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MAY 5, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0A•BEAC MAYOR WILLIAM D.SESSOMS,JR.,At-Large Jti4 , L VICE MAYOR LOUIS R.JONES Bayside-District 4 ff O.' M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne-District 7 U ; SHANNON DS KANE Rose Hall—District 3 0:, '? •�Ate•,./: JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 e°` N oNz JOHN E.UHRIN,Beach—District 6 oox' �� ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—JERALD D.BANAGAN FAX(757)385-5669 CITYAUDITOR—LYNDON S.REMIAS 5 May 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK--RUTH HODGES FRASER,MMC y MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL RECONCILIATION - Conference Room - 3:00 PM A. FY 2015-16 RESOURCE MANAGEMENT PLAN (Budget) II. CITY MANAGER'S BRIEFING A. Green Sea Plan Clay Bernick, Environmental and Sustainability Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION • I VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend K. Todd Holt Pastor Great Neck Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 21, 2015 2. SPECIAL FORMAL SESSION April 23, 2015 3. SPECIAL FORMAL SESSION April 28, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Lakeside Construction Day Eric C. Anderson 2. PROCLAMATION—Virginia Organizing Month Tim McCarthy and Deborah Grant I. PUBLIC HEARING—Light Rail VIRGINIA BEACH TRANSIT EXTENSION PROJECT Local Preferred Alternative J. PUBLIC HEARING—Franchise Agreements Proposed five (5) year Café Franchise Leases of City-owned property: a. 11th Street Boardwalk Café 11th Street b. Atlantic Avenue Side Street Café 11`h Street c. Planet Pizza Sidewalk Café Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue K. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT Five (5) year Franchise Agreements for Open Air Cafés : a. 11th Street Boardwalk Café 11th Street b. Atlantic Avenue Side Street Café 11 th Street c. Planet Pizza Sidewalk Café Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue 2. Ordinance to AMEND Public Works Specifications and Standards re commercial entrances on connector streets East of Atlantic Avenue 3. Ordinance/Resolution to AUTHORIZE: a. Acquisition of property from Equity Trust Company to protect the Southeastern Parkway and Greenbelt alignment at Credle Road b. Temporary suspension of the Commercial Parking Restrictions as a right-of-way at 712 Atlantic Avenue c. Establishment of Swift Medical Transport d. An annual EMS Permit re ambulance services for Swift Medical Transport 4. Ordinances to ACCEPT and APPROPRIATE: a. $25,000 federal funding from the Virginia Department of Environmental Quality (DEQ) re Storm Water Quality Enhancements II. b. $3,050 for the Professional Support Development Team (PSDT) re employee training 5. Ordinance to TRANSFER$220,000 of the Sheriffs Office FY 2014-15 Budget and AUTHORIZE four(4)positions re workload demands L. PLANNING 1. CCW DEVELOPMENT ASSOCIATES,LLC for a chane in a Non-Conforming Use re a residential condominium at 2606 Arctic Avenue and 400 27t Street DISTRICT 6—BEACH RECOMMENDATION: DEFERRAL TO JUNE 2, 2015 2. LEONARD M. LYON for a change in a Non-Conforming Use to ADD living space and move a dwelling at 4481 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. ATLANTIC DEVELOPMENT ASSOCIATES, LLC/CAROLYN D. and WILLIAM D. WOOD re Variance to the Subdivision Regulations re a corner lot at 407 53`d Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. THOMAS R. and JOAN G. ECKERT for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development, R-5D Residential and Conditional B-1A Business re office and residential use at 4444 Shore Drive DISTRICT 4—BAYSIDE APPLICANT REQUESTS DEFERRAL RECOMMENDATION: APPROVAL 5. AARON HOLLEY/CONTE ACQUISITIONS for a Conditional Use Permit re a Craft Brewery at 1805 Laskin Road DISTRICT 6—BEACH. RECOMMENDATION: APPROVAL 6. KROGER LIMITED PARTNERSHIP I/TIDEWATER INVESTMENTS and CHARLIE WEAVER for a Conditional Use Permit re a service station at 5285 Providence Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. ASSEMBLY OF YAH, INC. for a Conditional Use Permit to enlarge the church building re a Religious Use at 5151 Locke Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS —New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 2015-2016 RESOURCE MANAGEMENT PLAN SCHEDULE RECONCILIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH I. CITY COUNCIL RECONCILIATION - Conference Room - 3:00 PM A. FY 2015-16 RESOURCE MANAGEMENT PLAN (Budget) II. CITY MANAGER'S BRIEFING A. Green Sea Plan Clay Bernick, Environmental and Sustainability Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 21, 2015 2. SPECIAL FORMAL SESSION April 23, 2015 3. SPECIAL FORMAL SESSION April 28, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA I I H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Lakeside Construction Day Eric C. Anderson 2. PROCLAMATION—Virginia Organizing Month Tim McCarthy and Deborah Grant I -214*-44.41) UC 5 y2rpOUR NAZ� V 6 1J t+ Whereas Lakeside Construction Corporation is a land development company that has had its headquarters in the City of Virginia Beach since August of 1954;and Whereas During that time,Lakeside Construction Corporation has developed many different communities in the City of Virginia Beach inducting Diamond Lakes Estates,Avalon xfls, 2fomestead,cPocahontas'Vilrage, Eairfiegl,Point of View,Wesleyan Pines and,most recently,Red ,till'Farm;and Whereas Wrs.Lucy E.cReasor,Chairwoman of the Board,Emeritus,holds a great appreciation for the volunteers who dedicate their service to the citizens of the City of Virginia Beach;and 'Whereas 'decently,it came to the attention of Eric C.Anderson,President of Lakeside Construction Corporation, that the Princess Anne Courthouse Volunteer Rescue Squad hada need for a location to store equipment and house materials;;and- Whereas ndWhereas Lakeside Construction Corporation owned a parcel ofB-2 zoned land,including a storage budding,in the subdivision of cR.ed%ill TFarm,on the main thoroughfare of ammo Parkway, that court!aid the Rescue Squad in their mission;and Whereas OnApri11,2015,Lakeside Construction Corporation deeded the 1.53 acres of property,along with the budding thereon, to the Princess Anne Courthouse'Volunteer Rescue Squad- recorded in the Crerkof the Courts records on April 2015,instrument number 20150414000327780;and Whereas 'The owners and employees of Lakeside Construction Corporation recognized the sacrifice and dedication of the volunteers who make our City great and were pleased to bestow this gift to the Princess Anne Courthouse Volunteer Rescue Squad Now'TTierefore,I,William D.Sessoms,yr.,Mayor of the City of'Virginia Beach,'Virginia,do hereby proclaim: May 5, 2015 Lakeside Construction Day In'Virginia Beach and call upon all citizens of Virginia Beach to express their thanks to Lakeside Construction for their generosity and their appreciation for the volunteers of our City. In'Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach, Virginia,to be affiX•ed this fifth day of Way,'Two'Thousand and'Fieen. `o ,. •�y4 1� s I iii �///�•// Joi"I'4" ---- William D.Sessoms,Jr. Mayor O L4 34 dn(444 a 4 2 ap SUR NW°N i: tortamatton WJirEq?EAS: Virginia Organizing is a non-partisan,statewide,grassroots organization dedicated to challenging injustice by empowering people in focal communities to address issues that affect the quality of their lives;and WJ[1EREAS: Virginia Organizing in Virginia Beach has worked to pass an inclusionary zoning affordable housing policy,a mobile home parkprotective polity,and curb predatory lending in the city through partnership with the InterfaithACliance at the Beach;and, Whereas: Virginia Organizing workedfor the development of affordable housing options and the eradication of homelessness in Virginia Beach and,in partnership,forsuccessfulpassage of the ban the box policy;and Whereas: Virginia Organizing worked with the2fuman sights Commission to create a resolution celebrating diversity and welcoming immigrants;and to engage local citizens in community conversations to address issues of concern; and WilEREAS: Among Virginia Organizing's Statement of Beliefs is the belief that allpeople should 6e treated fairly and with dignity in all aspects of fife,regardless of race,lass,gender,religion,sexual orientation,age,ability or country of origin,and WIPEXEAS: In August of 2015,Virginia Organizing is celebrating 20 years of grassroots organizing and bringing about real change for real people through countless campaigns to improve the quality of life for all- NOW,DPEKETORE, 6e it resolved that I,William E.Sessoms,Jr,Mayor of the City of Virginia Beach,hereby proclaim: August 2015 Virginia Organizing Month In Virginia Beach, and encourage others to(earn about and support this organization in its efforts. In Witness Whereof I have hereunto set my hand and caused the Official Seal-of the City of Virginia Beach, Virginia, to be affixed this T'fth day of May, Two Thousand Eieen. pobti/1„,,,,,,,..., William D.Sessoms,Jr. Mayor I I I. PUBLIC HEARING—Light Rail VIRGINIA BEACH TRANSIT EXTENSION PROJECT Local Preferred Alternative J. PUBLIC HEARING—Franchise Agreements Proposed five (5) year Café Franchise Leases of City-owned property: a. 11 th Street Boardwalk Café 11th Street b. Atlantic Avenue Side Street Café 11th Street c. Planet Pizza Sidewalk Café Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue IAB ', f....,,,...:„. ,,,7,, f; f 7Y `c4� Ali PUBLIC HEARING CONSIDERATION OF A LOCALLY PREFERRED ALTERNATIVE FOR THE VIRGINIA BEACH TRANSIT EXTENSION STUDY The City Council of Virginia Beach, Virginia at its formal session on May 5, 2015, at 6:00 PM, will conduct a Public Hearing to solicit feedback on the Alternatives Analysis in the Draft Environmental Impact Statement(DEIS)for the Virginia Beach Transit Extension Study (VBTES) and on the City staff recommendation for extending The Tide light rail transit system to Town Center as identified as Alternative 1A. A copy of the VBTES is available at htto://eohrt.com/a bout/development/vbtes and copies are available for inspection at , the Virginia Beach Public Libraries,City Hall, and the Strategic Growth Area Office at Town Center. 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). Ruth Hodges Fr City Clerk Beacon May 3,2015 Nu aFt� c ro 4 ICY)) N2. tee, S) s'.-,,,J PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a Public Hearing at 6:00 PM on May 5, 2015 in the City Council Chamber regarding the proposed café franchise lease of city-owned property located at the following locations: 1. 1011 Atlantic Avenue, to 11°^ Street,LC Va 110 Street Atlantic Avenue Side Street Café 2. 1011 Atlantic Avenue, to 11,^ Street, LC Va 11. Street Boardwalk Café 3. 812 Atlantic Avenue, to Planet Pizza, Inc. Va Planet Pizza Atlantic Avenue Sidewalk Café 4. VBS Raw Bar, Inc. Va Seaside Raw Bar Atlantic Avenue Sidewalk Café The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease 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 a.ove- referenced franchise shou: be directed to Mike Eason,S - Resort Management Office, by .ling(757) 385-4800. Ruth Hodges'a s C City Clerk Beacon:April 26&May 3,2015 K. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT Five (5) year Franchise Agreements for Open Air Cafés : a. 11th Street Boardwalk Café 11 th Street b. Atlantic Avenue Side Street Café 11th Street c. Planet Pizza Sidewalk Café Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue 2. Ordinance to AMEND Public Works specifications and standards re commercial entrances on connector streets East of Atlantic Avenue 3. Ordinance/Resolution to AUTHORIZE: a. Acquisition of property from Equity Trust Company to protect the Southeastern Parkway and Greenbelt alignment at Credle Road b. Temporary suspension of the Commercial Parking Restrictions as a right-of-way at 712 Atlantic Avenue c. Establishment of Swift Medical Transport d. An Annual EMS Permit re ambulance services for Swift Medical Transport 4. Ordinances to ACCEPT and APPROPRIATE: a. $25,000 federal funding from the Virginia Department of Environmental Quality (DEQ) re Storm Water Quality Enhancements II. b. $3,050 for the Professional Support Development Team (PSDT) re employee training 5. Ordinance to TRANSFER $220,000 of the Sheriffs Office FY 2014-15 Budget and AUTHORIZE four (4)positions re workload demands II[ OZWC,s11 \ :�L`, ya CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Four Franchise Agreements for Open Air Cafés in the Resort Area MEETING DATE: May 5, 2015 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air 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 open air 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 four entities have successfully operated open air cafés pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) 11th Street, LC, t/a 11th Street Café, for operation of a Boardwalk Café; (2) 11th Street, LC, t/a 11th Street Café, for operation of an Atlantic Avenue Side Street Café; (3) Planet Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; and (4) VB's Raw Bar, Inc., t/a Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk Café. • Public Information: A public notice was published in The Beacon on April 26, 2015 and May 3, 2015. • Attachments: Ordinance and Disclosure Forms Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Office A Z.:2 City Manager. k , ..,6).11,(2.1. I I 1 AN ORDINANCE GRANTING FOUR 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following four entities have successfully operated open air cafés 17 pursuant to either one-year or five-year franchise agreements, and are seeking renewal 18 of their franchise agreements for five year terms: (1) 11th Street, LC, t/a 11th Street Café, 19 for operation of a Boardwalk Café; (2) 11th Street, LC, t/a 11th Street Café, for operation 20 of an Atlantic Avenue Side Street Café; (3) Planet Pizza, Inc., t/a Planet Pizza Café, for 21 operation of an Atlantic Avenue Sidewalk Café; and (4) VB's Raw Bar, Inc., t/a Seaside 22 Raw Bar Café, for operation of an Atlantic Avenue Sidewalk Café.; and 23 24 WHEREAS, the Strategic Growth Area Office recommends that the above- 25 named entities be granted open air café franchise agreements. