 23 WHEREAS, Lumos has agreed to pay to the City the appraised value of $5,699.00 24 for the Easement; and 25 26 WHEREAS, American Tower has no objection to the Easement's location 27 extending into the portion of the Property being leased. 28 29 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Virginia 30 Beach, Virginia: 31 32 1. That the Easement contemplated herein is hereby declared to be in 33 excess of the needs of the City of Virginia Beach. 34 35 2. That the City Manager, or his designee, is hereby authorized to execute 36 any and all documents necessary to convey the Easement to Lumos in the location 37 shown on the proposed plat attached hereto as Exhibit A, and incorporated herein, so 38 long as the documents are substantially in accordance with the terms set forth on the 39 Summary of Terms, attached hereto as Exhibit B, and incorporated herein, and such 40 other terms, conditions or modifications as may be acceptable to the City Manager and 41 in a form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 2023. 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: C t ey ),:,,s2_4 licorks / eal Estate CA 16043 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p052\00867303.doc R-1 February 23, 2023 EXHIBIT A 0 0 0^ �, �S ;oNoZ \ L �0 �c '- �y "c • � gI. � \p '� N ~ v s. ps QeS co ic O /, 0 � i ( r 5)52 wa �\*- o o�� O O4'C n .' ,ry J �� / nn� \ �vti�� / \`\ ors y� s. t Pts-i ,Fc<cy \ / V o rt \'Ts .ice 1/40 \ o ;1J F . / 0°� / / 00 / / �. �, \ , / \-- . - - \ kel / \ l3 / -N , / / / SYI �:k / Ov v / aao)vCn� / NPPNa / J O►v�VO�C t� / / O.p .�!v W / r- m C�►i of U h.,,k) / // D pv�ppWp�� to 00 / / '� tiU / / En x / m D O �� / ,� pr 2 nrnnnrn / j m _ .� �Cn ACvN Z j/ �n ^1 (.1,11-.6 : Ft:::S.1.2 (,) 2;t en(I)(1)Zt co NI C O ' :.;v;. DO . . . .p C ,o+►o)+a(ocn� ao �o o� �No N, r v�oa\Iw� O \M Zt r��p 1 Vt,'O(Q ily.is i e I s i e brc'cco ► V Z cn° q 22LoLnn v rri r` N ` v ; ^ ` e� �tiN-.ovatinoo� ch .tc,, : ti crow41 • �ti� v -O -• N i-71 ) k ( , c, n \/', r+ ►—v►Ov�V� a a a Ill� rn EXHIBIT B SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Lumos Network, Inc. (d/b/a Segra), a Virginia corporation ("Lumos") PROPERTY: Portion of 3500 Dam Neck Road (GPIN: 1485-82-8619) DESCRIPTION OF EASEMENT: A non-exclusive 10' easement (2,590 sq. ft. / 0.060 acre) PURPOSE: To run fiber optic cables and related facilities from Concert Drive to the cell tower to serve third parties co-located on the cell tower (leased by American Tower Corporation) (the "Facilities") CONSIDERATION: $5,699.00 (appraised value) CONDITIONS: • No construction or maintenance of facilities other than for the purposes set forth above will be permitted. • The Facilities will be installed in a manner to minimize disruption to City operations. • Lumos will obtain all required permits for construction, installation, use, and operation of the Facilities. • Lumos shall be responsible for all cost of restoring the Property to the same condition, as nearly as practicable, as existed before the start of installation. • Lumos shall maintain insurance coverage, naming the City as additional insured and provide proof thereof prior to commencement of installation. • Lumos shall comply with all applicable laws, ordinances, codes, and regulations. • The City reserves the right to remove the Facilities in the event of an emergency, public necessity, or public safety. • Lumos shall indemnify and hold the City harmless from and against all claims, damages, losses, and expenses arising out of Lumos's use of the Facilities. _ ...h,/ ,0 T.,I. 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IV '4.!4.,. , r• , .. ;',_00.0; : * 4 dr,...), -s.. .os . t�� • 1114 I���/may - i* IPPP - Ofr a o 44: : r .' ' 047.-' • 4 . , /�O i;‘'' . ' ' 4,, ,,,,Nx , . . . 0 ...., „.. 4 :. . Ns. C IA* , N:: - #'',‹. ''... iiiti / . . - .4,-:.-41'; .L 1,40 c ' ' ..'� • - I 44. � r , +�� E , _ , A-_,.„ , • 4 lire • el* , , -0...e.t- . _.. . 1 t ---' 44 , ..„,,, - ; it lrOP a �� AW J,14-. ,,,_a,. ...I% 1 44 s: -1'‘.%‘' .s‘ ' /11'' Disclosure Statement . City of Vinginin Bend MOW Planning & Community - Development .--11.111110111W--- 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 Lumos Networks Inc., dba Segra Does the applicant have a representative? ® Yes ❑ No • If yes, list the name of the representative. Network Building and Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? El Yes ❑ No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) Kevin T. Hart,CEO; Dan Watts,COO;Tim Montz, CFO; Robin Dunson,Chief Legal Officer;Scott Wallhermfechtel,CTO;Vonya Alleyne,Chief People Officer;Zenita Henderson,Chief Marketing Officer;Jay Turtora,VP, Enterprise Finance and Accounting. • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement 1/B City of Virginia Bend 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Virginia Beocfi 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 a 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 In 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 I 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. licant Signature Jared Morris-Sr. Manager OSPE Print Name and Title 2/23/23 Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 P a g e Disclosure Statement AS13 City of Virginia Beach Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement 1/13 City of Virginia Balch Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Lumos Networks Inc., dba Segra Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-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? ❑ Yes ❑ 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. Revised 11.09.2020 5 I P a g e Disclosure Statement City of Virginia Beach Planning & Community 1111 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? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ 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. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the 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 Disclosure Statement Cit y of Virginia Beach Planning & Community - � ,,..._.._Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 ( P a g e J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to APPROPRIATE $75,000 from the Tourism Investment Program (TIP) Fund Balance to the FY 2022-23 Non-Departmental Operating Budget re grant to the Virginia Museum of Contemporary for the Art Boardwalk Art Show (Requested by Mayor Dyer and Council Members Berlucchi and Remick) 2. Ordinance to APPROPRIATE $35,000 from the Tourism Investment Program (TIP) Fund Balance to the FY 2022-23 Non-Departmental Operating Budget re grant to the Coast Defense Study Group,Inc.,for relocation of U.S.S.Iowa Battleship Barrel to Cape Henry / JEB Fort Story (Requested by Vice Mayor Wilson and Council Members Remick and Taylor) 3. Ordinance to DECLARE 2,529 square feet of City property at 2640 Highland Meadows Way to be in EXCESS of the City's needs and AUTHORIZE the City Manager to exchange same to James and Wanda Cooper 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned property for up to five (5) years at Virginia Beach Farmers Market, Building 3, Space 14, re Gilly's Creamery, L.L.C. 5. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School,B.F.Williams/Bayside 6th, and Bayside High School Deferred from September 6, 2022, October 18, 2022 and February 21, 2023: Version 1 (Requested by the Virginia Beach School Board) Version 2 (Requested by Vice Mayor Wilson) 6. Ordinance to ACCEPT a donation and installation of playground equipment with value of $60,337.94 from the Pembroke Meadows Civic League re Pembroke Meadows Lake Park 7. Ordinance to TRANSFER $300,000 of General Fund Vacancy Savings to the FY2022-23 Planning Department Operating Budget re work associated with the update of the Comprehensive Plan �'S say=. `t.. r aw w.^a 4tw CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $75,000 of Fund Balance of the Tourism Investment Program Fund for a Grant to the Virginia Museum of Contemporary Art for the Boardwalk Art Show MEETING DATE: March 7, 2023 • Background: The Virginia Museum of Contemporary Art (MOCA) produces the Virginia MOCA Boardwalk Art Show. The 2023 Boardwalk Art Show is the 67th year of the show, and it is scheduled to be held October 20-22, 2023. One of the most important fundraisers for Virginia MOCA, the 2022 show missed net revenue projections by$75,000 due to increased costs associated with COVID and inflation. The Boardwalk Art Show is one of the only outdoor art shows produced by an accredited museum and strives to have the highest caliber fine art in the relaxing setting of the Virginia Beach boardwalk. Ranked as a top 15 Fine Art Show of the Decade by Sunshine Artist magazine, this three-day festival welcomes over 150 juried artists from across the country featuring fine art and contemporary craft across several mediums. • Considerations: The attached ordinance provides for a $75,000 grant to MOCA for the Boardwalk Art Show. This $75,000 is in addition to the $200,000 included in the FY23 Operating Budget. • Public Information: Normal City Council agenda processes. • Attachment: Ordinance; Disclosure Form Requested by Mayor Dyer and Councilmembers Berlucchi and Remick REQUESTED BY MAYOR DYER AND COUNCILMEMBERS BERLUCCHI AND REMICK 1 AN ORDINANCE TO APPROPRIATE $75,000 OF FUND 2 BALANCE OF THE TOURISM INVESTMENT PROGRAM 3 FUND FOR A GRANT TO THE VIRGINIA MUSEUM OF 4 CONTEMPORARY ART FOR THE BOARDWALK ART 5 SHOW 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That $75,000 is hereby appropriated from the fund balance of the Tourism 11 Investment Program (TIP) Fund to the FY 2022-23 Non-Departmental Operating Budget 12 for a grant to the Virginia Museum of Contemporary Art for the Boardwalk Art Show. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: i y A o ey's Office CA16090 R-1 February 23, 2023 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 Museum of Contemporary Arts (Virginia MOCA) 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 I SERVICE PROVIDER (use additional sheets if needed) l 1 15<1 Accounting and/or preparer of your tax return Financial Services (include X lending/banking institutions and current mortgage holders as a• •licable) ❑ g Legal Services Ei Broker/Contractor/Engineer/Other t1�J Service Providers I 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 Iftrige's prior.to the Council action upon this Application. (<1 / 1 Gary Ryan 2/21/2023 P CANT G T E PRINT NAME DATE °� 4�j�9�y� „� r w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $35,000 of Fund Balance of the Tourism Investment Program Fund for a Grant to the Coast Defense Study Group, Inc., for the Relocation of a Battleship Barrel from the U.S.S. Iowa MEETING DATE: March 7, 2023 • Background: In June 2011, the Coast Defense Study Group, Inc., a Maryland nonprofit corporation, was asked to find safe homes for eight historic 16-inch/50 mark 7 barrels located at St. Juliens Creek Naval Annex in Chesapeake, Virginia. If suitable locations are not found for these barrels, the Navy will sell the barrels for scrap. One location that may be suitable for Barrel #270 is near the Old Cape Henry Lighthouse at JEB Little Creek— Fort Story. The City has been asked to contribute $35,000 to assist in the costs associated with the relocation of Barrel #270 from its current location in Chesapeake to Fort Story, a distance of 25 miles. • Considerations: The attached ordinance provides for a $35,000 grant to the Coats Defense Study Group. This $35,000 will be provided from the fund balance of the Tourism Investment Program (TIP) Fund. • Public Information: Normal City Council agenda processes. • Attachment: Ordinance; Disclosure Form Requested by Vice Mayor Wilson and Councilmembers Remick and Taylor REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS REMICK AND TAYLOR 1 AN ORDINANCE TO APPROPRIATE $35,000 OF FUND 2 BALANCE OF THE TOURISM INVESTMENT PROGRAM 3 FUND FOR A GRANT TO THE COAST DEFENSE STUDY 4 GROUP, INC., FOR THE RELOCATION OF A BATTLESHIP 5 BARREL FROM THE U.S.S. IOWA 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That $35,000 is hereby appropriated from the fund balance of the Tourism 11 Investment Program (TIP) Fund to the FY 2022-23 Non-Departmental Operating Budget 12 for a grant to the Coast Defense Study Group, Inc., for the relocation of the U.S.S. Iowa 13 Battleship Barrel to Cape Henry/JEB Fort Story. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: City A y's ffice CA16093 R-1 February 21, 2023 DISCLOSURE STATEMENT FORM 0 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: Cosi *- c Svmm Gs2criel �-• SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ 7^I Accounting and/or preparer of your tax return Financial Services (include ❑ 71 lending/banking institutions and current mortgage holders as applicable) ❑ 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. weem 21211zQ APPLICANT'S SIGNATURE PRINT NAME DATE 1 GD, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance 1) Declaring a 2,529 Sq. Ft. Portion of City Property Located at 2640 Highland Meadows Way to be in Excess of the City's Needs and 2) Authorizing the City Manager to Exchange Same for a 2,529 Sq. Ft. Portion of the Adjacent Property Belonging to James and Wanda Cooper PUBLIC HEARING: February 21, 2023 MEETING DATE: March 7, 2023 • Background: The City of Virginia Beach (the "City") owns a parcel of land located at 2640 Highland Meadows Way (GPIN: 1484-23-1207), which was dedicated to the City as part of the development of Highland Meadows Subdivision to be used as a park (the "Park"). The City's Department of Parks and Recreation intends to install playground equipment on the Park, however, the majority of the Park is encumbered by wetlands, several drainage and maintenance easements, a floodplain, and a 120' wide easement for Dominion Virginia Power for overhead power lines. James and Wanda Cooper (the "Coopers") own a parcel of land located at 2636 Highland Meadows Way (GPIN: 1484-23-1445), which is adjacent to the Park. Currently, a portion of the Coopers' fence and concrete patio located in the Coopers' backyard are encroaching onto the Park. The City and the Coopers have negotiated an exchange of a portion of each of their respective parcels that would benefit both parties for no additional monetary consideration. The City would convey to the Coopers approximately 2,529 sq. ft. of land from the Park adjacent to the Coopers' backyard in exchange for the Coopers conveying to the City an area of land of equivalent square footage from the Coopers' property adjacent to the front entrance of the Park. The exchange would provide adequate space for playground equipment near the entrance to the Park, outside of the encumbrances, and would resolve the unauthorized encroachments onto the Park. • Considerations: Each party would exchange an equal square footage of land on the terms and conditions set forth in the Summary of Terms attached to the Ordinance. There is no monetary consideration associated with the exchange of land. Once the exchange is complete, the City can move forward with the construction of a playground on the Park. • Public Information: A public hearing will be advertised on February 5, 2023, in The Virginian-Pilot, Beacon. The public hearing will be held on February 21 , 2023. Public notice will also be provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Location Map, and Disclosure Statements Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE 1) DECLARING A 2,529 SQ. FT. 2 PORTION OF CITY PROPERTY LOCATED AT 2640 3 HIGHLAND MEADOWS WAY TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 5 MANAGER TO EXCHANGE SAME FOR A 2,529 SQ. 6 FT. PORTION OF THE ADJACENT PROPERTY 7 BELONGING TO JAMES AND WANDA COOPER 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 10 located at 2640 Highland Meadows Way (GPIN: 1484-23-1207) which is utilized 11 as a park (the "Park"); 12 13 WHEREAS, the City intends to install playground equipment at the Park; 14 however, the majority of the Park is encumbered by wetlands, multiple drainage 15 and maintenance easements, a floodplain, and a 120' wide Dominion Virginia 16 Power easement for overhead power lines; 17 18 WHEREAS, James and Wanda Cooper (the "Coopers") own a parcel of 19 land located at 2636 Highland Meadows Way (GPIN: 1484-23-1445), which is 20 adjacent to the Park; 21 22 WHEREAS, a portion of the Coopers' concrete patio and fence located in 23 their backyard currently encroach onto the Park; 24 25 WHEREAS, the City and the Coopers have negotiated an exchange of 26 approximately 2,529 sq. ft. of land from each of their respective parcels, as shown 27 on Exhibit A attached hereto, on the terms and conditions set forth in the Summary 28 of Terms, attached hereto as Exhibit B; and 29 30 WHEREAS, the exchange of land would provide adequate space to 31 construct a playground near the entrance to the Park, outside of the 32 encumbrances, and would resolve the Coopers' unauthorized encroachments onto 33 the Park. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 1. That a 2,529 sq. ft. portion of the Park as shown on Exhibit A 39 attached hereto and made a part hereof, is hereby declared to be in excess of the 40 needs of the City of Virginia Beach. 41 42 2. That the City Manager, or his authorized designee, is hereby 43 authorized to execute any and all documents necessary to convey said excess 44 property on the terms and conditions set forth in the Summary of Terms, attached 45 hereto as Exhibit B and made a part hereof, and such other terms, conditions and 46 modifications as may be acceptable to the City Manager and in a form deemed 47 satisfactory by the City Attorney. 48 49 This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE BY THREE- FOURTHS (3/4) OF ALL MEMBERS OF CITY COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ( _Lt D t. of Pa s& Recreation ubl c WorirvReal Estate APPROVED AS TO LEGAL SUFFICIENCY: rn CA15788 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p043\00859794.docx R-1 February 1, 2023 2 EXHIBIT A HIGHLAND MEADOWS WAY (50' VW) (I.N. 20021 1213068548-PLAT) CATV PROPERTY LINE FED TO BE ESTABLISHED (RELOCATED) N 12'S4'S0"E 286.94' � ( ) 65.47' ►... N 12'54'50"E 100.13' wPBRENAETSETADBRA LISINHAEGDE(REAESLOECMAETNTED)\ 141/ Ard 5TO' o lo PROPERTY TO BE ACQUIRED In in \ • \ BY THE CITY OF VIRGINIA BEACH o N i AREA = 2,529 Sq. Ft. OR 0.05806 Ac. I EXISTING2STORY) \vo PERTY LINE �� RESIDENCE P in `�\-\in �0 Q- TO BE VACATED ' #2636 - �-4G'O4QO EASEMENT ��� 15.0' o Cf) �� 1 TO BE VACATED A �O� "- _P \ LOT 5 In 4R- Q� `` \ N/F Z 'O PROPERTY LINE IA WAN DA 8c JAMES + TO BE ESTABLISHED � \ COOPER 5' PRIVATE DRAINAGE EASEMENT �� TO BE ESTABISHED (RELOCATED) ft \ 4 vi XI TIPARK AREA J, C S NG \ CITY OF ���~' ��• CONCRETE VIRGINIA BEACH � EASEMENT TO BE VACATED '� PROPERTY LINE PROPERTY TO BE ACQUIRED 1 TO BE VACATED BY N/F WANDA & JAMES COOPER 6, AREA = 2,529 Sq. Ft. OR 0.05806 Ac. �o \-11:\ \ 0 30' 60' #r ' im . . m 5' PRIVATE DRAINAGE EASEMENT I to EXISTING GRAPHIC SCALE TO BE ESTABISHED (RELOCATED) EXISTING rI SHED 4Li 1" = 30' FENCE \ x EXHIBIT SHOWING \ Z ll ' ,.- BF�` LAND SWAP BETWEEN EXISTING 1',: 7 \ FENCE -'c'� ''PrI) CITY OF VIRGINIA BEACH \ 1 f ?! HIGHLAND MEADOWS PARK GPIN: 1484-23-1207 -- ' AND ;9ti N/F WANDA & JAMES COOPER ��• LOT 5, HIGHLAND MEADOWS GPIN: 1484-23-1445 . -�j EXISTING `..6'OF 5 i OUR 4,1\`%•' I.N. 20021 1 21 3068548 (PLAT) o•a� PROPERTY LINE - o .n DEPARTMENT OF PUBLIC WORKS * ENGINEERING GROUP * SURVEY BUREAU o 0 ro CITY OF VIRGINIA BEACH, VIRGINIA 757-385-4131 N z ( EXISTING 5' PRIVATEDATE:5/10/2022 SCALE: 1"=30' DRAWN BY: DWD JOB#:210385 F.B. "F" 2022 I ". DRAINAGE EASEMENT EXHIBIT B SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY PARTIES: City of Virginia Beach ("City") and James and Wanda Cooper (the "Coopers") CITY PARK PROPERTY: 2640 Highland Meadows Way (GPIN: 1484-23-1207) COOPERS' PROPERTY: 2636 Highland Meadows Way (GPIN: 1484-23-1445) PROPERTY TO BE EXCHANGED: 2,529 sq. ft. (0.05806 Ac.) of the City Park Property to be conveyed to the Coopers in exchange for the Coopers conveying 2,529 Sq. Ft. (0.05806 Ac.) of the Coopers' Property to the City, as shown on Exhibit A SALE PRICE: None CONDITIONS OF EXCHANGE: • The properties to be exchanged will be conveyed "AS IS, WHERE IS" • City and the Coopers will each bear their own closing costs, attorney fees and lender fees (if applicable). • City will be responsible for the preparation and recordation of the subdivision plat to incorporate the portions of property being exchanged into each party's existing parcel. • Each party will convey 2,529 sq. ft. of property to the other party, free and clear of all liens and encumbrances. • Neither party will pay the other for the portions of property being exchanged. • The City will reserve all needed public utility and drainage easements. • Closing shall occur on or before December 31, 2025, unless extended by the City Manager. P Fj I - 3 r f o '. N. cv a >- OV � Q I— N � T' Y � Q W cvLij < S , Z � NIN c V Q �' r Q r J H Z O Z o r. O — — c v CI. ZCI- O LJ o U 1t! — Z Y- '- - p ti Q �` fir :,_ Y N • { P AA Co - 8. c Tr 0, t.,--- ..., ‘ , ,., 416.4.. .... , t.„, • w AbiliA OQbwV .• / PIIIIIIIftiVallirle..„.4.01441414__ _ / Nb�H0�H `, c / it ':* #) , Iv- . ••< : : . 4* a ao- C ' ek se iii cup) ` d I O O c O o a) O N C O O N Q Q O OL OL i a. L 7 C C i • = U J J c 1 , J t m Yf " jr, - - • 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 cJ rt"itC 1t. Co Does the applicant have a representative? ❑Yes C"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 entity2 relationship with the applicant. (Attach a list if necessary) tUl 1"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. Revised 11.09.2020 1 1 P a g e .r + s- r7 - 1 :+ s am - . :' �'a t ;. - r - - - ate ` ` •' -' t - - ice .. -.: .1414 fia «ram - 4 - 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 Lr!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 fin ncing in connection with the subject of the application or any business operating or to be operated on the property? C8'Yes grNo 2If yes,identify the` ifinancial institutions providing the service.)14 WtiIL Ft j o Uonx, itkurbst 2. Does the applicant have a real estate broker/agent/reaitor for current and anticipated future sales of the subject property? ❑Yes ( 4o • 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 La/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?0 Yes OrNo • If yes,identify the firm and Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ( /No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e • • 6. Does the applicant have a construction contra in connection with the subject of the application or any business operating or to be operated on the property?❑Yes L`!No • If yes,identify the 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 Erlo • 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 134 • If yes,identify the firm and individual providing the service. Applicant Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 6, r Applicant ture rr Libn.t..i m l Print Name and Title 0 7/LS 2,0 22, Date Is the applicant also the owner of the subject property? e5 ❑ No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Alt 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 igg 23 Signature Print Name / Revised 11.09.2020 Wage Disclosure Statement • - Planiiiiir,& Community ---4141110 ......}eVeloptnent Owner Disclosure Owner Name v v Qn()L°' C-00P€47 Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ENO • 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 Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the Qty of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes [3-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 SO percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4'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 dose 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 - .. n_ PLii,t i mn &Con i j ' I}'Vf o iii_lit -_ \ — - Owner Services Disclosure L Does the Owner have any existing finandng(mortgage,deeds of trust,cross-coltaterallzatian,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? i~JYes El No • If yes,identify theli ancial institutions providing the service. VA`�et ts t dt 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes i".1N6 • if yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes Ei-i To • 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 ❑-KO • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?❑Yes atio • If yes,Identify the purchaser and purchaser's service providers_ 6. Does the Owner have a construction contractor /n connection with the subject of the application or any business operating or to be operated on the property?ElNJ Yes No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/ageenttiin connection with the subject of the application or any business operating or to be operated on the property?0 Yes L`�"No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Fag e r � + tif Disclosure StatemenVi3 Planning&Community D e:OOrwit 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes L No • If yes,identify the firm and Individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Coundl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner V\ictrtdc, r� Print Name and This Date Revised 11,09.2020 7 I P a g e r~ .t rJ��N�Ll :82 �iA t 10 ILZ'0 r. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Gilly's Creamery, L.L.C. for City-Owned Property Known as Building 3, Space 14 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: February 21, 2023 MEETING DATE: March 7, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 14 in Building 3 at the Virginia Beach Farmers Market, which consists of approximately 939 sq. ft. of space (the "Premises") and received one submittal from Gilly's Creamery, L.L.C., a Virginia limited liability company ("Gilly's"). Gilly's has been leasing the Premises since 2011 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of fresh and frozen dairy products and related items, and for no other purpose. • Considerations: The initial term of the Lease would be from July 1, 2023 to June 30, 2026, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on February 12, 2023 in The Virginian-Pilot, Beacon. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: Pi7 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH GILLY'S CREAMERY, L.L.C. FOR 4 CITY-OWNED PROPERTY KNOWN AS BUILDING 5 3, SPACE 14 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 14 in Building 3 at 13 the Virginia Beach Farmers Market which consists of approximately 939 sq. ft. of space 14 (the "Premises") and received one submittal from Gilly's Creamery, L.L.C., a Virginia 15 limited liability company ("Gilly's"); 16 17 WHEREAS, Gilly's has leased the Premises since 2011 and desires to enter into 18 a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of fresh and frozen dairy 21 products and related items, and for no other purpose; and 22 23 WHEREAS, Gilly's has agreed to pay the City rent in the amount of $12,314.76 24 from July 1, 2023 through June 30, 2024, with a five percent (5%) annual rent 25 escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 5 years 31 between Gilly's Creamery, L.L.C. and the City for the Premises, in accordance with the 32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 33 other terms, conditions or modifications as may be acceptable to the City Manager and 34 in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY oaj • ," ity r ey blid Works / eal Estate CA15630 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p040\00860546.doc R-1 February 10, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Gilly's Creamery, L.L.C., a Virginia limited liability company PREMISES: Building 3, Space 14 consisting of 939+/- square feet TERM: Initial Term: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: July 1, 2023 - June 30, 2024: $12,314.76 ($1,026.23 monthly) Rent will escalate annually by five percent (5%) compounded upon July 1st of each year the Lease is in effect. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh and frozen dairy products and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors, and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. City of Virginia Beach Farmers Market 3640 Dam Neck Road Virginia Beach,VA 23453 757-385-4388 FAX:368-5249 LOCATION MAP , O � � O r Gardens ❑ ❑ �, New Kitchen : ../ Garden U El le \\\\\\\\\\\ \\\ 7 \,--% y .8liettagie F. 1 / Space i Rural / ,% ;23 24 26 — 30 ' 4, �., i i I 1 I r •� / ,,1, ,,. E— // / % / 20 19 18 17 H 15 141312 11 10 96H 4 , \ ` ap 9x /� \`� Except 1 1 / A \ \ 8 7 6 6 4 3 2 14REV yj uilding 3,Space 14 P $cnSpaces1.42 /Approx.939 Sq.Ft. 9 10 11 12 13 14 16 16 1 / ��•. ti 0i\4At; / , i III 4.1% \\ , ro / ''' i .�V ` 1 Y c E,-- - •.--. n. %in \. / I ''e I N\\\/PC T i ji 1 P.1 1 c " 0 0 •' I — 0 T \\ T [ ' e‘ /' / / ' I \ 2 N N Okd , \ ----"-- ______ N ,, 40/ \ S\ . , IJ I I 1 l,l I I N thi i ___) IL____ __/\ % ///// speakers p i y Dam Neck Road s jy ,} a i ry ,, mf � 1 4 • Sirs' �( {, 7 -i—•i�S .I, F'ni i� i1771+F, . _ x..!'4�sx ... '�a � __ s':1 �l �q rte'1 tl ..,. 'yF _ ,� ..planning (jam' i unity yam . _. . •yid .Vj,[iyt�`v j�'�y`„yiROf1KS J . • • ... EXHIBIT B—FORM DISCLOSURE STATEMENT The disdosures contained in this form are necessary to inform pubic 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 ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Alsollaset Disclosure Applicant Name d I r)r) Cc/1 j SCrv\ec )) Does the apples have a representedre? ❑Yes 211,No • if yes,list the name of the representative. is the applicant a corporation,partnership,firm, ie;;,trust or an oatlnaorp irated 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 pare tharyi or affiliated business entity2 relationship with the applicant (Attach a list if necessary) 1'Parent-subsidiary relationship'means`a relabbnshlp that posts when one corporation directly or incfirectty 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 31DL 2'Affiliated business entity relationship`means"a relationship,other than parent-subskkary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(s)a controlbrig owner in one entity is also a controlling owner in the other entity,or(i)there is shared maw or control between the business entities. Factors that should be considered in d�the existence of an alfirsat{ed business entity relationship Indude that the same person or substantially the same person awn or manage the two entitie there are cornrnon or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise stave activities„resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§12310L Retched 11.09.2020 1 1 P a g e Di s•c:. .-•„ - re Stan.._e- .v - - t d ` -g„.,:-,._..;4.-,._,*.‘., - .,_,,„,,....-21-i,-..e...,.9 11,,,,,r,a,--4,.4,'..--*,,,,,,,ii.VC-',,,...':,,,t1- ,:i,:,:,,. ..... r{'"' t Ir✓ -P .rW 3.3''ba., �?iP' -lam • .. manning lit thriminnity ., Development Known Interest by Public Official or Employee Does an officisi or ernpiarree of the City of Ifirginb Beach have an interest In the shed land or any proposed development oonargent on the subject public action?0 Yes gNo • if yes,what is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure L Does the applicant have any wAisting financing(montage,deeds of trust, 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? DYes )4,14c , • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate brokeriagentirealtar for current and anticipated future sales of the subject property? ❑Yes WNo • If yes,identify the company and Individual providing the service. 