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH: 29 30 That the City Council hereby grants five-year franchise agreements to: (1) 11th 31 Street, LC, t/a 11th Street Café, for operation of a Boardwalk Café; (2) 11th Street, LC, 32 t/a 11th Street Café, for operation of an Atlantic Avenue Side Street Café; (3) Planet 33 Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; 34 and (4) VB's Raw Bar, Inc., t/a Seaside Raw Bar Café, for operation of an Atlantic 35 Avenue Sidewalk Café. 36 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: IL, Strategic Growth Area Office City Attorney's Office CA13338 R-1 April 20, 2015 C...t•Wei. FRANCHISE DISCr This form is rquired for tie following applications: Rarcedng;Conditional Use PerMit Encroachment; Street Closwq Acquisidon of City Property;Disposidon of City Property; Lem of-City Property;Thraaelataas;License Agreemenb and Isny other magars before pismming Comudssion ander City Coate!hawing to do'with real eagate or the development of property in gitu My of Vlaginia Amen.. kiPPLICANT DismoguRE If the Applicant is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: 1. List the Applicant name followed by the names of all officers,directors,members, trustees, partnigs,etc.below: (Attach list irnecessoy) ignareas earaws , 2. List List all businesses that have a parent-subsidiaryt or affiliatkx1 business entity2 relationship with the Applicant (Attach list V.necessaiy) • AAM-C., • O Check here if the Applicant is NGTa corporation,partnership,firm,business,or other unincorporated organization. PROPERTY OVINKR DISCLOSURE Complete this section only orproperty owner is different from Applicant. If the property owner is a corporation,pagnership,firm,business,or other unincorporated organization,complete the following: 1. List the property owner name followed by the names of all officers,members, trustees,partners,etc.below: (Attach list Orecessaiy) lett- 6 aLiz, I 4,5 .6 14ief.,f,"1-7 52-,1/tZ ,9-4/ e Page 1q14 1,of 4 .621e4/ /' 2-3 t? L I 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) [�Check here if the property owner is MGT a corporation,partnership,firm, business,or other unincorporated organization. 1 &2 See page 4 for footnotes SERVICES DISCIRSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual r' Accounting gab Gc ;c cog. O Architect O j13 ContractPurchaser(other than Applicant)(identify purchaser and purchaser's service providers) _ O ), Any other pending or proposed purchaser of the subject property (identify purchasers)and _ purchaser's service providers) O Construction Contractor O AS Engineer/Surveyor O IQ Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of w P ) Legal Services i F Real Estate Brokers/Agents for current and anticipated future sales of the subject property 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 the nature of the interest? 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. All disclosures must he rifted two(2)weeks prior to any i'lanning Commission and City Council Meeting relating to the application. 9 No changes as of 3/j//S (date) n Revisions: (date) CERTIFICATION: I certify that the information contained herein is complete.nue and • accurate. I understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. CC.ttttt' 385 Appl s SII ature � Print Name Date L. L'. da:e c- i-/)3-"- P Owner's Sig re(if different than Applicant) Print Name Date Page 3 of 4 I, I "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,Vt. Code§22-3101. 2"Affiliated business entity relationship"mems"a relationship,other than pazentrsubsidiary 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 r. 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 sante offices or employees or otherwise shire activities, resources or persotmel 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§ 22-3101. Page 4 of 4 I iI CAFCAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning;Conditional Use Perm Encroachment;Street Closure;Acquisition of City Property;Disposition of City Property; Lease of City Property;Franchises;License Agreements and any other matters befora Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DISCLOSURE If the Applicant is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: 1. List the Applicant name followed by the names of all officers,directors,members, miMtees. nartaers,etc.below: (Attach list if necessary) ) (r etrd(jS9'°. 2. List all businesses that);ave a parent subsidiary) or affiliated business entity` relationship with the Applicant: (Attach list if necessary) µ}JS ❑Check here if the Applicant is NOT a corporation,partnership,firm,business,or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from Applicant. If the property owner is a corporation,partnership,fine,business,or other unincorporated organization,complete the following: 1. List the property owner name followed by the names of all officers,members, trustees,partners,etc.below: (Attach list if necessary) Page 1 of 4 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organiz. ation. 1 &2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual O \IR. Accounting 0 IN, Architect O "fiZ Contract Purchaser(other than Applicant)(identify purchaser and purchaser's service providers) 0 *):Sk Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O tt. Construction Contractor O 'KZ. Engineer/Surveyor O ‘Sk Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 property) ❑ V,. Legal Services ❑ t54, Real Estate Brokers/Agents for current and anticipated future sales of the subject property 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 X No if yes,what is the name of the official or employee and the nature of the interest? 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. All disclosures must be updated two (2)weeks prior to any Planning Commission and City Council Meeting relating to the application. ❑ No changes as of (date) ❑ Revisions: (date) CERTIFICATION: I certify that the information contained herein is Complete,true and accurate. 1 understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. A. .. iY-l`16 �'"" Applicant'= ignature Print Name Date j ••erty ne Signatu differentthan Applicant) Print Name Date Page 3 of 4 i I DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals • Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Eff Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 O II other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) i' -Ater; _ s f'. .t, es (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and Z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Qf Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) "' `,P - ,F „.„1,(°',k w s w.hV 4, >. e —A 1 1 r i \ (8) List the businesses that have a parent-subsidiary � or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) EElAccounting and/or preparer of your tax return ❑ E Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than n the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed �--� L purchaser of the subject property (identify purchaser(s) and purchaser's service providers) U Construction Contractors El [ Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I 1 1 Financing (include current Li pi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E El Legal Services IIIIIIIIIIIIIIIM Real Estate Brokers /Agents for ❑ current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PPUC 'SCNATURE PRINT NAMEDATE f pmt ‘FwIP , I-1 12,1 `PROPER WNER`S St6NATURE ' PRINT NAME DTE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I I r ae IN if0�`f. prfoc '". >, ,V SDj `,A,,,, .t i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance to Amend Public Works Specifications and Standards Pertaining to Commercial Entrances on Connector Streets East of Atlantic Avenue MEETING DATE: May 5, 2015 • Background: Currently, there is no prohibition against vehicular entrances on the connector streets east of Atlantic Avenue for commercial properties. Councilmember Uhrin has requested that an ordinance to prohibit new entrances without City Council approval be brought forward. • Considerations: The ordinance amends the Public Works Standards and Specifications by adding a new Section 3.13.3.1, which prohibits zoning lots from having entrances on the numbered streets east of Atlantic Avenue between Rudee Inlet and 42nd street unless (i) there is an existing curb cut onto such streets as of April 21, 2015, or (ii) such entrance is approved by the City Council. • Public Information: No special form of advertising is required and the ordinance has been advertised as an ordinary agenda item. • Recommendations: Adoption of the ordinance • Attachments: Ordinance Submitting Department/Agency: Requested by Councilmember John E. Uhrin City Manager: 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND THE PUBLIC WORKS 5 SPECIFICATIONS AND STANDARDS BY ADDING A NEW 6 SECTION 3.10.3.1, PERTAINING TO COMMERCIAL 7 ENTRANCES ON CONNECTOR STREETS EAST OF 8 ATLANTIC AVENUE 9 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That the Public Works Specifications and Standards are hereby amended and 14 reordained by the addition of a new Section 3.13.3.1, pertaining to Commercial 15 entrances on connector streets east of Atlantic Avenue, to read as follows: 16 Chapter 3. Geometric Alignment & Design 17 . . . . 18 3.10 Entrances 19 . . . . 20 3.10.3.1 Commercial entrances on connector streets east of Atlantic Avenue. 21 22 a) No lot or zoning lot located on Atlantic Avenue between Rudee Inlet and 23 42nd Street on which any commercial use is located shall have a vehicular entrance 24 from any numbered street east of Atlantic Avenue unless (i) there is an existing curb ci it 25 onto such street as of April 21, 2015, or (ii) such entrance is approved by the City 26 Council. For purposes of this section, "commercial use" shall be deemed to include any 27 building other than one containing only dwelling units, as defined by Section 111 of the 28 City Zoning Ordinance. 29 30 b) The provisions of this section shall not be varied by the Director of Public 31 Works pursuant to Section 1.4 of these specifications and standards or by the City 32 Manager or his designee pursuant to Section 5 of the Site Plan Ordinance, or any 33 successor specification, standard or ordinance. 34 1 1,1 35 COMMENT 36 37 The ordinance amends the Public Works Standards and Specifications to prohibit 38 commercial uses on the numbered streets east of Atlantic Avenue between Rudee Inlet and 42" 39 Street from having an entrance onto the connector street unless there is an existing curb cut onto 40 the connector street as of the date this ordinance is adopted (April 21, 2015) or such entrance is 41 approved by the City Council. The ordinance also specifies that the Director of Public Works or 42 City Manager or his designee may not grant a variance from this section, thus leaving the City 43 Council as the sole authority to allow an entrance to a commercial use from a connector street east 44 of Atlantic Avenue from Rudee Inlet to 42' Street. 45 46 47 Adopted by the City Council of the City of Virginia Beach, Virginia on the _ 48 day of , 2015. 49 50 51 52 APPROVED AS TO LEGAL SUFFICIENCY: 53 t 1 54 )/() / ,i 55 56 City Attorney's Office 57 58 59 CA13334 60 R-1 61 April 2, 2015 2 .\' \ _ >""Z Hp IIIIIIIIIIIIIIIIII cr ILW Q Y o 0 L\'‘ C _I U Q it- T. C3 § ce. O 6 LL W_ v-s----- C1-3 C , = W'^ 0 2 Q IIIII 11111110 y .s. 416'27.5g02 0 2416 Z�'d'g61 2416.27 x.920 880 �� 241664:27- „31349 \. ----------._ . Ili Q08 '� ANp,g�U© _- - o N _ i A m z o 1 r 0 zEcKR/9s� ti ,, d y Q c / os Q w C�f��aF.k`\” c � O � 77 777 ��, a" W 111 L h. z� f,,,_,-.1-- rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of approximately 1.03 acres of property located on Credle Road from Equity Trust Company FBO Karen Ward IRA to protect the Southeastern Parkway and Greenbelt Alignment MEETING DATE: May 5, 2015 • Background: Equity Trust Company FBO of Karen Ward IRA (the "Owner"), owns 8 parcels of land located on Credle Road and totaling approximately 1.03 acres (GPINs: 2416-27-3808, 2416-27-3849, 2416-27-3980, 2416-27-4920, 2416-27-4961, 2416-27-5902, 2416-27-5943 and 2416-27-5984) (collectively, the "Property"). The Owner submitted a preliminary subdivision plat, which was approved on January 2, 2013, in order to begin development of the Property. City Council directed staff to attempt to purchase the Property to protect the proposed Southeastern Parkway and Greenbelt alignment. • Considerations: City staff and the Owner have reached an agreement, subject to Council approval, for the purchase of the Property. The proposed purchase price is $508,000 and is recommended to be funded from CIP 3-139 (Various Site Acquisitions II). • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the request and allow development of the Property in the proposed Southeastern Parkway and Greenbelt alignment. • Recommendations: Approve the purchase of the Property subject to the terms and conditions of the Summary of Terms. • Attachments: Ordinance, Disclosure Statement Form and Location Map. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate cdC PAD City Manager ' % k, , 1"$ ko yr- } ». a+ ..r r y m S 3a DISCLOSURE STATEMENT FOM - .: : r x` The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 i SECTION 1 / APPLICANT DISCLOSURE ,t Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: "} NO CHANGES AS OF DATE: — REVISIONS SUBMITTED DATE: +�R��Y-�. t�{ x alS' � '�.'+kZ�:+ �, �x s �� a� ��"5 . rn`�dx',�rtr r`�stC�a, � � a' �r,.,�r„. " � �r •" �r�K zy y s<r s T fit sx r ' xY _z 4.. 1 "$ck�1. ✓J `�,e�' �A V Tinia Beach yr other unincorporated organization, AND THEN. complete the folio i g : (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Ktoe � r W11o,(tS tnclZkriduckActa O.ncf Elu; 5 -Tr l_or pc nn (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. VI Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) ‘Wc&-ir42--r GOCQrd ( ncr i 0-0(vxd( Ok3Ari f?ajzi -T5f- Cru-y) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. y � . ,& SFr,43t-, . �s-s „< .8 ln r 3 �Alie.:-.,,.., is a � ' 7 gz - ' yrs 1 �--.---,•,,,,,-.-,i,..--4.,,,,,..,,,,,..-:--- r ms' m -4-n_411•01.:-X.! id n _ K Virginia Beach 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. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Q $7, Accounting and/or preparer of - your tax return Q' Not Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than igt , Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 0IN, Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. � �J `i` 'S''s" r ^s '� ' ' • -: s, - J � H i } ° re' `v �, x Expk..-y,+ ..' s `i :t �.}^ "4' Financing (include current ' psa mortgage holders and lenders 0' selected or being considered to C rn{S provide financing for acquisition � or construction of the property) a� [ Legal Services F. S u.I l t va., C4,11Q Acip, el*C Real Estate Brokers /Agents for 64, 1421151. current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ci<CkAst"......., , 1C1.a_. d Karen l- . t.J Q r d APPLICANT'S SIGNATURE PRINT NAME DATE k j1Dt . XQ r e r) L • tcia Q di- /4 !S PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Ar_. The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 APPROXIMATELY 1.03 ACRES OF PROPERTY 3 LOCATED ON CREDLE ROAD FROM EQUITY 4 TRUST COMPANY FBO KAREN WARD IRA TO 5 PROTECT THE SOUTHEASTERN PARKWAY AND 6 GREENBELT ALIGNMENT 7 8 WHEREAS, Equity Trust Company FBO Karen Ward IRA("Equity Trust Company") 9 owns 8 lots, containing approximately 1.03 acres of land, located on Credle Road in the 10 City of Virginia Beach, Virginia (GPINs: 2416-27-3808, 2416-27-3849, 2416-27-3980, 11 2416-27-4920, 2416-27-4961, 2416-27-5902, 2416-27-5943 and 2416-27-5984) 12 (collectively, the "Property"), as further described on Exhibit A, attached hereto and 13 incorporated herein; 14 15 WHEREAS, the Property is located within the alignment for the Southeastern 16 Parkway and Greenbelt, and the City of Virginia Beach (the "City") has purchased 17 numerous other properties within the alignment in an effort to prevent development that 18 would lie in the course of the future roadway; 19 20 WHEREAS, Equity Trust Company has agreed to convey the Property to the City for 21 $508,000, subject to Council approval and in accordance with the Summary of Terms 22 attached hereto as Exhibit B and incorporated herein, and 23 24 WHEREAS, funding for the acquisition is available in the Various Site Acquisitions II, 25 CIP 3-139; 26 27 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA: 29 30 1. That the City Council authorizes the acquisition of the Property pursuant to 31 §15.2-1800 of the Code of Virginia (1950), as amended, which Property is generally 32 identified as GPINs 2416-27-3808, 2416-27-3849, 2416-27-3980, 2416-27-4920, 2416-27- 33 4961, 2416-27-5902, 2416-27-5943 and 2416-27-5984)and more particularly described on 34 Exhibit A. 35 36 2. That the City Manager or his designee is further authorized to execute all 37 documents that may be necessary or appropriate in connection with the purchase of the 38 Property, so long as such documents are in accordance with the Summary of Terms 39 attached hereto as Exhibit B and containing such other terms, conditions and modifications 40 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 41 Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 2015. i II CA13240 R-1 PREPARED: 4/17/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d002\p019\00175343.doc APPROVED AS TO ONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 4,„,,c) UBLI WORKS REAL ESTATE CITY ATTORNEY APPROVED AS TO SUFFICIENCY OF FUNDS: ci / J e Finance Department EXHIBIT "A" Legal Description All those certain lots, tracts or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "LOT Al," "LOT A2," "LOT B1," LOT B2," "LOT Cl," "LOT C2," "LOT D1," and "LOT D2," as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF MRS. T.J. HUTCHINGS AND LOT 21, SECTION 2 EXTENDED, NORTH BELLWOOD PARK, M.B. 34, P. 19 M.B. 36, P. 45 VIRGINIA BEACH, VIRGINIA," Scale 1" = 30', dated May 13, 2014, prepared by Dennis J. Gerwitz Land Surveyors, P.C., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140915000871530, to which reference is made for a more particular description. TOGETHER WITH all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. EXHIBIT "B" SUMMARY OF TERMS OWNER: Equity Trust Company FBO Karen Ward IRA BUYER: City of Virginia Beach, VA PROPERTY: Approximately 1.03 acres of land on Credle Road (GPINs: 2416-27-3808, 2416-27-3849, 2416-27-3980, 2416-27-4920, 2416-27-4961, 2416-27-5902, 2416-27-5943 and 2416-27- 5984) CONSIDERATION: $508,000 SOURCE OF FUNDS: Various Site Acquisitions II (CIP 3-139) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. a I 0 E. Z (....... v, u_ O O I 4-, N _co 3 aa' --- E4–. ca N o z = , Lo 0 - o co co o N I- i }' O N Q .0 v U °' . .....-- 0\ \ \) 1 ti r L Lo 2 w_- E \ = LL �.-�y U -- P TSP , a` O _ �_ cl) \ s dLO '," ~ 1 > , ,, v.,-N Q N j' rJ Z ti N N Q Z , 1 N a 1 ti ii i fry �` , • V....•..,., FPVE '( .:.Z PPC\ \G - ... N o PC\F\C P� ? OL on \\ C LI > (..) Cl: J (� • w o — , . C — .0 z °z N m IRDNECK RD S • J I II $ �f ; ;4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing a temporary suspension of the commercial parking restriction on the property located on the former 8th Street Right-of-Way, a portion of 712 Atlantic Avenue (GPIN 2427-23-5940). MEETING DATE: May 5, 2015 ■ Background: The City Council approved the vacation and closure of a portion of 8th Street by Ordinance 96-2391J, adopted May 14, 1996, and the former street (the "8t Street Property") was incorporated into the adjacent property owned by Burlage and Associates. The street closure was a part of the development of the 9th Street Parking Garage, and the development documents included a Declaration of Easements, Covenants and Restrictions (Deed Book 3692, at page 890), which required, among other things, that the 8th Street Property could not be used for commercial public parking (the "Commercial Parking Restriction"). The Commercial Parking Restriction may be enforced by the City Zoning Administrator and by the owner of the 9th Street Parking Garage. The Commercial Parking Restriction terminates on March 31, 2027. The Virginia Beach Development Authority (the "Authority") is the current owner of the 9th Street Parking Garage, which is adjacent to the 8th Street Property. Burlage and Associates recently sold the 8th Street Property to Festival, LLC. Festival, LLC has asked the City to suspend the enforcement of the 8th Street Restriction until October 31, 2016 in order to use the 8th Street Property as a commercial public parking lot while Festival, LLC plans the redevelopment of the adjacent property and the 8th Street Property together. All other deed restrictions affecting the 8th Street Property will remain in full force and effect. • Considerations: There is a shortage of available public parking at the Oceanfront. The temporary suspension of the Commercial Parking Restriction will apply to the Commercial Parking Restriction only until October 31, 2016. To avoid competition with the 9th Street Parking Garage, suspension of the Commercial Parking Restriction will be conditioned on Festival, LLC not charging a lesser parking fee than that which is charged at the 9th Street garage. The Authority also will have to consent to the temporary suspension of the Commercial Parking Restriction. ■ Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the request. • Recommendations: Approval • Attachments: Resolution, Location Map and Disclosure Statement Recommended Action: Approval Submitting DepartmentIA ency: City Manage City Manager: ' 11- OCIII I i .r. DISCLOSURE STATEMENT FOR The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: 1 iII other unincorporated organization, AND THEN, complete the fo lo (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Festival, LLC: Michael J. Standing, Jr., Manager; Michael J. Standing, Sr., Member; Helen V. Standing, Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. II 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) • ❑ ❑✓ Accounting and/or preparer of your tax return nn Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ it l the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property ❑ ❑✓ (identify purchaser(s)and purchaser's service providers) ❑ 111 Construction Contractors ❑✓ ❑ Engineers/Surveyors Stephen I Boone&Associates The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. rs '+ _ ._ xa .•t tS, it It Financing (include current , �" ❑✓ ❑ mortgage holders and lenders selected or being considered to TowneBank provide financing for acquisition or construction of the property) ❑✓ ❑ Legal Services Sykes, Bourdon, Ahern & Levy El ❑✓ Real Estate Brokers /Agents for current and anticipated future sales of the subject property 1 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑✓ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any publi • ,d o��o In-connection with this Application. / Michael J. Standing, Jr., Mgr 4/07/15 APPLICANT'S �`',` PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1 A RESOLUTION AUTHORIZING A TEMPORARY 2 SUSPENSION OF THE COMMERCIAL PARKING 3 RESTRICTION ON THE PROPERTY LOCATED ON THE 4 FORMER 8TH STREET RIGHT-OF-WAY, A PORTION OF 5 712 ATLANTIC AVENUE (GPIN 2427-23-5940). 6 7 WHEREAS, the City Council approved the vacation and closure of a 8 portion of 8th Street by Ordinance 96-2391J, adopted May 14, 1996, and the former 9 street (the "8th Street Property") was incorporated into property owned by Burlage and 10 Associates; 11 12 WHEREAS, the street closure was a part of the development of the 9th 13 Street Parking Garage, and the development documents included a Declaration of 14 Easements, Covenants and Restrictions (Deed Book 3692, at page 890), which 15 required, among other things, that the 8th Street Property could not be used for 16 commercial public parking (the "Commercial Parking Restriction"). The Commercial 17 Parking Restriction may be enforced by the City Zoning Administrator and by the owner 18 of the 9th Street Parking Garage. The Commercial Parking Restriction terminates on 19 March 31, 2027; 20 21 WHEREAS, the Virginia Beach Development Authority (the "Authority") is 22 the current owner of the 9th Street Parking Garage, which is adjacent to the 8th Street 23 Property; 24 25 WHEREAS, Burlage and Associates sold the 8th Street Property to 26 Festival, LLC ("Festival"), and Festival would like to suspend the Commercial Parking 27 Restriction until October 31, 2016, in order to use the 8th Street Property as a 28 commercial public parking lot while it plans the redevelopment of the 8th Street Property 29 and the adjacent property; 30 31 WHEREAS, there is a shortage of available public parking at the 32 Oceanfront; 33 34 WHEREAS, all other use restrictions affecting the 8th Street Property will 35 remain in full force and effect; and 36 37 WHEREAS, the City Council is of the opinion that authorizing the 38 temporary suspension of the Commercial Parking Restriction on the Property until 39 October 31, 2016 would be in the best interests of the City. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 44 1. That the City Council hereby authorizes the City Manager and the Zoning 45 Administrator to temporarily suspend enforcement of the Commercial Parking 46 Restriction created in the Declaration of Easements, Covenants and Commercial 11 47 Parking Restrictions from the date of adoption of this Resolution to October 31, 2016, so 48 long as (1) the fee charged for such commercial parking at any time is not less than the 49 fee charged for a comparable duration at the 9th Street Parking Garage, (2) the 50 Authority also agrees to suspend enforcement, and (3) the owner of the 8th Street 51 Property complies with all necessary rules and regulations and obtains all necessary 52 permits to operate a commercial parking lot; 53 54 2. That except for the temporary suspension of the Commercial Parking 55 Restriction authorized herein, all other restrictions, limitations, and terms of the 56 Declaration of Easements, Covenants and Restrictions shall continue and shall remain 57 in full force and effect; and 58 59 3. That the City Manager is hereby authorized to execute any documents 6o necessary to grant such temporary suspension as may be consistent with this 61 Resolution and acceptable to the City Manager and in a form deemed satisfactory by 62 the City Attorney. 63 64 This ordinance shall be effective from the date of its adoption. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the 67 day of , 2015. CA13208 R-1 4/21/15 APPROVED AS TO CO NT Gity n r APPROVED AS TO LEGAL SUFFI NCY City Attorney' Office I r .'IA 6E1C1 [r r♦c+ y1A '' a CSL ' ry CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Swift Medical Transport in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: May 5, 2015 • Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by City Council. • Considerations: Swift Medical Transport's application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Swift Medical Tranport in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this permit shall be effective immediately and until June 30, 2015. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. Recommended Action: Approval z 5 Submitting Department/Age cy: Department of Emergency Medical Services i S City Manager: te`L 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF SWIFT 2 MEDICAL TRANSPORT IN VIRGINIA BEACH AND TO 3 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING 4 PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Swift Medical Transport; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Swift Medical Transport for the establishment of its emergency 30 medical service in the City of Virginia Beach, and its application for an annual EMS permit 31 for providing private EMS ambulance services in the City of Virginia Beach is hereby 32 approved and granted, effective immediately and until June 30, 2015. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I r s ergency Medical Services Cit Attorne y' fficCef' 0 CA13348 R-1 April 20, 2015 iV 8ip`iC'1' dna 'Si --..„:„:„-- CITY VCITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Federal Funding from the Virginia Department of Environmental Quality to CIP #7-414 Storm Water Quality Enhancements II MEETING DATE: May 5, 2015 • Background: The Virginia Department of Environmental Quality (DEQ) has awarded the City of Virginia Beach $25,000 in federal grant funds through the Environmental Protection Agency (EPA) Chesapeake Bay Regulatory and Accountability Program Grant. The purpose of this grant program is to confirm the location and determine the general condition of functioning water quality management facilities within the City Municipal Separate Storm Sewer System. Mapping water quality management facilities with contributing drainage areas will greatly aid the process of developing and maintaining a cost-effective and reliable Chesapeake Bay Total Maximum Daily Load (TMDL) Action Plan. This is an EPA initiated action plan that aims to restrict the amounts of sediment and pollution entering the Chesapeake Bay. Grant funds will be used to compile historical data from July 1, 1999 through June 30, 2015 in furtherance of the development of a BMP inventory that provides GIS data for location, service area, and land usage. Information will be remitted to the State to update the Chesapeake Bay Watershed model and understand Virginia's progress toward goals outlined by the Chesapeake Bay TMDL Plan. This information will also allow for the crediting of water quality efforts undertaken to date and guide future implementation efforts which will impact the City. Capital Improvement Project (CIP) #7-414 is an ongoing project to address citywide water quality requirements. The grant funds from DEQ are in furtherance of the purpose and need for this CIP. • Considerations: Total estimated cost of the BMP inventory work is $68,806. The grant award will cover $25,000 of the projected cost, and CIP #7-414 will provide the remaining $43,806. • Public Information Public information will be distributed through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; CIP Page (from FY2014-15 Adopted) Recommended Action: Approval Submitting De•artment/Ag ncy: Public Works P4 City Manager. J 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FEDERAL FUNDING FROM THE 3 DEPARTMENT OF ENVIRONMENTAL QUALITY 4 TO CIP# 7-414 STORM WATER QUALITY 5 ENHANCEMENTS II 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $25,000 is hereby accepted from the U.S. Environmental Protection 11 Agency, by way of the Virginia Department of Environmental Quality, and appropriated, 12 with revenues increased accordingly, to Capital Project #7-414, "Storm Water Quality 13 Enhancement II," to provide for a portion of the costs associated with a BMP inventory 14 collection project to support the City's Total Maximum Daily Loads (TMDL) efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0 Budget and Management Servic:s City,, ne is Office CA13351 R-1 April 22, 2015 City of Virginia Beach,Virginia Fiscal Years 2014-15 through 2019-20 Capital Improvement Program Project:7414000 (Title:Storm Water Quality Enhancements II I Status:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type: Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Funding 19,029,704 3,775,906 2,490,328 2,552,694 2,552,694 2,552,694 2,552,694 2,552,694 0 Description and Scope Storm water quality mandates are being imposed on the City for all drainage basins.While the Lynnhaven River Basin has some dedicated funding in accordance with the City Council priority,this project must address citywide water quality requirements including those associated with the Total Maximum Daily Loads(TMDL's),Green Ribbon Committee recommendations,development of Comprehensive Storm Water Management Plans and the retrofit of older City properties with Best Management Practices(BMP's). Information gathering for storm water quality implementation plans is a critical part of the City's efforts to meet it's storm water quali mandates. Purpose and Need The City is required by the Clean Water Act,through Virginia Pollutant Discharge Elimination System(VPDES)regulations,to reduce pollutants in its storm water discharges to the"maximum extent practicable."Additionally,the Federal and State regulatory agencies have developed TMDL's which assigns pollutant load allocations to reduce pollutants in impaired water bodies.The City is required to participate in the TMDL program in order to be in compliance with it's VPDES permit. History and Current Status This project first appeared in the FY 2012-13 CIP,as an ongoing project and is a continuation of project 7-183,Storm Water Quality Enhancements.In FY 2013-14,the City was awarded$365,902 in State Water Quality grants for projects in Thalia Creek and Mill Dam Creek drainage basins.These 50%/50%Grants allow the City to better utilize available funding. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 07/12-06/20 1,600,000 Construction 07/12-06/20 17,429,704 Total Budgetary Cost Estimate: 19,029,704 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 19,029,704 Total Funding: 19,029,704 Fiscal Year 2014-15 4-179 Quality Physical Environment o��s :"moi r:::',7 yJ.ll CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Funds for the Professional Support Development Team MEETING DATE: May 5, 2015 • Background: The Professional Support Development Team (PSDT) was chartered by the City Manager, Executive Leadership, and other City Officials on October 2, 1997, as a resource network that maintains a link with members, citizens, and outside agencies for the purpose of promoting our quality government organization. The PSDT hosts the Annual Support Day Conference, a training conference for City employees that offers tools arrd resources that will help them to be of better service to the citizens and businesses in the City of Virginia Beach. Outside financial sources provide logistical support for the conference through sponsorship and donations. These donations and sponsorships are deposited into the Learning and Development revenue account and tracked by the PSDT Marketing and Sponsorship Subcommittee Financial Representative. • Considerations: To date, the PSDT has received $2,800 in donations and sponsorships of which $750 has been appropriated in the current FY 2014-15 Operating Budget. The PSDT expects to receive an additional $1,000 in donations and sponsorships by the end of the current fiscal year. This request appropriates the funds received in addition to what was included in the FY 2014-15 Operating Budget. • Public Information: Public information will be coordinated through the normal Council agenda process. IL Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager: 1( ) . .a(?1514i‘ r I 1 AN ORDINANCE TO APPROPRIATE FUNDS FOR THE 2 PROFESSIONAL SUPPORT DEVELOPMENT TEAM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $3,050 is hereby appropriated, with revenues from donations and 8 sponsorships increased accordingly, to the Professional Support and Development 9 Team within the FY2014-15 Operating Budget for its training conference and in 10 furtherance of promoting the City's quality government organization through tools and 11 resources for professional staff. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: git.Ci a , • 0 Budget and Management Service Ci orney's Office CA13350 R-2 April 24, 2015 S4rG NU_Be�cH 1 4sz, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer $220,000 within the Sheriff's Office FY 2014-15 Operating Budget and to Authorize 4.0 Part-time FTEs to Address Workload Demands MEETING DATE: May 5, 2015 • Background: Over the last several years, the State Compensation Board reduced staffing for the Virginia Beach Sheriff's Office (VBSO) by a total of 18 FTEs. In an effort to offset this staffing reduction, the VBSO utilizes part-time staff to maintain operations and meet the service demand of courts and corrections. Existing part-time positions move between job functions within Correctional Operations. • Considerations: The VBSO requests an addition of 4.0 part-time FTEs, which it believes will be sufficient to meet identified workload demands. On March 17, 2015, the City Council provided $3,031,000 in additional funding for the VBSO to provide amounts needs for a new medical contract, salary support due to retirements and resignations, and supplement underperforming revenues. The requested transfer to provide the 4.0 FTEs requires reallocating $220,000 of the amounts provided by the March 17 ordinance. • Public Information: Public information will be handled through the normal Council Agenda notification process. • Attachments: Ordinance Submitting Department/Agency: Virginia Beach Sheriff's Office City Manager: 1 AN ORDINANCE TO TRANSFER $220,000 WITHIN THE 2 SHERIFF'S OFFICE FY 2014-15 OPERATING BUDGET 3 AND TO AUTHORIZE 4.0 PART-TIME FTES TO ADDRESS 4 WORKLOAD DEMANDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $220,000 is hereby transferred within the FY 2014-15 Operating Budget of 10 the Sheriff's Office to provide additional part-time positions to address workload 11 demands; and 12 13 2. That the Sheriff's Office position total for FY 2014-15 is hereby increased by 4.0 14 part-time positions. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Att• .r' Office CA13349 R-1 April 20, 2015 I 11 f 1-ki 1*n. Lt -1 ..t: NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, May 5, 2015 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 6-BEACH CCW Development Associates, LLC Application: Change in Non-Conformity at 2606 Arctic Avenue and 400 27'Street(GPINs 2428000560;2428000483). Aaron Holley/Conte Acquisitions Application: Conditional Use Permit (craft brewery)at 1805 Laskin Road,Suite 102(GPIN 2407683131). DISTRICT 4-BAYSIDE LEONARD M. LYON Application:Change in Non-Conformity at 4481 Lee Avenue (1570700574). Thomas R.&Joan G. Eckert Application: Conditional Change of Zoning(R-7.5 Residential to Conditional PD-H2 Planned Development[R-5D Residential]and Conditional B-1A Business)at 4444 Shore Drive(GPIN 1479774911).Proposal is for development of an office building as well as single-family dwellings at a density of 4.73 units per acre. Comprehensive Plan - Shore Drive Corridor (Suburban Focus Area 1). DISTRICT 2-KEMPSVILLE Kroger Limited Partnership I/Tidewater Investments & Charlie Weaver Application: Conditional Use Permit (automobile service station - fueling pumps)at 5285 Providence Road(GPIN 1466448213). Assembly Of Yah, Inc. Application: Conditional Use Permit (religious use - church)at 5151 Locke Lane(GPIN 1466659271). COUNCIL DISTRICT 5-LYNNHAVEN Atlantic Development Associates, LLC /Carolyn D. & William D. Wood Application: Variance to the Subdivision Regulations at 407 53'Street(GPIN 2418791490). Ruth Hodges Fraser,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http:/www:v_trgo\_cp!r pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303. Beacon April 19&26,2015 24607206 L. PLANNING 1. CCW DEVELOPMENT ASSOCIATES, LLC for a chane in a Non-Conforming Use re a residential condominium at 2606 Arctic Avenue and 400 27' Street DISTRICT 6—BEACH RECOMMENDATION: INDEFINITE DEFERRAL 2. LEONARD M. LYON for a change in a Non-Conforming Use to ADD living space and move a dwelling at 4481 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. ATLANTIC DEVELOPMENT ASSOCIATES, LLC/CAROLYN D. and WILLIAM D. WOOD re Variance to the Subdivision Regulations re a corner lot at 407 53`d Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. THOMAS R. and JOAN G. ECKERT for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development, R-5D Residential and Conditional B-lA Business re office and residential use at 4444 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION: DEFERRAL TO JUNE 2, 2015 5. AARON HOLLEY/CONTE ACQUISITIONS for a Conditional Use Permit re a Craft Brewery at 1805 Laskin Road DISTRICT 6—BEACH. RECOMMENDATION: APPROVAL 6. KROGER LIMITED PARTNERSHIP I/TIDEWATER INVESTMENTS and CHARLIE WEAVER for a Conditional Use Permit re a service station at 5285 Providence Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 7. 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I: f 'IV ` p l ,:�r:':F' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CCW DEVELOPMENT ASSOCIATES, LLC (Applicant/Owner), Change in Non-Conformity, 2606 Arctic Avenue & 400 27th Street (GPINs 2428000560; 2428000483). COUNCIL DISTRICT— BEACH. MEETING DATE: May 5, 2015 • Background: The subject site is zoned A-12 Apartment District (Old Beach Overlay District), and is currently developed with two apartment buildings that contain a total of eight dwelling units. The construction of the apartment buildings pre-dates the adoption of the Town of Virginia Beach's first Zoning Ordinance. The site area is 11,200 square feet (0.26 acre). Three dwellings units is the maximum allowed on this 0.26-acre site under the A-12 zoning. The current use of the site for eight dwelling units corresponds to a density of 31 units per acre. Since the existing number of units on the site exceeds the maximum number of units permitted by-right, the current use of the property is nonconforming. • Considerations: The applicant proposes to redevelop the site by demolishing the two existing buildings and then constructing a six-unit residential condominium building. Since the redevelopment of the site consists of a significant change to the existing nonconforming use and the proposed use of the property would remain nonconforming (23 units per acre), the proposed development may proceed only with the approval of the City Council (Section 105 of the Zoning Ordinance). • Recommendations: Staff and the applicant request an indefinite deferral of this application. There are several issues that remain unresolved, and thus, the application cannot proceed at this time. • Attachments: Location Map Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department i �� City 9 Mana er: S I arr -i Ooo4411101 ' �i � _ f/:)) 0 0 p a� O O p &4...4,4 . 0 0 - _ . ._,- V) N ,9 Ui Ui €0 Q 8 O SRO G - a • F-1 ,c- N r a O O� r m'} i CO Q 7 ct -vii,-,-a p N tp/i Ui V i FA :' l A .rr UOo) • u, - [A V� V1 C9 ,9) a aaf 7-E,-- - ,2, 0 0447 , 444.4' O p G V • a r 04u „z„- ' • r v8ar . c r r 0Ay .tiA , , ``oi • ^ fO U i il . igjG . . 0 1 / . la ` - p - Jv, f� ', a . - p o7f U. ° r 44 4 0 0 (7, o o (I) ,..4/ 4%,,,‘,,,..., , A . *:, „ ,‘Nevi, -. a a a a a a . f -----._ -..‘-‘,-,.... 14.- .... .1%'4%,s.\-.:\t.z,, ( 11111., 000 0aa3, o '1f (nine J A 0 V. t o ri 1? _ Q. r. ■ Ste, - - -, ":. 8 8 8 ,..a is p W 1� �l G p p C ° 0 g> 1f �I �a v to U, ff 0 ;n . n v v v u) v, • Firs V } O V ne vov, .—” ✓ I a i1JD's cn oQ 8� \ N 4......--45/.0 J-._. i'' I 11 y 1 ro � rr ''_iti �u tom-- g,:, t i fly l,``wv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement and Relocation of a Nonconforming Use on Property Located at 4481 Lee Avenue (GPIN 1570700574) and Owned by Leonard M. Lyon. COUNCIL DISTRICT— BAYSIDE MEETING DATE: May 5, 2015 • Background: On February 3, 2015, the City Council indefinitely deferred this application to provide the applicant and the residents an additional opportunity to meet and discuss the proposal. The applicant has made attempts to meet with representatives of the neighborhoods. The representatives, however, have expressed to the applicant a lack of desire to meet, but noted that they remain opposed to the proposal. The subject site, which was platted in 1928, is zoned R-10 Residential District and is situated on the northern shore of Lake Joyce. There are two single-family dwellings located on the lot. The applicant desires to construct additions to both homes, as well as relocate one of the homes towards the center of the site. City records indicate that both single-family homes were constructed in 1941, predating the adoption of the Zoning Ordinance. The current Zoning Ordinance, however, does not allow two single-family homes on one lot in the R-10 Residential District; thus, the use of the site for two dwelling units is nonconforming. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Accordingly, since the existing use of the property is nonconforming, the proposed additions constitute an enlargement of the use, and the movement of one of the dwellings constitutes a relocation of the use, both may only proceed 'upon a resolution of the City Council.' • Considerations: The proposed scope of work includes adding living space to both single-family homes. The submitted site plan shows additions to the east and west sides of the primary dwelling, which is located on the southern part of the lot adjacent to Lake Joyce. A two-story addition is proposed at the rear of the secondary dwelling, LEONARD M. LYON Page 2 of 4 which is located on the northern part of the lot. The additions will be constructed to match the existing structures with regard to material, color, and style. The applicant will provide an interior stairway in the secondary dwelling to connect the ground and upper floor. The applicant also proposes to move the secondary dwelling from its current orientation parallel to the side lot lines to an orientation perpendicular to the side lot lines. The move will result in the front of the secondary dwelling facing the primary dwelling. Both dwelling units would meet all setback requirements for the R-10 Residential District. The applicant states that both dwelling units on site will be used for single-family occupancy only. • Recommendations: Staff concludes that the proposed enlargement and relocation of the existing nonconforming use is reasonable and will be as appropriate to the zoning district as is the existing nonconforming use. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. Except as modified by any other condition of this approval or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted Site Plan, entitled, "SURVEY/PLAN SHOWING PROPOSED BUILDING ADDITIONS AND RELOCATING BUILDING ON LOT 8A, RESUBDIVISION OF LOT 3 AND 8, BLOCK 4, AMENDED MAP CHESAPEAKE SHORES AND ADJACENT 30 FOOT ROADWAY (CLOSED AUGUST 14, 1961) FOR LENNY LYON AND CARRIE LYON, VIRIGNIA BEACH, VIRGINIA", dated October 16, 2014, and prepared by John E. Sirine and Associates, Ltd. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Departments. 2. Except as modified by any other condition of this approval or as necessary to comply with applicable City development ordinances and standards, the building additions shall be constructed in substantial conformance with the submitted drawings entitled, "PERSPECTIVE DRAWING-PRIMARY DWELLING UNIT" and "PERSPECTIVE DRAWING-SECONDARY DWELLING UNIT." 3. The materials and finishes used to construct the proposed additions shall match the existing structures in quality, style, and color. 4. The existing 10.2-foot by 16.2-foot shed located on the site shall be relocated to meet all applicable setback requirements for an accessory structure in the R-10 Residential District. 5. Both the Primary Dwelling and Secondary Dwelling, as identified on the submitted site plan, shall be for single-family use only. An interior stairway 1 1 it LEONARD M. LYON Page 3 of 4 shall be provided in the Secondary Dwelling to provide interior connection between the ground floor and the upper floor. ■ Attachments: Staff Review Disclosure Statements Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: % k BAYSIDE May 05, 2015 City Council Ma,F-2 Leonard M. Lyon • k _ Hearing tise:4 RR' - , FOR iI If APPLICANT & PROPERTY OWNER: lltalv 1 F J. ,�� _Rio -210. LEONARD M. -� -� LYON Rt0 R40 /iii R10 Left Jie,vo R10 ,—e-- -- ,•z. ..14 ConbloopPeorkra.O.,Spa.P, ion 4481 Lee Avenue SO-Shen.aw(*wiry STAFF PLANNER: Kevin Kemp REQUEST: Enlargement and Relocation of a Nonconforming Use ADDRESS/DESCRIPTION: 4481 Lee Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 15707005740000 BAYSIDE 28,831 square feet Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL The subject site, which was created in 1928, is zoned R-10 Residential District and is situated on the northern shore of Lake Joyce. There are two single-family dwellings located on the lot. City records indicate that both single-family homes were constructed in 1941, predating the adoption of the Zoning Ordinance. Two single-family homes are not permitted on one lot in the R-10 District; thus, the use of the site for two dwelling units is nonconforming. The applicant desires to construct additions to both homes, as well as relocate one of the homes towards the center of the site. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Accordingly, since the existing use of the property is nonconforming, the proposed additions constitute an enlargement of the use, and the move of one of the dwellings constitutes a relocation of the use, both may only proceed 'upon a resolution of the City Council.' LEONARD M. LYON May 5, 2015 CITY COUNCIL HEARING Page 1 The proposed scope of work includes adding living space to both single-family homes. The submitted site plan shows additions to the east and west sides of the primary dwelling, which is located on the southern part of the lot adjacent to Lake Joyce. A two-story addition is proposed at the rear of the secondary dwelling, which is located on the northern part of the lot. The additions will be constructed to match the existing structures with regard to material, color, and style. The applicant will provide an interior stairway in the secondary dwelling to connect the ground and upper floor. The applicant also proposes to move the secondary dwelling from its current orientation parallel to the side lot lines to an orientation perpendicular to the side lot lines. The move will result in the front of the secondary dwelling facing the primary dwelling. Both dwelling units would meet all setback requirements for the R-10 Residential District. The applicant states that both dwelling units on site will be used for single-family occupancy only. There is an existing shed on the property that will be moved to meet the required side yard setbacks. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Two single-family dwellings SURROUNDING LAND North: • Lee Avenue USE AND ZONING: • Single-family dwellings/ R-10 Residential District South: • Lake Joyce • Single-family dwellings/ R-10 Residential District East: • Single-family dwellings/ R-10 Residential District West: • Single-family dwellings/ R-10 Residential District NATURAL RESOURCE AND The site is developed with two residential structures, gravel parking CULTURAL FEATURES: area, and an in-ground swimming pool with decking. The site is directly adjacent to Lake Joyce, a freshwater lake. The site is located within the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and nonresidential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 through 3-3) • LEONARD M. LYON May 5, 2015 CITY COUNCIL HEARING Page 2 IMPACT ON CITY SERVICES There will be no significant impact on City services as a result of the proposed enlargements to the existing dwellings. 4 • EVALUATION AND RECOMMENDATION The applicant's request to enlarge the living area of both dwelling units, as well as to reorient the secondary dwelling, is reasonable. The proposed additions are appropriate to the character of the neighborhood and the R-10 Residential District, and are not anticipated to have any negative impact on the surrounding properties. Moreover, relocating the secondary dwelling will increase the degree to which the use of the site conforms to the regulations of the Zoning Ordinance, as all structures will meet setbacks and dimensional requirements. In sum, Staff recommends approval of this request with the conditions listed below. 4 • CONDITIONS 1. Except as modified by any other condition of this approval or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted Site Plan, entitled, "SURVEY/PLAN SHOWING PROPOSED BUILDING ADDITIONS AND RELOCATING BUILDING ON LOT 8A, RESUBDIVISION OF LOT 3 AND 8, BLOCK 4, AMENDED MAP CHESAPEAKE SHORES AND ADJACENT 30 FOOT ROADWAY (CLOSED AUGUST 14, 1961) FOR LENNY LYON AND CARRIE LYON, VIRIGNIA BEACH, VIRGINIA", dated October 16, 2014, and prepared by John E. Sirine and Associates, Ltd. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Departments. 2. Except as modified by any other condition of this approval or as necessary to comply with applicable City development ordinances and standards, the building additions shall be constructed in substantial conformance with the submitted drawings entitled, "PERSPECTIVE DRAWING-PRIMARY DWELLING UNIT" and "PERSPECTIVE DRAWING-SECONDARY DWELLING UNIT." 3. The materials and finishes used to construct the proposed additions shall match the existing structures in quality, style, and color. 4. The existing 10.2-foot by 16.2-foot shed located on the site shall be relocated to meet all applicable setback requirements for an accessory structure in the R-10 Residential District. LEONARD M. LYON May 5, 2015 CITY COUNCIL HEARING Page 3 5. Both the Primary Dwelling and Secondary Dwelling, as identified on the submitted site plan, shall be for single-family use only. An interior stairway shall be provided in the Secondary Dwelling to provide interior connection between the ground floor and the upper floor. NOTE: 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 uses allowed by this application are valid or any structures may be occupied. 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. LEONARD M. LYON May 5, 2015 CITY COUNCIL HEARING Page 4 411111 I . i I a ? i 14 • E w 1 . 44 " tizi G , ,:.. ,lopolz„...„ CI cJ _V1 -' It a 64 ili , 31 I i'''1 L'W .:°':Ill 1 Llt . W y- 3 ,, 1 . w 3.bM31�b�J ' `° S . t 11 ' _.i_ y fes. N il ' r ... fil7:4,,,,,,.: u AERIAL OF SITE LOCATION LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 5 3f1N3AV 1Ao' 331m_ 7's W. 3nnaw M31AV3s of AIL 3 m• i O m3 1�;comF Z 0. as s Y 0 r; 3 z N 0. t? W 0 v 00 a 1 w f N. Z 5 p $ e 0 -J b3 0 O Q Q P W H ` m a C7J 2 u WZ 8 H g Z W W fp, an▪d < U: I. . m Y a0mQ¢OZX • �00 ¢ Z D., n ro Qo ZmQ Wy i110 i . 1y1 mb 9 r) o W LL z . 2 .41a" m I- 0 O Il ; � aZ uj MAO-.[9N R. i{ t �',°1- hal n w � ` C v.mom Di ,f% Y I O '4 if `� \�a.m.,.M OIR w S 3 13.—4 ;,71 °fig ml A , e , 1_ fl so,. % ~"QG OM1TiM0 31Ntli "., h ll,.....it AW18Ut4 �a�� g I' WTI _ oraisoc3,I . h:gg 1 \��'�m,��_J mob«„ ilSI ...%bwmayyAY.��b AflNIA Ja �. Xgis Q kk �. 8 6t¢Gb � 31,1,0 RItA 69 � . www Iasa o 1,1c ss4tz= t 4411 ` gx A illei i!j !!Rl ! I ahZo ga — L ri el tett, 1YN00 w,� JOYCE P,E 58§.3 ! ! d I ___---_-,...g".. \P 0 PROPOSED SITE PLAN LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 6 i I iiii:•......::1,::•; • It ittio � \ .• M v } : PROPOSED ,•, ADDITION i ..r..,:,1... t. III 1 an II SECONDARY DWELLING 11111111111111111% \\\;$41,,,\\ &ass _ I R 1 — DWELLING TO BE ROTATED 4$" WI .ifff PROPOSED I ADDITION i If _ b a.; �r� PRIMARY .`o►,, , :� .. 8 DWELLING s kr* _ .0'01 it k I ?1?70 t' Sd31S PROPOSED GARAGE ADDITION w ---- --__. ..----41----- DETAIL OF PROPOSED SITE LAYOUT LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 7 • Pr �, xo PRIMARY DWELLING SECONDARY DWELLING PHOTOGRAPH OF SITE LOOKING TO THE SOUTH LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 8 PROPOSED ADDITION PROPOSED GARGAGE ADDITION rn Ef..j NORTH FACING FACADE PERSPECTIVE DRAWING- PRIMARY DWELLING UNIT PROPOSED PRIMARY DWELLING UNIT LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 9 ' ';,� • fr * - 44dir 'Ir te - co . 1 rs ti:4!\,,,,,."tio:0,4 1 ,q i'iiii r$ Pio- j ' - flif 4 till ill I ile 11 a-� . -- it - -z, ...,.._- it it,'''''' I.'''''..*z„...,,, t.,.. (t: 4 0 PHOTOGRAPH OF SECONDARY DWELLING LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 10 PROPOSED ADDITION Ef] a N NORTH FACING FACADE PERSPECTIVE DRAWING- SECONDARY DWELLING UNIT PROPOSED SECONDARY DWELLING UNIT LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 11 PROPOSED ADDITION -`"-- Nr'-:- / , , , / - -m \ / FE Ed Ell , Oil Y1 N 1 1 E6 ., ‘, iii9 B] rli i ES WT FACING FACADE 7 77 PERSPECTIVE DRAWING- SECONDARY DWELLING UNIT PROPOSED SECONDARY DWELLING UNIT LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 12 II II 1 BAYSI DE Map F-2 Leonard M. Lyon n map Not to Scale 7,10, 1, G D _.D SD SD b. - >D!1 it D �4 [E�,� I _� - - C 'SD SD ,D CDS �r ila . C 114 r .:D ,e SD S SU di 4 . ,D 1 K Q �;F,/ SD ,t, 1, - ' ° SD SD S, SD SD - .D _ SD SD SG C . a. r y sr iiia SD .D SD SD SD S. �`�w LEE ll! i " ,, Dr. _._ AVEIyUF ; sr , 7 04 a r ' D .t; D D 7/ - i r C C D } p, „. SD ,63 ��. D _r 1� R9 0 - �0r -7-#0. 4 :,: , _ _ _ tA, Lake Joyce , _— r R 0 _-__ I�' R10 'Zoning with Conditions/Proffers,Open Space Promotion 4481 Lee Avenue SO=Shore Drive Overlay ZONING HISTORY # DATE REQUEST ACTION 1 09/09/2003 Subdivision Variance Approved 2 05/06/1985 Subdivision Variance Denied 12/17/1984 Change of Zoning (R-5 to R-8) Approved 3 04/19/1982 Subdivision Variance Approved 4 08/11/1980 Street Closure Denied 03/11/1969 Street Closure Withdrawn 5 07/12/1971 Change of Zoning (RS-4 to RM) Denied LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 13 ° . APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership,firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other ' unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) er%490741: ;1.4tliMtg `SSA ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 &2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No)( f yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 14 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services,financial services, accounting services, and legal services: (Attach list if necessary) (2e4)76-4 fwertt6s 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 1 power of another corporation." See State and Local Government Conflict of Interests Act,Va. I Code§2.2-3101. i 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 I owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 1 • / CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification(postcard)that the application has been scheduled for D public hearing, I am responsible for obtaining and posting the required sign on the subject property at 10 least 30 days prior to the scheduled public hearing according to the instructions in this package.The undersigned also consents to entry upon the subject property by employees of the Department of t Planning to photograph and view the site for purposes of processing and evaluating this application. g 51 git L -- XL.C , y 4 M L o„ pplicant's Signature Print Name Property Owner's Signature(if different than applicant) Print Name ri so DISCLOSURE STATEMENT LEONARD M. LYON MAY 5, 2015 CITY COUNCIL HEARING Page 15 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT 2 AND RELOCATION OF A NONCONFORMING USE ON 3 PROPERTY LOCATED AT 4481 LEE AVENUE 4 5 WHEREAS, Leonard M. Lyon, (hereinafter the "Applicant") has made application 6 to the City Council for authorization to enlarge and relocate a nonconforming use 7 located at 4481 Lee Avenue in the R-10 Residential Zoning District by constructing 8 additions to two nonconforming single-family dwellings and relocating one of the single- 9 family dwellings to a new position on the lot; and 10 11 WHEREAS, this lot currently contains two single-family dwellings, which is not 12 currently allowed in the R-10 Residential Zoning District; and 13 14 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning 15 regulations and are therefore nonconforming; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 enlargement and relocation of a nonconforming use is unlawful in the absence of a 19 resolution of the City Council authorizing such action upon a finding that the proposed 20 use, as enlarged and relocated, will be equally appropriate or more appropriate to the 21 zoning district than is the existing use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed use of the lot, as enlarged 27 and relocated, will be equally appropriate to the district as is the existing nonconforming 28 use under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the enlargement and relocation of the nonconforming use is hereby 34 authorized, upon the following conditions: 35 36 1. Except as modified by any other condition of this approval or as necessary to 37 comply with applicable City development ordinances and standards, the site shall 38 be developed in substantial conformance with the submitted Site Plan, entitled, 39 "SURVEY/PLAN SHOWING PROPOSED BUILDING ADDITIONS AND 40 RELOCATING BUILDING ON LOT 8A, RESUBDIVISION OF LOT 3 AND 8, 41 BLOCK 4, AMENDED MAP CHESAPEAKE SHORES AND ADJACENT 30 42 FOOT ROADWAY (CLOSED AUGUST 14, 1961) FOR LENNY LYON AND 43 CARRIE LYON, VIRIGNIA BEACH, VIRGINIA", dated October 16, 2014, and 44 prepared by John E. Sirine and Associates, Ltd. Said Plan has been exhibited to 45 the City Council and is on file in the City of Virginia Beach Planning Departments. 