3. Does the applicant have services for scowL izin al,.i f 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 jEt No • If yes,Identify the firm and individual providing the service. 4. Does the applicant have services from an arditect landscape ardiltectiland planner provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes ItNo • tt yes,Identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes 13,No • if yes,identify the purchaser and purchaser's service providers. Revised 11_09.2020 2 i P a g e Disclosure Statement Planning Community j' .44 � � t }._ Development 6. Does the applicant have a ccr.;:ia aonoactor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ANo • if yes,identify the company and inckvidual providing the service. 7. Does the applicant have anengineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes jiit No • If yes,identify the firm and inthvidual providing the service. 8. Is the applicant receiving iced services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes j*to • if yes,identify the firth and inclividual providing the service_ Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein taco weeks prior to the meeting of Planabz Color,►City CONOCO,VIIDA,CaPA,Wethat.ds Board or any public body or committee in careact on with this application. Signature > i�l n f Lif�tl'e� Print name and hide Date is the applicant also the owner of the s _property? ID Yes ❑No • if yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/Ail eiszlosu urd3_=d two(2)1,4C•YKs prior to any Planning and City Council meeting v that pertains to the applications Date Signabre ., No diaogesasof JjJ Print Name Revised 11_09.2020 3 I P a g e • . -,., Disdosure Statemeot - . • • :- . • PkiiniFig.i.iregn*unrty •-• pevglopoent Continue to Next Page for Owner Disclosure Revised 11_092020 4IPage Disclosure Statement ..w, planning &Community • DieopI ent Owner Disclosure Owner Name KRlJ r r T.ar rs e,�l Applicant reidne is the Owner a corporation,partner*p, .busbies%toot or as tir.sincorporated business?0 Yes 51 • if yes,fist the names of all officers,&rectors,members,trtestees etc.below. (Attach a list if necessary) • tf yes,list the businesses that have a parents or affiliated business entity'relationship with the°miner. (Attach a list if necessary) Known lartetrest by Public Official or Employ, Does an ofilded 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 13 tu:: • 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 retationship,other than paint-subsidiary relationship,that exists when(I)one business entity has a controlling ownership irk in the other business er y,(a)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 indude that the same person or substantially the same person own or mane the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the erg.' See State and Local Government Conflict of Interests Act,Va. Code§223101_ Revised11.O9.202© 51Page Disclosure Statement lcia3 Vtrpton bat Planning gt COranit * Devekprnent Owner Services Disclosure 1. Does the Owner have any existing thsandng(mortgage,deeds at trust,cross-collateralhation,etc3 or are they consideri4,1;any financing in corinection with the subject of the application or any business operating or to be operated on the property? Yes • if yes,identify the iinandal institutions providing the service. 2. Does the Owner have a real estate broicer/agenthealtor for current and anticipated future sales of the subject property? DYes LNo • if yes,identify the company and individual providing the service. 3. Does the Owner have services for zccountii andjor 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 ist No • If yes,identify the firm and Individual providing the service. 4. Does the Owner have services from an 4. architectIbiW pter 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 per,4,4;or proposed v.. of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated an the property?0 Yes Ei 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?CI Yes p.m • If yes,identify the firm and individual providing the service. Revised 1/.09.2020 6age 1 ' J�+fit yri - - • - D iv re Statement r .. - aky: Y'Er sT6.46 • f tn}I3 &Community ` ; aiN. Development 8. Is the Owner receiving legal services in connection with the subject of the application or any bum operating or to be operated on the property?0 Yes ,EkNo • if yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate_ I understand that, upon receipt of notffication that the application has been scheduled for public hearing,i am responsible for updating the infoni:ation provided herein two weeks prior to the rmeetiti,4 of Piam**Conindssion.Oty Council,VBDA.CB PA.Wetlands Board or any public body or oo eltee in connection with this appicatioa Ovum Siguature 'eo,n r � Print Name and This glrslan. a Date . /UDC kif-74,yei /6---dopt.5 filgit(tr,5 #4.4-/ke-f p.tf 1.)/So4.- 024? 026 2-3 Revised 11.09.2020 7 { Page ig° ) riOR ,10.W 1.•V,J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve the School Board's Entry into an Interim Agreement for Design Work for Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside High School MEETING DATE: March 7, 2023 • Background: The Public-Private Education Facilities and Infrastructure Act of 2002, Virginia Code §§ 56-575.1, et seq. (the "PPEA"), grants public entities the authority to create public-private partnerships for the development of a wide range of projects including educational facilities. The PPEA is intended to allow for timelier and more cost- effective procurement of such facilities. For purposes of the PPEA, the School Board meets the definition of "public entity" and "responsible public entity." The School Board has adopted procedures for the receipt, evaluation, and award of a PPEA project. These procedures are set forth in School Board Policy 3-71. The Virginia Beach City Public Schools (the "VBCPS") received an unsolicited proposal for the design and construction of Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"). Following the required procedures under the PPEA, the School Board accepted the unsolicited proposal and solicited competing conceptual proposals. After review of two conceptual proposals, the VBCPS requested detailed proposals from the two firms that submitted conceptual proposals. After review of the detailed proposals, the VBCPS negotiated an Interim Agreement with the preferred proposer, S.B. Ballard Construction Company. The proposed Interim Agreement, approved by the School Board on August 9, 2022, will provide a twelve-month performance period to develop 30% design documents for the Projects. The Interim Agreement is in an amount not to exceed $15,404,544, which is 55% of the total design budget of the three schools and 3.6% of the total budget for the Projects. The $15.4 million needed for this process is already appropriated within the three projects, meaning that the School Board is not requesting additional funding at this time. Currently School Board is not requesting the City Council approve a comprehensive agreement. The Interim Agreement will allow the School Board and VBCPS staff the opportunity to evaluate the merits of a possible comprehensive agreement using advanced design and to develop a funding plan for the debt service associated the Projects. This item was deferred on September 6, 2022, October 18, 2022, and February 21, 2023. In response to the February 21st deferral, the School Board adopted a resolution on February 28, 2023, confirming its continued support of the Interim Agreement with S.B. Ballard Construction Company and requesting the City Council provide the requisite approval to allow the School Board to enter into the Interim Agreement. • Considerations: When a public entity is a school board, the PPEA requires the local governing body to approve the entry into an interim or comprehensive agreement. The proposed Interim Agreement does not require the entry into a comprehensive agreement. Should the School Board and VBCPS staff not wish to move forward with the Projects at the conclusion of the Interim Agreement, the VBCPS would retain ownership of the design documents, which could be used to develop a traditional design-bid-build procurement for construction of the schools. Each of these three projects are currently within the approved six-year Capital Improvement Program (CIP); however, Bayside High School is not fully funded within the six-year period. Therefore, a future request to approve a comprehensive agreement will likely include a request for additional funding. Much like the approval of the Interim Agreement, the City Council would need to approve a comprehensive agreement prior to execution of such an agreement by the School Board. In addition to the resolution requested by the Virginia Beach School Board, there is an alternative resolution requested by Vice Mayor Wilson. This alternative resolution includes a requirement that the designs include cost options for each facility and that the engagement of stakeholders includes informing the public that the proposed construction timelines associated with the PPEA process may not be financially feasible. At the conclusion of the term of the Interim Agreement, the City Council would receive information regarding the cost options and a financing plan that allows the construction of the facilities without a requested tax increase or change to the City/Schools Revenue Sharing Policy. • Public Information: The VBCPS staff have briefed the City Council regarding this process on at least three occasions with the most recent briefing on February 7, 2023. This item was deferred on September 6, 2022, October 18, 2022, and February 21, 2023, and the City Council received public comment each meeting. • Attachments: Resolution (2 Versions); School Board Resolution dated August 9, 2022; and School Board Resolution dated February 28, 2023 Version 1: REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD Version 2: REQUESTED BY VICE MAYOR WILSON. REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 A RESOLUTION TO APPROVE THE SCHOOL 2 BOARD'S ENTRY INTO AN INTERIM AGREEMENT 3 FOR DESIGN WORK FOR PRINCESS ANNE HIGH 4 SCHOOL, B.F. WILLIAMS/BAYSIDE 6TH, AND 5 BAYSIDE HIGH SCHOOL 6 7 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 8 Board received an unsolicited proposal for the design and construction of Princess Anne 9 High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"); 10 11 WHEREAS, following the required procedures under the Virginia Public-Private 12 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS accepted the unsolicited 13 proposal and solicited competing conceptual proposals; 14 15 WHEREAS, after review of two conceptual proposals, the VBCPS requested 16 detailed proposals from the two firms that submitted conceptual proposals; 17 18 WHEREAS, after review of the detailed proposals, the VBCPS negotiated an 19 Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; 20 21 WHEREAS, the VBCPS has posted the Interim Agreement for the required 30 22 days and held a public hearing; 23 24 WHEREAS, the proposed Interim Agreement will advance design of the Projects 25 over the next twelve months, which should also allow the development of a proposed 26 comprehensive agreement, for the Projects with a not-to-exceed cost of $15,404,544; 27 28 WHEREAS, the School Board approved the Interim Agreement at its August 9, 29 2022, meeting; and 30 31 WHEREAS, the PPEA requires a school board obtain approval from the local 32 governing body prior to entry into an interim or comprehensive agreement; 33 34 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA. THAT: 36 37 The City Council hereby approves the School Board's entry into the Proposed 38 Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: i rney s Office CA15878 / R-1 / February 15, 2023 REQUESTED BY VICE MAYOR WILSON 1 A RESOLUTION TO APPROVE THE SCHOOL 2 BOARD'S ENTRY INTO AN INTERIM AGREEMENT 3 FOR DESIGN WORK FOR PRINCESS ANNE HIGH 4 SCHOOL, B.F. WILLIAMS/BAYSIDE 6T", AND 5 BAYSIDE HIGH SCHOOL AND TO REQUEST 6 CERTAIN ACTIONS RELATED THERETO 7 8 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 9 Board received an unsolicited proposal for the design and construction of Princess 10 Anne High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"); 11 12 WHEREAS, following the required procedures under the Virginia Public-Private 13 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS accepted the 14 unsolicited proposal and solicited competing conceptual proposals; 15 16 WHEREAS, after review of two conceptual proposals, the VBCPS requested 17 detailed proposals from the two firms that submitted conceptual proposals; 18 19 WHEREAS, after review of the detailed proposals, the VBCPS negotiated an 20 Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; 21 22 WHEREAS, the VBCPS has posted the Interim Agreement for the required 30 23 days and held a public hearing; 24 25 WHEREAS, the proposed Interim Agreement will advance design of the Projects 26 over the next twelve months, which should also allow the development of a proposed 27 comprehensive agreement, for the Projects with a not-to-exceed cost of $15,404,544; 28 29 WHEREAS, the School Board approved the Interim Agreement at its August 9, 30 2022, meeting; 31 32 WHEREAS, the PPEA requires a school board obtain approval from the local 33 governing body prior to entry into an interim or comprehensive agreement; 34 35 WHEREAS, the City Council previously deferred action upon the School Board's 36 request to allow time for updating debt policies and to receive the School Board's 37 reversion request; 38 39 WHEREAS, representatives of VBCPS presented a briefing to the City Council 40 that provided updated cost estimates for the three school facilities that would be 41 developed using the PPEA process and noted that better cost estimates would be 42 provided once 30% designs are completed through the interim agreement process; and 43 44 WHEREAS, due to continued questions regarding the PPEA process and the 45 development of a long-term sustainability and affordability plan for Schools construction 46 projects, certain actions are required to allow the City Council to remain included in the 47 discussion of the PPEA process and beyond; 48 49 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA, THAT: 51 52 The City Council hereby approves the School Board's entry into the Proposed 53 Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 54 55 BE IT FURTHER RESOLVED, THAT: 56 57 The City Council hereby requests the following during the term of the Interim 58 Agreement: 59 60 a. VBCPS work with S.B. Ballard Construction Company to design functional school 61 facilities that include additions and deletions upon the base school facility design 62 that allow the consideration of at least three cost options for each facility; and 63 64 b. VBCPS engage with the stakeholders to gather meaningful public input on the 65 facility needs while responsibly informing the public that the proposed 66 construction timelines associated with the PPEA process may not be financially 67 feasible; 68 69 BE IT FURTHER RESOLVED, THAT: 70 71 The City Council hereby requests the following at the conclusion of the term of 72 the Interim Agreement: 73 74 a. VBCPS provide the City Council with updated design and construction cost 75 estimates for the three facilities including the three cost options for each; and 76 77 b. VBCPS present to the City Council and the public a financing plan that is 78 sustainable and affordable for the School Board to support without a requested 79 tax increase or restructuring of the City/School Revenue Sharing Formula. As a 80 capital project, the use of one-time funding such as reversion funds should be 81 included in this consideration. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPF3..O\&ED AS TO LEGAL SUFFICIENCY: 2• or.ey's ffice CA15878 / R-3 (VM Sponsor) / February 15, 2023 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Carolyn T.Rye,Chair Kimberly A.Melnyk,Vice Chair _ District 5 Lynnhaven District 7 Princess Anne Beverly M.Anderson Sharon R.Felton Jennifer S.Franklin At .arge District 6- Beach District 2 Kf mpsv I e Dorothy M.Holtz Laura K Hughes Victoria C.Manning At Large At Large At-Large Jessica L.Owens Trenace B Riggs Carolyn D.Weems D .tr it 3-R:)se Hal District 1 -Centerville Di>t•i_'4 Bayside Aaron C.Spence,Ed.D Superintendent A RESOLUTION TO APPROVE THE SCHOOL BOARD'S ENTRY INTO AN INTERIM AGREEMENT FOR DESIGN WORK FOR PRINCESS ANNE HIGH SCHOOL,B.F.WILLIAMS/BAYSIDE 6TH,AND BAYSIDE HIGH SCHOOL WHEREAS,the School Board of the City of Virginia Beach,Virginia(hereinafter"School Board")received an unsolicited proposal for the design and construction of Princess Anne High School,B.F.Williams/Bayside 6th,and Bayside High School (the"Projects"); WHEREAS,following the required procedures under the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA")and School Board Policy 3-71,the School Board accepted the unsolicited proposal and solicited competing conceptual proposals; WHEREAS,after review of two conceptual proposals,the School Board requested detailed proposals from the two firms that submitted conceptual proposals; WHEREAS,after review of the detailed proposals,the School Board negotiated an Interim Agreement with the preferred proposer,S.B.Ballard Construction Company; WHEREAS,the School Board posted the Interim Agreement for the required 30 days and held a public hearing June 28, 2022; WHEREAS,the proposed Interim Agreement will advance design of the Projects over the next twelve months,which should also allow the development of a proposed comprehensive agreement,for the Projects with a not-to-exceed cost of $15,404,544; WHEREAS,the PPEA requires a school board obtain approval from the local governing body prior to entry into an interim or comprehensive agreement. NOW,THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,VIRGINIA.THAT: 1. The School Board determines that entering into the Interim Agreement with S.B. Ballard Construction Company is in the best interest of the School Board and the School Division. 2. That this Resolution and the supporting documents should be sent to the City Council for approval for the School Board to enter into the Proposed Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 3. That,upon approval by the City Council,the Chair or designee is authorized to enter into and/or execute ,..•``"`%., any and all documents or take any necessary actions to execute the Proposed interim Agreement. �k o f jr/ 14,,,.•' ••�/,f�• Adopted by the School Board this 9th day of August,2022 ce • : el C3 All a !.f10• S ani7Y M •• am. % Carolyn T. Rye,alai Ye...—. O •'. ''4TTEST: • . oE / S Regina .Toneatto,Clerk of School Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I PO Box 6038 ' Virginia Beach Virginia 23456 0038 www.vbschools.com VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Trenace B. Riggs, Chair Carolyn D. Weems, Vice Chair District 1-Centerville _ District 9 Beverly M. Anderson Kathleen J. Brown Michael R. Callan At-Large District 10 District 6 David Culpepper Jennifer S. Franklin Victoria C. Manning District 8 District 2— Kempsville At-Large Staci R. Martin Kimberly A. Melnyk Jessica L. Owens District 4 District 2 District 3—Rose Hall Aaron C. Spence, Ed.D., Superintendent RESOLUTION APPROVING THE SCHOOL BOARD'S ENTRY INTO A PROPOSED INTERIM AGREEMENT FOR DESIGN WORK FOR PRINCESS ANNE HIGH SCHOOL, B.F.WILLIAMS/BAYSIDE 6TH,AND BAYSIDE HIGH SCHOOL WHEREAS,the School Board of the City of Virginia Beach,Virginia (hereinafter"School Board") received an unsolicited proposal for the design and construction of Princess Anne High School, B.F.Williams/Bayside 6th, and Bayside High School(the"Projects"); WHEREAS,following the required procedures under the Virginia Public-Private Education Facilities and Infrastructure Act("PPEA") and School Board Policy 3-71,the School Board accepted the unsolicited proposal and solicited competing conceptual proposals; WHEREAS,after review of two conceptual proposals,the School Board requested detailed proposals from the two firms that submitted conceptual proposals; WHEREAS,after review of the detailed proposals,the School Board negotiated a Proposed Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; WHEREAS,the proposed Interim Agreement will advance design of the Projects over the next twelve months, which should also allow the development of a proposed comprehensive agreement,for the Projects with a not-to-exceed cost of$15,404,544; WHEREAS,the School Board posted the Proposed Interim Agreement for the required 30 days and held a public hearing June 28, 2022. The School Board approved a Resolution on August 9, 2022 to enter into the Proposed Interim Agreement and that the Superintendent present the Interim Agreement to the City Council for approval; WHEREAS,the PPEA requires a school board obtain approval from the local governing body prior to entry into an interim or comprehensive agreement. WHEREAS,the City Council has reviewed the Proposed Interim Agreement on multiple occasions but deferred a vote on the School Board's request for approval to enter into the Proposed Interim Agreement. On February 21,2023,the City Council requested that the School Board again vote on the Proposed Interim Agreement and inform the City Council whether the School Board continues to support the request that the City Council approve the Proposed Interim Agreement. Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach,Virginia 23456 0038 wvw.v.vbschools.corn 40 : �* -*A � VIRGINIA BEACH CITY PUBLIC SCHOOLS pi CHARTING THE COURSE Page 2 RESOLUTION APPROVING THE SCHOOL BOARD'S ENTRY INTO A PROPOSED INTERIM AGREEMENT FOR DESIGN WORK FOR PRINCESS ANNE HIGH SCHOOL, B.F. WILLIAMS/BAYSIDE 6TH,AND BAYSIDE HIGH SCHOOL (Continued) NOW,THEREFORE,be it: RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,VIRGINIA: That: 1.The School Board reviewed the Proposed Interim Agreement and hereby confirms that the School Board, continues to request that the City Council approve the School Board to enter into the Proposed Interim Agreement with S.B. Ballard Construction Company. 2.That this Resolution and the supporting documents should be sent to the City Council for approval for the School Board to enter into the Proposed Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 3.That,upon approval by the City Council,the Chair or designee is authorized to enter into and/or execute any and all documents or take any necessary actions to execute the Proposed Interim Agreement. Adopted by the School Board this 28th day of February, 2023 jjer gc,..... ice., i' i 0.' r. •:• `Y'• Owl �: S E ,I ; Trenace B. Riggs,Chair OVAL l • ,tp491/3s• I A`�4 ATTEST: Regina M. oneatto Clerk of School Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O Box 6038 I Virginia Beach.Virginia 23456 0038 wwwvbschools.corn � t4Yii CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Accept the Donation and Installation of Playground Equipment at the Pembroke Meadows Lake Park from the Civic League of Pembroke Meadows MEETING DATE: March 7, 2023 • Background: In April 2022, the Civic League of Pembroke Meadows contacted the Department of Parks and Recreation to request an additional playground specific to children aged two to five. This request was for such playground to be installed at Pembroke Meadows Lake Park, which is a City park. Parks and Recreation design standards for public parks does not include play equipment for this age group unless it is located at a recreation center providing early childhood day care services. The Civic League asked if it could donate the playground for this age group. Parks and Recreation staff developed a site plan and a cost estimate using one of the Department's playground vendors. The site plan would have the new playground placed adjacent to a recently replaced playground for children aged five to twelve. The Civic League of Pembroke Meadows notified Parks and Recreation in September 2022 that it had the funds available and would commit to pay for the cost of the equipment and installation of the playground and would donate it to the City. The installation is scheduled to occur this spring if the donation is approved by the City Council. • Considerations: The installed cost of the playground is $60,337.94. The equipment scheduled to be installed meets Parks and Recreation's materials standards, and once installed and the donation is accepted, the playground would become a City asset. Administrative Directive 1.18 requires that the City Council accept donations valued over $25,000. This directive also requires that the City Council accept donations that create a long-term obligation for the City. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: ,4/) 1 AN ORDINANCE TO ACCEPT THE DONATION AND 2 INSTALLATION OF PLAYGROUND EQUIPMENT AT 3 THE PEMBROKE MEADOWS LAKE PARK FROM THE 4 CIVIC LEAGUE OF PEMBROKE MEADOWS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 A donation of playground equipment and installation at Pembroke Meadows Lake 10 Park, with a value of$60,337.94, is hereby accepted from the Civic League of Pembroke 11 Meadows. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 3 udget and Management Services City Attorney's Office CA16094 R-1 February 22, 2023 r us ,u s3 CITY OF VIRGINIA BEACH AGENDA ITEM 41 ITEM: An Ordinance to Transfer $300,000 of General Fund Vacancy Savings for Work Associated with the Update to the Comprehensive Plan MEETING DATE: March 7, 2023 • Background: The City's current comprehensive plan is seven years old and requires an update to meet the state standards. The Comprehensive Plan is the main policy document that guides the future growth and development within the City. The updated efforts will require extensive in-person community engagement. This funding request will support the public input phase and assist with the design and compilation of the final policy document. The total funding needed is estimated to be $300,000. • Considerations: The attached ordinance redirects $300,000 of General Fund vacancy saving to the Operating Budget of the Planning Department. This funding will allow staff to have more capacity to analyze data and write a plan that that reflects the vision of the City Council and the community as a whole. The entire $300,000 may not be fully committed in FY 2022-23, so it is possible some of these funds will need to be carried forward into FY 2023-24. All carry forward requests are approved by the City Council. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: PrO 1 AN ORDINANCE TO TRANSFER $300,000 OF GENERAL 2 FUND VACANCY SAVINGS FOR WORK ASSOCIATED 3 WITH THE UPDATE TO THE COMPREHENSIVE PLAN 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $300,000 of General Fund vacancy savings is hereby transferred to the FY 2022- 9 23 Operating Budget of the Planning Department to fund the work associated with the 10 update of the City of Virginia Beach Comprehensive Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services C tt ney's Office CA16092 R-1 February 20, 2023 L. PLANNING 1. TONY SAADY & LINA A. SAADY / TONY J & LINA AZAR-SAADY, TRUSTEES OF TONY& LINA SAADY REVOCABLE LIVING TRUST & 5020 ATLAS GROUP, LLC for a Variance (Section 4.1(m) of the Subdivision Regulations) re subdivide two (2) lots at 5020 Lord Felton Lane&parcel directly west of 5020 Lord Felton Lane DISTRICT 9 (Formerly District 4 - Bayside) Deferred from February 7, 2023 RECOMMENDATION: APPROVAL 2. RUDOLF DEVELOPMENT GENERAL BOOTH, LLC & ATLOW GROUP, INC / RUDOLF DEVELOPMENT GENERAL BOOTH, LLC (PROPERTY OWNER) for a Modification of Proffers to a Conditional Change of Zoning and Conditional Use Permit re indoor recreational facility at property directly east of 1700 General Booth Boulevard&north of Edison Road DISTRICT 5 (formerly District 7 - Princess Anne) Approved June 10, 2003 RECOMMENDATION: APPROVAL 3. 1900 VIRGINIA BEACH BLVD., LP for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-2 Community Business District and Conditional Use Permit re bulk storage yard at 1900, 1902, 1904, 1906, and 1912 Virginia Beach Boulevard; 303, 305, 307, 309, 311, 313 and 315 Maxey Drive DISTRICT 6 (formerly District 6 - Beach) RECOMMENDATION: APPROVAL 4. SXCW PROPERTIES II, LLC /VICTOR ALPHA ASSOCIATES, LLC for a Conditional Use Permits re car wash facility & automobile service station at 5480 Virginia Beach Boulevard DISTRICT 4 (formerly district 2 - Kempsville) RECOMMENDATION: APPROVAL 5. VB BTS II, LLC /VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8 (Formerly District 5 - Lynnhaven) Deferred from February 7, 2023 RECOMMENDATION: APPROVAL 6. An Ordinance to AMEND City Zoning Ordinance (CZO) Section 2004 re dimensional and other requirements in the Historic Kempsville Area Overlay District(Sponsored by Council Member Berlucchi) RECOMMENDATION: APPROVAL ra +� .lett 11.1 "e NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, March 7,2023 at 6:00 p.m.in the Council Chamber at City Hall,2^d Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: fttos://vbgov.webex.comivbgov/onstage/g.oho7MTl D=eaff6135659 e6cd1376ca 128a4e8•.a498 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 7,2023. The following requests are scheduled to be heard: Tony Saady&Lina A.Saady(Applicants)Tony J&Lina Azar-Saady,Trustees of Tony& Lina Saady Revocable Living Trust & 5020 Atlas Group, LLC (Property Owners)Subdivision Variance(Section 4.1(m)of the Subdivision Regulations)Addresses: 5020 Lord Felton Lane&Parcel directly west of 5020 Lord Felton Lane GPIN(s):1469838141.1469826953 City Council: District 9 Rudolf Development General Booth, LLC & Atlow Group, Inc (Applicants) Rudolf Development General Booth, LLC (Property Owner)Modification of Proffers Conditional Use Permit(Indoor Recreational Facility)Address:Parcel directly east of 1700 General Booth Boulevard & north of Edison Road GPI N(s):2415532272 City Council:District 5 1900 Virginia Beach Blvd., LP (Applicant & Property Owner) Conditional Rezoning(A-12 Apartment District to Conditional B-2 Community Business District)Conditional Use Permit(Bulk Storage Yard)Addresses: 1900,1902, 1904,1906,and 1912 Virginia Beach Boulevard;303,305,307,309,311, 313 and 315 Maxey Drive GPIN(s):2407467406,2407466302 City Council: District 6 SXCW Properties II, LLC(Applicant)Victor Alpha Associates, LLC(Property Owner) Conditional Use Permits (Car Wash Facility&Automobile Service Station) Address: 5480 Virginia Beach Bouievard GPIN(s): Portion of 1467482294 City Council:District 4 VB BTS II, LLC (Applicant) Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Property Owner) Conditional Use Permit (Communication Tower) Address: 568 North Lynnhaven Road GPIN(s): 1487983864 City Council:District 8 City of Virginia Beach -An Ordinance to amend Section 2004 of the City Zoning Ordinance pertaining to the dimensional and other requirements in the Historic Kempsville Area Overlay District.(Sponsored by Council Member Berlucchi) Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc.For information call 757-385-4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-FEBRUARY 19,2023&FEBRUARY 26,2023-1 TIME EACH \ \s "___ • 6.7- ,--_________,\,„... .t 0 zcf,. a0 te7, * 4 N \ ( _ \ Cj- - 'i)�� I CS 'V? 'V49 a , o 0 , 'Ne >I% ,p _ ? >1 CI \ : Pr 2 i GD 44:4 \ CO 73 cz Q _ J 0 c vc Zr. rJ � 0 a) -2 cUJJ o = O E� ,O NO in O � H -(-------1 1 L 7. -i . ..‘,.. , J O N O O w Io >, z o a cc =• m c 1 (1) a nrn CC) CL �,r lA 1 Ci S' �y�<• s., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: TONY SAADY& LINA A. SAADY [Applicants] TONY J. & LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST & 5020 ATLAS GROUP, LLC [Property Owners] Subdivision Variance (Section 4.1(m) of the Subdivision Regulations) for the property located at 5020 Lord Felton Lane & parcel directly west of 5020 Lord Felton Lane (GPIN 1469838141, 1469826953). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: March 7, 2023 (Deferred on February 7, 2023) ■ Background: At the February 7, 2023 City Council public hearing, Council deferred this request to allow proper advertisement of the application as the property owner for one of the parcels was recently changed. Other than the change in ownership for one of the parcels, no other changes have been made to this request. The two existing lots were created by deed in 1951, prior to the adoption of the City's Subdivision Regulations. Lot B-1 is developed with a single-family dwelling that will remain and Lot B-2 is currently vacant. The applicant seeks to subdivide these two lots into three single-family dwelling lots. A Subdivision Variance to Section 4.1(m) of the Subdivision Regulations is needed as the existing right-of- way width for Lord Felton Lane, is only 16 feet wide, where the Ordinance requires a minimum width of 24 feet. Existing conditions today show up to 4-feet of Lord Felton Lane pavement is on the applicant's property. Except for street width, the proposed lots meet all the dimensional standards for property zoned R-40 Residential District. • Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. The Planning Commission finds that strict application of the Ordinance produces an undue hardship as requiring the widening of Lord Felton Lane will hinder the lots' ability to meet dimensional standards. These lots and substandard width of Lord Felton Lane were established prior to the adoption of the Subdivision Regulations. The street has existed in its current condition for many years without incident and the City has no current plans to widen or otherwise improve Lord Felton Lane beyond what exists today. As the Lord Felton Lane pavement encroaches onto the applicant's property, the applicant has agreed to dedicate a 4-foot strip of land to fix this encroachment. The Tony Saady & Lina A. Saady Page 2 of 2 hardship occurs due to the timing of the dedication, which, if dedicated on the subdivision plat, would make the lots too small and would require a second variance as to lot size. The applicant has agreed to Condition #3 that the dedication for the road width will occur, but that it will take place immediately after the plat is recorded and prior to any development of the lots. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 11 , 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 9-0, to recommend approval of this request. 1 . When these properties are subdivided, they shall be substantially in accordance with the submitted subdivision exhibit entitled "Subdivision Plat of Part of Site B2," dated January 5, 2022, and prepared by MSA, P.C. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lots B2-A and B2-B are developed, the building exteriors shall substantially adhere to the renderings shown on page eight (8) of this report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The applicant shall reserve for dedication to the City land toward making Lord Felton Lane a minimum of 24 feet wide. Said reservation for future dedication shall be a minimum of four (4) feet wide along the entire length of Lord Felton Lane that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. 4. The land seaward of the site along Lake Smith is City of Norfolk's property. Management of vegetation and trees within this area shall be coordinated with the City of Norfolk. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ) Submitting Department/Agency: Planning Department C ,V r- City Manager: eIc9 Applicants Tony Saady& Lina A. Saady1VB Agenda Item Property Owners Tony J. & Lina Azar-Saady, Trustees of Tony & Lina Saady Revocable Living Trust & 5020 Atlas Group, LLC Planning Commission Public Hearing January 11, 2023 2 City Council District 9,formerly Bayside Virginia Beach Request Subdivision Variance (Section 4.1(m) of the Subdivision Regulations) �o o r Recommendation eNST°"f DR o ���o o. � Approval k�o�� �� ���� RE°WA`N �a,,et-`'oy:- Staffa RjNAMP .N... 1,i Staff Planner H oa N. D a o coof,e1-°s,E►.L Ro A al �'�'_ Location lx SZ 5020 Lord Felton Lane & parcel directly west of - (-7----1 ;:"111 ‘1\ C*. 4. tti, 5020 Lord Felton Lane �o� GPIN eq, �! 1469838141, 1469826953 eRct.'FPpr �-��P a' Site Size ' �o �. 2.75 acres ,� o09.t- '� AICUZ y4�°s to". ° ,PJD.P� Less than 65 dB DNL �O G �o��° Watershed , ,o`?N Chesapeake Bay Existing Land Use and Zoning District a, Single-family dwelling, undeveloped parcel/ R- {» . •,�--tr, Z s • • 40 Residential _ '' '� 4 Surrounding40- Land Uses and ZoningDistricts `� *- . ,-~ �'s . ,* - r North . ;, �. y V Lake Smith �o� Single-family dwellings/ R-40 Residential o� South '< _ ,,. • ,- 4a s Lord Felton Lane -.1 - ', ,..-/T-• „ 4` "Single-family dwellings/ R-40 Residential _ z East ‘ ;`' it•i► Single-family dwelling/ R-40 Residential ` �, '`• ,,, ' West 4 , Lake Smith A - s - '" 4. t,,�` • Single-family dwelling/ R-40 Residential / - #� tilid, ; p. i Tony Saady& Lina A. Saady Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant seeks to subdivide two existing lots into three single-family dwelling lots. A Subdivision Variance to Section 4.1(m) of the Subdivision Regulations is needed as the existing street width is only 16 feet wide, where the Ordinance requires a minimum street width of 24 feet. • The two current lots were created by deed in 1951, prior to the adoption of the Subdivision Regulations. Lot B-1, as identified on the site layout on page six of this report, is developed with a single-family dwelling that will remain. Lot B-2, also identified on the site layout on page six of this report, is currently vacant; a residence formerly located on this site was demolished in 2009. • As shown below,the proposed lots meet the dimensional standards for property zoned R-40 Residential District. Required Required Minimum Required Minimum Proposed Lot q Proposed Lot Proposed Proposed Lot Width Lot Area Area Minimum Street Width Lot Width Street Width (feet) (feet) (square feet) (square feet) (feet) (feet) B1-A 125 197.43 40,000 40,000 B2-A 125 210.06 40,000 40,000 24 16* B2-B 125 130.30 40,000 40,000 *Variance Requested ca -1----4,,,,_ I, ,..,`- '... ) f \ //• , No Zoning History to Report ) v / \ ' It I* 07 II ha. 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 The proposal to create three single-family lots out of two existing lots, in Staff's opinion, is acceptable as each lot will meet the minimum dimensional standards for property zoned R-40 Residential District. Lord Felton Lane is a Tony Saady& Lina A. Saady Agenda Item 2 Page 2 substandard right-of-way being only 16 feet wide rather than the 24 feet minimally required under current standards for an alley. As the street has existed in its current condition for many years without incident, as the City has no plans to improve and widen Lord Felton Lane beyond what exists today, and as increasing the right-of-way width would significantly alter the character of the area, Staff is supportive of the request to deviate from this requirement. Existing conditions today show a portion of Lord Felton Lane pavement is up to 4' existing on the applicant's property. Condition 3 is recommended that requires a minimum dedication of four feet wide along Lord Felton Lane,which is half of the width requirement for a 24 feet wide alley.The applicant is agreeable to this condition. Although this required dedication will technically reduce the lot areas just under 40,000 square feet for each lot when the lots are legally recorded,the operation and usage of Lord Felton Lane will not change and the minimal dedication will not have a demonstrable difference in the appearance of the residences on the lots. Section 9.3 of the Subdivision Regulations indicates that City Council shall not approve a Subdivision Variance unless specific findings can be made. A brief analysis of each required finding is provided below. No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Staff Analysis: These properties and substandard width of Lord Felton Lane were established prior to the adoption of the Subdivision Regulations. Strict application of the Ordinance produces an undue hardship as requiring the widening of Lord Felton Lane will hinder the lots'ability to meet dimensional standards. The hardship occurs due to the timing of the dedication, which, if dedicated on the subdivision plat, would make the lots too small and would require a second variance as to lot size. The applicant has agreed to the condition that the dedication for the road width will occur, but that it will take place immediately after the plat is recorded and prior to any development of the lots.A reservation for this future dedication will be shown on the subdivision plat. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Staff Analysis: The surrounding area consists of single-family dwellings. The proposed single-family developments would not be detrimental or adversely affect the character of the area as it will continue the established pattern of development. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Staff Analysis: The proposal is not recurring in nature;an amendment to the Ordinance is not required. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Staff Analysis: The hardship is not self-inflicted. These properties and width of Lord Felton Lane were established prior to the adoption of the Subdivision Regulations. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff Analysis: The hardship is created by the requirements of the Ordinance. The substandard width of Lord Felton Lane was established prior to the Subdivision Regulations and the proposed lots meets the minimum dimensional standards for property zone R-40 Residential District. In sum,the proposed lots will not be out of character with the surrounding area.These properties are located in Lakeview Park where many of the lots and streets are substandard by today's standards, as they were established before the Tony Saady& Lina A. Saady Agenda Item 2 Page 3 Subdivision Regulations were put into place in 1953. Based on these considerations, Staff recommends approval of the Subdivision Variance request subject to the conditions listed below. Recommended Conditions 1. When these properties are subdivided,they shall be substantially in accordance with the submitted subdivision exhibit entitled "Subdivision Plat of Part of Site B2," dated January 5, 2022, and prepared by MSA, P.C. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lots B2-A and B2-B are developed,the building exteriors shall substantially adhere to the renderings shown on page eight (8) of this report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The applicant shall reserve for dedication to the City land toward making Lord Felton Lane a minimum of 24 feet wide. Said reservation for future dedication shall be a minimum of four(4) feet wide along the entire length of Lord Felton Lane that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. 4. The land seaward of the site along Lake Smith is City of Norfolk's property. Management of vegetation and trees within this area shall be coordinated with the City of Norfolk. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as located within the "Suburban Area."Three guiding planning principles have been established to guard against possible threats to the stability of Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.This is accomplished by providing planning guidance that ensures appropriate and sustainable use of land,the protection of natural and designed open spaces as well as places and buildings or cultural and historic significance, and the provisions of utilities,transportation, and services adequate to meet existing and future needs. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Preservation Area and is adjacent to Lake Smith. Lake Smith serves as a drinking water reservoir for the City of Norfolk. The land seaward of the site along Lake Smith is City of Norfolk property. Management of vegetations and trees withing this area should be coordinated with the City of Norfolk. There are no cultural resources present on the site. Tony Saady& Lina A. Saady Agenda Item 2 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lord Felton Lane No Data Available Existing Land Use Z—10 ADT Proposed Land Use 3—30 ADT 1 Average Daily Trips 2 as defined by a single-family 3 as defined by three single-family °LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lord Felton Lane is a two-lane undivided 16-foot-wide local street.There are no roadway improvements scheduled for this roadway. Public Utility Impacts Water City water is available. There is an existing four inch city water main along Lord Felton Lane. Sewer City sanitary sewer is available. There is an existing eight inch city sanitary sewer gravity main along Lord Felton Lane. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 22, 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 January 5, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • 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 February 20, 2023. • 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 March 3, 2023. Tony Saady& Lina A. Saady Agenda Item 2 Page 5 Existing Lots ''',C oiHj 1 e 'I liJ 1A1 t / $$ §0 . oa ,„. t' zzw sKv tc{� °1,t .4 Cgs Fir,. 1- o<", n * .tEsu sex WeV mi o-ts. t /., a �C , C •"'. 'g5- �^8sh' h1 / l 1 d— Egit N o .h li >L se g A it !kig el '' z t: Eilv: / /!/i. Z hF: itsti J ti r/o ss a. 3.OS.Cu.9:S '' . 1 ‘ li 5_ ‘\ ‘ •\ti.\\\*..& :IP! ..-`-,-',w( 1,':' ilo 8 i 4E g mgmwx „ 9 (�—/� t5�.ti Yt5 R P F il- 545E SY'E \` t of do 1 q no 1itt f/ K $0, ql f t E l l C y C i lC Nam" `k, Ctt 5 g - ------ ! '8: 0-lie! o �„ 2:0 - ZI— ii _ t n \ Pi 9 v+ +� bt 1 NA LU hi Tony Saady& Lina A. Saady Agenda Item 2 Page 6 Proposed Subdivision y 4z.�fir, v` 1 the � /►I $$lit, Oita a tK ca rgn a��t acwt_'_""' *• .uYu - Br k rr oar ---I Q . zeA-- Ay g �& Y i /1 , <§ big `a Na�9 Kt>‘ • � tW . t ` ,, ..g 4 • z om si 0 fl I , _, 7 r-c , i'r •'/<.,1,4, '',3' „,,,,„___ L ! 7 ,, i , „f .ZS SE Cti { 4o Z W .gs.v ,05.C►Af5 II f@ p a kk ft r \\�p\�,,\I. it �, m$<E! t y�+� r— ` 1•4.1 ..0/, ram_- H.N 6 ' � e . i \ .- . ] � '• , P 1 �iof aspZ.!; � if s`c Z4 kii r `` a� I $ s I 1 J g � �� w.4 ,.,,, 'or:7) %-v, 11, gs t. ;, — ', k' i s 014.. ail it gg : .yak •'— • ,k a z$ k w i \m•,s1R, a./ V� R_ 'r h i i Tony Saady& Lina A. Saady Agenda Item 2 Page 7 Proposed Dwelling Renderings lir !Irl : • ii III off' II -mow _ Y°' - - y - `.- r . TLrr -"'S-iiint .._,. .. ;> ',yam • • # f !.._ . :-.410.,:,k: . Tony Saady& Lina A. Saady Agenda Item 2 Page 8 Site Photos . 111111111111411111.11r lir 1111.111r miliffi s. . _',1;1.;' -,IN•4414.1yr':ArAti .4 ' f ,* i.:.<1'',Vs:i '4, - - '; t--, '-': ""- 4- ---,. - ,. - -,_ ,,,,.. e ...‘.ai-L.*--.***‘ile,!,. •,:t -72-2'..i--,-,„.•,,..- , - ,•!'41* . "it :,!..41/•-,. .: .,L- -t. 44----;:7•iii.1:',.ev---_ :.-- . ` Yap c ' ( , sir 'ya , y t '41 V a��� aA • , * ;� ,*y -•-V`,- am• .� # -A,-••,, 4! ;., •• _,.. 4 • �� �r .4.:v„.....„ ,, , .. r,„...or , -4,. _-.. . --- r� - ,, t r } IT 1 7. . � �tl 4 �: �. , .waif Z ai`y•7 A` ` 1.• -_ �► � ..� ,�- .Vag! . fy..*i'} 1 i,-$••4f- �'k . 4 - t :'0 F' . Y E y tom' { t se)` { _t •t•--,-4-,011L, • ...y . ., ,_ 4,:;,. ..„... . •... ...:,..:, N 1114.4,0t- ,---•• i • • Y _„ft•• -'',* �+ r` /i4,4e. 'Sarnia V11111,,-.::j4----, .-44,:• ,. -,;, , ilf--.....f:•-•-*47,04:i- • i x .: . ds ,7 _is,. ,i }N J �� ?y�. �s, =ems • __yy 11 '�Si.Ks..,:o' P',...i7-4,4:e-ta,:,-,,__.,}.4,-A..' .. ; ,i._7 ..., i-,1J_ar#�,re-I j Tony Saady& Lina A. Saady Agenda Item 2 Page 9 Disclosure Statement Disclosure Statement \13 Crt y of Virytr ur 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 Tony Saady&Lina A.Saad,Individually and as Trustees of The Tony and Lina Saady Revocable Living Trust Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P C Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No ▪ If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Title to parcel having GPIN 1469-82-6953-0000 is held by the applicants'Revocable Living Trust to which they are the Trustees and Beneficiaries • 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 indirecty 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. Revrsod 11 09 2020 1 Tony Saady& Lina A. Saady Agenda Item 2 Page 10 Disclosure Statement Disclosure Statement \113 ray of Virginia Dent Planning&Community • Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑ No • If yes,identify the financial institutions providing the service. NewTowne Mortgage/Mortage Electronic Registration Systems,Inc. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 11 No • If yes,identify the firm and individual providing the service. S Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. Tony Saady& Lina A. Saady Agenda Item 2 Page 11 Disclosure Statement Disclosure Statement Ciry opirginia Bradt PIanning&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 Iii 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?to Yes ❑No • if yes,identify the firm and individual providing the service. Jeffrey Vierrether,MSA,P.C. 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of nor at the a 'on has been scheduled for public hearing,I am responsible for updating the informatio twirled herein two weeks prior t e meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or an ublic body or committee in connection wit this application. Ap 1'ant Signatur Tony J.Saa , e Lina A.Saady,Individually&as Trustee Print Name and Title February' F ,2023 Date is the applicant also the owner of the subject property? ❑Yes a 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 02.14.2023 Signature Print Name Hoa N.Dao u��ise:i,:.09.2020 3 I P d It c Tony Saady& Lina A. Saady Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement V,rviaki Beath anning&Community Development • Owner Disclosure Owner Name 5020 Atlas Group,LLC,a Virginia limited liability company Applicant Name Tony Saady&Lina A.Saad,Individually and as Trustees of The Tony and Lina Saady Revocable Living Trust Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?IS Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Title to parcel having GPIN:1469-83-8141-0000 is held by 5020 Atlas Group,LLC,to which Tony Saady and Lina A.Saady are Members • 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 li No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 Revised 11.09 2020 5 Tony Saady& Lina A. Saady Agenda Item 2 Page 13 Disclosure Statement • Disclosure Statement CO of-now Bosh 3 Planning&Commun40111111 — _ j., . 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 I No ▪ It yes,identify the financial institutions providing the service. 2. Does the Owner nave 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 Ol 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. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the p,,,cnaser acc p.:-c'-ase'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 i No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent n 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 6 Tony Saady& Lina A. Saady Agenda Item 2 Page 14 Disclosure Statement •t Disclosure Statement ��_ :•. �a v .. ; Q7Y cf 11444aBooch • y i Planning&community• '= ={`� •q :.� Development `'= 8. is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?® Yes 0 No • If yes,identify the firm and individual providing legal the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,N.C.;Jacob J.Balderson,Esq.,Davis Law Group,P.C. 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 pro ' rein two we s-p 'or to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any p c body or committee in connection ith this application, 50 Atlas Grou y, er Signature Tony Saa y, Lina A.Saady,Member Print Name and Title February Cy .2023 Date Tony Saady& Lina A. Saady Agenda Item 2 Page 15 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. Tony Saady& Lina A. Saady Agenda Item 2 Page 16 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 2 Tony Saady & Lina A. Saady (Applicants) Tony J. & Lina Azar-Saady, Trustees of Tony & Lina Saady Revocable Living Trust (Property Owner) Subdivision Variance (Section 4.1(m) of the Subdivision Regulations) Addresses: 5020 Lord Felton Lane & parcel directly west of 5020 Lord Felton Lane RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Next is Item #2, Tony Saady and Lina A. Saady, it's a Subdivision Variance. Please come forward representative Mr. Bourdon. Mr. Bourdon: Thank you Mr. Horsley, Mr. Chairman, and members of the Commission, for the record Eddie Bourdon, Virginia Beach Attorney representing Tony and Lina Saady. Tony has come down to the meeting this afternoon. We greatly appreciate being on the consent agenda. All four conditions as recommended by the staff are acceptable. Appreciate Hoa's work on this application, thank you. Mr. Horsley: Thank you, Mr. Bourdon. Are the conditions acceptable? Mr. Saady: Yes, all four conditions are acceptable. Mr. Horsley: Thank you, sir. Are there any opposition to this item? Hearing none, Mr. Redmond will read the item #2. Mr. Redmond:Thank you, Mr. Vice-chairman. This is an application of Tony and Lina Saddy for a Subdivision Variance Section 4.1(m)of the Subdivision Regulations at 5020 Lord Felton Lane in Virginia Beach in what used to be called the Bayside district. The applicant has a fairly simple application. The applicant seeks to divide two existing lots into three single-family dwelling lots. Subdivision Variance Section 4.1 of the Regulations is needed as the existing street width is only 16 feet wide, where the Ordinance requires a minimum street width of 24 feet. Two current lots were created in 1951 prior to the adoption of those Subdivision Regulations. Lot B1 is identified on the site layout that you can see before you and is developed with a single-family dwelling that will remain. Lot B2 is also identified on site layout and is currently vacant. There will be three lots created by this. The Commission has found, and the staff has found, and recommended approval that there is no hardship created to the public. All three lots to be created will be R-40, which is a minimum of 40,000 square feet. It's a very secluded spot. You wouldn't even know that there were a difference between 24 and 16 feet. There is no opposition to this application. As I say the staff recommended approval, and the Planning Commission therefore consents. Thank you, Mr. Vice Chairman. Mr. Horsley: To summarize, we've got five items on the consent agenda, #1 City of Virginia Beach, #2 Tony Saady and Lina A. Saady, #4 Lucy Gwaltney Clay, #6 K.M. Cash Construction Corporation, and #7 AGI-VB Holdings, LLC. Mr. Chairman, I have placed the motion that we approve these applications by consent. Mr. Alcaraz: Thank you, Mr. Vice Chair. Thank you. Do I have a motion to approve the consent as read by the Vice Chair. I have a motion to approve, Mr. Horsley and a second by Mr. Weiner. Madam Clerk: The vote is open. Mr. Horsley and Mr. Weiner, can you hit motion and second please. Vote is open. By a vote of 9 in favor, and 0 against agenda items #1, 2, 4, 6, and 7 have been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When these properties are subdivided, they shall be substantially in accordance with the submitted subdivision exhibit entitled "Subdivision Plat of Part of Site B2," dated January 5, 2022, and prepared by MSA, P.C. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lots B2-A and B2-B are developed, the building exteriors shall substantially adhere to the renderings shown on page eight(8)of this report,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The applicant shall reserve for dedication to the City land toward making Lord Felton Lane a minimum of 24 feet wide. Said reservation for future dedication shall be a minimum of four(4) feet wide along the entire length of Lord Felton Lane that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. 4. The land seaward of the site along Lake Smith is City of Norfolk's property. Management of vegetation and trees within this area shall be coordinated with the City of Norfolk. 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 - 44- Item V-Li PLANNING ITEM#51302 Upon motion by Councilman Maddox, seconded by Councilman Reeve, City Council ADOPTED an Ordinances upon application of GENERAL EDISON, L.L.C. for a Conditional Change of Zoning and Conditional Use Permit ORDINANCE UPON APPLICATION OF GENERAL EDISON, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 ANDAG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 Z06032148 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of General Edison,L L C for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional B-2 Community-Business District on the north side of Edison Road, 285 91 feet east of General Booth Boulevard The Comprehensive Plan recommends use of this parcel for residential use at or above 3 5 dwellings units per acre or for commercial use consistent with the policy recommendations of the plan (GPIN 2415439381, 2415439012) DISTRICT 7—PRINCESS ANNE The following condition shall be required 1 An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court ORDINANCE UPON APPLICATION OF GENERAL EDISON L L C FOR A CONDITIONAL USE PERMIT FOR A MINI-WAREHOUSE TOWER R060331105 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of General Edison L L C for a Conditional Use Permit for a mini-warehouse facility on the north side of Edison Road, 285 91 feet east of General Booth Boulevard (portion of GPIN 2415439381, 2415439012) DISTRICT 7—PRINCESS ANNE The following conditions shall be required 1 The site shall be developed in substantial conformance with the submitted site plan entitled, "Conceptual Site Layout and Landscape Plan of Commercial Use & Mini-Storage General Booth Boulevard Virginia Beach, VA,"prepared by MSA, PC and dated 3/27/03, which has been exhibited to the City Council and is on file in the Planning Department June 10, 2003 - 45 - Item V-L5. PLANNING ITEM#51302(Continued) 2 The architectural design elements and exterior building materials for the northern and western facades of the mini storage facility shall be substantially in conformance with the submitted elevations entitled, "Storage Facility, "prepared by Ansell Collins Astrin Architects,dated 12/20/02,which have been exhibited to the City Council and are on file in the Planning Department 3 No barbed wire,razor wire or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property 4 The installation of chain link fencing shall not be permitted on the site 5 All outdoor lighting shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded and focused way from all adjoining property Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet 6 There shall be no electric powered or diesel powered generators or generators fueled by any other source of energy located outside of any building 7 The storage units shall be used only forstorage of non-hazardous goods 8 The units shall not be use for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods These Ordinances shall be effective in accordance with Section 107(,9 of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth ofJune, Two Thousand Three June 10, 2003 i---1,„,- 7-115`J/1/) ' i I cOL- - 1:Z<-'6,D %//� '� P�DH1 _0\0 if B2B2 AG 1 PDH1 / -- `in/4 a AG 1 R51 / R6D , Q, I f 4i5D n .1 (\ � //� R5D dry B.2 Qi ?f-- C7/# \ cy, / /.,3/ - entie - :* ' *44 0 n ) „),„,,bH-•, 6g, ') , - _ ____ ti _____ a.A c- Q 0 _ 7 /\/,,O,,,,,a-1/o.-)Pc,DH1 ,� --s r ",-7--i, / 00P,,,-,1 o '1,/' rTh --•- �„ , $1B2 B2 Pi a� q O o d / alo- .C. l' ,S° ' ''r EL] o �7 1SD7.2...:<y.70 0 ftv§ AG 1 RS-D _ I e &___ , AG 1 R5 D ' 41? '----4 0 ':C? T!c,j),-Cjo : .� Q �- �� Eais i AG2 o /e? , -_ aa_ 0 R5D oR5DAG2R�-- AG2 0- - * ' B2 B2 - � �-( w,., / , 'Z7 / - A. a i i.- . 6 ... _ 11w .. _ _ . N Suite Rudolf Development General Booth, LLC & Atlow Group, Inc W ,�� .}., Site Parcel directlyeast of 1700 General Booth Boulevard �J /// s Property_Polygons & north of Edison Road Zoning — ii Noim Feet Building 0 40 80 160 240 320 400 480 frEWit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RUDOLF DEVELOPMENT GENERAL BOOTH, LLC & ATLOW GROUP, INC [Applicants] RUDOLF DEVELOPMENT GENERAL BOOTH, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning & Conditional Use Permit (Indoor Recreational Facility) for the property located directly east of 1700 General Booth Boulevard & north of Edison Road (GPIN 2415532272). COUNCIL DISTRICT 5, formerly Princess Anne MEETING DATE: March 7, 2023 • Background: The applicants seek to amend the proffered site layout and building design associated with the 2003 rezoning approval and a new Conditional Use Permit request to construct and operate a 32,625 square foot indoor recreation facility. The property is located within the 70-75 dB DNL and greater than 75 dB DNL of the Air Installations Compatible Use Zones (AICUZ). It is surrounded by commercial, warehouse, and shopping center uses to the north, west, and south. A residential neighborhood exists to the east. The building will be approximately 420 feet from the nearest residential property. The proffered elevations depict exterior building materials consisting of metal panels, concrete block, glazed aluminum windows, and metal canopies. As depicted on the concept plan, the proposed 166 parking spaces exceed the parking requirement of the Zoning Ordinance by three spaces. • Considerations: The Planning Commission concurred with Staffs finding that the request to amend the proffered site layout and building design and to construct and operate an indoor recreation facility at this location is acceptable. As this site is located within the high noise zones of the AICUZ where residential uses are deemed incompatible, an expansion or establishment of a commercial or industrial user may be the only development opportunity for this property. This location has very little exposure from General Booth Boulevard as access to the site is solely through an internal shared access road. The proposed use will generate less traffic volume compared to many uses that could be developed as a matter of right under the existing B-2 zoning designation such as a fast-food restaurant. While the proposed building exteriors resemble an industrial warehouse building, the proposed exterior design is compatible to the mini-warehouse storage facility on the adjacent parcel. The site layout was designed to reduce any intrusion upon Rudolf Development General Booth, LLC & Atlow Group, Inc Page 2 of 3 the residential properties to the east. The proposed building is located on the western side of the parcel, away from the portion of the property that adjoins the neighborhood. Additionally, there is an existing 105-foot wide drainage and impoundment easement with vegetation that runs along the eastern property line which will limit future development in the area immediately adjacent to the residences. Staff has reviewed the conceptual stormwater management strategy and agrees it has the ability to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual and Stormwater Management Ordinance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On February 8, 2023, the Planning Commission passed a motion to recommend these items on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of these requests. Proffers: 1. When the Property is developed and landscaped, it shall be substantially as depicted on the exhibit entitled "Conceptual Site Design — Parcel B", prepared by WPL and dated October 15, 2022, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Site Plan"). 2. When the building shown on the Site Plan is developed, the architectural design, exterior building materials and colors shall be substantially as depicted and described on the pages number 2 and 3 of the renderings designated "South Elevation — View Towards Parking"; "North Elevation — View Towards One Life Fitness"; "East Elevation — View Towards Wooded Area"; and "West Elevation — View Towards General Booth Blvd.", on that exhibit entitled "Skyzone Elevations", dated October 15, 2022, prepared by Cuboid Architecture, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Renderings"). 3. The proffers, covenants, restrictions and conditions contained in the 2003 Proffers remain in full force and effect solely as to the balance of the original Parcel therein described. Conditions: 1 . Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be Rudolf Development General Booth, LLC & Atlow Group, Inc Page 3 of 3 no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Department of Planning for review and approval. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the exhibit entitled "Conceptual Planting Plan", prepared by WPL and dated October 15, 2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal. The exterior lighting shall be no taller than 20 feet in height, with the exception of any lighting of the overflow parking area on the eastern side of the property and the driveway leading to it which shall not exceed 14 feet in height. All lighting shall be shielded and directed down and inward toward the property and away from adjacent properties. 4. Any trash compactors or dumpsters located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. 5. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: filk‘) Applicants Rudolf Development General Booth, LLC & Atlow Agenda Group, Inc Items Property Owner Rudolf Development General Booth, LLC 2 & 3 ciryor Planning Commission Public Hearing February 8, 2023 Virginia Beach City Council District 5,formerly Princess Anne Requests #2 - Modification of Proffers #3 -Conditional Use Permit (Indoor t. .11 - Recreational Facility) '.— Dads Neck-464- 1 - #. Staff Recommendation - i 3 g It Approval Nf 1 tl Staff Planner / J. . U • 40 Hoa N. Dao 1) . Location 4)11P.. N Parcel directly east of 1700 General Booth Boulevard & north of Edison Road i)q ilmr, GPIN 2415532272 e Site Size 6.46 acres aly. AICUZ \ - ? 70-75 dB DNL, >75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District t, . .• m _ ,�' ,. 'z f Undeveloped parcel/Conditional B-2 2 '. _ , ., 4 Community Business A. 1 f , �,,'_ `'‘ 4 Surrounding Land Uses and Zoning Districts , Ci . �` � ^. ' North -4 : Shopping center/ B-2 Community Business _ : / '�' = ;; ` South '� a� ``. •' '' - ' Q Edison Road J `K Retail commercial, mini-warehouses 'w ' undeveloped lot/ B-2 Community Business, AG- r ', , 1 Agriculture,AG-2 Agriculture p i x': 4`--. , East , tl rs-Ma'; -e'rt t 1 ,- Single-family dwellings/ R-5D Residential 01EE. ' i - , West Restaurants, commercial retail/ B-2 Community Business Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 1 Background & Summary of Proposal • The applicant, Rudolf Development General Booth, LLC, seeks a Modification of Proffers to a Conditional Rezoning approved by City Council in 2003. Proposed modifications include changes to the proffered site layout and building design. In addition,the co-applicant,Atlow Group, Inc., seeks a Conditional Use Permit to construct and operate a 32,625 square feet indoor recreation facility. • The property is located within the 70-75 dB DNL and greater than 75 dB DNL of the Air Installations Compatible Use Zones (AICUZ). It is surrounded by commercial,warehouse, and shopping center uses to the north, west, and south. A residential neighborhood exists to the east, across a 105-foot wide drainage easement. • As shown on the concept plan,the building will be approximately 420 feet from the residential properties to the east. The applicant proposes to retain the existing vegetation within this area to provide screening of the onsite activities from the adjacent dwellings. • The proffered elevations depict exterior building materials consisting of metal panels, cement block, glazed aluminum windows, and metal canopies. • As proposed, the use requires 163 parking spaces. The 166 parking spaces depicted on the proffered concept plan exceed the parking requirement of the Zoning Ordinance by three spaces. PD1 - .i 1 a 0 ro ,} �� r ,,> �� Zoning History {(S' G,+' °04; # Request / �s;,:/�� ..y m 1 CUP(Tattoo Parlor)Approved 09/08/2020 _ i . t O CUP(Indoor Recreational Facility)Approved 05/16/2017 v�• d. 7 .•�' �• °°° CUP(Motor Vehicle/Truck&Trailer Rentals)Approved +4� I//i - �•s � *I's i' 05/27/2014 b'„< /082 p: :• „ Q ; 1 2 CRZ(AG-2 to Conditional B-2)Approved 12/08/2015 t r 4 4``4sa ,` I! < 3 CUP(Communications Tower)Approved 05/25/2010 C��j • `© CUP(Mini-warehouse)Approved 06/10/2003 l � . 1 a•�D V D �. CRZ(AG-1&AG-2 to Conditional B-2)Approved • ,,• a�- dift, 06/10/2003 2 �- p q : . � 4 CUP(Automobile Repair Garage)Approved 01/12/1999 Ar p n, jj j 5 LUP(PD-H1)Approved 1981 �� .G2 • A'2,r�R=r / , 1- ii. 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 The request to amend the proffered site layout and building design and the request for a Conditional Use Permit to operate an indoor recreation facility are acceptable in Staff's opinion. The Comprehensive Plan recommends sustainable and complementary non-residential uses that maintain or enhance the existing characteristics of surrounding residential areas in this area of the city. In addition, non-residential development should include special considerations that mitigate potential noise, sight, and safety impacts on existing neighborhoods. Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 2 As this site is located within the high noise zones of the AICUZ where residential uses are deemed incompatible, an expansion or establishment of a commercial or industrial user may be the only development opportunity for this property. While the proposed building exteriors resemble an industrial warehouse building, the proposed exterior design is compatible to the mini-warehouse storage facility on the adjacent parcel. In addition,this location has very little exposure from General Booth Boulevard as access to the site is solely through an internal shared access road. The site is situated between commercial uses that front General Booth Boulevard and the Upton Estates residential neighborhood to the east.The proposed proffered layout was designed to reduce any perceived intrusion upon the residential properties. The proposed building is located on the western side of the parcel, away from the portion of the property that adjoins the neighborhood. Additionally,there is an existing 105-foot wide drainage and impoundment easement with vegetation that runs along the eastern property line which will limit future development in that area. Other than what removal may be required for maintenance of the drainage and impoundment easement,the existing vegetation will be retained and will continue to screen activities on this site from the adjacent residences. Furthermore, in Staff's view,the proposed use is compatible with other retail uses in the area. The proposed use will generate less traffic volume compared to many uses that could be developed as a matter of right under the existing B-2 zoning designation such as a fast food restaurant. In addition, Staff has reviewed the conceptual stormwater management strategy and agrees it has the ability to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. In sum, Staff recommends approval of these requests subject to the proffers as offered by the applicant and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Solely with respect to the Property herein described, the five (5) proffers contained in the 2003 Proffers are deleted and replaced with the following proffers: Proffer 1: When the Property is developed and landscaped, it shall be substantially as depicted on the exhibit entitled "Conceptual Site Design—Parcel B", prepared by WPL and dated October 15, 2022,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Site Plan"). Proffer 2: When the building shown on the Site Plan is developed,the architectural design, exterior building materials and colors shall be substantially as depicted and described on the pages number 2 and 3 of the renderings designated "South Elevation—View Towards Parking"; "North Elevation—View Towards One Life Fitness"; "East Elevation—View Towards Wooded Area"; and "West Elevation—View Towards General Booth Blvd.", on that exhibit entitled "Skyzone Elevations", dated October 15, 2022, prepared by Cuboid Architecture, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Renderings"). Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 3 Proffer 3: The proffers, covenants, restrictions and conditions contained in the 2003 Proffers remain in full force and effect solely as to the balance of the original Parcel therein described. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Department of Planning for review and approval. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the exhibit entitled "Conceptual Planting Plan", prepared by WPL and dated October 15, 2022,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal. The exterior lighting shall be no taller than 20 feet in height, with the exception of any lighting of the overflow parking area on the eastern side of the property and the driveway leading to it which shall not exceed 14 feet in height. All lighting shall be shielded and directed down and inward toward the property and away from adjacent properties. 4. Any trash compactors or dumpsters located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. 5. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. Proffers from 2003 CRZ Proffer 1: The site layout shall be developed substantially as shown on that certain exhibit entitled "Conceptual Site Layout and Landscape Plan of Commercial Use & Mini-Storage General Booth Boulevard VA. Beach,VA." Prepared by MSA, PC and dated 3/27/03 (the "Site Plan"), which has been exhibited to City Council and is on file with the Planning Department. Proffer 2: When developed,that portion of the Property depicted on the Site Plan as the Mini-Storage Area (the "Mini-Storage Area")shall be developed for a mini-warehouse facility, with accessory parking and other accessory site features. Proffer 3: When developed,that portion of the Property depicted on the Site Plan as the Commercial Area (the "Commercial Area") shall be developed for uses permitted in the B-2 District along with accessory parking and other accessory site features. Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 4 Proffer 4: The architectural design of the improvements in the Commercial Area shall be substantially compatible with the architectural style and materials reflected in the rendering entitled "Commercial Area" prepared by Ansell Collins Astrin Architects, which has been exhibited to City Council and is on file with the Planning Department. Proffer 5: The architectural design of the improvements located in the northern and western portions of the Mini-Storage Area shall be substantially compatible with the architectural style and materials reflected in the rendering entitled, "Storage Facility" prepared by Ansell Collins Astrin Architects and dated 12/20/02,which has been exhibited to City Council and is on file with the Planning Department. Comprehensive Plan Recommendations The subject property is located in the Suburban Area. One of the guiding development principles of the Suburban Area is the creation and maintenance of"Great Neighborhoods," which are stable and sustainable, and supported by complementary non-residential uses. Preserving neighborhood quality and characteristics requires non-residential uses to maintain or enhance the existing characteristics of surrounding residential areas, including special considerations to mitigating potential noise, sight, and safety impacts. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known cultural or historical resources that would be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2a—0 ADT General Booth Boulevard 29,000 ADT1 32,700 ADT 1(LOS 4"D") Existing Zoning 2b—3,520 ADT Proposed Land Use 3—460 ADT 1 Average Daily Trips 2a as defined by a vacant lot 3 as defined by a 32,625 square 4 LOS=Level of Service feet indoor recreation facility zbas defined by a 6.4-acre parcel zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is from an internal commercial access road that connects to General Booth Boulevard,which is a four- lane major suburban arterial, controlled access roadway, with variable (120 feet to 160 feet) right-of-way width. General Booth Boulevard is designated in the MTP as a six-lane, 150-feet right-of-way width arterial, and no roadway CIP projects are currently planned for this roadway. Stormwater Impacts Project Stormwater Design Staff Summary The project site consists of a proposed indoor recreation facility to be situated on a 6.46-acre parcel off General Booth Boulevard and Edison Road. Approximately 4.2 acres of land disturbance is anticipated for this development. The Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 5 proposed development is designed to drain into a proposed onsite stormwater management facility (SWMF) before discharging into an existing ditch that leads into Redwing Lake. Stormwater runoff from the site currently drains via overland flow towards an existing public drainage impoundment that runs along the eastern perimeter of the property. Stormwater runoff from the proposed building and surface parking lot will be collected by an onsite storm drainage system that will drain into a proposed Constructed Wetland facility to be located in the rear of the site.The proposed SWMF will treat both water quality and water quantity from the private development before discharging into the existing public drainage impoundment and leaving the site. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise (SLR). The City's Stormwater Master Drainage Model was used in the Preliminary Stormwater Analysis and included an offsite analysis to demonstrate that the development will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by John Sandow Engineering in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the ability to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area:4.2 Acres Pre-Development impervious area:0 Acres Post-Development impervious area: 2.09 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design increased rainfall amounts(NOAA plus 20%)and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Level II Constructed Wetlands Total storage volume provided in proposed stormwater management facility: 57,100 cf. (between normal water elevation and top of bank elevation) Description of outfall: Runoff is proposed to leave the site from the constructed wetlands through an outfall pipe and/or emergency spillway that discharges into the existing public drainage impoundment along the eastern perimeter of the site. Drainage leaves the site through a series of existing channels and storm pipe networks that ultimately drain into Redwing Lake. Downstream conveyance path: Drainage from Redwing Lake is part of the Dam Neck drainage basin which drains into Lake Tecumseh and into Back Bay. Back Bay drains through the Currituck Sound and ultimately out into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required:4.43 lb/yr Method of treatment proposed: 4.43 lb/yr will be removed with the Level II Constructed Wetlands Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 6 Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR)storm event. Public Utility Impacts Water The site must connect to City water. There is an existing eight-inch City water main along the north side of the property. Sewer The site must connect to City sewer.There is an existing eight-inch City sanitary sewer gravity main along the north side of the property. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 9, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 23, 2023. • 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 February 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • 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 February 20, 2023. • 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 March 3, 2023. Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 7 Proposed Site Layout & Landscape Plan 7.....:7_- III lllll 1 Vi Nriel ONINVld lIffIldil3N00 /PBSIM p 0 I1/011.10:41.0M•faarai 4 '4 ' b\„it i `77 -a ! "liumum"%WOW.i.aavaa MOW P ; ;ha il 1!" 1 ! 5 (5,,..55,555555:5,;(5,5, .5..,.555,55,.,•.5.,ft i SA..........1...-.' Ii. 1!W 217 -S 11- 1a.i1 i 0 'A 11 1 • _. 1 1 i' ''... Allillr"..." 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I.. _,: , 1 it EMS � ' ■Ni-i11 t /11f 11111 • iniiri { 4 < 7 *a • W • fil. - --11 Z 0 W Z U- • CC W NPR Q■i... v) Ram v) 0 0 Q cc cc u, 0 - 0 D C > .a z z ii 0 0 N Q I----: • ,. LU 'V...a, W f ..• I W kV Tar 21• _ CJ f— W v' p O c-) Z Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 10 Site Photos . . s:__ 4 •1-!". ,• • ' ' '' . •- .-4 .-4. ., ' .....70,'" ,'"".1.. . . .•j, ' ,,I.V,,,7,4..C • .,..t.,4-'. ' '...lit,1:: - A'."'''' 'Pit'M'' ' '" • • -, t:",..... . '`.!..k... . '",' ek....,..,..-...-. ,... •• . -- 1• '; ,... 1 . .. ''' - :•-•,- ' "1- •••• ...4r.v -'-'4. _4.,...-•,,,...-,..,-g --._. ....;:- _ . 1.'4, ...!,-..... -.-. i , •-• i „ - ,. • --, ••••• ,..—•.i 4,-, , ..; 7-1,411b4;'.1.-- to 7 —7-:, 2.f.''.' IP- _7 ir- • _..-. -,•- ' •--ve 1,. -•. `,.--i=......-:7_-% ,..70-...- --• - - 4 mez .r.....=,,---• ......_,_, ,, ; -....- --' ------ .... _........., ,.... - ... 4111 '48,0k,isr,- . 4,01, , - Itirliter , .a,. . , , ,• - . • - INV. ' it,. .,•, ,, .-'7 r •--.-•- ' , , -14 • . •..-,,,...*,....,„ . ..., . 'F..t; ''.•ek,', - 6.... : . ..,. ,4., . '• .4k • A. -'s,.4ten • lc:r 4?: , .• , , ..,..t.4.,-. 4, - 1"1'i,?:..A — KY---..--N''. •. •7 1,. ' 3. '"44 •^ . d.._.''it! -4 i-_, .- ,• .. , * ;-,- ' 1011.,..;,,:.' -,ipow._ -._.' 41 .---., ...i."je..."4.1. , il'it.,A4...\.:.'' io'-1/:L• ..4 '"." •I .'' .) . .-,:444,10th, '11 . '...'"ir71..i:. ' ''.. ;';... • 11- '1,,'"'''';• - ---4`de '7 ?-" r • - 1,,K, .4(1'.. d t.,....„'- •'''.4'.5'ic-...1r 'W."' ,..s...4 •111,11-11441 ... 4e;A„ ..,. ,ss.s.-:.4 , ,,,,,,--• , _,..~4.,:iy-r- __ _.... _ffimumwrmeme s.•_-. ---'. ,. . • • b : "Iii,.6, -,41 t .'"Gli• -1. ....., -I. „ . ._ • ,.. 1 • ',1„ aw. . .... • . I 0, .— „,,,„.. 7 - . , , . - . ' - .'•,'4 -.a ''',....."'" -'1:, '-.•• '.:' 1,: Alinik '' .,,,,,,.`' „IVO. ....„,:''''''..i",,v,,..*''S:try -.. '-,...'r - _ • -- - --- - )•:..-,---'7.1.,-,,-ti,.-v,$-,,-; ._ , _ . ,_ , , --,-,-'- ,-„,,,.,1* ,,,,, ..,4,...,,,,,.v.:A:. .., . •,,., - , ,_,„,,,,,,,,.,:4„,„...,_- ....„„k.,,-,'.:,...,•,....... :...._,,, ;4* ,_ ,,,,, , -.-4-0,1;-:',, ,,.„..allff .; -. ..- ' . .....• .• .... - Rudolf Development General Booth, LLC& Atlow Group, Inc Agenda Items 2 &3 Page 11 Disclosure Statement Disclosure Statement 4(Vnjolia,Sex#i 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 Rudolf Development General Booth,LLC,a Virginia limited liability company Does the applicant have a representative? Yes ❑No • if yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?N Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Rudolf Construction Partners,LLC:Chester D.Rudolf,IV,sole member • 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(Hii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I F Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 12 Disclosure Statement Disclosure Statement \/13 t 'Vsyypnra Bead, 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 II No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes No • If yes,identify the financial institutions providing the service. TowneBa n K 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? N Yes ❑No • If yes,identify the company and individual providing the service. Don Crigger,Colliers International 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 N 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. Ram Surendren,Cuboid Architecture S. Is there any other pending or proposed purchaser of the subject property?❑Yes It No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09 2020 2 I i' F Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 13 Disclosure Statement • Disclosure Statement City ejVin naBeaa 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 111No • If yes,identify the company and individua 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 0 No • If yes,identify the firm and individual providing the service. WPC;John Sandow Engineering 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?r Yes ❑No • if yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Rudolf Development General Booth LLC By: Applicant Signature Chip Rudolf P«>.d.�� Print Name and Title Date is the applicant also the owner of the subject property? X)Yes 1 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 meetioj that pertains to the applications 0 No changes as or Date 02 14 2023 Signature ��rr�/_ Print Name Hoa N.Dao 3 Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 14 Disclosure Statement Disclosure Statement \33 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 Atlow Group,Inc.,a Virginia corporation Does the applicant have a representative? R Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? J! Yes ❑ No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Directors:Taiwo John;Omobolaji Benson;Lolu Fatukasi;Adebara Lawrence;Razark Adeniyi Abdul • 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 wnen 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 1 P a g e Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 15 Disclosure Statement Disclosure Statement \33 Planning&Community Develop ment 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 NE 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 I No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I 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. Ram Surendren,Cuboid Architecture 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 2 I •' Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 16 Disclosure Statement Disclosure Statement ary ciVkwaits Beath Planning&Community Development i f 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, Cl Yes it 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 I No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes $ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑ No • If yes,identify the firm and individual providing the service. Ram Surendren,Cuboid Architecture 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 Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 17 Disclosure Statement Disclosure Statement *\13 Wining&Community Develpopment Owner Disclosure Owner Name Rudolf Development General Booth,LLC,a Virginia limited liability company Applicant Name Atlow Group,Inc.,a Virginia corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Rudolf Construction Partners,LLC:Chester D.Rudolf,IV,sole member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Rudolf Construction Partners,LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject and 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? 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. Revised 11.09.2020 5 (Page Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 18 Disclosure Statement Disclosure Statement V13 CCy Yin.*8eodi 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 operatng or to be operated on the property? Yes ❑No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I N • 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 MI 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? I Yes 0 No • if yes,identify the firm and individual providing the service. Ram Surendren,Cuboid Architecture S. Is there any other pending or proposed purchaser of the subject property?0 Yes II 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 IN 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?a Yes ❑No • if yes,identify the firm ano individual providing the service. Eric Garner,WPL;John Sandow,John Sandow Engineering Revised 11.09.2020 6 Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 19 Disclosure Statement Disclosure Statement TVB city if VirginiaBew5 Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the firm and individual providing legal the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&levy,P.C. 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. Rudolf Development General Booth,LLC Owner Signature Chester D.Rudolf,IV,sole member of Rudolf Construction Partners,LLC,it Manager -- ,_--- Print Name and Title O 6 2102-2 t Date 71 Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 &3 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Rudolf Development General Booth, LLC&Atlow Group, Inc Agenda Items 2 & 3 Page 21 FIRST AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS RUDOLF DEVELOPMENT GENERAL BOOTH, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of October, 2022, by and between RUDOLF DEVELOPMENT GENERAL BOOTH, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of that certain parcel of property located in the City of Virginia Beach, containing approximately 6.460 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the"Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by Petition addressed to the Grantee so as to modify conditions applicable to the Property as zoned Conditional B-2 Community Business District and designated "COMMERCIAL AREA", as well as a portion of the designated "MINI- STORAGE AREA",pursuant to the Proffered Covenants, Restrictions and Conditions dated April 23, 2003, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200307160109480 (hereinafter"2003 Proffers"); and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses GPIN: 2415-53-2272 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise;and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives,assigns,grantees,and other successors in interest or title: Proffer numbered 1 as contained in the 2003 Proffers references a "Site Plan" depicting two (2) separate "Areas"; a "Mini-Storage Area" of approximately 5.1 acres and a "Commercial Area"of approximately 5.5 acres. The land depicted on the proffered Site Plan was subsequently subdivided with a smaller 4.082 acre "PARCEL A", conveyed and developed as a mini-storage facility and a larger 6.46 acre "PARCEL B" retained for a commercial development. Solely with respect to the Property herein described,the five(5) proffers contained in the 2003 Proffers are deleted and replaced with the following proffers: 1. When the Property is developed and landscaped it shall be substantially as depicted on that exhibit entitled"CONCEPTUAL SITE DESIGN-PARCEL B"prepared by WPL and dated 10/15/2022, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development(hereinafter"Site Plan"). 2 2. When the building shown on the Site Plan is developed, the architectural design, exterior building materials and colors shall be substantially as depicted and described on the pages numbered 2 and 3 of renderings designated "SOUTH ELEVATION - VIEW TOWARDS PARKING"; "NORTH ELEVATION - VIEW TOWARDS ONE LIFE FITNESS"; "EAST ELEVATION - VIEW TOWARDS WOODED AREA"and"WEST ELEVATION-VIEW TOWARDS GENERAL BOOTH BLVD.",on that exhibit entitled"SKYZONE ELEVATIONS",dated 10-15-2022 prepared by Cuboid Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter "Renderings"). 3. The proffers, covenants, restrictions and conditions contained in the 2003 Proffers remain in full force and effect solely as to the balance of the original Parcel therein described. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 3 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement, damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Rudolf Development General Booth, LLC, a Virginia limited liability company By: Rudolf Construction Partners,LLC, a Virginia limited liability company By: (SEAL) Chester D.Rudo , ,its Man •n ember STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this ay of October,2022,by Chester D. Rudolf, IV, Managing Member of Rudolf Construction Partners,LLC,a Virginia limited liability company, Manager of Rudolf Development General Booth, LLC, a Virginia liability company, Grantor. Notary Public MyCommission Expires: to/ 3)/� �t P Notary Registration Number: PAO'403 0111 1111111/►,,,/ •%‘1, g M. eR� NOTARY ••':• s PUBLIC REG.#8000403 n MY COMMISSION . s • p EXPIRES S.• %10/31/2026 o . '��''•,,�yEALTH I0`„,•‘ 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach,Virginia, and known, numbered and designated as "PARCEL B", containing 6.460 acres, as shown on that certain plat entitled "RESUBDIVISION OF PROPERTY OWNED BY GENERAL EDISON ASSOCIATES (M.B.27,PG. 59,M.B. 176,PG. 17, M.B. 2665,PG. 1878) VIRGINIA BEACH, VIRGINIA" dated February 4, 2005, prepared by Site Improvement Associates, Inc. and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 200504210059479. GPIN: 2415-53-2272 H:\AM\—Mod of Proffers\Rudolf Development General Booth\lst Amendment to Proffer 10-15-2022.docx 6 Virginia Beach Planning Commission February 8, 2023, Public Meeting Agenda Items # 2 & 3 Rudolf Development General Booth, LLC &Atlow Group, Inc (Applicants) Rudolf Development General Booth, LLC (Property Owner) Modification of Proffers Conditional Use Permit (Indoor Recreational Facility) Address: Parcel directly east of 1700 General Booth Boulevard & north of Edison Road RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Next two items are item number two and item number three, Rudolf Development General Booth, LLC &Atlow Group, Inc. A Modification of Proffers and Conditional Use Permit for Indoor Recreational Facility. Mr. Bourdon. Mr. Bourdon: Thank you Mr. Horsley, Mr. Chairman, members of Commission, Eddie Bourdon, Virginia Beach Attorney representing the applicant. First of all, I wanna thank Hoa for his work on this application. It's been through a couple of iterations. All five conditions as recommended in the use permit portion of this are acceptable to my client. We will make the revision to the proffer agreement in all future. In this case, it's an amendment to the proffer agreement, proffer agreements to delete the reference to the district name and/or number. And we appreciate being on the consent agenda. Mr. Horsley: Thank you, Mr. Bourdon. Any objections to this application? Hearing none, Mr. Bradley will read that. Mr. Bradley: Thank you. The applicant Rudolf Development General Booth, LLC seeks a Modification of Proffers to a Conditional Rezoning approved by City Council in 2003.Proposed modifications include changes to the proffered site layout, and building design. In addition, the co-applicant Atlow Group Incorporated seeks a Conditional Use Permit to construct and operate a 32,625 square feet indoor recreation facility. Staff recommended this, there's no known opposition to it, so the Planning Commission placed it on the consent agenda. Mr. Horsley: Thank you Mr. Wiener. So, Mr. Chairman, we have items number one, The City of Virginia Beach, items two and three, Rudolf Development General Booth, LLC and Atlow Group Inc. And items number six and seven, SXCW Properties, LLC. motion to approve these items on the consent agenda. Mr. Alcaraz: All right, thank you Mr. Horsley. So I have a motion to approve consent as read by the Vice Chair. Is there a second? Mr. Redmond: Mr. Chairman? Mr. Alcaraz: Yes. Mr. Redmond: I'd like to make a disclosure before we move the vote. While I'm going to support the overall package of consent, I'm specifically abstaining from agenda item number one. The developer of that parcel that's referenced in this is a client of mine. Mr. Alcaraz: Understood. Thank you. Mr. Redmond:Thank you. Mr. Alcaraz: All right. Do we have a second? Ms. Cuellar Madam Clerk: Mr. Chairman that was a motion by Mr. Horsley with a second by Ms. Cuellar. Thank you. Vote is open. By a vote of eight in favor, zero against agenda items two and three, six and seven have been recommended for approval by consent. Agenda item number one by a vote of seven in favor, zero against with an abstention by Mr. Redmond has been recommended for approval by consent. Mr. Alcaraz: All right, thank you. AYE 8 NAY O ABS O ABSENT 2 Alcaraz AYE Bradley AYE Clemons ABSENT Coston AYE Cuellar AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Solely with respect to the Property herein described, the five (5) proffers contained in the 2003 Proffers are deleted and replaced with the following proffers: Proffer 1: When the Property is developed and landscaped, it shall be substantially as depicted on the exhibit entitled "Conceptual Site Design — Parcel B", prepared by WPL and dated October 15, 2022, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Site Plan"). Proffer 2: When the building shown on the Site Plan is developed, the architectural design, exterior building materials and colors shall be substantially as depicted and described on the pages number 2 and 3 of the renderings designated "South Elevation — View Towards Parking"; "North Elevation — View Towards One Life Fitness"; "East Elevation — View Towards Wooded Area"; and "West Elevation — View Towards General Booth Blvd.", on that exhibit entitled "Skyzone Elevations", dated October 15, 2022, prepared by Cuboid Architecture, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Renderings"). Proffer 3: The proffers, covenants, restrictions and conditions contained in the 2003 Proffers remain in full force and effect solely as to the balance of the original Parcel therein described. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Department of Planning for review and approval. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the exhibit entitled "Conceptual Planting Plan", prepared by WPL and dated October 15, 2022,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal. The exterior lighting shall be no taller than 20 feet in height, with the exception of any lighting of the overflow parking area on the eastern side of the property and the driveway leading to it which shall not exceed 14 feet in height. All lighting shall be shielded and directed down and inward toward the property and away from adjacent properties. 4. Any trash compactors or dumpsters located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. 5. The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. 08l OBl NI. 06 09 OE9l 0 6wp�m8 load c=iii =====ipicm O 6uiuoZ aniaQ Aaxew gI.£ pug £I.£ ` 1141.£ `60£ `LO£ `50£ `£0£ suo6Alod Auadad S `paenaino8 yoea8 eiui6ain Z11.61. pug `9061. 17061. `Z066 `0061. a;!S %// � "- ��IJ-' di "PA19 Lpea8 eiu!fiaiA 0061. allnSO N j O 0 I/ : Ø ! as rtI i A)i 1 ia, Imm a Z8 Z8 � 8 �Z i Z8 1p la 8— 'VI—— : ) o 0 z�Ie I IN ::,-SL....... 4 �� CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: 1900 VIRGINIA BEACH BLVD., LP [Applicant & Property Owner] Conditional Change of Zoning (A-12 Apartment District to Conditional B-2 Community Business District) & Conditional Use Permit (Bulk Storage Yard) for the property located at 1900, 1902, 1904, 1906 and 1912 Virginia Beach Boulevard; 303, 305, 307, 309, 311, 313, 315 Maxey Drive (GPINs 2407467406, 2407466302). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: March 7, 2023 • Background: The applicant is requesting to rezone the A-12 Apartment District portion of the eastern property along Maxey Drive to Conditional B-2 Community Business and a Conditional Use Permit for a Bulk Storage Yard. The parcels are located in the Hilltop SGA and the greater than 75 dB DNL noise zone and the Accident Potential Zone 1 (APZ-1). A Bulk Storage Yard has been operating on the northern portion of these two parcels since the early 1960s and is considered a legally nonconforming use. Bulk Storage Yards are not permitted in the A-12 Apartment District nor is it a by-right use in the B-2 Community Business District. The two requests will resolve the existing nonconformity and will bring the use into compliance with the current standards identified in the Zoning Ordinance. The applicant is requesting a deviation to the landscaping requirements, as Category VI landscaping is required to include a minimum six-foot tall solid fence with plantings along the exterior the fence. There is an existing six-foot tall fence surrounding the perimeter of the use and plantings will be installed along the exterior of the fence along Maxey Drive. However, along the northern and western property lines, there is limited room to install plantings along the exterior, so the applicant proposes to install plantings, which will reach a height of 10 to 12 feet, along the interior of the fence providing adequate screening for the proposed use. Since the applicant owns the western parcel as well, additional plantings will not be installed north of the western parcel, but the existing fence will remain to provide screening as required. • Considerations: The Planning Commission concurred with Staff's findings that these requests are acceptable. As this site is located within the high noise zones of the AICUZ where residential uses are deemed incompatible, the rezoning from A-12 Apartment District to Conditional B-2 Community Business and a Conditional Use Permit for a Bulk Storage Yard is compatible and aligns with the guiding principles of the 1900 Virginia Beach Blvd., LP Page 2 of 3 Hilltop SGA. The applicant has offered a proffer that restricts any future development of the site to uses that are compatible with flight operations at Naval Air Station Oceana, as described in Section 1804 of the Zoning Ordinance. Pursuant to Section 221(i) of the Zoning Ordinance, Staff agreed and the Planning Commission concurred that the deviations to the landscaping requirements will not negatively impact surrounding properties but rather will improve the aesthetics of the site by providing additional plantings that aid in screening the site. A condition is recommended that requires that the landscape screening proposed to be installed and maintained for the duration of the use of the Bulk Storage Yard. Due to concerns brought to the attention of one of the Planning Commissioners by a neighbor regarding workers relieving themselves of waste outdoors, Condition 4 was added to prohibit the usage of outdoor portable restrooms, except for construction or events. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received about the request with concerns related to pest control, appearance of the business, and noise. • Recommendation: On February 8, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. Proffers: 1 . The Property shall only be used for one (1) or more of the principal uses or conditional uses permittable in the Zoning District which are also designated as compatible ("C") with flight operations at N.A.S. Oceana Naval Air Base in the Land Use Tables contained in Article 18, Section 1804(b), Table 1 and Table 2 as of the date this Agreement is put to record in the land records maintained by the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. 2. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions: 1. The outdoor storage area shall be fenced and screened as depicted on the Landscape Plan entitled, "Landscape Plan for Bulk Storage Yard Lots 90, 91, & 6, 7, 8, Plat of Maxey Manor, Virginia Beach, Virginia", dated January 10, 2023, prepared by Commonwealth Engineering Group, LTD, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This is a deviation to the Category VI 1900 Virginia Beach Blvd., LP Page 3 of 3 screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 2. A solid privacy fence with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Landscape Plan identified above in Condition 1 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained inside the fence along the northern and western property lines in lieu of the required plants outside of the fence and shall be installed outside the fence in all other areas. As noted above in Condition 1 , this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 3. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. 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. 4. Except for construction or events, the use of portable restrooms on the property shall be prohibited. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department CAA - City Manager: Applicant & Property Owner 1900 Virginia Beach Blvd., LP Agenda Items Planning Commission Public Hearing February 8, 2023 4 & 5 City Council District 6,formerly Beach City of Virginia Beach Requests #4 -Conditional Rezoning (A-12 Apartment District to Conditional B-2 Community Business District) + LN c •(;:. #5 -Conditional Use Permit (Bulk Storage A Yard) Staff Recommendation 5K o AOR n A rova I D #e p°°NN p p m ,ENGo't cs Staff Planner m • � .�GER° o r O ►A Marchelle Coleman \ \ Location PGwax. „- a LL 1900, 1902, 1904, 1906 and 1912 Virginia Beach „R��N�si �_- a Boulevard; 303, 305, 307, 309, 311, 313, 315 — t ,` Maxey Drive VD $ GPINs EGOn. z z 2407467406, 2407466302 v 73 Site Size 1.88 acres POTTERS RD AICUZ Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay ; �� ;-- Existing Land Use and Zoning District • `F '' MA M N4CT :,. ! Bulk storage yard, mixed retail, office ` ` 8 '''''. - - • " �( ihr"1/ warehouse, auto repair/A-12 Apartment _ . Surrounding Land Uses and Zoning Districts o df ;,� North • I , r 1 4 Townhouses/A-12 Apartment South r'- ' i _ _ - rt 1111111 Mixed retail, office warehouse, auto repair/B-2 `y"- „t ;� ' Community Business _ . - -_ .` ti • r - VIRGINIA BE a East BEACH B'LVp • Maxey Drive ' • , . , �`:�'..... '; : , _ ! ,". Office warehouse, bulk storage yard/ B-2 Community Business ' s ' West Single-family dwellings/B-2 Community 1900 Virginia Beach Blvd., LP Agenda Items 4& 5 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone the A-12 Apartment District portion of the eastern property along Maxey Drive to Conditional B-2 Community Business and a Conditional Use Permit for a Bulk Storage Yard for a 31,710 square- foot portion of these two parcels located in the Hilltop Strategic Growth Area (SGA). • The A-12 zoned portion of this parcel and a portion of the western B-2 zoned parcel have been used as a Bulk Storage Yard since the early 1960's and is a legally nonconforming use. • The southern portion of the split-zoned parcel and the western parcel are both zoned B-2 Community Business and are developed with a variety of uses such as mixed retail, office warehouse, and auto repair. • Both parcels are within the greater than 75 dB DLN noise zone and within the Accident Potential Zone 1 (APZ-1). Residential uses are not deemed compatible with Naval fight operations in these zones, as outlined in Section 1800 of the Zoning Ordinance. • As Bulk Storage Yards are not a permitted as a by-right or conditional use in Apartment Districts and require a Conditional Use Permit in B-2 Community Business,the two requests to rezone the A-12 Apartment zoned portion of the property to B-2 Community Business and for a Conditional Use Permit will resolve the existing nonconformity and will bring this use into compliance with the current standards identified in the Zoning Ordinance. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The applicant is requesting a deviation to the required landscaping requirements through the provisions of Section 221(i) of the Zoning Ordinance. The submitted landscape plan, depicted on page seven of this report, displays the existing six-foot tall solid wood privacy fence, however;the applicant is requesting a deviation to the installation of plantings along the privacy fence north of the western parcel. The applicant owns both of these parcels and believes additional plantings north of the western parcel are unnecessary adjacent to their own property. Landscape plantings will be installed along the exterior of the fence along Maxey Drive. Due to limited space along the northern and western property lines,the applicant proposes to install the plantings along the interior of the fence rather than along the exterior of the fence. • As the site is located in the greater than 75 dB DNL noise zone and the APZ-1, a proffer has been offered that restricts any future development of the site to uses that are compatible with flight operations at Naval Air Station Oceana, as described in Section 1804 of the Zoning Ordinance. 1900 Virginia Beach Blvd., LP Agenda Items 4& 5 Page 2 tE !J Eh Gam aft M -~— Zoning History a # Request :11 1 CUP(Motor Vehicle Sales)Approved 10/08/1996 1 ��- r— 2 APZ CUP(Auto Repair Facility)Approved 2/25/2009 � � 3 CUP(Bulk Storage Yard)Approved 05/15 2018 C7 �/r r g pp / � 4 CUP(Automobile Repair Garage)Approved 02/22/2000 Storage Bulk CUP 5 ( o age Yard)Approved 08/25/2009 _._meivo — -- 6 CRZ(B-2 to Conditional 1-1)Approved 03/14/2006 l7 Han 11 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 These requests,to conditionally rezone the A-12 Apartment District zoned portion of this parcel along Virginia Beach Boulevard and Maxey Drive to Conditional B-2 Community Business District and for a Conditional Use Permit for a Bulk Storage Yard to store construction vehicles and equipment, are acceptable. One of the guiding principles for the Hilltop SGA is that development proposals comply with AICUZ land use zoning requirements.These requirements prohibit uses that are identified as being incompatible with Naval flight operations, such as eating and drinking establishments, health care facilities, and outdoor recreational facilities. Bulk Storage Yards are compatible AICUZ uses for the greater than 75 dB noise level and APZ-1 and continuation of the existing Bulk Storage Yard on this property aligns with this guiding principle for the Hilltop SGA. Though a portion of the property is zoned A-12 Apartment District,the property cannot be developed with residential uses as it is located in the APZ-1 per section 601 (c) of the Zoning Ordinance. As proffered, all future development must be a compatible use as identified in the Land Use Compatibility Tables of Article 18, Section 1804 of the City of Virginia Beach Zoning Ordinance. As stated previously, the applicant is requesting a deviation to the required landscaping through the provisions of Section 221(i) of the Zoning Ordinance,which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view,the deviations (as described above) are minimal, and the storage area will be appropriately screened. The deviations will not negatively impact surrounding properties but rather will improve the aesthetics of the site by providing additional plantings that aid in screening the site. Staff does recommend a condition that the landscape screening surrounding the outdoor storage be installed and maintained for the duration of the use as a Bulk Storage Yard. Staff concludes that the proposed deviations to this requirement are acceptable and recommends approval. Based on these considerations, Staff recommends approval of these two applications, subject to the proffers and conditions listed below and deviations to the required landscaping, as noted. 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall only be used for one (1) or more of the principal uses or conditional uses permittable in the Zoning District which are also designated as compatible ("C")with flight operations at N.A.S. Oceana Naval Air Base in the Land Use Tables contained in Article 18, Section 1804(b),Table 1 and Table 2 as of the date this Agreement is put to record in the land records maintained by the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. Proffer 2: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. The outdoor storage area shall be fenced and screened as depicted on the Landscape Plan entitled, "Landscape Plan for Bulk Storage Yard Lots 90, 91, & 6, 7, 8, Plat of Maxey Manor, Virginia Beach, Virginia", dated January 10, 2023, prepared by Commonwealth Engineering Group, LTD, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 2. A solid privacy fence with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Landscape Plan identified above in Condition 1 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained inside the fence along the northern and western property lines in lieu of the required plants outside of the fence and shall be installed outside the fence in all other areas. As noted above in Condition 1,this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 3. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. 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. 4. Except for construction or events,the use of portable restrooms on the property shall be prohibited. 1900 Virginia Beach Blvd., LP Agenda Items 4& 5 Page 4 Comprehensive Plan Recommendations This site is located in the Hilltop Strategic Growth Area (SGA), as identified by the Comprehensive Plan. The vision for the Hilltop SGA is a pedestrian friendly retail destination within close proximity to the oceanfront with improved streets, crosswalks, landscaping, and lighting.The land use plan designates this site for non-residential mixed-use with a maximum height of 3 stories. One of the guiding principles for the Hilltop SGA is that development proposals comply with AICUZ land use Zoning requirements. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Maxey Drive No Data Aviailable' 9,900 ADT'(LOS 3"D") No Change Anticipated' 'Average Daily Trips 2 as defined by a Bulk Storage 4 LOS=Level of Service Yard Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Maxey Drive in the vicinity of this site is considered a two-lane undivided local street. The 30-foot wide right-of-way is not designated on the MTP. There are currently no roadway CIP projects to upgrade this roadway at this time. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 9, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 23, 2023. • 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 February 2, 2023. 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 5 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • 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 February 20, 2023. • 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 March 3, 2023. 1900 Virginia Beach Blvd., LP Agenda Items 4& 5 Page 6 Rezoning Exhibit = Rezone to Conditional B-2 = Existing B-2 ` = Existing Building = Property Line Na ,o ll ; A 4 II . \\i—TA 0. _ .- _ i 2. A _________ ‘,..._ ,.. ___1 25 ix li 1 .n 1 r II Neu I a I i I) ■J I 0 . / ,,.. / - - I <� It it I X li 1 1v . B IMO 2i"' ,„ , ... I ti \� �; B. 1I,I ` „, ,e E1 fi r Existing IIIr A Building i- _�_ I, ,,I Jij4 I . 1 II s oe• VIRGINIA BEACH BOULEVARD 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 7 Proposed Landscape Plan • Property Line Existing 6-foot Wood Privacy pence Existing Building Privet Ligustrum Lex Opaca American Holly Camellia Sasanqua Camelia Espalier IV • -- — .r ftl 0 Xiat�. Co ivrvisarattarro I 2111111 1 • -,' 0 . i a _ Gate o 11) !di CCa Ln _ Gate I W °J rn O Z r I O g, > p O ' • C w > Dr I .5 o I A Existin Buildin I i ' I I I VIRGINIA BEACH BLVD 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 8 Site Photos ... i. 1 , 1 i josioirf , it 1.:,'_‘ ' IN r 4 j s 1 li_,r .-......: , ' , ' �� . 3 in . ///1641 ,,: ' J/, ,if I ,{{ _ _ yy ` • 3-,..r�i--.� - _.."-s" :'�"1�'s illift_ _ '�tt it. SYjr, i r , - , 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 9 Site Photos 11;' m i [ .y �� Cy��f .{ — -'�: r aF h ( ,, ,Moir- j y _ - 1 4111 - ate_ .[ . 4 TifizitNaiNiff_ r: N ... k NW w . __vat ____- _ 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 10 Disclosure Statement Disclosure Statement 1/13 frr*- City of ViNirtio Banc+ 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 1900 Virginia Beach Blvd.LP,a Virginia limited partnership Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) General Partner:Oceana Storage,Inc.:William M.Wilcox,President,Martin A.Palacios,Vice President;Ashley C.Wilcox,Secretary • 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 4 2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 1 I • 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 11 Disclosure Statement 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 ❑ No • If yes,identify the financial institutions providing the service. GBTC VA,Inc. 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 I 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 0 No • If yes,identify the firm and individual providing the service. Paul H.Dondoro,Certified VA Nurseryman 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 12 Disclosure Statement Disclosure Statement city of Virg; Beau: Planning&Community a 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?t Yes 0 No • If yes,identify the firm and individual providing the service Commonwealth Engineering Group.Ltd.-R.Mitchell Wilcox. 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?t Yes ❑ No • If yes,identify the firm and individual providing the service. R Edward Bourdon,Jr.,Esq,Sykes,Bourdon,Ahern&Levy,P C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Oceans Storag /inc.Saeneral Partner t 1900 Virginia Beach Blvd. LP By: Applican ignature Willis M.Wilcox,President _Print Name and Title 3O/AO d Date Is the applicant also the owner of the subject property? Q Yes ❑No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 2 14 2023 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 1900 Virginia Beach Blvd., LP Agenda Items 4 & 5 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1900 Virginia Beach Blvd., LP Agenda Items 4& 5 Page 14 1900 VIRGINIA BEACH BLVD. LP,a Virginia limited partnership f/k/a OCEANA ASSOCIATES,a Virginia limited partnership TO (PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS ZONING PROFFER AGREEMENT, made this 30th day of August, 2022, by and between 1900 VIRGINIA BEACH BLVD.LP,a Virginia limited partnership,party of the first part, Grantor;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee,party of the second part,Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the City of Virginia Beach, containing approximately 23,100 square feet and described in Exhibit "A" attached hereto and incorporated herein by this reference,said property hereinafter referred to as the"Property";and WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from the A-12 Apartment District to Conditional B-2 General Business District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS,the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise;and GPIN: 2407-46-7406-0000 (Part of) Prepared by: PREPARED BY: R.Edward Bourdon,Jr.,Esq.,VSB#22160 SYVES,80URD0N, Sykes,Bourdon,Ahern&Levy,P.C. E1�ABII2N&LEVY,AC 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning,site plan,building permit,or subdivision approval,hereby,by declaration, makes the following proffered conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby agrees that this declaration shall constitute zoning district covenants running with the Property which,subject to the right of the Grantee to amend or change its zoning laws and ordinances as provided in Chapter 22 of Title 15.2 of the Code of Virginia,shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. The Property shall only be used for one (1) or more of the principal uses or conditional uses permittable in the Zoning District which are also designated as compatible("C") with flight operations at N.A.S.Oceana Naval Air Base in the Land Use Tables contained in Article 18,Section 1804(b),Table 1 and Table 2 as of the date this Agreement is put to record in the land records maintained by the Clerk of the Circuit Court of the City of Virginia Beach,Virginia. 2. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the A-12 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this PREPARED BY. Agreement by City Council,which are by this reference incorporated herein. -SYK£S.BOURDON. The above conditions,having been proffered by the Grantor and accepted by the Grantee so AH RN&LEVY.P.C. as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property,which includes these proffers,and 2 specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office PREPARED BY: of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor SYY£S.$OURDON. and the Grantee. AR£RN&LEVY.P.C. 3 WITNESS the following signature and seal: Grantor: 1900 Virginia Beach Blvd.LP, a Virginia BY Oceana Storage, Inc.,a Virginia corpo ation eedd its Gene al P tner partnership By: (SEAL) William M.Wilcox,Preside STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 30th day of August,2022,by William M.Wilcox, President of Oceana Sjor ge c. rVVilr ,ia corporation, .General Partner of 1900 Virginia Beac B v , :4/1-)t tig: /V fi)6 ( Notary Public My Commission Expires: August 31, 2022 GOROs_ Notary Registration Number: 192628 4G 0.�T • y °'s,� • • 2 co � �: IV:Y.0., A (.7-?").31 N fr N0-( Os% PREPARED BY: Mg SY LS,POURDON, MI£RN&LiVY,P.C. 4 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land with any improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the City of Virginia Beach, Virginia being known,numbered and designated LOTS 90 and 91,on the Plat of MAXEY MANOR as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 21, at Page 41, Less and Except that ten foot (10') wide by one hundred and ten foot (110') long strip of property adjacent to Maxey Drive Dedicated to the City of Virginia Beach,as part of that DEED OF DEDICATION dated November 24, 1976 as recorded in the above referenced Clerk's Office in Deed Book 1639,at Page 121. GPIN: 2407-46-7406-0000 (Part of) H:\AM\Conditional Rezoning\Oceana Associates\Maxey Drive\Proffer Agreement.docx PREPARED BY: MSYKES.POURDON, .FERN&LEVY.P.C. 5 Virginia Beach Planning Commission February 8, 2023, Public Meeting Agenda Items # 4 & 5 1900 Virginia Beach Blvd., LP (Applicant & Property Owner) Conditional Rezoning (A-12 Apartment District to Conditional B-2 Community Business District) Conditional Use Permit (Bulk Storage Yard) Addresses: 1900, 1902, 1904, 1906, and 1912 Virginia Beach Boulevard;303, 305, 307, 309, 311, 313 and 315 Maxey Drive RECOMMENDED FOR APPROVAL— HEARD Mr. Alcaraz: The next order of business is our regular agenda, Madam Clerk, are we ready for the last item? Madam Clerk: Yes, sir. Mr. Chairman, our one agenda item for today are agenda items four and five, 1900 Virginia Beach Boulevard, LP. It's a request for a Conditional Rezoning, A-12 Apartment District, to Conditional B-2 Community Business District, and a Conditional Use Permit for a bulk storage yard at 1900, 1902, 1904, 1906, and 1912 Virginia Beach Boulevard, 303, 305, 307, 309, 311, 313 and 315 Maxey Drive in Council District 6. Mr. Bourdon: Thank you. Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney representing the applicant, 1900 Virginia Beach Boulevard, LP. Actually, Marchelle Coleman did a great job this morning in the informal in describing the situation. It's set forth in your write-up as well from staff, the northern portion of these three parcels, the northern two parcels that have always been in joint ownership with the three parcels that are zoned B-2 and front on Virginia Beach Boulevard are zoned A-12 and they cannot be developed as residential and haven't been able to be developed in that manner since 2004, believe, was when we adopted all the recommendations of the MOU and consequently, it's use as a bulk storage yard,which is a nonconforming, but legally nonconforming use that has been there since the very early 1960s and was confirmed as being legally nonconforming by Pat Janice when he was a Zoning Administrator. As I was involved in that back in the 90s, the owner has determined that it's in the best interest of the future with he's getting up in age to go ahead and comply with what the ordinances we adopted to protect Oceana require and that is that we only have compatible uses in this area. It's an APZ-1 in the highest noise zone, so the request to simply rezone the piece from A-12 to B-2, which is consistent with the property in front of it, consistent with the property to the west of it along Virginia Beach Boulevard in that area. So, it's totally consistent with existing zoning. We've proffered that any development of the property in the future would have to comply with Article 18, the Zoning Ordinance, which means only uses that are deemed compatible in the use tables in our ordinance for APZ-1 in the highest noise zone can go on this property. The use permit for the bulk storage yard, which has been there for 50 years plus is compatible with NAS Oceana. We appreciate the staffs work on this. The conditions as recommended for the use permit are acceptable, if the Commissioners would like to add a condition that there not be any porta-potties in the storage yard we have no objection to that whatsoever and with that I'll be happy to answer any questions. Appreciate the opportunity to rebut. Mr. Alcaraz: Yeah, thank you. Any questions for Mr. Bourdon? Ms. Oliver. Ms. Oliver: So that condition would be great if we could add that to the application. Mr. Bourdon: Yeah, we have no aversion, if staff will write up a condition that, you know, there not be any, there are facilities in the building that work and so we have no problem whatsoever with the condition that they not have any porta-potty. And there are none out there at this juncture but there was one out there a few months ago. Mr. Alcaraz: All right. Thank you. Mr. Bourdon: Mm-hmm. Mr. Alcaraz: Madam Clerk, any speakers? None. Madam Clerk: No. Mr. Chairman, no speakers. Mr. Alcaraz: Okay. Thank you. So, we're in closed session, so is there any comments so we can move forward? Ms. Oliver, are you good? Ms. Oliver: I'm great. I think we should make a motion to go ahead and accept this. Mr. Alcaraz: Your issues taken care of. Ms. Oliver: Yes, thank you. Mr. Alcaraz: All right. I have a motion by Ms. Oliver. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Madam Clerk: Thank you, Mr. Chairman that was conditions as amended, correct? Mr. Alcaraz: Yes. Madam Clerk: Thank you. Vote is open. By vote of eight in favor, zero against agenda items number four and five have been recommended for approval with the conditions as amended. Mr. Alcaraz: All right, thank you. And that is the end of today's hearing. Thank you. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons ABSENT Coston AYE Cuellar AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall only be used for one (1) or more of the principal uses or conditional uses permittable in the Zoning District which are also designated as compatible ("C") with flight operations at N.A.S. Oceana Naval Air Base in the Land Use Tables contained in Article 18, Section 1804(b), Table 1 and Table 2 as of the date this Agreement is put to record in the land records maintained by the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. Proffer 2: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The outdoor storage area shall be fenced and screened as depicted on the Landscape Plan entitled, "Landscape Plan for Bulk Storage Yard Lots 90, 91, & 6, 7, 8, Plat of Maxey Manor, Virginia Beach, Virginia", dated January 10, 2023, prepared by Commonwealth Engineering Group, LTD, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 2. A solid privacy fence with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Landscape Plan identified above in Condition 1 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained inside the fence along the northern and western property lines in lieu of the required plants outside of the fence and shall be installed outside the fence in all other areas. As noted above in Condition 1, this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 3. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. 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. 4. Except for construction or events, the use of portable restrooms on the property shall be prohibited. From: MIMI SIBONY To: Marchelle L.Coleman Subject: 2/8/23 zoning hearing Date: Monday,February 6,2023 9:38:16 AM 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. Hi,good morning.Hope all is well.I'm not sure how to proceed regarding this notice I received.I have registered online for the hearing,but am not sure I'll be able to speak.I definitely wanted my opinion on the matter at hand to be noted.I have been dealing with the consequences of the mess directly in front of me for years.I tried contacting the owner to discuss it and try to find a reasonable solution,but was unable to.We have even filed a complaint. Unfortunately,nothing has come of it thus far.On the contrary,at some point they built a huge installation right up against my gate.They redid the entire fence,and left out only my section,which had been damaged due to the overgrowth of weeds and debris pushing up against it for so long.I'm addition,my pest control service company has assured me that because of the mess on the other side of the gate,no matter how much they spray/treat,we will always have a problem until it is cleaned up back there.I wouldn't mind the eye sore if they tried to at least move it up a bit,away from my gate.It seems as if they were trying to get as close as possible to my yard.I recognize that my view won't be some beautiful scenery,but I don't think it's fair that it should be an unkept junk yard,a lumber yard,or a storage facility.It was my understanding that this is a residential area.I'm not very knowledgeable about zoning and such,but I do feel that this doesn't seem right.Over the years,they have been cutting wood and making all sorts of disruptive noises at all hours of the day.Not to mention weekends and holidays.I apologize for this lengthy email.I'm not sure if I'm even supposed to be sending my opinions here.If you need anything further, please feel free to contact me at anytime.My cell phone number is 7863025777 and My address is 1921 maxey manor ct Virginia Beach va 23454.Thank you in advance for your consideration in this matter.Hope you have a lovely day. Sent from my iPhone / / / / / b _ , r / , / , /, //if/ B2 B2co o ° ' // /' -- B,2 , A18 A18 ,/wr ,/ / lii rgi _ . �a� ,,,.,, �jja ,` ,�--,_ ae //11 B2 B2 o4j o / e - ei v.,arc, .mac B2 B2 ---,,<_ , 42 - N suite SXCW Properties II, LLC Site 5480 Virginiaw.,��h.F z4 Beach Boulevard NV. S Property_Polygons Zoning Feet Building 0 2040 80 120 160 200 240 [ ,eirlA BE4M , rr "N",.'1,, ; ivt 4. ..1 J CITY OF VIRGINIA BEACH AGENDA ITEM AN ITEM: SXCW PROPERTIES II, LLC [Applicant] VICTOR ALPHA ASSOCIATES, LLC [Property Owner] Conditional Use Permits (Car Wash Facility & Automobile Service Station) for the property located at 5480 Virginia Beach Boulevard (GPIN 1467482294). COUNCIL DISTRICT 4, formerly Kempsville MEETING DATE: March 7, 2023 ■ Background: The applicant seeks approval of two Conditional Use Permits to operate a 4,114 square foot, single-bay, automated car wash facility and an automobile service station with 10 fuel pumps on property zoned B-2 Community Business District along Virginia Beach Boulevard. A subdivision of the property is proposed to create a separate lot for this development. The submitted layout depicts two points of ingress/egress for the site along Virginia Beach Boulevard and an access along Davis Street, which will require shared access easement. The exterior façade of the car wash building is proposed to be constructed with gray brick, cement stucco, glass, and spandrel panels. The fuel canopy is proposed along the west side of the parcel and is designed to be of similar color scheme and materials as the car wash building. The applicant is requesting a deviation to the 15-foot wide Category IV buffer required adjacent to the Apartment district to the east, due to a 15-foot wide VEPCO easement on the property. Instead, the applicant is proposing to install an 8-foot solid privacy fence with a four-foot wide buffer outside of the existing VEPCO easement. Since the 15-foot wide VEPCO easement is also along the street frontage, a hedgerow of evergreen shrubs will be installed outside of the easement in lieu of the required street frontage plantings. Plantings are proposed to be 3 to 4 feet in height at installation. • Considerations: The requests are consistent with the Comprehensive Plan's policies and land use goals for the Suburban area, as the car wash facility and automobile service station provide services to the area and is compatible with the existing commercial development in this vicinity along Virginia Beach Boulevard. Pursuant to Section 221(i)of the Zoning Ordinance, Staff agreed, and the Planning Commission concurred, that the deviations to the landscaping requirements will not negatively impact surrounding properties. The installation of the 8-foot tall solid SXCW Properties II, LLC Page 2 of 4 privacy fence and 10-foot long by 8-foot tall wall at the entrance and exit of the car wash along the eastern property line, will assist in noise mitigation. The Planning Commission concurred with Staff that the proposed buildings and structures will be complementary to the by-right commercial development along Virginia Beach Boulevard in the immediate vicinity. The applicant reached out to the adjacent property owners, specifically the apartment complex to the east, and no objections were raised with the proposal. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On February 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing the motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The applicant/owner shall submit a subdivision plat to the Department of Planning & Community Development to create two separate lots. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "SAM'S XPRESS CAR WASH — 5476 VIRGINIA BEACH BLVD., VA VIRGINIA", prepared by Eagle Engineering, dated 02/07/23, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 2 above, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. A 4-foot wide buffer with an 8-foot tall privacy fence and evergreen shrubs shall be installed along the eastern property line. This is a deviation to the 15-foot wide Category IV buffer requirement adjacent to residential or apartment zoning districts. 4. The hedgerow of evergreen shrubs proposed along Virginia Beach Boulevard shall be three (3) to four (4) feet in height at installation and maintained at a minimum height of 10 feet. This is a deviation to the street frontage requirements per the Virginia Beach Landscaping Guide. 5. The exterior of the proposed building, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size, and materials to the elevations entitled "Sam's Xpress Car Wash — Color SXCW Properties II, LLC Page 3 of 4 Elevations — 5480 Virginia Beach Blvd, Virginia Beach, VA," prepared by Oakline Studio Architecture + Design, and dated November 30, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 7. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled, "SXCW VB Blvd. - Virginia Beach, VA" prepared by ASI Signage Innovations", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the right-of-way as approved by the Planning Director. 9. When developed, a photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 10.The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 9:00 p.m. daily and the Automobile Service Station shall be limited to the hours of 6:00 a.m. to 10:00 p.m. daily. 11.Signage for the site shall be limited to: a. Directional signs b. One (1) pricing board sign c. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. d. No striping shall be permitted on the fuel canopy. Signage on the canopy shall not be internally or externally illuminated. e. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. f. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There SXCW Properties II, LLC Page 4 of 4 shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r City Manager: fW Applicant SXCW Properties II, LLC Agenda Items Property Owner Victor Alpha Associates, LLC 6 & 7 Planning Commission Public Hearing February 8, 2023 cirvnr City Council District 4,formerly Kempsville Virginia Beach Requests #6 -Conditional Use Permit (Car Wash Facility) #7 -Conditional Use Permit (Automobile ' �43y' l Service Station) s,v- /,C0A BLUFF CT * ~ 8U4 Staff Recommendation `Sexy°R Approval 0 c, Staff Planner . I 1 t LL :: :l01eman n /ilkaiiii , z 5480 Virginia Beach Boulevard w w i GPIN /41,10031 y _ Portion of 1467482294 / E Or Site Size 3.17 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay ( --... . **AExisting Land Use and Zoning District f `_ r Retail/ B-2 Community Business r Surrounding • Land Uses and ZoningDistricts #�"' . - ,� ' North ".:. - , . Zt Auto repair, office park/B-2 Community r Business South `• - t Virginia Beach Boulevard Ili? Retail, auto repair/B-2 Community Business i s '4%. 4 F - �: e East } - - -f a�ye(fro r,.f.fir, , Multi-family dwellings/A-18 Apartment . . > S; ,Y I l' t r West 1 is. r . „... 41 t, . 1 .. . ‘A Davis Street 4 4it Retail/ B-2 Community Business SXCW Properties II, LLC Agenda Items 6&7 Page 1 Background & Summary of Proposal • The applicant is requesting two Conditional Use Permits to operate a 4,114 square-foot, single-bay, automated Car Wash Facility, and an Automobile Service Station with 10 fuel pumps on a B-2 Community Business District zoned property near the intersection of Virginia Beach Boulevard and Davis Street. • The submitted Conceptual Site Plan depicts two ingress/egress points, one along Virginia Beach Boulevard and the other along Davis Street. A subdivision of the property is proposed to create a separate lot for this development; therefore, a shared access agreement will be required for the proposed access along Davis Street. • The Conceptual Landscape Plan shows the required building foundation and interior parking lot plantings. Due to a 15-foot wide VEPCO Easement on the property,the applicant is requesting a deviation to the required 15-foot wide buffer with Category IV landscape plantings along the eastern property line and the street frontage requirements. In lieu of the required 15-foot wide Category IV landscape buffer,the applicant is proposing to install a four-foot wide buffer with an eight-foot tall privacy fence with evergreen shrubs. For street frontage,the applicant is proposing to install a hedgerow of evergreen shrubs outside of the 15-foot wide VEPCO easement located along the frontage of Virginia Beach Boulevard. • The proposed building elevations depict an exterior facade to be constructed with gray brick, cement stucco, glass, and spandrel panels. At the tallest point,the building will be 28 feet and 4 inches in height. • The fuel canopy is proposed along the western property line and is designed with a similar color scheme and materials as the car wash building. • Outdoor vending machines are proposed near the vacuum stations.The vending machines will be screened, as required by the Zoning Ordinance, and will not be visible from the public right-of-way. • A freestanding monument sign with a brick base is proposed along Virginia Beach Boulevard. • The Conceptual Site Plan depicts 26 parking spaces, of which 20 are designated for the vacuum stations and six spaces are designated for employee parking. This parking provided on site satisfies the requirements of the Zoning Ordinance. • The proposed hours of operation for the Car Wash Facility are 7:30 a.m. to 9:00 p.m. daily and 6:00 a.m. to 10:00 p.m. daily for the Automobile Service Station. SXCW Properties II, LLC Agenda Items 6&7 Page 2 '1,7------ — -,,, ------..„4'',':t_ , 4 Zoning History g A 1. _ # Request �% 1 CRZ(A 18& B 2 to Conditional A 18)Approved � tXTON DR �;.; a�/ /r 8R 08/09/2022 4_,,,,,,, .",- � 2 CUP(Bulk Storage Yard)Approved 10/01/2019 t r 3 CUP(Church)Approved 05/09/2000 \ g 4 CUP(Auto Sales and Storage)Approved 05/14/1996 j� �, /� 0, 4 R CUP(Rehabilitation Center/Sanitorium)Approved c'N 09 17 1991 ¢'0% /+ 5 CUP(Small Engine Repair)Approved 03/12/2002 ,,,• , 6 , i 6 CUP(Automobile Repair Garage)Approved 02/05/2019 J i N ,, , , 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 These requests for a Conditional Use Permit for a Car Wash Facility and Automobile Service Station, in Staff's opinion, are acceptable.The requests are 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 uses are compatible to the existing commercial development in the vicinity along this section of Virginia Beach Boulevard. With the proposed screenings, it is anticipated that the Car Wash Facility and Automobile Service Station will have minimal impacts on the adjacent properties and will provide a service to the surrounding businesses and residences. As stated previously,the applicant is requesting deviations to the required landscaping through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view,the deviations, as described above, will provide appropriate screening to the adjacent property owners and development of the site will be set back from the property line and the 15 foot VEPCO easement. The deviations will not negatively impact surrounding properties, as the applicant has agreed to install an 8-foot tall privacy fence along the apartment zoning district and a 10-foot long and 8-foot high wall at the entrance and exit of the car wash facility to assist with noise mitigation. In addition, a hedgerow of evergreen shrubs will be installed at 3 to 4 feet tall and be maintained at a minimum height of 10 feet. Staff concludes that the proposed deviations to this requirement are acceptable and recommends approval. The applicant sent the proposed Conceptual Site Plan to Dominion Energy to ensure that there were no concerns with the site layout in relation to the 15-foot VEPCO Easement on the site. Dominion Energy indicated that there were no concerns with the proposed site layout but indicated that an existing pad mount transformer will need to be relocated out of the proposed driveway toward the north of the property. The applicant has agreed to move the transformer to another location on site, subject to Dominion Energy approval. 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. SXCW Properties II, LLC Agenda Items 6 & 7 Page 3 Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Recommended Conditions for Car Wash Facility & Automobile Service Station 1. The applicant/owner shall submit a subdivision plat to the Department of Planning& Community Development to create two separate lots. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "SAM'S XPRESS CAR WASH —5476 VIRGINIA BEACH BLVD.,VA VIRGINIA", prepared by Eagle Engineering, dated 02/07/23,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 2 above, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. A 4-foot wide buffer with a, 8- foot tall privacy fence and evergreen shrubs shall be installed along the eastern property line. This is a deviation to the 15-foot wide Category IV buffer requirement adjacent to residential or apartment zoning districts. 4. The hedgerow of evergreen shrubs proposed along Virginia Beach Boulevard shall be three (3)to four(4)feet in height at installation and maintained at a minimum of 10 feet.This is a deviation to the street frontage requirements per the Virginia Beach Landscaping Guide. 5. The exterior of the proposed building, fuel canopy,vacuum canopy,vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size, and materials to the elevations entitled "Sam's Xpress Car Wash— Color Elevations—5480 Virginia Beach Blvd, Virginia Beach, VA," prepared by Oakline Studio Architecture+ Design, and dated November 30, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 7. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size,and materials to the submitted freestanding sign exhibit entitled, "SXCW VB Blvd. -Virginia Beach,VA" prepared by ASI Signage Innovations",which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the right-of-way as approved by the Planning Director. 9. When developed, a photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 10. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 9:00 p.m. daily and the Automobile Service Station shall be limited to the hours of 6:00 a.m.to 10:00 p.m. daily. SXCW Properties II, LLC Agenda Items 6 & 7 Page 4 11. Signage for the site shall be limited to: a. Directional signs b. One (1) pricing board sign c. One (1) monument-style freestanding sign, no more than eight (8)feet in height,set on a brick base to match the building brick and two (2) building and/or canopy signs. d. No striping shall be permitted on the fuel canopy. Signage on the canopy shall not be internally or externally illuminated. e. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. f. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a 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 The site is located in the Chesapeake Bay Watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 37,500 ADT1 74,000 ADT (LOS a"D") Existing Land Use 2—0 ADT Existing Zoning(B-2 zoned lot-2.96 acres)—1,630 ADT Davis Street 2,300 ADT' 9,900 ADT'(LOS a"D") Proposed Land Use 3-1,720 ADT 1 Average Daily Trips 2 as defined by a 3 as defined by a fuel station with 10 4 LOS=Level of Service vacant lot fueling pumps and a car wash facility SXCW Properties II, LLC Agenda Items 6&7 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this application, is considered an eight-lane divided major urban arterial. The MTP proposes a divided facility within an existing 150-foot right-of-way section. Davis Street is a two lane undivided local roadway. There are no plans to improve either Virginia Beach Boulevard or Davis Street in the vicinity of this site. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they reached out to the apartment complex to the east of the property, and no objections were raised. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 9, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 23, 2023. • 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 February 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • 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 February 20, 2023. • 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 March 3, 2023. SXCW Properties II, LLC Agenda Items 6&7 Page 6 Proposed Conceptual Site Plan • -"it 41 0, '� '�' y 6HR�B5 A/201�D QMPSTFR d1NLL 9E ,, / �_„�-� ° Sys MA7VG�ED AfA�MKYlI P�1'd4 !WI�,L'rA S CEMOI FoR empty eETIOTW=Err '/` 0 ,\ C �� POP NECEISARYACCOM NO POTALIED / ` AO AT LMAN WONT or Jr �` i �, I. t4" .`#y .4`b . \\ 1 ill W-': 0°00'--'N144 .**. • r A, . / -,,,, / / /..,,,/, , . .....' / . / •'(.,s<), 4 1 . 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UJ i R V V U iQ4. - $' f Irl r .46 _ Q in r. - _ i r 1 o u il U!l j6)I w I in.ti)>L ,I Q4 Y gI11iX U. 1-- 0 T T U XDI „IJ '-' EHE • 1 L I L i f l \ l 1.11 ,Itlit I ,r, E i - ft -1 >3 I i 1_ 111. i1 !; li1 !i .itE h; _Ali 1 t /@ 11 11. i1ill 11di1143li I.I 11 ii SXCW Properties II, LLC Agenda Items 6 & 7 Page 12 12 0 0 to CD 0. Signage Specifications -T-i (A)LIGHTED ALUMINUM SIGN CABINET +Ns road-side A CD 108`x 66'a 20'deep internals Iq^tcd sign cabinettfl constructe t from aktminurn with t-1:2"al,minu^n angle of retainers end dnddera,Retainers constrain the ►sub surface es side B-roadDJ printed transk,cent polycarbonate panels and surfaceIli v.r,new = parted m nu n Panels.Alface Panels are removable. sr Cass' —' n. . I u• i—/1 —•1 sy,....,•...cswa Backq.oundMMhod:Surfacepen'ed. t. , .��.M..,.,,. ,, c - 1 .• 8ukgroun0 Color White with a semi gloss finish. ---�.� ........,..•,rc1 N Mounting:Cqur e with internal sleeves mounts down " 1`9 ON nVe,two a"square steel support posts. �. * E ON siiiiiii0 giiiiiiia E :�,.w:•r■.« .'r. CcQ MI G(C)POLYCARBONATE SIGN PANELS i '�r . 3 3.116'dear polycarbonate face panels with al colas/ U ' rph c s c'iq,t aly minted and applied to secn,A surface. •3 g wen hb T ti.... W.N.w ,a:,,""xr;,a Ic q I. Tee WI if/Mr WAX I Regular I r.w.N. Regular A. Tot wise w ItoT WAX Graphics Method:Second surface digital pelt., 1 •�- Letter Style:!'rr suppled artwork. + 4 q,aM...,1 Graphics Colors:io match supped artwork and PMS l irei Imo1,1 �, Ict swatches as shown. _ BaekgrouesdNeMod:Second suAN,ce6igitalptint ;e. ar;iu[i41t011■111111si v,e:,m►'m1`d, 1 ,-�M 1 -_11M =Mtt� =--.—__ Beckgrotmd Color:Colors to match suppled artwork. Sets mile SWatrhim , t ■ r t ■ ■ ■ ■ ■ ■ ■ • E ..+w.r.c,.►..lt. (DI ALUMINUM FACE PANELS 1 3 „� ._..-�--T- 1/8"parted aluminum ponds with openings for LED R �.�.m„....,.....,. dSpn..y splay ---- i12- l 'I_____ Background Method:Surface perfect. l *: '.' i k Background Color:Mack win a sena gloss finish. (E)8RICx BASE t :: ' Brack base constructed py others using Taylor Clay Product. ___ �__a' r '. _ brick to match brick en bldq. ---"1"--1 a. (r)STEEL SUPPORT POSTS N• I-14•-1 A•x d'x.1875'c 126'length sq.,steel support posts embedded through brick base and 38'into concrete 10 foundation/footings.Poses extend 64"up fMo sqr and mechanttaly attaches to internal sleeves. ell■ ...,.., :. '-' 1 , 1 hn►wa,Aim sq•am III n`, ----1- ...,,,V=,.,,4,•.-.4 Q^r w..,... .. .,Ip,ataae wr,+al,45:,►-'+'-cork -1M51i. "", N: p.•n.lee.raft -1. J*rrt. 111111 Mitre NMI ta,ba.at.1.1•-.-.in.:..,.a^.. d•h,.e..got 40.eed■nr nod t...+A ,u,b ct.u:C.l::. ..nee.•a left 1p,..npl n ■ SXCW VB Blvd. ,, rD -a ,..i• asi soles xp•ross �0. � Virginia Beach,VA ll � r �.� _, %_1.l : , .....r fit., . -a Signage Innovations' Proposed ' re ref 3 m. cu N CAI rn I--, Q° r- Proposed Signs — Car Wash Facility Iare --,��w.-..'.. sails:press S� ` r saris xprrss ! 1 :: ±JiT �w..a...w.�.. r.s inifliiiIMMIN d I I I I ---1— 111.11111111IIMIB'MB' mow- somil 11.11u111■0N ffl =— .�._.. r 1 it�sft ii1 . 1n i-:1- mil■■L� .�. f - + Wow -I EXIT '- A 510.A 1 36, 1 (A) L- EXIT [Bl it M f (CI N �11•--1 NTS !atiSt.— --p.—.-______I1-7 —I, saw*1QU 5 - �.........-.«.M 1,.L i .1 Lr "eft Maud 16 •man NP.l 11 - - T11{1341!1 III!: .... ::: a. i 1 .Ifa-- • I MI ! __ Front Yr.W Nick*new ..d.vie," SXCW Properties II, LLC Agenda Items 6&7 Page 14 Site Photos O, f 11:!: w-, L - - " * ' • 1 r - . r ,-.+7.r `, -1.--.4.0: +F 4,11 ,_ r lig SXCW Properties II, LLC Agenda Items 6 &7 Page 15 Site Photos , . ,...„.,- ",....,% ,..• • ,r „_ ,.. , , ,.-. r,,,,, •.f..‘,,41(4:')-•.' lit,. ,,- ,....- -.,.. ,.„,,,.. .•Az,. .... • iii,, ,..1.• ,' . , .." .. ....tiv-kt, • - .•,,. , 'Av.*. vt, '• --'` 't•-''--.V.,.••• •, . -• ( "" .4.-41x4k....'".•.'-' - - ' --`' 'I ' •-• • „,-.-,• . • - - -';-"..t-.i--44-.*ti4`' ,),c ' .:-... A ',1: ,,1: 4,' -••i-',4.,, '.:•"•.-t•f..V-'.' •". --'"1-'-e‘'-'';1,'•1 4 rallr- ,• -. .-• ,.. .,. .. *41t., , .:''': ,•• ' :11?-...t.,--,tt....!..7.: ., ,./. A. '1 . . . 4 ..... •..,'•, 4 4 4 -,e, 1...- -, • • 0 - •-, ' C r .- . . -.-• , . . •• • ..74‘ t: '1 - - • . • - . , •-. , -(Xt..,: -.-. ,' _ . —, . , 4'.. . !..„-i, . •-,- '... ..-.-:-r. ... 1 ',.•-. ... , , - ,.....-,i . • , _ . "••• , .,' 7,.._ . ' ......, . .... '''', ' \ • t . ' . . . .4.5 . • 4.' - 'y •:- '- . v ;* • • . ,. ,,,, . --... ;4 . , . • • 4 . •• itatige - . „ IN-r g, • ' ` **I':;,s- :.., - . ,r.-.•‘,-. , .• 46 - ... * . ,,,,-, Ti ' .. . •'•""'"‘AIMISII....,- '..•-+., . . - .4,,,,, • - - ,._ . :•••"...-' . . . '.a .., - ..... .. . -•'' . .4 ... , .. ,.... . . .. 7'•- ,. -,-....--:°-,., . , Iv; -2--‘C:414;0• - _ ..,„ SXCW Properties II, LLC Agenda Items 6 &7 Page 16 Disclosure Statement himiDisclosure Statement Ni3 Csu tit Yuginte Fnxl- _._ 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 SXCW PROPERTIES(I,LLC Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. Wolcott Rivers P.C.;Christopher A.Poets,Esq.&Leslie R.Watson,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ,D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sami I Nafisi,Manager and CEO of the Applicant;Sam's Car Wash Holdings,LLC,sole member of the Applicant Anthony Warren,Development Director • Ir yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Sam's Car Wash Holdings,LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I SXCW Properties II, LLC Agenda Items 6 &7 Page 17 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes II No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. N/A 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? NE Yes ❑No • If yes,identify the company and individual providing the service. In-House Broker 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 IIIIL No • If yes,identify the firm and individual providing the service. N/A 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?It Yes ❑No • If yes,identify the firm and individual providing the service. Eagle Engineers,Sulaiman Farooqi 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IN No • If yes,identify the purchaser and purchaser's service providers. N/A Revised 11.09.2020 2 I P d r e SXCW Properties II, LLC Agenda Items 6&7 Page 18 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?lir Yes ❑No • If yes,identify the company and individual providing the service. TBD 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?t Yes 0 No • If yes,identify the firm and individual providing the service. Eagle Engineers,Sulaiman Farooqi 8. Is the applicant receiving legal services in connection w:th the subject of the application or any business operating or to be operated on the property?IC Yes ❑No • If yes,identify the firm and individual providing the service. Wolcott Rivers P.C.;Christopher A.Pocta,Esq.&Leslie R.Watson,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.r fommittee in connection with this application. Applicant Signatu. Anthony Warren evelopment Director Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes ®No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 1 NO as d i Date 2/14/2023 s_n.ture P'n Ni1ne Marchelle L.Coleman Revised 11.09.2020 Wage SXCW Properties II, LLC Agenda Items 6&7 Page 19 Disclosure Statement Disclosure State en t'iaT"sltl C:Olt : e V3'z_-a..c.-_ter::.:- • Owner Disclosure Owner Name VICTOR ALPHA ASSOCIATES,LLC Applicant Name SXCW PROPERTIES II,LLC • Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?$ Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) JRA Famity,LLC - 1 • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity'relationship with the Owner. (Attach e list if necessary) Jeffrey R.Anderson as Manager of JRA Family,LLC 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 fi contingent on the subject public act'on?❑Yes ®No 1 • I'yes,what is the name of the official or employee and what is the nature of the interest? 1 3"Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SOpercent of the voting g power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code b 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. Revered 11.09.2020 5 I P a g e SXCW Properties II, LLC Agenda Items 6&7 Page 20 Disclosure Statement Disclosure Statement ,.��r rater +a .s,..� „ v Planning&CommunIir J.,cicspInent i ��ys'si''�. 33.E r`� �~ '_ R4j•s�Y _ _ 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. Central Bank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes •. Nc • • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. in-house management. 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?it Yes ❑No • If yes,identify the firm and individual providing the service. K imley Horn,Jeremy Yee — — — 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and ourchaser'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?0 Yes `No • If yes,identify the company and irdividual 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?I1 Yes 0 No • If yes,identify the firm and Individual providing the service. MidAtlantic Surveying and Land Design,Inc. Revised 11.09.2020 6 I P a g e SXCW Properties II, LLC Agenda Items 6&7 Page 21 Disclosure Statement Disclosure Statemen i Fg , ,� z �a _ lg t Community• - • ' .i`. ..�'-.;.ts ,�,::-� Planning x DeVeIoinnent 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes it No • If yes,identify the firm and individual providing legal the service. Owner Signature l certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon recept 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. jI r Signature .Anderson I Vice President Print Name and Title 10/26/2022 Date Revised 11.09.2020 7 1 P a g e SXCW Properties II, LLC Agenda Items 6&7 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. SXCW Properties II, LLC Agenda Items 6&7 Page 23 Virginia Beach Planning Commission February 8, 2023, Public Meeting Agenda Items # 6 & 7 SXCW Properties II, LLC (Applicant) Victor Alpha Associates, LLC (Property Owner) Conditional Use Permits (Car Wash Facility &Automobile Service Station) Address: 5480 Virginia Beach Boulevard RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you, Mr. Bradley. The next items are items number six and seven together SXCW Properties II, LLC for a Conditional Use Permit for a car wash and an automobile service station. Yes sir. Mr. Pocta: Good afternoon. Chris Pocta. Thank you, members of the Planning Commission, for receiving this application and considering it, this is a request for Conditional Use Permit applications for a car wash facility and an automobile service station. We want to thank Marchelle Coleman and the rest of the Planning staff for their help and we thank you for placing us on the consent agenda. The conditions are acceptable. Thank you. Mr. Horsley: Thank you sir. Is there any objection to this application? Hearing none, Mr. Weiner will read this into the record. Mr. Weiner: Thank you Mr. Horsley. This is Conditional Use Permits for a car wash, and an automobile service station. The applicant is requesting two Conditional Use Permits to operate a 4,114 square foot single bay automated car wash facility in automobile service station with 10 fuel pumps on a B-2 Community Business District zoned property near the intersection of Virginia Beach Boulevard and Davis Street. We agree with staff, and I put this on a consent agenda. Mr. Horsley: Thank you Mr. Wiener. So, Mr. Chairman, we have items number one, The City of Virginia Beach, items two and three, Rudolf Development General Booth, LLC and Atlow Group Inc. And items number six and seven, SXCW Properties, LLC. motion to approve these items on the consent agenda. Mr. Alcaraz: All right, thank you Mr. Horsley. So I have a motion to approve consent as read by the Vice Chair. Is there a second? Mr. Redmond: Mr. Chairman? Mr. Alcaraz: Yes. Mr. Redmond: I'd like to make a disclosure before we move the vote. While I'm going to support the overall package of consent, I'm specifically abstaining from agenda item number one. The developer of that parcel that's referenced in this is a client of mine. Mr. Alcaraz: Understood. Thank you. Mr. Redmond:Thank you. Mr. Alcaraz: All right. Do we have a second? Ms. Cuellar Madam Clerk: Mr. Chairman that was a motion by Mr. Horsley with a second by Ms. Cuellar. Thank you. Vote is open. By a vote of eight in favor, zero against agenda items two and three, six and seven have been recommended for approval by consent. Agenda item number one by a vote of seven in favor, zero against with an abstention by Mr. Redmond has been recommended for approval by consent. Mr. Alcaraz: All right, thank you. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons ABSENT Coston AYE Cuellar AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the Department of Planning & Community Development to create two separate lots. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "SAM'S XPRESS CAR WASH —5476 VIRGINIA BEACH BLVD., VA VIRGINIA", prepared by Eagle Engineering, dated 02/07/23, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 2 above, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. A 4-foot wide buffer with a, 8-foot tall privacy fence and evergreen shrubs shall be installed along the eastern property line. This is a deviation to the 15-foot wide Category IV buffer requirement adjacent to residential or apartment zoning districts. 4. The hedgerow of evergreen shrubs proposed along Virginia Beach Boulevard shall be three (3)to four(4) feet in height at installation and maintained at a minimum of 10 feet. This is a deviation to the street frontage requirements per the Virginia Beach Landscaping Guide. 5. The exterior of the proposed building, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size, and materials to the elevations entitled "Sam's Xpress Car Wash — Color Elevations — 5480 Virginia Beach Blvd, Virginia Beach, VA," prepared by Oakline Studio Architecture + Design, and dated November 30, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 7. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled, "SXCW VB Blvd. - Virginia Beach, VA" prepared by ASI Signage Innovations", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the right-of-way as approved by the Planning Director. 9. When developed, a photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 10. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 9:00 p.m. daily and the Automobile Service Station shall be limited to the hours of 6:00 a.m. to 10:00 p.m. daily. 11. Signage for the site shall be limited to: a. Directional signs b. One (1) pricing board sign c. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. d. No striping shall be permitted on the fuel canopy. Signage on the canopy shall not be internally or externally illuminated. e. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. f. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. 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. l i' \\\ \ - ‘\\ I) * , \ � • \ Lv , , \\ _, \ \ ° ' ,9) 0 Ooli <- 5 / o' •R R7.5 \ • O iliflfr . Ifr----" %, ,cw,i;.,_ ./N. (\, 7\ , Suite N %// Site VBBTSII, LLC w4;E Pro ert Pol ons 8 North Lynnhaven Road P Y_ Y9 56 yNV- S Zoning Building Feet PLAN TRANS SURFACES 0 1020 40 60 80 100 120 I 1 `�T frJ: FP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB BTS II, LLC [Applicant] VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA [Property Owner] Conditional Use Permit(Communication Tower)for the property located at 568 N. Lynnhaven Road (GPIN 1487983864). COUNCIL DISTRICT 8, formerly Lynnhaven MEETING DATE: March 7, 2023 (Deferred on February 7, 2023) • Background: At the February 7, 2023 City Council public hearing, the applicant requested a 30- day deferral of the application to continue community outreach. The applicant is requesting a Conditional Use Permit to construct a Communication Tower on a property zoned R-10 Residential. The 25,981 square foot parcel is currently developed with a Dominion Substation which will remain. Based on concerns received from surrounding property owners, the applicant will be installing landscaping along N. Lynnhaven Road to provide screening for the existing Dominion Substation. Originally, a 125-foot monopine tower with a five- foot lightning rod was proposed to be constructed, for an overall height of 130 feet. After a Community Meeting held on February 16, 2023, the applicant has decided to reduce the height to a 115-foot monopine tower with a four-foot lightning rod, for an overall height of 119 feet. The monopine tower will consist of a dark brown pole with green branches to blend in with the existing mature trees on the site and will accommodate up to three carriers with a full antenna array. The outdoor cabinets and equipment will be located within a 40-foot by 50-foot chain-link fenced complex within a 2,500 square foot lease area. In addition, the applicant has agreed to add additional landscaping in front of the existing substation and has agreed to retain some of the large existing trees on site. Conditions 8 & 9 have been added to address these changes. • Considerations: The proposed location of the tower is setback nearly 51 feet from the nearest property line and 63 feet from the nearest residential dwelling. Due to the tower's proximity to residential properties, Staff encouraged the applicant to seek other locations to construct the tower. While Virginia Code §15.2-2316.4:2(A)(5) prohibits localities from discriminating or creating a preference on the basis of ownership of land or structures when promulgating rules or procedures for siting wireless facilities or evaluating new tower applications, the applicant explored public properties to construct the tower, but due to physical limitations and cost concerns those options were not considered viable. In Staff's opinion, and the VB BTS II, LLC Page 2 of 3 Planning Commission concurred, the monopine design will blend into the existing mature trees and vegetative buffer on the property. The applicant voluntarily performed a balloon test and provided photo simulations depicting the view of the proposed tower from locations surrounding the site. The applicant notified over 60 residents in the vicinity and held a public meeting to inform them of the proposal. Information provided by the applicant and confirmed by Staff indicates that an intermodulation study is not required as this site is not within one-mile of a public safety communication facility, radio site or within 200 feet of the City's microwave paths. A RF Safety FCC Compliance Report was provided indicating that the antenna arrays will comply with all regulatory agencies and standards. The proposed monopine Communication Tower meets the standards set forth in Section 232 of the Zoning Ordinance. Further details pertaining to the application, including Staff's evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission hearing stating concerns related to the tower's close proximity to residences and possible health effects. • Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1 . The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT — 568 N. Lynnhaven Road — Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated 11/30/2022 2/21/2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 4-38 119 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. VB BTS II, LLC Page 3 of 3 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 8. During construction, the applicant shall preserve the large existing trees along the southeastern side of the gravel access road and those surrounding the fenced compound. During construction, the applicant shall only remove trees located within the fenced compound and at the entrance to the property as indicated on Sheet Z-3 of the Concept Plan. 9. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on N. Lynnhaven Road, as depicted on the Concept Plan. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C.-(,y City Manager: 119 Applicant VB BTS II, LLC Agenda Item Property Owner Virginia Electric and Power Company d/b/a Dominion Energy Virginia 3 cityof Planning Commission Public Hearing January 11, 2023 Virginia Beach City Council District 8,formerly Lynnhaven Request Conditional Use Permit (Communication Tower) --V Staff Recommendation '( to-Yi'V Approval ,,0 p O Staff Planner `ti MarcheIle Coleman u i, wA7,R ` Location C �O 4OR.044. b 568 N. Lynnhaven Road auf `' G P I N 4 4 R,°cE `�ti 4, yF0,G Cr 1487983864 m { ` �° its o (". . � Site Size z c4 \ I c, 25,981 square feet p o A I C U Z z m 1 EDINBURGH DR Less than 65dBDNL " , \-- \ \ Watershed Chesapeake Bay Existing Land Use and Zoning District VEPCO substation/ R-10 Residential Surrounding Land Uses and Zoning Districts ,, ,\, ,t > .. .t t, North I ',,, e '- '"`., .. Baseball field/ R-10 Residential `s '. ; •� 4 r,,,--ter_ South ,if s is 'i.. N. Lynnhaven Road >t. �- Single-family dwellings/R-7.5 Residential '�~2ti �f�` ''.,' `tip � +f East wl ' `� ' }_.t r '�t ,.. 1. Single-family dwelling/ R-10 Residential . :4 *tp I , t West ; ; :' :v, /; 0i • Baseball field/R-10 Residential r '' ? ♦ ,i'• t_ , • :tea liP' VB BTS II, LLC Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to construct a Communication Tower on property zoned R-10 Residential District. The 25,981 square foot parcel is currently developed with a Dominion substation,which will remain. • The applicant is proposing to construct a 125 115-foot wireless communication tower with a five-four-foot lightning rod for a total height of 130 119 feet. The tower will be a monopine tower with full antenna array and will accommodate up to three carriers. • The monopine tower will be painted a dark brown with green branches to blend in with the existing mature trees on the site. • The outdoor cabinets and equipment will be located within a 40-foot by 50-foot chain-link fenced compound within a 2,500 square foot lease area. • As required in Section 232 of the Zoning Ordinance,the proposed tower will meet the 50-foot minimum side and rear yard setbacks, as well as the 50-foot minimum setback from the street measured at the base of the tower. I• No Zoning History to Report v ./4\ 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 Staff finds this application for a Conditional Use Permit for the construction of a 130119-foot monopine communication tower acceptable. While not required,the applicant performed a balloon test and provided photo simulations depicting the view of the proposed tower from locations surrounding the site. The proposed location for the tower is setback nearly 51 feet from the nearest property line and 63 feet from the nearest residential dwelling.The applicant was diligent in contacting the adjacent property owners with over 60 residents and surrounding property owners individually notified via mail. According to the applicant, a community meeting was held at the Meyera E. Oberndorf Central Library on December 20, 2022. VB BTS II, LLC Agenda Item 3 Page 2 Due to the tower's close proximity to residential properties, Staff encouraged the applicant to seek other locations to construct the tower. The applicant examined several alternatives for the tower placement such as two nearby churches, the King's Grant Elementary School, and a light pole replacement on a City-owned ballfield to the north of the site. Due to physical limitations and cost concerns,these options were not viable. The proposed location was deemed as the best option for placement to provide coverage for the surrounding area. To lessen visual impacts to the adjacent property owners,the applicant agrees with Staff's recommendation to change the original monopole design to a monopine design. The monopine design will blend into the existing mature tree and vegetative buffer on this property. The submitted plans are stamped and signed by a professional engineer thereby meeting the requirement that necessitates certification of the communication tower to comply with all applicable regulations promulgated by the Federal Communications Commission. Information provided by the applicant and confirmed by Staff indicates that an intermodulation study is not required, as this site is not within one mile of a public safety communication facility, radio site or within 200 feet of the City's microwave paths. A RF Safety FCC Compliance Report was provided indicating that the antenna arrays will comply with all regulatory agencies and standards. Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT—568 N. Lynnhaven Road—Virginia Beach,VA 23452", prepared by Vertical Bridge, and dated 11/30/2022 2/21/2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law,the maximum height of the tower shall be 130 119 feet above ground level, inclusive of the lighting rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas,and related equipment shall be removed at the applicant's expense. 8. During construction, the applicant shall preserve the large existing trees along the southeastern side of the gravel access road and those surrounding the fenced compound. During construction, the applicant shall only remove trees located within the fenced compound and at the entrance to the property as indicated on Sheet Z-3 of the Concept Plan. 9. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on N. Lynnhaven Road, as depicted on the Concept Plan. VB BTS II, LLC Agenda Item 3 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they 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 The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • The applicant and the applicant's representative held a community meeting on December 20, 2022, inviting over 60 surrounding property owners to discuss the details of the request. According to the applicant, only one person attended the meeting and was in opposition of the tower location and the possible health effects to those surrounding the tower. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 5, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. VB BTS II, LLC Agenda Item 3 Page 4 • 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 February 20, 2023. • 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 March 3, 2023. VB BTS II, LLC Agenda Item 3 Page 5 Proposed Conceptual Site Layout N • ;II'' ,z 11/..j! 1 2Mt � 3;1r Y; a = a a >M 4,....,;s E =Z 11� • i t i ImoN i s I O a• 1 a ,1 ._„ p, , , .....\. , r._; srn • • 6 ♦ ••'+' • `+ • ••• • .•:• �-•• • �f tea•• • .•a/ `\. 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A• -. t ' P-1 • '.:t,, .•. l',7-* .4.,,,i'-'.'.i..-. ''''''' c_... +-a'-s. ,r F j \� ski .� j r1P i` tit- • i r • • sr .4 St IV 1 t . - ' - '- irg ft— _ , • - •H _ a a ,.'tea:'.Aa:... .. _ ± 7 r,, lilt F.` a�+c.- VB BTS II, LLC Agenda Item 3 Page 13 Site Photos vi • w. \z''at . `' ♦ . s R tom' r *ti ` • •. ' l ,-.-,-;,,,,,...••,, -:.,.,-...z.-#..,-.114sz.1.. .*1.4,44,4... .4-3,,,h •. — • fir:-",-•- ii•?•• ri.4:',......'" -. t••• ••' . , . , .• 7 • i.i'• 113-1.- -.",r.",..,.:4"A., - -.N..•'.,-yk- .,,:-<bi-.' 1.•, -4, ,ON 9 . . #4, •ll i cff . ' • - - ;,4• Et i � f k . , • s �;X , 'ce° . >. `4•¢ .1 ' 4 �• ; -.. I +,r 1 'I ii - - yr 401)00, • -tJ4 " - r � ,�y� x � J fi '� r'se c ! --- r ,drr;' c ic--,; n 'rt„ = • ter _._ . -- - 3 . '1ti•, 1 • s -` •;i]9P �?+67,r'. ~ ! s-.+31� •c r 1. I =' • _. 's �r� _ .c .\.:f' � C. x.r `��i-�c- 1 �.h. • JMsy 6 W-.... „ ...:.,r for t p.� r- 4'-'a' ,,— 4 SQ•1t1t k,,lit•..4p,u 4 •,, * a ‘ 4 Z-, - h' s/,� . .•cAi • Lek * Al ' ��-� ''. ,+jam •.a w •.,,` `.ice 4 ''./'-, . t, _ fix,,, -.4 >tr i',l � ,k r ,�;r' "rt e__ 'f ue . +• y'• � i l..- a y� A-� y- ..��•.Y� ,!. . �y . v _. .t f Y/ !_ d J t�Sj. r ; . f �z/,r'Y ' _ .•. g's t 4 . . 1,,,,. .4 it '' N st ' __if 4P--•-• - .• Kati , i��` `r rt� i t '-.� i , - `'! :tea., _ -' -:` y - r..-?-- t . :I ^ s. r i,, ,.t r;rpm � :,. `. -• ,. • ', -'. -..,..."'.''.-, ,,..t. •- ' 1 -'".. •-''4iliftileilt VB BTS II, LLC Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement Cir y aJl'irgtiii,r y,,dieft 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 VB BTS II,LLC Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. Jeff Holland,Dewberry Engineers,Inc.and Lisa Murphy,Wilcox&Savage,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached. "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. Revist 11.09.2020 1 VB BTS II, LLC Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement Oty of Virginia' Bea Bead) Planning&Community . .- - --�- Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes I No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 1 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 VB BTS II, LLC Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement V13 (it y r f t'tntinea Beath 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 I No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the firm and individual providing the service. Applicant Signatuj 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 n two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body co tt I c onnection with this application. Applicant Srg are Al/E. _ /2v814.) -- CI. F - e rr Print Name and Title&? ' 7ZG. ___.___ Date (see attached"Vertical Bridge signing certificate"document.) is the applicant also the owner of the subject property? ❑Yes NO NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ disclosures must he updated two(2)wee'-prior to any Planning Comrc sion and City Ccun:II we . that pertains to the apo'ications ® a" 23 2023 we '---°Pe;4•— "t""""` !Marchelle L.Coleman___ _ 31Peg VB BTS II, LLC Agenda Item 3 Page 17 •isclosure Statement SECRETARY'S CERTIFICATE VERTICAL BRIDGE REIT,LLC The undersigned,being the Corporate Secretary of Vertical Bridge REIT,LLC,a Delaware limited liability company(the"Company"),hereby certifies that the following resolutions were adopted at a duly convened meeting of the Board of Managers of the Company on September 12,2019: RESOLVED,that the following individuals are authorized signatories for the Company and each of its subsidiaries authorized to execute documents and bind the Company and such subsidiaries:Alex Gellman,Mike Romaniw,Mike Belski,Bernard Borghei,Dan Marinberg,Bob Paige,Johnny Crawford,Jim McCulloch,Buddy Norman,Ariel Rubin. Adam Ginder,Tim Tuck,Vidette Pires. Vertical Bridg REIT,LLC a Delaware li ited liability company By: Name:Dan' 1 M.rinberg Title: Seni'r Vije President,General Counsel and Co ,°rat"Secretary VB BTS II, LLC Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement N/13 (Yty n7{'Immo Hem* Planning&Community Development Owner Disclosure Owner Name Virginia Electric and Power Company Applicant Name VB BTS II,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?II Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached"VEPCO Management Structure"document. • If yes,list the businesses that have a parent-subsidiary"or affiliated business entity'relationship with the Owner. (Attach a list if necessary) See attached"VEPCO PARENT AND SUBSIDIARY INFORMATION"document. 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 MI No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. ke.ised 11.09.202G 5 VB BTS II, LLC Agenda Item 3 Page 19 Disclosure Statement Disclosure Statement City of l 5,H(r Brach 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/reahor for current and anticipated future sales of the subject property? Cl 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?❑Yes M 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 III 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. 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 I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 -)a g e VB BTS II, LLC Agenda Item 3 Page 20 Disclosure Statement Disclosure Statement City of i'i,yiniu Rauch Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the Information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Cou ndl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Michael C.Brennan,Authorized Representative Print old Title Date (see attached"VEPCO Brennan_Sec Certificate"document.) Revised 11.09.2020 Wage VB BTS II, LLC Agenda Item 3 Page 21 Disclosure Statement VIRGINIA ELECTRIC AND POWER COMPANY Secretary's Certificate I,the undersigned, hereby certify that I am Assistant Corporate Secretary of Virginia Electric and Power Company,a Virginia public service corporation (the "Company"). I further certify that the signature and delegation of authority(Attachment 1) has not been amended or revoked and that the same is now in full force and effect until revoked. I further certify that the below named person has been duly authorized by said Company and is the incumbent of the respective office below set opposite his name: Michael C. Brennan Authorized Representative IN WITNESS WHEREOF, I have hereunto set my hand and have affixed the corporate seal of said Company this 9th day of August 2022. Karen W. Doggett CORPORATE SEAL �� ,q POR ���E. -`43• ,0 z SEAL =r 1909 _< VB BTS II, LLC Agenda Item 3 Page 22 Disclosure Statement ATTACHMENT 1 VIRGINIA ELECTRIC AND POWER COMPANY Transcript From Records Effective July 15, 2022 I hereby delegate to Jason R. Hawkins, Kyle A. Keno, and Michael C. Brennan (each, an"Authorized Representative")the authority to enter into,execute, acknowledge, deliver and accept, in the name and on behalf of Virginia Electric and Power Company (the"Company"), any and all contracts,agreements, easements, instruments,waivers, licenses,consents and any other documents that are related to the use of property for the installation, operation and maintenance of electrical equipment and related facilities, each such transaction not to exceed $500,000. The Authorized Representative shall observe all limitations on the authority delegated as established from time to time by the Company's approval policies. This delegation of authority shall be effective as of the date of electronic acceptance hereof,and any acts consistent with this delegation prior to the effective date are hereby ratified and confirmed.This delegation shall not restrict or limit my authority, and may be revoked at any time by written instrument or electronic transmission. Unless earlier revoked, this delegation shall terminate upon the termination of the Authorized Representative's employment with the Company By: /s/J. Kevin Curtis J. Kevin Curtis Vice President—Transmission VB BTS II, LLC Agenda Item 3 Page 23 Disclosure Statement VEPCO Management Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Chapman, James R. Executive Vice President and Chief Financial Officer Reid, Carter M Executive Vice President,Chief of Staff and Corporate Secretary Arnett, Corynne S. Senior Vice President-Regulatory Affairs and Customer Experience Brown, Carlos M. Senior Vice President,Chief Legal Officer and General Counsel Cardiff, Michele L. Senior Vice President.Controller and Chief Accounting Officer Green, Cedric F. Senior Vice President-Generation Mitchell, Mark D. Senior Vice President-Project Construction Murray, William L. Senior Vice President-Corporate Affairs&Communications Stoddard. Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President-Power Delivery Windle, W.Keith Senior Vice President-Administrative Services Wooten, Steve C. Senior Vice President and Chief Information Officer Avram, Emil G. Vice President-Business Development Bassey, Utibe O. Vice President-Customer Experience Bennett, Joshua J. Vice President-Offshore Wind Bradshaw, Alan W. Vice President-Strategic Partnerships Chester, Elizabeth"Betsy'L. Vice President-Regulatory Affairs Curtis, J.Kevin Vice President-Transmission Duman, L.Wayne Vice President-Financial Planning&Analysis Holloway, James Vice President-Nuclear Engineering&Fleet Support Johnson, Darius A. Vice President and Treasurer Jones, Ann M. Vice President-Operations Support Lawrence, Douglas C. Vice President-Nuclear Operations&Fleet Performance Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President-Distribution Operations Neal, James L. Vice President-Financial Management Purohit, Prabir Vice President-Strategy Sauer, Robert W. Vice President-System Operations Scott, Kelly S. Vice President-Technical Services Showalter, Alma W. Vice President-Tax Stites, Brandon E. Vice President-Project Construction Tornabene, Amanda"Mandy"B. Vice President-Governance and Assistant Corporate Secretary Wellener, Wendy T Vice President-Shared Services Williams, Jason E. Vice President-Environmental&Sustainability Woomer, Joseph A. Vice President-New Business&Customer Solutions Wright,Jr.Robert"Robbie"S. Vice President-Grid&Technical Solutions Hilbert, Lisa Site Vice President-North Anna Power Station Mladen, Fred Site Vice President-Surry Power Station Conway, Kelly K. Controller Adkins, Lauren V. Assistant Treasurer Doggett, Karen W Assistant Corporate Secretary VB BTS II, LLC Agenda Item 3 Page 24 Disclosure Statement Evans, Jonathan T. Assistant Treasurer Kurz, Wiliam J Assistant Controller Nawrocia, Alison M. Assistant Controller Scott, Kathryn"Liza"J Assistant Treasurer VB BTS II, LLC Agenda Item 3 Page 25 Disclosure Statement VEPCO PARENT AND SUBSIDIARY INFORMATION VEPCO Parent: Dominion Energy,Inc. VEPCO Direct Subsidiaries: Virginia Power Fuel Corporation Virginia Power Services,LLC Virginia Power Services,LLC Direct Subsidiaries: Virginia Power Nuclear Services Company Virginia Power Services Energy Corp.,Inc. VP Property,Inc. VB BTS II, LLC Agenda Item 3 Page 26 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. VB BTS II, LLC Agenda Item 3 Page 27 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 3 VB BTS II, LLC (Applicant) Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Property Owner) Conditional Use Permit (Communication Tower) Address: 568 North Lynnhaven Road RECOMMENDED FOR APPROVAL — HEARD Madam Clerk: Thank you, Mr. Chairman. Our first item is agenda item #3 VB BTS II, LLC, a request for a Conditional Use Permit, a Communication Tower at 568 North Lynnhaven Road in Council District 8. Would the applicant or the applicant's representative, please step to the podium. Ms. Murphy: Good afternoon, Chairman Alcaraz, Vice-chairman Horsley, members of the Planning Commission and staff. For the record, my name is Lisa Murphy, local zoning attorney, and I'm here today on behalf of the applicant VB BTS II, LLC, which does business as Vertical Bridge. I'd like to thank Marchelle for all of her work with us on this application. I also have with me today, Jeff Holland, who's from Dewberry Engineers, who's able to answer any questions that you all might have of a technical nature. As the staff report indicates the applicant is proposing to construct and operate 125-foot wireless communication facility with a five-foot lightning rod on the Dominion Energy substation property located at 568 North Lynnhaven Road. The facility as is indicated in the staff report would be disguised as a pine tree and it would enable for Verizon Wireless and two other wireless carriers to be able to provide much needed enhanced wireless coverage in the Kings Grant area. As most of you all know in the late 90s and early 2000s, consumers used wireless phones in their cars. Real estate agents had the people who traveled a lot had them, and that largely meant that initial networks were built out along major roadways and along the interstate. At that time mobile phones really were just phones if you can imagine, and they were more of a nice to have instead of a have to have. To put this in perspective, in December of 2007, just under 16% of all homes were wireless only. You fast forward to the most recent data that we have, which takes us to June of last year, that number was 71% for adults living in wireless only homes, and just under 82% of children are in homes that are wireless only. If you look at millennials, that number is closer to 90%. Many millennials have never had a wire line phone. So, as you can imagine, in addition to that you have today's smartphone, which is not just a phone, it's a way to surf the internet, take and send videos and photos, watch Netflix, pay bills, order goods and services, and really connect us virtually with our customers, clients, friends and loved ones. So as the number of users and uses has increased dramatically, obviously that means there's need for additional wireless facilities. In order to keep up with the demand we need more antenna sites in the Little Neck Peninsula, and specifically in the Kings Grant area. For several years now Verizon Wireless and other carriers have been looking for ways to enhance their wireless service. Most people will look first for a structure that's already there. It's cheaper, it's faster, it requires far less capital investment. When new facilities are necessary, that's when it gets kind of tricky, as you know, you have to find a site that meets the Zoning Ordinance requirements, you have to find a willing landlord, and you have to find something with enough space for the facility. The proposed facility, as I mentioned, will enhance, and provide much more robust coverage to the residents in the Kings Grant area who are now largely served by the 210-foot light pole facilities at Little Neck Swim and Racquet Club. Those were done back in the early 2000s, and those are approximately a mile to the north. Due to the height and design, those facilities really have a limited coverage and if you live in the area, you've probably recognized that you do have some dead zones and challenges with wireless coverage on the entire peninsula. At this point other than those two light pole replacements, and then a site at the Little Neck United Methodist Church, which is further north of this Swim and Racquet Club, there's really virtually very little infrastructure on the whole peninsula. On the Great Neck quarter by contrast, you have some sort of wireless facility about every mile, so that gives you a sense of what you would be looking for. As the staff report indicates the monopine will be located within a 40 by 50-foot fenced compound located within a 2500 square foot lease area, and if you look at the site plan that's before you, the facility will share the entrance with the substation and then will be located just behind the existing substation equipment that's there now. The proposed towers, the staff report indicate meets the minimum setback requirements, and as a staff report indicates we did hold a balloon test, and those photo simulations of that balloon test should be in your packet. Initially we're looking at some other type of stealth facility, a monopole, but in this particular location, as you'll notice from the photo sims the monopine at this particular height fits very well. I know some of you may have seen monopines that are in the middle of field somewhere, or in a commercial area, and it doesn't really fit, but in this case, you've got on that property itself, some trees that are in the 80-90-to-200- foot range. So, 125-foot monopine, which is what you're looking at now, a facility disguised to look like a pine tree really sort of fits in that area. So, we felt like this would be the ideal stealth designed for the facility. As Marchelle mentioned this morning, and as the staff report indicates, we did go ahead and hold a community meeting. We sent out over 60 notices with my name, phone number, and telephone number on them. We had one gentleman come to the meeting, and then I received one email. As you know, the case always I'm happy to talk to anybody with any questions. We believe in full transparency. The application, as Marchelle mentioned complies with all the requirements of the zoning ordinance, and your comprehensive plan. Staff is recommending support and we also request that you recommend approval to city council. I'm happy to answer any questions and I will standby. Mr. Alcaraz: Thank you. Are there any questions? Mr. Wall: No thank you very much. Madam Clerk, do we have a speaker? Madam Clerk: Mr. Chairman, we have one speaker and it's via WebEx. Mr. Russell Kelly. Mr. Kelly, we're going to un-mute your audio feed. Once that happens, please state your name and you have three minutes for your comments. Mr. Kelly: [No Audio] Mr. Alcaraz: Are there any questions for Mr. Kelly from the commissioners? Mr. Clemons: Yeah, I'm just curious. You mentioned that the tower would be close to homes, and about how close, could you be a little bit more specific about that? Mr. Kelly: [No Audio] Mr. Alcaraz: Alright, thank you, sir. Mrs. Murphy, did you want to come up and rebut on that? Ms. Murphy: Sure, I guess I'll address them in reverse order. So, if you look directly across North Lynnhaven, the closest house is about 150 feet. To answer your question, if you look at it on Google Earth, the applicant did look at there are two churches in the area, St. Nicholas Catholic Church, you've got Kings Grant Presbyterian, we looked at the ball fields, the elementary school, and any property of any size in the area, and that's how they ended up with the substation property. As far as safety concerns, I can say that the emissions at the ground level, as you all know, because these are at light pole replacements at the high schools, and pretty much everywhere in the city is going to be far less than what you would get from the lights in this room, your wireless router, your microwave, those are things that are much closer to you. So there really isn't any concern there. Having said that, as Kay would probably tell you, safety concerns from RF emissions is not really something that's in within the purview of the local zoning body. It's the federal government regulates that, our requirement is to provide proof to the local government that the facility is going to meet and exceed all of the safety requirements, and that really is handled by the federal government. So, I'm happy to answer any other questions that you have. Mr. Alcaraz: Great. Are there any questions? Alright, thank you. At this time, I'll look forward for discussion, or I'll entertain a motion, Mr. Wall? Mr. Wall: I've got a question, maybe Ms. Wilson, can you elaborate on that. I think that there are some legalities with that this body can't make a decision based on the cell towers in terms of their radiation or whatever the radio waves, maybe you can expand on that a little bit. Ms. Wilson: Okay, the federal government does play a heavy hand in the telecommunications field, and so they have an ordinance, have a requirement that the local governments cannot control the placement of telecommunications facilities in regard to citizens' concerns about health issues from the RF emissions, that is handled by the federal government, the federal government has set those emissions, and the applicant sends in to the local government that they meet the regulations, and if they meet them, there is no other concern, and it cannot be a part of the discussion with the local government. Mr. Alcaraz: Alright, thank you, Mr. Wall thanks for asking this, and thank you for explaining that. Mr. Horsley: With regard to the safety net, we've had experience with having a 200-foot cell tower within probably 100 yards of our house and our facilities for some 15 years or so, and we haven't seen if they've added extra antennas to it, and we still haven't seen any effects from it so far as vegetation or animals around there and whatever, and we haven't seen any effects from at all. So, I think that may be a little bit of a misnomer, and if nobody else has got any questions, I'll offer a motion application be approved. Mr. Wall: One thing about the application is that, you know, I can see where it could be impactful, maybe impactful, but it's behind a power substation, so it's in while, and I'm sure there's going to be you know, 2500 square feet of land disturbance of clearing, it's going to at least the ground level features are going to be behind the power substation, and so it should mitigate some of the negative effects of you know, a change along the roadway, you know, along the view shed and then the use of them, you know, the pine or whatever they call it the, the monopine that helps mitigate the visual effects also. I tend to support this application. Mr. Alcaraz: Thank you, Mr. Horsley? Mr. Redmond? Mr. Redmond: I was gonna second Mr. Horsley's motion. Mr. Alcaraz: Are there any Planning Commissioners abstaining from this vote? Alright have none. There was a motion for approval made by Commissioner Horsley and seconded by Mr. Redmond. Madam Clerk: By a vote of 9 in favor, 0 against the application agenda item #3 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT— 568 N. Lynnhaven Road —Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated 11/30/2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 130 feet above ground level, inclusive of the lighting rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 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. C....„�S! ai CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTION 2004 OF THE CITY ZONING ORDINANCE PERTAINING TO DIMENSIONAL AND OTHER REQUIREMENTS IN THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT. (SPONSORED BY COUNCIL MEMBER BERLUCCHI) MEETING DATE: March 7, 2023 • Background: This amendment, sponsored by Council Member Berlucchi, came after the City received developer inquiries on parcels encumbered by environmental features. Due to the environmental features, the qualifying parcel area used to determine density is restricted on those parcels. This ordinance would permit a density of up to twenty-four units per acre for multiple-family developments with a conditional use permit on properties which are encumbered as described in the ordinance. • Considerations: The Historic Kempsville Area is one of the primary crossroads within the City. The purpose of the Historic Kempsville Area Overlay District is to enhance the appearance of the area encompassed by the District and to help restore its vitality as an important and historic location within the City. Multiple-family dwellings are permitted in the Historic Kempsville Overlay with a conditional use permit. The existing ordinance limits the density of multiple-family dwellings to eighteen (18) units per acre or the maximum density permitted by the regulations of the underlying zoning district, whichever is the lesser. Due to the environmental features within the overlay, the qualifying parcel area used to determine density is restricted on certain parcels. This amendment would increase the maximum density to twenty-four (24) units per acre for those parcels encumbered by certain environmental features through a conditional use permit. The proposed ordinance provides the following considerations for the increase in density from eighteen to twenty-four units during the conditional use permit process: • The property is irregularly shaped • The property is impacted by environmental constraints including, but not limited to, Floodplain, Chesapeake Bay Preservation Area, Southern Rivers Watershed Management Area • The massing and scale of the proposed development is consistent with the character of the surrounding property City of Virginia Beach — Historic Kempsville Area Overlay District Page 2 of 2 If approved, this amendment would permit a density of up to twenty-four units per acre for multiple-family developments with a conditional use permit on properties which are encumbered as outlined above. Updated language for the amendment was handed out at the Planning Commission meeting. The changes were minor and had no substantive impact. The most recent version of the amendment is attached. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On February 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 7-0, with 1 abstention, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager: 1911)/'0 1 REQUESTED BY COUNCILMEMBER BERLUCCHI 2 3 AN ORDINANCE TO AMEND SECTION 2004 4 OF THE CITY ZONING ORDINANCE 5 PERTAINING TO DIMENSIONAL AND 6 OTHER REQUIREMENTS IN THE HISTORIC 7 KEMPSVILLE AREA OVERLAY DISTRICT 8 9 Section Amended: § 2004 of the City Zoning 10 Ordinance 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Section 2004 of the City Zoning Ordinance is hereby amended and 19 reordained to read as follows: 20 21 Sec. 2004. Dimensional and other requirements; density; landscape screening 22 and buffering. 23 24 Subject to the provisions of section 2003 of this ordinance, dimensional and other 25 requirements for uses and structures located within the Historic Kempsville Area 26 Overlay District shall be as specified in the underlying zoning district; provided, 27 however, that: 28 29 (a) The density of multiple-family dwellings shall not exceed eighteen (18) units 30 per acre or the maximum density permitted by the regulations of the underlying 31 zoning district, whichever is the lesser, on a zoning lot. Through the 32 Conditional Use Permit process, City Council may approve additional units 33 above the eighteen (18) units per acre up to twenty-four (24) units per acre to 34 allow for development outside of environmentally sensitive areas if the 35 following considerations apply: 36 37 a. The property is irregularly shaped; and 38 39 b. The property is impacted by environmental constraints such as, but not 40 limited to, Floodplain, Chesapeake Bay Preservation Area, Southern 41 Rivers Watershed Management; and 42 43 c. The massing and scale of the proposed development is consistent with 44 the character of the surrounding property. 45 1 46 (b) Where a zoning lot within the B-2(HK) or B-4(HK) district adjoins any district in 47 which single-family dwellings, duplexes, attached dwellings or multiple-family 48 dwellings are permitted as a conditional or principal use, without an intervening 49 street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot 50 minimum yard shall be required along all lot lines adjoining such district. 51 Category IV landscape screening shall be required, and no other uses or 52 structures shall be permitted, within the yard. 53 54 (c) The requirements within the B-4K (HK) Mixed Use Business District for 55 minimum lot area, width, yard spacing and maximum lot coverage for residential 56 dwellings and commercial structures are set forth in Article 9 of this ordinance. 57 58 • • • • Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ann.ing Department City A torney's Office CA15959 R-6 January 31, 2023 2 Applicant City of Virginia BeachNB Agenda Item Planning Commission Public Hearing February 8, 2023 Historic Kempsville Area Overlay District Virginia Beach Request An Ordinance to amend Section 2004 of the City Zoning Ordinance pertaining to dimensional and other requirements in the Historic Kempsville Area Overlay District. Summary of Request This amendment is sponsored by Council Member Berlucchi. The request came after the City received developer inquiries on parcels encumbered by environmental features. The Historic Kempsville Area is not only one of the primary crossroads within the City, but is also the location of the third courthouse in Princess Anne County,the site of a Revolutionary War skirmish, an early cultural and economic hub within the City, and is surrounded by many stable and attractive residential communities. As such, its appearance and revitalization is important to the physical and economic vitality of the City.The purpose of the Historic Kempsville Area Overlay District is to enhance the appearance of the area encompassed by the District and to help restore its vitality as an important and historic location within the City. Multiple-family dwellings are permitted in the Historic Kempsville Overlay with a conditional use permit. The existing ordinance limits the density of multiple-family dwellings to eighteen (18) units per acre or the maximum density permitted by the regulations of the underlying zoning district,whichever is the lesser. Due to the environmental features within the overlay, the qualifying parcel area used to determine density is restricted on certain parcels. This amendment would increase the maximum density to twenty-four(24) units per acre to provide an option for those parcels encumbered by certain environmental features through a conditional use permit. The proposed ordinance provides the following considerations for the increase in density from eighteen to twenty-four units during the conditional use permit process: • The property is irregularly shaped • The property is impacted by environmental constraints including, but not limited to, Floodplain, Chesapeake Bay Preservation Area, Southern Rivers Watershed Management Area • The massing and scale of the proposed development is consistent with the surrounding character If approved,this amendment would permit a density of up to twenty-four units per acre for multiple-family developments with a conditional use permit on properties which are encumbered as outlined above. Recommendation Staff recommends approval of this Ordinance as it will allow an option for those parcels whose qualifying parcel area is otherwise restricted to have density consistent with the surrounding area by clustering development outside of environmentally sensitive areas with a conditional use permit within the Historic Kempsville Area Overlay. City of Virginia Beach Agenda Item 1 Page 1 Ordinance 1 REQUESTED BY COUNCILMEMBER 2 BERLUCCHI 3 4 PLANNING COMMISSION VERSION 5 6 AN ORDINANCE TO AMEND SECTION 2004 7 OF THE CITY ZONING ORDINANCE 8 PERTAINING TO DIMENSIONAL AND 9 OTHER REQUIREMENTS IN THE HISTORIC 10 KEMPSVILLE AREA OVERLAY DISTRICT 11 12 Section Amended: § 2004 of the City Zoning 13 Ordinance 14 15 WHEREAS, the public necessity, convenience, general welfare and good zoning 16 practice so require; 17 18 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That Section 2004 of the City Zoning Ordinance is hereby amended and 22 reordained to read as follows: 23 24 Sec. 2004. Dimensional and other requirements; density; landscape screening 25 and buffering. 26 27 Subject to the provisions of section 2003 of this ordinance, dimensional and other 28 requirements for uses and structures located within the Historic Kempsville Area 29 Overlay District shall be as specified in the underlying zoning district; provided, 30 however, that: 31 (a) The density of multiple-family dwellings shall not exceed eighteen (18) units 32 per acre or the maximum density permitted by the regulations of the underlying 33 zoning district, whichever is the lesser, on a zoning lot. Through the 34 Conditional Use Permit Process, City Council may approve additional units 35 above the eighteen (18) units per acre up to twenty-four (24) to allow for 36 development outside of environmentally sensitive areas subject to the following 37 considerations: 38 a.The property is irregularly shaped, 39 b.The property is impacted by environmental constraints such as, but not 40 limited to, Floodplain. Chesapeake Bay Preservation Area. Southern 41 Rivers Watershed Management;and 42 c.The massing and scale of the proposed development is consistent with 43 surrounding character City of Virginia Beach Agenda Item 1 Page 2 Ordinance 44 (b) Where a zoning lot within the B-2(HK) or B-4(HK) district adjoins any district in 45 which single-family dwellings, duplexes, attached dwellings or multiple-family 46 dwellings are permitted as a conditional or principal use,without an intervening 47 street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot 48 minimum yard shall be required along all lot lines adjoining such district. 49 Category IV landscape screening shall be required, and no other uses or 50 structures shall be permitted, within the yard. 51 (c) The requirements within the B-4K (HK) Mixed Use Business District for 52 minimum lot area, width, yard spacing and maximum lot coverage for 53 residential dwellings and commercial structures are set forth in Article 9 of this 54 ordinance 55 .. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15959 R-2 January 11,2023 City of Virginia Beach Agenda Item 1 Page 3 Virginia Beach Planning Commission February 8, 2023, Public Meeting Agenda Item # 1 City of Virginia Beach —An Ordinance to amend Section 2004 of the City Zoning Ordinance pertaining to the dimensional and other requirements in the Historic Kempsville Area Overlay District. (Sponsored by Councilman Berlucchi) RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you, Mr. Chairman. The consent agenda today consists of five items. Item number one, the City of Virginia Beach, is an Ordinance to amend section 2004 of the City Zoning Ordinance pertaining to the dimensional and other requirements in the Historic Kempsville Area Overlay District. Ms. Hannah Sabo will read that. Ms. Sabo: Thank you. This is an Ordinance to update section 2004A of the City Zoning Ordinance pertaining specifically to the requirements of the Historic Area Overlay District. This amendment was sponsored by Council Member Berlucchi. The existing Ordinance limits the density to a maximum of 18 units per acre for a multi- family uses, which require a Conditional Use Permit. We have received developer interest in parcels that are encumbered by environmental features. This amendment would increase the maximum density to 24 units per acre to permit a clustering of development outside of environmentally sensitive areas with a Conditional Use Permit. A Conditional Use Permit, as I said, is required in this district for a multi-family and it would only be an increase to 24 units per acre with the following considerations, property boundaries that are uniquely shaped, impacted by environmental constraints and consistent with surrounding character. So again, this is an Ordinance to amend section 2004A at the City Zoning Ordinance pertaining to the density requirements at the Historic Kempsville Overlay District. Mr. Horsley: Thank you. Are there any questions? Ms. Wilson: The version of this Ordinance is the one that was passed out earlier. Mr. Alcaraz: Thank you. Are there any questions, come forward? Mr. Redmond:Yes absolutely. I have a question. Could you repeat that Kay, I didn't hear you? Ms. Wilson: The version of that Ordinance is the one that was passed out to you earlier at informal. Mr. Redmond:Okay. Thank you. Mr. Horsley: Okay. Any objection to this approval of this ordinance? Hearing none, we'll move along. Mr. Horsley: Thank you Mr. Wiener. So, Mr. Chairman, we have items number one, The City of Virginia Beach, items two and three, Rudolf Development General Booth, LLC and Atlow Group Inc. And items number six and seven, SXCW Properties, LLC. I motion to approve these items on the consent agenda. Mr. Alcaraz: All right, thank you Mr. Horsley. So I have a motion to approve consent as read by the Vice Chair. Is there a second? Mr. Redmond: Mr. Chairman? Mr. Alcaraz: Yes. Mr. Redmond: I'd like to make a disclosure before we move the vote. While I'm going to support the overall package of consent, I'm specifically abstaining from agenda item number one. The developer of that parcel that's referenced in this is a client of mine. Mr. Alcaraz: Understood. Thank you. Mr. Redmond:Thank you. Mr. Alcaraz: All right. Do we have a second? Ms. Cuellar Madam Clerk: Mr. Chairman that was a motion by Mr. Horsley with a second by Ms. Cuellar. Thank you. Vote is open. By a vote of eight in favor, zero against agenda items two and three, six and seven have been recommended for approval by consent. Agenda item number one by a vote of seven in favor, zero against with an abstention by Mr. Redmond has been recommended for approval by consent. Mr. Alcaraz: All right, thank you. AYE 7 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Bradley AYE Clemons ABSENT Coston AYE Cuellar AYE Horsley AYE Oliver AYE Redmond ABSTAIN Wall ABSENT Weiner AYE M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@a,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=eaff6135659e6cd 13 76ca128a4e8ea498 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 7, 2023. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:2/21/2023 PAGE: 1 B S E - S AGENDA R H H C ITEM# SUBJECT MOTION VOTE L H O R A H T W W U EL EMR U A I 0 CDNCMMOL Y L 0 CYL 0 I O U M I. S T HE EMCNS A O 0 E I R YBK DENRNN CITY COUNCIL'S BRIEFINGS A. DOMINION ENERGY OFFSHORE WIND Joshua Bennett, (Requested by Council Member Henley) Vice President, Offshore Wind— Dominion Energy John Larson, Director of Economic Development and Public Policy— Dominion Energy Sara Lockett,Ed.D., Director—Office of B. VBCPS TECHNICAL&CAREER EDUCATION Technical Career PROGRAMS Education (Requested by Council Members Remick,Rouse, and Schulman) James A.Cervera &Michael C. MAYOR'S TASK FORCE ON YOUTH Daniels,Co- VIOLENCE PREVENTION UPDATE Chairs (Requested by Mayor Dyer) II. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS III-V CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 A Y Y A Y Y Y Y Y Y Y A-F G. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 9-0 A Y Y A Y Y Y Y Y Y Y February 7,2023 2. FORMAL SESSION APPROVED 9-0 A Y Y A Y Y Y Y Y Y Y February 14,2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:2/21/2023 PAGE: 2 B S E - S AGENDA R H H C ITEM# SUBJECT MOTION VOTE L HOR A H T W W U E L EMR U A I O CDNCMMOL Y L O C Y L 0 I OUML S T HE EMCNS A O O E I R YBK DENRNN H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Pastor E.Ray Cox Sr. 2. RESOLUTION—L&J GARDENS Rebecca Saunders,Civic League President 3. CAVALIER HOTEL & RESORT PROJECT Bruce Thompson, UPDATE CEO—Gold Key/ (Requested by Mayor Dyer,Vice Mayor Wilson, PHR and Council Members Berlucchi, Henley, Holcomb, Remick, Ross-Hammond, and Schulman) I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY — FARMERS 1 SPEAKER MARKET Building 3,Space 14 to Gilly's Creamery,L.L.C. 2. DECLARATION AND EXCHANGE OF EXCESS 1 SPEAKER CITY PROPERTY Approximately 2,529 square feet of a portion of City-Owned property located at 2640 Highland Meadows Way K.1. Ordinance to AMEND City Code Sections 6-5 re ADOPTED 8-1 A Y N A Y Y YYY Y Y animals on the beach and adjacent areas (Requested by Mayor Dyer,Vice Mayor Wilson, and Council Members Berlucchi, Holcomb, Remick,Ross-Hammond,Rouse,and Schulman) K.2. Ordinance to AWARD a $5,000 Community ADOPTED,BY 8-1 A Y N A Y Y YYYY Y Services Micro-Grant to Jeanna's iFeed re support CONSENT its"Collab to Impact"initiative(Requested by Council Member Wooten) K.3. Ordinance to AMEND City Code Section 10-1 re ADOPTED,BY 9-0 A Y Y A Y Y Y Y Y Y Y change the polling location for Precinct 0040 to CONSENT Union Baptist Church at 4608 South Boulevard and to REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) Deferred from February 7,2023 K.4. Ordinance to AMEND City Code Chapter 35.5 re ADOPTED,BY 9-0 A Y Y A Y Y Y Y Y Y Y Commercial Property Assessed Clean Energy CONSENT (C-PACE)Financing and Resiliency Program K.S. Ordinance to AMEND City Code Sections 5-531, ADOPTED 5-4 A Y Y A N Y N Y N Y N 21-303,23-7.1,23-7.5,27-7 and REPEAL Section 21-221 re law enforcement officers(Requested by the Sheriff's Office) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:2/21/2023 PAGE: 3 B S E - S AGENDA ITEM# SUBJECT MOTION VOTE R HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T HE EMCN S A O O E I R YBK DENR N N K.6. Ordinance to AUTHORIZE and DIRECT the ADOPTED 6-3 A Y Y AN YNYY Y N City Manager to EXECUTE a Memorandum of Agreement(MOA)between the Virginia Beach Police Department and the Virginia Beach Sheriff's Office re joint use of forces, equipment,and materials K.7. Resolution to REPEAL the City Council Policy re ADOPTED,BY 9-0 AY Y A Y Y YYYY Y Advertisement of Public Notices for Tax or Fee CONSENT Increases K.8. Resolution to SUPPORT the City's 2023 ADOPTED,BY 9-0 A Y Y A Y Y YYYY Y applications for Rebuilding American CONSENT Infrastructure with Sustainability and Equity Program Funding re Nimmo Parkway Phase VII- B and Virginia Beach Trail Phase I K.9. Resolution to APPROVE the School Board's entry DEFERRED TO 8-1 A Y Y A Y Y YNYY Y into an Interim Agreement re the design work at APRIL 18,2023 OR Princess Anne High School, B.F. Williams/ UNTIL THE Bayside 6th,and Bayside High School Deferred SCHOOL BOARD from September 6,2022 and October 18,2022: PROVIDES A Version 1 (Requested by the Virginia Beach RESPONSE School Board) Version 2(Requested by Vice Mayor Wilson) K.10. Resolution to AUTHORIZE and DIRECT the ADOPTED,BY 9-0 A Y Y A Y Y YYYY Y City Manager to EXECUTE an Intergovernmental CONSENT Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program Easements K.11. Ordinance to APPROPRIATE$48,294,167 from ADOPTED 9-0 A Y Y A Y Y YYYY Y the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operation Budget and Capital Improvement Program(Requested by the School Board)Deferred from December 13,2022 K.12. Ordinance to APPROPRIATE$145,285.63 and ADOPTED,BY 9-0 A Y Y A Y Y YYYY Y PROVIDE to the Estate of Leslie Ann Parker re CONSENT excess funds from tax sale K.13. Ordinance to APPROPRIATE$70,000 of Fund ADOPTED,BY 7-1 A Y N A Y Y YYYY A Balance from the General Fund for an Incentive CONSENT B Grant to Old Dominion University re creation of S the Institute of Data Science at Town Center T A N K.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 A Y Y A Y Y YYYY Y $3,510 from AARP and FitLot to the Parks and CONSENT Recreation FY2022-23 Operating Budget re instructor at the Williams Farm Outdoor Fitness Park CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:2/21/2023 PAGE: 4 B S E - S AGENDA R H H C ITEM# SUBJECT MOTION VOTE L HOR A H T W W U E L EMR U A I 0 CDNCMMOL Y L O CYL 0 I O U M L S T HE EMCNS A O O E I R YBK DENR N N L. APPOINTMENTS RESCHEDULED 9-0 B Y C O N S ENS U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION CLEAN COMMUNITY COMMISSION Reappointed: 9-0 A Y Y A Y Y YYY Y Y Karlaa Gregory 3 Year Term 4/1/2023-3/31/2026 COMMUNITY ORGANIZATION GRANT Appointed: 9-0 A Y Y A Y Y YYY Y Y REVIEW&ALLOCATION COMMITTEE Robert Lougen- At-Large Unexpired thru 8/31/2024 COMMUNITY POLICY AND Appointed: 9-0 A Y Y A Y Y YYY Y Y MANAGEMENT TEAM Charlene Collins Representing Human Services Dept. designee Unexpired thru 1/31/2024 Bryan Clark Representing City Council's designee 2 Year Term 4/1/2023— 3/31/2025 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:2/21/2023 PAGE: 5 B S E - S AGENDA R H H C ITEM# SUBJECT MOTION VOTE L HOR A H T W W U E L EMRU A I O CDNCMMOL Y L O C Y L 0 1 OUML S HE EMCNS AOOE I R Y B K , D E N R N N HEALTH SERVICES ADIVSORY BOARD Appointed: 9-0 A Y Y A Y Y YYY Y Y Gay Goldsmith Unexpired thru 3/31/2023 +3 Year Term 4/1/2023-3/31/2026 Reappointed: Jacqueline Cotton Erica Terminello 3 Year Term 4/1/2023-3/31/2026 MILITARY ECONOMIC DEVELOPMENT Appointed: 9-0 A Y Y A Y Y Y Y Y Y Y ADVISORY COMMITTEE Lawrence Barbrey Robert Katz 5 Year Term 3/1/2023-2/29/2028 OPEN SPACE ADVISORY COMMITTEE Reappointed: 9-0 A Y Y A Y Y YYY Y Y Jill Ewell Representing Parks and Recreation Commission Liaison 3 Year Term 3/1/2023-2/28/2026 PARKS AND RECREATION COMMISSION Appointed: 9-0 A Y Y A Y Y YYY Y Y David Weiner Rep.District 1 3 Year Term 2/21/2023— 2/28/2026 Reappointed: Jill Ewell Rep.District 10 3 Year Term 3/1/2023-2/28/2026 Redesignated: John Boyd Rep.District 3 Susan Brunke Rep.District 5 Sharon Felton Rep.District 6 Robert Hardegen Rep.District 9 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:2/21/2023 PAGE: 6 B S AGENDA E S R H H C ITEM# SUBJECT MOTION VOTE L H 0 R A H T W W U E L EMR U A I 0 C D N C M M 0 L Y L 0 C Y L 0 I 0 UM L S T HE E MC N S A 00 E I R YBK D ENR N N PLANNING COMMISSION Appointed: 9-0 A Y Y A Y Y Y Y Y Y Y John Plumlee Rep.District 6 4 Year Term 2/21/2023- 2/28/2027 William Parks Rep.District 10 4 Year Term 2/21/2023— 2/28/2027 Reappointed: George Alcaraz Rep.District 5 Holly Cuellar Rep.District 8 4 Year Term 3/1/2023— 2/28/2027 Redesignated: Michael Clemmons Rep.District 2 John Coston Rep.District 9 PLANNING COUNCIL Reappointed: 9-0 A Y Y A Y Y Y Y Y Y Y Council Member Wooten 1 Year Term 4/1/2023— 3/31/2024 RESORT ADVISORY COMMISSION Appointed: 9-0 A Y VA Y Y YYY Y Y Kate Pittman Representing the ViBe District 3 Year Term 2/21/2023— 1/31/2026 Reappointed: Page Miyares 3 Year Term 2/1/2023— 1/31/2026 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:2/21/2023 PAGE: 7 B S AGENDA E - S ITEM# SUBJECT MOTION VOTE R H H C L HOR A H T W W U EL EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S T HE EMCNS A O O E I R YBK DENR N N STORM WATER APPEALS BOARD Reappointed: 9-0 A Y Y A Y Y YYY Y Y John Fowler Representing Civil Engineer Travis Fox Representing Land Surveyor 3 Year Term 4/1/2023-3/31/2026 TA/ITA CITIZENS ADVISORY Appointed: 9-0 A Y Y A Y Y YYY Y Y COMMITTEE Diana Hicks 3 Year Term 2/21/2023— 2/28/2026 Reappointed: Robert White 3 Year Term 3/1/2023— 2/28/2026 CITY COUNCIL LIAISONS FOR SPECIAL 9-0 A Y Y A Y Y YYY Y Y PROJECTS SAIL 250 VIRGINIA Vice Mayor Wilson and Council Member Schulman ELECTION SYSTEM PUBLIC INPUT Council Members Henley and Rouse M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 9:54 PM