46 47 2. Except as modified by any other condition of this approval or as necessary to 48 comply with applicable City development ordinances and standards, the building 49 additions shall be constructed in substantial conformance with the submitted 50 drawings entitled, "PERSPECTIVE DRAWING-PRIMARY DWELLING UNIT" and 51 "PERSPECTIVE DRAWING-SECONDARY DWELLING UNIT." 52 53 3. The materials and finishes used to construct the proposed additions shall match 54 the existing structures in quality, style, and color. 55 56 4. The existing 10.2-foot by 16.2-foot shed located on the site shall be relocated to 57 meet all applicable setback requirements for an accessory structure in the R-10 58 Residential District. 59 60 5. Both the Primary Dwelling and Secondary Dwelling, as identified on the 61 submitted site plan, shall be for single-family use only. An interior stairway shall 62 be provided in the Secondary Dwelling to provide interior connection between the 63 ground floor and the upper floor. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY: A r f, .‘411 A lA kJAL.JAL .i� Planning e.partment ` City Attorney's Office CA13263 R-1 January 23, 2015 2 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of City Council City of Virginia Beach April 13, 2015 Re: Application of Atlantic Development Associates LLC for a Variance to Section 4.4b of the Subdivision Ordinance on a 13,500 square foot parcel located at 407—53rd Street, GPIN No: 2419 -79 -1490-0000,Lynnhaven District. The North Virginia Beach Civic League's(NVBCL)Zoning Review Committee(ZRC)has reviewed the merits of this application and supports the request with the following response: The NVBCL ZRC reviewed the request with the applicants land surveyor. The proposed project was warmly received as an opportunity for single family redevelopment versus a larger duplex option. We support the application as presented. Members of the North Virginia Beach Civic League's Zoning Review Committee: Billy Almond 209 - 70th Street (abstaining) Willy Fluharty 303 —49th Street Mary Lee Harris 216—55th Street Dave&Mickey Jester 200 -63rd Street Duff Kliewer 205 —77th Street Jo Anne Moore 300 - 55th Street Ron Pearson 6204 Ocean Front Martin Waranch 111 -66th Street Holli Wachtmeister 209—43rd Street. Gerrie West 217 - 75th Street Hobi Whittemore 311-48th Street 1 .411711 • - __ te31 _ 114•111Mi gm • MI 11.110°- -midillE1211■11111 ---- ��10.4 _ III -r • it _ t i1��s • I in ---- 11111Egla IIIE:BMIMIIIa C A b. •poi I-r -� 1..__ _ tal 11111111WOMPIIIMEL —r) -/ ti —,.--, t ti _ It,+..— - — COOP) P __,/ ,-- "MEM i I iiiiirmamigA ..---- _----\-- - — -;C°:)----. .----t="--- ---------- IA.--- ------- I _ 110..E IIIIWi _ E - wwsourimnmauemmPP -------- I - —mail*.�\��\\`c,••- 1 '` I - MEN ig VA JS -- _ _=y��kvii ii Kele-`_� 17) - = J t ' _ I---,a. '.. ,r Cci- 7*�®��l' ____-.,:f-- – - �_ t- g::::) coo „.___[>-- mini Allin ,, iipmpa'w -ma • ----- % . - , s � •_ Q --'i-1- — _ _ 04 NM MI 1 1111MIIIL Ine Z ik --� WI1 UM 1 Q `ro r c v� / ) f r _� o vJ . g , ...s Z �- 7— — i i 1Z __ta. ...-- an , _ C� _L .8 •... , ' c [ -'461%„ "zr.. - 73,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC (Applicant) / CAROLYN D. & WILLIAM D. WOOD (Owner), Variance to the Subdivision Regulations, 407 53rd Street (GPIN 2418791490). COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: May 5, 2015 • Background: The existing lot contains 13,500 square feet and has a lot width of 100 feet. It is the intent of the applicant to subdivide the lot into two lots, each 50 feet in width and 6,750 square feet in area. The site is zoned R-5R Residential. • Considerations: Proposed Lot J-2 will be a corner lot. The Subdivision Ordinance, Section 4.4 (c)(1) requires new corner lots to be ten feet wider than the minimum required by the Zoning Ordinance for interior lots in the district. The lot as shown on the submitted plat has a width of 50 feet, and since the lot is a corner lot, the width should be 60 feet. Accordingly, the applicant is requesting a variance to the corner lot width requirement, allowing the width to be 50 feet instead of 60 feet, as required. The second lot being created, Lot J-1, meets all requirements of the Zoning Ordinance. Further details pertaining to this proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. Each lot (J-1 and J-2) shall be developed only for single-family dwellings. 2. The houses to be constructed on the lots shall substantially adhere to the submitted architectural renderings, entitled "ARCHITECTURAL RENDERINGS OF PROPOSED HOUSES FOR LOTS J-1 AND J-2, 407 ATLANTIC DEVELOPMENT Page 2 of 2 53RD STREET, APRIL 2015," which are included in the staff report on page 9. 3. The property shall be subdivided substantially as shown on the submitted site plan entitled, "IMPROVEMENT PLAN v2," as prepared by WPL and dated 10/282015. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department W City Manager: � LYNNHAVEN ��'Roms,. Atlantic Development Associates, L.L.C. 4 �� 1 R5R i'1.,, .'' % lir -ii, i , -a, il , 'or April 8, 2014 Public Hearing fi5ii--w w 1 ‘, ' „ 1 t, APPLICANT AND 1 r� '� ØMVV0} , I'll� UY.�D `�, ( PROPERTY OWNER: j ;} , �. it '', {i 4! +-_ ,/ ',', i A�, ;� ATLANTIC i ,n ' •ft. DEVELOPMENT ifs , �, 111,, i,twi .. ASSOCIATES, i i�� 1 1;'",1 HI RSR �, 1, OtTk '1 t I � :1: � L.L.C. -!--..1._ ', �.,`.;1, , . , G' , i'! it ,` , , . u . 1:, i. •,.....Condif am Pmflon oc..S....P..-s... Subdivision Variance STAFF PLANNER: Kristine Gay REQUEST: Variance to Section 4.4(c)(1)of the Subdivision Regulations, which requires that corner lots shall be platted no less than ten(10)feet wider than the minimum required by the Zoning Ordinance for interior lots in the district. ADDRESS/DESCRIPTION: Property located at 407 53f( Street. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24187914900000 LYNNHAVEN 13,500 square feet 65-70 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot contains 13,500 square feet and has a lot width of 100 feet. Proposed Lots: It is the intent of the applicant to subdivide an existing lot into two lots, each 50-feet in width and 6,750 square feet in area. Proposed Lot J-2 will be a corner lot. The Subdivision Ordinance, Section 4.4(c)(1) requires new corner lots to be plated 10 feet wider than the minimum required by the Zoning Ordinance for interior lots in the district. A subdivision variance is required because Lot J-2 is proposed with a lot width of 50 feet, rather than 60 feet as required. Lot J-1 meets all requirements of the Zoning Ordinance. The table below compares the relevant dimensional requirements of the R-5R Residential District with those proposed for the new lots. If a lot does not meet a requirement, it is shaded in the table. Approval and recordation of the proposed subdivision is dependent on the granting of a variance to the requirement that is not met. ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item 4 Page 1 Required Lot J-1 Lot J-2 Lot Width in feet for corner lots 60 --- 50 Lot Width in feet for interior lots 50 50 --- Lot Area in square feet 5,000 6,750 6,750 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: A single-family dwelling occupies the site. SURROUNDING LAND North: • Single-family dwellings/ R-5R Resort Residential USE AND ZONING: South: • Wachovia Bank/B-2 Community Business District East: • Hannah Lane(Vegetated Paper Street) • Single-family dwellings/ R-5R Resort Residential West: • Single-family dwellings/ R-5R Resort Residential NATURAL RESOURCE AND There do not appear to be any significant cultural or environmental CULTURAL FEATURES: features located on site. COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this site as being within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,and aesthetic quality of stable neighborhoods.Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment,whether residential or non-residential, either maintain or enhance the overall area(pp.3-1 to 3-3). • IMPACT ON CITY SERVICES WATER: This site currently connects to City water. The existing 5/8-inch meters (City ID 95049302)can be used or upgraded to accommodate the proposed development. SEWER: The site currently connects to City sewer.Analysis of Pump Station 102 and the sewer collection system is required to ensure future flows can be accommodated. 4 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item 4 Page 2 A. Strict application of the ordinance would produce undue hardship. 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. 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. 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. 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. • 0 EVALUATION AND RECOMMENDATION Proposed Lot J-2 is unique since it is adjacent to Hannah Lane, which is unimproved at this location. The 50-foot wide corner lot will not appear to be substandard because of the open space provided by the unimproved right-of-way. The City has no plans to improve Hannah Lane. In addition, both of the proposed lots will be 6,750 square feet in area, which significantly exceeds the minimum single-family lot area requirement of 5,000 square feet for the R-5R District. The applicant has submitted architectural renderings of the houses to be constructed on the proposed lots. The renderings show that the dwellings will incorporate quality materials, and coastal architectural features. Additionally, the dwellings are designed with either a side-loaded or recessed single-car garage. These characteristics will protect and improve the character and aesthetic quality of the neighborhood. Subdividing this lot and constructing two single-family dwellings, as proposed, appears to be more appropriate to the neighborhood than building a duplex on the existing lot. Staff recommends approval of this Subdivision Variance subject to the conditions listed below. • CONDITIONS 1. Each lot(J-1 and J-2) shall be developed only for single-family dwellings. 2. The houses to be constructed on the lots shall substantially adhere to the submitted architectural renderings, entitled "ARCHITECTURAL RENDERINGS OF PROPOSED HOUSES FOR LOTS J- 1 AND J-2, 407 53RD STREET, APRIL 2015,"which are included in the staff report on page 9. 3. The property shall be subdivided substantially as shown on the submitted site plan entitled, "IMPROVEMENT PLAN v2," as prepared by WPL and dated 10/282015. ATLANTIC DEVELOPMENT ASSOCIATE LLC ✓ Agend , Item 4 `Page 3 NOTE:Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. ATLANTIC DEVELOPMENT ASSOCIATE LLC";, : Agen Item 4 Page 4 , I IIi i 11 AN i ;',N 0 =:4 i N ANN AN N •4 -----"-s `4 p r -a ,t_, i' cn , `if __ 2 U J- t ..I1F 1 .. - lisii,...:•- •- — 4114 if? 1-1 41 - - �►�. • i . x.. l or - r 34b►� _! �0� 8 a .t.. . AERIAL OF SITE LOCATION ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item 4 Page 5 11. I 1 SITE t i•,. UNIMPROVED RIGHT-OF-WAY OF HANNAH LANE ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item 4 Page 6 • .t_r ' J W.I T INN t`IIOMwt 4S50 CMRS.LLC W 04 ( W • MrlgmllW `' NCLENTDATAxax�uSrNc 10.43k.Amt i WW1 fyy�-1FatI amTK -MC I .V1 HIF.-ISA v IPACK*Km,23452 I I MC m...ne.l.o.n../..1 cam ,04. 1 uir°4°) • °ur.c N N'J.7.[ 11:400' CM PUN u �I - ■ • • it ■ ■ ■ 111..r COUARurrt 242 Yy5,400C two.Amt. O -_-_--MA . - V • I MCI( 11 ex 1144C.I.-.0014 23452 k• Mt 1111111I 757) 041 Mw ... (151)443-1412 . .r .r .. . ri. LOT-J ��is . •, no ,... 41) tr 41 Ina • >0 . I hi' 13.11 C; %// } 411 :. I . IV IIIIIII W_ .tet .r.r� i" W-1 p b Q�2411' 4 k": Amali91� ,0: e e ■ P'-pa,mkt IM IW 0.« 0. . 00,MIR lam v r. gr .t 4( of c ssss. , aY .1 t, y • .rr 1 L 1 J O L l' .8.. or .* I ..� wt.t .00 °1 00 4 e\q\ s\ . • /0..1 Wet. t '` 4. S NJ7J. I WAX .'i -'11OMMI me 40, Y om.., \*.---TW--' ' . t , �.4rm man wr`. I. 04 Kam e. ..r.. am WY.sM -._____ . 1� YII! / ' a MAO 0.0.1k~• nC A STREET . I a..,4 o r�`'■m wawa GI • PLOT DATE• JANUARY 28.2016 PLAN SURVEY OF EXISTING SITE ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item 4 Page 7 As+lINSIP PILS I I I LP 64 0 Olt Paan fl t►xaa.n/00WC a xerristimax lit lown 4 tn.34 is'1-.s. I 071 t.a•n-ee 1....-aR.03.w 1 S.WS Oki. Ve SIM a.t et NX�� I Mar t s.r rww t ........_...—-• —.- _slit--__.--r- Vteler _142 Than_ , _Jams_ R . Km +w_a.e nr— vat �=.rIPI a O .r , ., r. K 1 I 't ~SWr'0 mom "'i �� II>ry r M .a•Mr.+..e r.✓�...w [:;i .,..,...y.,,t tom. iiirt... ' ., M.+Mt 'l4 vas t 1i ot'„ it: • ► 1 . . i .- t 0 y MOlt[ A • iii 74 1 „inejii: I t*OR • J .p1 MOM 1+060061, M. 4i. I ``! \RIMMEI .- —fi_r 111.—.. k -- -_-- -74 - - ----- ----.---- - ----- et 116 KW* OR t lea • /y�[l-11.1.*WO. ., NOM. `� ra. . .4 ---_ 6ld Orts ie x+ STREET tw o l r6r-+*SWIM .:813:1 NW NO PROPOSED SUBDIVISION (Condition #3) 4-c'1 IA'BEA .x.11 ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. -;; , Agenda Item 4 Page 8 L 2 011 1,0tON..14 ARCHITECTURAL RENDERINGS OF PROPOSED HOUSES FOR LOTS J-1 AND J-2,407 53f'D STREET,APRIL 2015 Ad& 4(er 44- ' ,' -- (1111411 -11 - ,,- i• s I a '• <h w a 1t !! ! :,, ,,, „„r,, 7 .r ,„„,.................^,v ., ` {t 0 „� � } ill n ..7,. -, fir+ r OUR IIllhIH RENDERINGS (Condition #2) ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item 4 Page 9 LYNNHAVEN Map LO$Cale Atlantic Development Associates, L.L.C. , '-2, ri- ---i '' U ''e-- : Or ' ll ' 1:;,_- ' ,-.:,41011111iiiii _J.: il Ij 1 III 111 111110/11, . Ail tim f i ' I 1111111 11111 ( till li ' , 11 -: 4 It ep 'A ► 1111111i,i,.i III po ti 1 - k I i 1 101 s ` % 1110101 I I V441 11111110:0161 1 I 101 1111Tt lit 6 I - I ' , i 1 ,„„,1„.„0.\\ ... -__:! AR 1,011 6 i i fl lot Ill 1 : iii 7, 1 il f c' , "I 1 L N iii - of 1 1 1 I Ii3 0 0011,1 I i M, i , 111; .' `i. 'Zoning with Conditions4'rollers,Open Space Promotion Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 03/14/2006 Subdivision Variance Approved 2 03/22/2011 Subdivision Variance Approved ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item 4 Page 10 11 DISCLOSURE STATEMENT APPUCANT DISCLOSURE If the applicant is a corporation, partnership,form, business, or other unincorporated organization,complete the following: 1. List the applicant name followed by the names of all officers. members,trustees, partners,etc. below: (Attach list if necessary) Atlantic Development Associates, LLC:Brian C. Large. Manager 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership,firm,business,or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm,business,or other unincorporated organization,complete the following: 1. List the property owner name followed by the names of all officers,members, trustees,partners,etc. below: (Attach list if necessary) Carolyn D. & William D.Wood 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant: (Attach list if necessary) k1 Check here if the property owner is NOT a corporation, partnership, firm, business.or other unincorporated organization. a'see next page for footnotes Does an official or em Ioyee of City of Virginia Beach have an interest in the subject land? Yes I 1 No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT ATLANTIC DEVELOPMENT ASSOCIATE LL C r;;'4 Agen Item 4 --age 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) WPL Sykes. Bourdon, Ahem& Levy, P.C. ' '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. o '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. (I)a controlling owner in one entity is also a controlling owner in the other entity.or(Ili)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3103. CERTIFICATION: t certify that the information contained herein is true and accurate. I understand that,upon receipt of notification(postcard)that the application has been scheduled for public hesrmg. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes or processing and evaluating this appcabon. Brian C. Large _.Applicants_ ure" Print Name Property Owner's Signature(if different than applicant) Print Name DISCLOSURE STATEMENT ATLANTIC DEVELOPMENT ASSOCIATE'S, L.L C , Agenda Item 4 =page 12 Item #4 Atlantic Development Associates, L.L.C. Subdivision Variance 407 53rd Street District 5 Lynnhaven April 8, 2015 CONSENT An application of Atlantic Development Associates, L.L.C. for a Variance to Section 4.4(c)(1) of the Subdivision Regulations, which requires that corner lots shall be platted no less than ten (10) feet wider than the minimum required by the Zoning Ordinance for interior lots in the district, on property located at 407 53rd Street, District 5, Lynnhaven. GPIN: 24187914900000. CONDITIONS 1. Each lot (J-1 and J-2) shall be developed only for single-family dwellings. 2. The houses to be constructed on the lots shall substantially adhere to the submitted architectural renderings, entitled "ARCHITECTURAL RENDERINGS OF PROPOSED HOUSES FOR LOTS J-1 AND J-2, 407 53RD STREET, APRIL 2015," which are included in the staff report on page 9. 3. The property shall be subdivided substantially as shown on the submitted site plan entitled, "IMPROVEMENT PLAN v2," as prepared by WPL and dated 10/28/2015. A motion was made by Commissioner Rucinski and seconded by Commissioner Ripley to approve item 4. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO ABSENT THORNTON AYE WALL AYE WEINER AYE Item#4 Atlantic Development Associates, L.L.C. Page 2 By a vote of 9-0,the Commission has approved item 4 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. B SYKES. BOURDON, AHERN&LEVI P.C. The Honorable Mayor William D.Sessoms,Jr. Vice Mayor Louis it.Jones Members of City Council April 29, 2015 Page 2 With best regards, I am Very trul o rs, R. E•ward Bourdon,Jr. REBjr/arhm cc: Kristine Gay,Department of Planning Jack Whitney,Department of Planning Mr.&Mrs.Thomas R.Eckert Steven Bishard,Bishard Homes,LLC Eric Galvin,Land Planning Solutions Greg Zoby,MSA,P.C. H:\AM\Conditional Rezoning Bishard Homes\4444 Shore Drive_Upper School\Sessoms_Ltr 4-29-15.doc S B SYKES, BOURDON, A LAHERN & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK- BUILDING ONE JON M. AHERN 281 INDEPENDENCE BOULEVARD R. EDWARD BOURDON, JR. FIFTH FLOOR JAMES T. CROMWELL. VIRGINIA BEACH, VIRGINIA 23462-2989 L. STEVEN EMMERT ANGELINA S. LEE TELEPHONE' 757-499-8971 KIRK B. LEVY FACSIMILE: 757-456-5445 MICHAEL J. LEVY* April 29, 2015 HOWARD R. SYKES, JR. LEONARD C. TENGCO 'Admitted in Virginia and Washington DC Via Email&Hand Delivery The Honorable Mayor William D. Sessoms,Jr. Vice Mayor Louis R.Jones Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Applications of Thomas R. and Joan G. Eckert and Bishard Homes, LLC (a) for Conditional Rezoning from R-7.5 Residential District to Conditional B-1A Limited Community Business District (0.781 acre parcel) to be created on Shore Drive; and (b) Conditional Rezoning from R-7.5 Residential District to Conditional PDH-2 with an underlying R-5D on a 6.512 acre parcel located at 4444 Shore Drive,Bayside District City Council public hearing date: May 5, 2015; Request for a Deferral to City Council's public hearing on Tuesday,June 2,2015 Dear Mayor Sessoms,Vice Mayor Jones and Members of City Council: On behalf of Mr. and Mrs. Eckert as well as Bishard Homes, I am formally requesting that the afore referenced rezoning applications be deferred from the May 5, 2015 City Council public hearing to the City Council's public hearing on Tuesday, June 2, 2015. The applicants are continuing to engage in dialogue with the Baylake Pines Civic League and an adjoining property owner with respect to the applications. My clients have been actively engaged in discussions with all interested parties in this area of the Shore Drive Corridor and will make every reasonable effort to advise all interested parties in advance of the requested deferral. Thank you in advance for your consideration and hopefully, your granting of this request. Virginia Beach City Council April 27, 2015 page 2 new residential lots could be designed with their road frontage on Shore Drive, and thus their only access onto a public street would be onto the busy thoroughfare. With lots as small as 7,500 square feet, and lot widths as narrow as 75 feet, it is reasonable to expect that the residents' cars would be backing down driveways into the traffic of Shore Drive. Most of the existing single-family homes which front directly onto Shore Drive in our Baylake Pines neighborhood have lot widths to accommodate circular driveways or other geometric characteristics, allowing the residents to drive forward upon entering onto Shore Drive. The Planning Staff and a majority of the Planning Commission realized that, for these and other factors, a private, single-family condominium development, with private utilities and other infrastructure, and configured without direct, individual access to Shore Drive, was a better alternative than a by-right residential subdivision. The willingness of the developer to proffer a thoughtfully considered plan, with a responsible treatment of infrastructure, open space, community enhancements, architectural elements, and traffic flow, should not be ignored. I believe the benefits of the layout and other characteristics of the proposed project, even if the density were slightly increased over a by-right project, are more attractive than the prospect of a potential developer blindly conforming to the R-7.5 zoning regulations. I agree with the Planning Staff and the majority of the Planning Commission that the concept plan proffered by the developers will result in a better product, with essentially the same density, than what could be developed by-right under the existing zoning regulations. I hope you will as well. If you need any more information, please let me know. Sincerely yours, tY(7/1Wig--- Brad Martin BRAD MARTIN April 27, 2015 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, Virginia 23456 Dear Sir / Madam - As both a nearby neighbor in Baylake Pines and as a Civil Engineer, I am writing to support the proposed redevelopment of the Baylake Pines School campus which was recommended for approval at the Planning Commission's April 8 meeting. The school has closed; it appears obvious that a re-purposing of the property is imminent. The property is currently zoned R-7.5 Residential and could be developed "by-right" as a single-family residential community with no public hearing procedure. Employees of Martin Engineering were previously asked, several years ago and by another developer, to plan a by-right development on the property, and it was a simple exercise to program 28 conforming residential lots on the 8-acre parcel. It is reasonable to expect that 30 or 31 residential lots are possible under the current zoning. The Baylake Pines Civic League advertised a meeting with the Developer on February 23 to discuss this project and another one, a short way to the east on Shore Drive, and there was neither a vote nor an obvious consensus on this project at that meeting. I believe the results of this meeting were inaccurately reported in the neighborhood's March newsletter; the Civic League President has confirmed to me that the stance of neighborhood opposition to the project is inaccurate. I reported what I witnessed - an indecisive result of the Civic League Meeting - to the Shore Drive Community Coalition at their meeting on March 30. The challenges with a by-right residential development of 28 or 31 homes are several. With city streets and city utilities, the maintenance and upkeep of public infrastructure would become the responsibility of Public Works. Services like trash collection would require City funding. But perhaps most problematic, up to 6 of the 2305 Bayville Road Virginia Beach , Virginia 23455 .-o`' s}h 7 .; Z 12� cI``.I jr'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS R. & JOAN G. ECKERT (Applicant & Owner), Conditional Change of Zoning (R-7.5 Residential to Conditional PD-H2 Planned Development [R-5D Residential] & Conditional B-1A Business), 4444 Shore Drive (GPIN 1479774911), COUNCIL DISTRICT— BAYSIDE. MEETING DATE: May 5, 2015 • Background: The applicant proposes to develop the subject site with 31 detached houses and a medical office building. The site is zoned for residential use; however, the layout, density, and type of residential use proposed by the applicant are not allowed by the existing zoning. Thus, the applicant is requesting a Conditional Change of Zoning from R-7.5 Residential District to PD-H2 Planned Unit Development District, using the R-5D Residential District as the base zoning. The applicant also proposes to rezone 31,799 square feet at the southwestern corner of the site to Conditional B-1A Limited Community Business District. A narrow sliver of the site (23,958 square feet) adjacent to Lake Joyce at the far northwestern portion is not included as part of these applications. • Considerations: The applicant submitted a letter, dated April 29, 2015, addressed to the Mayor, Vice Mayor, and the Members of the City Council, requesting a deferral of these applications to City Council's June 2, 2015 meeting. The applicant's reason for the request is to allow the applicant to "[continue] to engage in dialogue with the Baylake Pines Civic League and an adjoining property owner with respect to the applications." is Recommendations: Allow deferral of the applications to City Council's June 2 meeting. • Attachments: Applicant's letter requesting deferral to June 2 Location Map Recommended Action: Deferral to June 2, 2015 meeting Submitting Department/Agency: Planning Departme 4fjl City Manager..(1 )c,vv,,,sic ()%41, B SYKES, I OURDON, A L AHERN & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK-BUILDING ONE JON M. AHERN 281 INDEPENDENCE BOULEVARD R. EDWARD BOURDON, JR. FIFTH FLOOR JAMES T. CROMWELL VIRGINIA BEACH, VIRGINIA 23462-2989 L. STEVEN EMMERT ANGELINA S. LEE TELEPHONE' 757-499-8971 KIRK B. LEVY FACSIMILE: 757-456-5445 April 29, 2015 MICHAEL J. LEVY* HOWARD R. SYKES, JR. LEONARD C. TENGCO 'Admitted M Virginia and Washington DC Via Email&Hand Deliver The Honorable Mayor William D. Sessoms,Jr. Vice Mayor Louis R.Jones Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Applications of Thomas R. and Joan G. Eckert and Bishard Homes, LLC (a) for Conditional Rezoning from R-7.5 Residential District to Conditional B-IA Limited Community Business District (0.781 acre parcel) to be created on Shore Drive; and (b) Conditional Rezoning from R-7.5 Residential District to Conditional PDH-2 with an underlying R-5D on a 6.512 acre parcel located at 4444 Shore Drive,Bayside District City Council public hearing date: May 5, 2015; Request for a Deferral to City Council's public hearing on Tuesday,June 2,2015 Dear Mayor Sessoms,Vice Mayor Jones and Members of City Council: On behalf of Mr. and Mrs. Eckert as well as Bishard Homes, I am formally requesting that the afore referenced rezoning applications be deferred from the May 5, 2015 City Council public hearing to the City Council's public hearing on Tuesday, June 2, 2015. The applicants are continuing to engage in dialogue with the Baylake Pines Civic League and an adjoining property owner with respect to the applications. My clients have been actively engaged in discussions with all interested parties in this area of the Shore Drive Corridor and will make every reasonable effort to advise all interested parties in advance of the requested deferral. Thank you in advance for your consideration and hopefully, your granting of this request. II SYKES. $OURDON. iv I AHERN&LEVY.P.C. The Honorable Mayor William D.Sessoms,Jr. Vice Mayor Louis R.Jones Members of City Council April 29,2015 Page 2 With best regards, I am Very trul •urs, ,r/ Nukt R. •ward Bourdon,Jr. REBjr/arhm cc: Kristine Gay,Department of Planning Jack Whitney,Department of Planning Mr.&Mrs.Thomas R.Eckert Steven Bishard,Bishard Homes,LLC Eric Galvin,Land Planning Solutions Greg Zoby,MSA,P.C. H:\AM\Conditional Rezoning Bishard Homes\4444 Shore Drive_Upper School\Sessoms_Ltr 4-29-15.doc iii"-ai a''..';',\..----'' . i .....,-- - % ‘'I t•- -: --1.' '- ‘\, C3 - ' \ F CX J wallv i c----------s- \ a) 11: IP._'-.V1tIC4o ' 1y 7151 I _c 4 c. o . "fir: az.tti,,:-.-.-.., -1, r,_„ rte' t4.. _ - r5 ;-. , z ' , . 0 I 1c5c.,..: = , ,„ ‘,,_ ,-.,„ f_._,-- - 03, \\ \ \',. __J • .U.,...? (1, ,' (9 ' Lr 1 . 1 II low l y iy 'i r Q i...5 \ 444 -7 c . ... - '...c ''', _61-•-•.• . C) --c-- tots S."- ‘,4\,‘,,,, ,1,_7,.. 13 \ \ t: \"P--. * 1111110 \'\\ii\ r, * , _ ,z, -011 44 __7,_ I. Lz. ei v kb 1-711% 1 •••,. \ x .___ ekt \, ,,, V ci:i -% ` , , , �5 14, , i v‘t-i-Jr. 'i,, ii, =r \,„, ____----i ii,,,__,0, i ..,)( A 01 st: • - .%* ' ).. ,_, ,•, , '' \\ O _.,-,1- CI -1-, • WI ' -,-- ril;---1 , \._.10.__ViL- -,. \',, E L } �tiN a Lj j • a. o y -, ii-27.70. rt__- Nim" I--; , • c , . , __ 2 In L ' CO �== r?, r .�' C44. Sy' C /,� �p Li ri �� i CD i ‘,0 Cf),_ la, L. ' j--,LA c---, 1I t, \ '-'11-1:1 W a rLL-I . i,-_- -__ � ` r------1_� En l" \MA 1>>t E. .,;0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AARON HOLLEY (Applicant) / CONTE ACQUISITIONS (Owner), Conditional Use Permit (Craft Brewery), 1805 Laskin Road, Suite 102 (GPIN 2407683131). COUNCIL DISTRICT— BEACH. MEETING DATE: May 5, 2015 • Background: The applicant requests a Conditional Use Permit to operate a Craft Brewery within an existing commercial building on Laskin Road. The site is zoned B-2 Community Business, and is developed with an existing commercial building. The craft brewery will be located in a unit of the building that was previously occupied by a restaurant. Other occupants of the building include a bicycle sales and repair business and a dentist's office. • Considerations: All development proposed with this application will consist of interior alterations to accommodate the brewery use. The submitted floor plan shows that the 3,427 square foot space will contain a production area with an adjoining tasting room. Beverages will be available for on-site consumption. The tasting room includes 70 seats, with a bar and several tables. The applicant has stated the intention of hosting special events throughout the year, such as Oktoberfest. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. Bicycle racks shall be added directly adjacent to the building suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate at a minimum of 10 bicycles. 2. Any on-site signage for the brewery shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. AARON HOLLEY Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department R City Manager: k BEACH N laKba-� Aaron Holley B2 7 April 8, 2015 Public Hearing i , i 1 Pt ,_ sz v APPLICANT: r\5‘ r B2 AARON HOLLEY RpA° B2 62\ 1,014IN, B2 los\ PROPERTY OWNER: --20:1 '\'' - >75 dB l do yCONTE > 1 '`''' �� ACQUISITIONS, •zonaro WO CaMbmPallen open Space P�wan CUP Craft Brewery LLC _ STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Craft Brewery) ADDRESS/DESCRIPTION: 1805 Laskin Road, Suite 102 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24076831310000 BEACH 1.24 acres Greater than 75 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background: The applicant requests a Conditional Use Permit to operate a Craft Brewery within an existing commercial building on Laskin Road. On October 7, 2014, the City Council approved an amendment to the City Zoning Ordinance allowing Craft Breweries as a conditional use in the B-2 Community Business and I-1 Light Industrial Zoning Districts. Section 111 of the Zoning Ordinance defines this use as follows: A facility, other than a farm brewery, that produces and distributes beer or other fermented malt beverages in quantities not exceeding fifteen thousand barrels(15,000 BBL)per year at which beer, ale, or other fermented beverages are served to customers for on-premises consumption and at which meals are not served. The Zoning Ordinance distinguishes a Beverage Manufacturing Shop, which also produces 'beer or other fermented malt beverages' from Craft Breweries by the allowance of on-premises consumption, as well as a restriction on the annual production volume. AARON HOLLEY Agenda Item 1 Page 1 Details: The applicant started this brewery with the aspirations to"bring the German beer culture to Virginia Beach in the best way . . . by brewing the highest quality ales, lagers, and meads, and providing the environment to enjoy them with family, friends, and strangers." The commercial building where the craft brewery will be located was previously occupied by a restaurant. Other occupants of the building include a bicycle sales and repair business and a dentist's office.All development proposed with this application will consist of interior alterations to accommodate the brewery use. The submitted floor plan shows that the 3,427 square foot space will contain a production area with an adjoining tasting room. Beverages will be available for on-site consumption. The tasting room includes 70 seats, with a bar and several tables. The applicant has stated the intention of hosting special events throughout the year, such as Oktoberfest. Per the requirements of Section 230 of the Zoning Ordinance, which provides the specific standards for Craft Breweries, amplified music is only permitted indoors, and the doors must remain closed at such times. The brewery plans to employ three people, and the typical hours of operation will be as follows: Monday and Tuesday: Closed Wednesday and Thursday: 4 p.m. to 9 p.m. Friday 3 p.m. to 11 p.m. Saturday: 12 p.m. to 11 p.m. Sunday: 12 p.m. to 10 p.m. The building is located on the western portion of the site, with the parking lot and vehicle circulation on the eastern and rear portions. Vehicular access to the site is from an existing curb cut located on the Laskin Road service road. The parking area accommodates 84 spaces. There is an existing walkway that provides pedestrian access from the Laskin Road right-of-way to the front of the building. The walkway extends along the side of the building beneath an overhang. Substantial bicycle parking is provided at the front of the site adjacent to the bicycle sales and repair business; however, the applicant desires to install additional bicycle parking at the rear of the site in close proximity to the proposed brewery. There are no changes proposed to the exterior of the building with the exception of new signage. The applicant proposes to install a new building sign over the entrance to the brewery. Additionally, the name of the brewery will be added to the existing free-standing sign. A majority of the front and east side of the building is consists of standard glass storefront panels. A canopy that extends from the building at the entrance to the brewery will remain. The site contains substantial mature landscaping, including landscape beds between the building and Laskin Road as well as surrounding the free-standing sign. There are no changes or additional landscaping proposed with this application. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial and Office Use SURROUNDING LAND North: • Laskin Road USE AND ZONING: • Retail use(grocery)/ B-2 Community Business District South: • Office use/B-2 Community Business District AARON HO14.EY :Agenda It 1 gtr Page 2 East: • Office use(veterinary medicine) /B-2 Community Business District West: • Office use(physical therapy)/B-2 Community Business District NATURAL RESOURCE AND The site is located in the Chesapeake Bay Watershed. There do not CULTURAL FEATURES: appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: This subject site is located in the Hilltop Strategic Growth Area(SGA)as identified by the 2009 Comprehensive Plan and the Hilltop SGA Master Plan, adopted August 28, 2012. The Plan's vision is to transform this area into"a convenient, regional retail destination within close proximity to the beach" (p. 13). For the subject site, the Plan calls for non-residential mixed use: "a mixture of retail, office, and other non-residential uses" (p. 39). 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road at this location is a four-lane divided major urban arterial. In addition to the existing four-lane section of road, there is one two-lane local access service road parallel to the mainline portion of the roadway on the south side of Laskin Road. The existing right-of-way is 180 feet in width. The Master Transportation Plan recommends a six-lane facility within a 165-foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a Level of Service E. There is a Roadway Capital Improvement Program Project programmed for this area. Laskin Road — Phase 1 (CIP 2-156) plans for the construction of an eight-lane divided highway within a 160-foot wide right-of-way from Republic Road to Winwood Drive and a six-lane divided highway with multi-use path and sidewalk within a 150-foot wide right-of-way from Winwood Drive to Oriole Drive. These project limits include the intersection at First Colonial Road and Birdneck Road. Right-of-way acquisition is complete; however, construction will be delayed beyond 2018 due to lack of funding for construction. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use`- 436 ADT Proposed Land Use— 17,300 ADT I(LOS 3"C") The Trip Generation Manual does Laskin Road 29,392 ADT 31,700 ADT I (LOS 3"E") not provide trip generation rates for a'Craft Brewery.'The number of generated trips will likely not significantly differ from a traditional restaurant use Average Daily Trips 2 as defined by sit-down restaurant-3,427 sq.ft. 3 LOS=Level of Service AARON HOLEY Agenda Item 1 Page 3 WATER: The site is connected to City water. There are two 12-inch City water mains and a 36-inch City water transmission main along Laskin Road. There is an 8-inch City water main within an existing 10-foot water easement to the east of the property. The existing 1-inch meter(City ID#95112557) may be used or upgraded to accommodate the proposed development. SEWER: The site is connected to City sewer. There is an 8-inch City sanitary sewer gravity main and a 10-inch City sanitary sewer gravity main along Laskin Road. Pump Station#261 is the receiving pump station for the site. Pretreatment of the wastewater discharge may be necessary due to the type of commercial establishment. 4 0 EVALUATION AND RECOMMENDATION The proposal meets the standards as set forth in Section 230 of the Zoning Ordinance for this use. The use is consistent with the recommendations of the Comprehensive Plan, specifically the long term vision for the Hilltop Strategic Growth Area. Uses such as craft breweries will help attract residents and visitors to the Hilltop SGA, complement the retail uses of the surrounding area. Staff, therefore, recommends approval of this request with the conditions below. 4 • CONDITIONS 1. Bicycle racks shall be added directly adjacent to the building suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate at a minimum of 10 bicycles. 2. Any on-site signage for the brewery shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. NOTE: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 uses allowed by this Use Permit 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. AARON HO„ EY 'Agenda Iin 1 Page 4 z ` , ---- I • 411111.1.111111.."...........7_•- .... L.,,,, - • * . • IS: r I • °� e s ":„."......;7. s a 1 _ . as Di3and321 - -2 '.. r 4 4r, E Q ° ' 154 t t111 Q - VICTOR RD, it • VILLAGE DR •4 t ` i , 11 \ g t• i slam . G MIA , ,-,-;-' : ; _ -.,.,,, 1 -R AERIAL OF SITE LOCATION AARON HOLLEY Agenda Item 1 Page 5 LAWN ROAD - j 1 < MONUMENT SIGN TO ) I I REMAIN j I ? AESTHETIC CONIES _ .Cr«PARCIM ',.AIK ,s �, FAMILY BICYCLES , 8c `"'' '""�' 11 DENTIST AND FITNESS EQUIPMENT ow 3t( WAY .c +.,, _ ,%//// ENTRANCE 4 I t L Chop r ' WASSERHUND ""` f• t BREWING COMPANY PAAC712--A-.? ` (3,427 SQ. FT) 'i°�72 of ki0 [I I q •g" I I ( 1 f / : _ .- - Alt 1«Ano, _ I I Or,0'1RC1�[A QCCTR+( y �/.. , / '_ ANY r I Pore CG. E ale I513 AT PG ASO) r t- -___.-- 1.. __ J 7 _ t ._.._J 7�7J,Z' SITE LAYOUT WASSERHUND BREWING COMPANY MARCH 16, 2015 AARON HOLLEY Agenda Item 1 Page 6 1 w-a AESTHETIC FAMILY DENTIST i CONTE'S BICYCLES AND FITNESS EQUIPMENT • I�I IP,� � n _( L J c". WASSERHUND BREWING COMPANY t 9 u t 11 Ill INTERIOR BUILDING PLAN �1 1A B 4 AARON HOLLEY Agenda Item 1 Page 7 - 1 18'-108 17'-1' 321 sq.ft. , 18' 1 1- , 330 sq. ft. 17'-7 110 ► ► ► ► ► ► WI/1/1,111/W11111/111F 4...NALAIL TVN 32'-10 6' VII•WWW A AI AIL AIL 411.4111 4111.11111111° ‘A.) 111 II 111' _lossmag 1-7-amara 534- INTERIOR INTERIOR LAYOUT WASSERHUND BREWING COMPANY MARCH 16, 2015 AARON HOLLEY Agenda Item 1 Page 8 IIII, ..q 011111111111:73 t J� In ] Z a V • O C9 o ce S N i VIEW FROM LASKIN ROAD AARON HOLLEY Agenda Item 1 Page 9 BEACH Map J-6 Aaron Holley Map Not to Scale J 4 , e r� BZ iL � ��* 7�ilitil, a 1 r y sa 3 of • •'� til�� , - ; B2 , � � "^` �. ` B2 6 - ' RQAQ �{ 1 B2 -... 1. SKIN ��` , ` '',. la ---- V 1 - t'''' \ \ i 9 _.„. "A_ A '\ % \ --__, . -1 4 ft:* '. 1 r .\ \._________________-.._---^ 1 1 , m —--..'' 1 .'`- ` :2 A: ,1 Q, .�.. U, OR mgt.-, %�, ,__, (r---- ,_,..-- 7 . ' I Zoning with Conditions,Prollers,Open Space Promotion CUP Craft Brewery ZONING HISTORY # DATE REQUEST ACTION 1 10/12/2010 Conditional Use Permit(Automobile Service Station) Approved 12/11/1989 Subdivision Variance Denied 2 01/11/2005 Conditional Use Permit(Automobile Repair Garage) Approved 09/10/2002 Conditional Use Permit(Motor Vehicle Sales) Approved 05/12/1998 Conditional Use Permit(Motor Vehicle Rentals) Approved 06/27/1995 Conditional Use Permit(Motor Vehicle Sales and Service) Approved 3 12/10/2002 Conditional Use Permit(Mini-warehouse/Self Storage) Approved 02/08/1987 Conditional Use Permit(Bulk Storage) Approved 4 05/28/2002 Conditional Use Permit(Automobile Service Station) Approved 12/14/1987 Conditional Use Permit(Motor Vehicle Sales) Approved 5 02/23/1999 Change of Zoning (R-10 Residential to Conditional B-2 Business) Approved 6 11/26/1991 Conditional Use Permit (Motor Vehicle Sales) Approved 7 12/15/1986 Change of Zoning (B-2 Business to A-18 Apartment) Approved 02/14/1983 Conditional Use Permit (Amusement Park) Denied AARON HOLLEY Agenda Item 1 Page 10 If APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attadh list if necessary) Aaron Holley Christine Holley 2. List all businesses than have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A I Check here if the applicant is NOT a corporation, partnership, firm, business, or ' other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners,etc. below: (Attach list if necessary) Conte Aquisitions, LLC 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) I I Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. &2 See next page for footnotes Does an official or ern loyee of the City of Virginia Beach have an interest in the subject land? Yes No F If yes,what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT AARON HOLEY Agenda Itn 1 Page 11 i 04 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural 4 services, real estate services,financial services, accounting services, and legal services: (Attach list if necessary) Eric Stanley-Thalhimer 4 Shen Brown- BB&T 1 Kyle Korte-Wolcott Rivers Gates y ' "Parent-subsidiary relationship"means"a relationship that exists when one 4 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. g Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent- subsidiary arentsubsidiary 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 4 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 I business entities share the use of the same offices or employees or otherwise share activities, 41 resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 4 CERTIFICATION: I certify that the information contained herein is true and accurate. P I understand that,upon receipt of notification(postcard)that the application has been scheduled for public hearing,I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package.The ) undersigned also consents to entry upon the subject property by employees of the Department of ( Planning to photograph and view the site for purp• _ -of processing and evaluating this application. �L Aaron Holley I App ant's Sign= itiPrint Name I -�t" .!laN► David Conte Property Owner's Signature(if different than applicant) Print Name DISCLOSURE STATEMENT AARON HOLL.EY Agenda It* a Page 12 Item #1 Aaron Holley Conditional Use Permit 1805 Laskin Road, Suite 102 District 6 Beach April 8, 2015 CONSENT An application of Aaron Holley for a Conditional Use Permit (Craft Brewery) on property located at 1805 Laskin Road, Suite 102, District 6, Beach. GPIN: 24076831310000. CONDITIONS 1. Bicycle racks shall be added directly adjacent to the building suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate at a minimum of 10 bicycles. 2. Any on-site signage for the brewery shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. A motion was made by Commissioner Rucinski and seconded by Commissioner Ripley to approve item 1. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO ABSEN THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0, the Commission approved item 1 by consent. .ir 1/ ____„_.,_, ... , c ., L.:____:„,), ,, __.., , . 4,.....,1. SP, ,,,__ _ ___ ,„. '` ,.,_.,-� Irl 1 : (13 Jtfz =-��J el77 f� r CO( 1vI t ii UNI j I - --r---.._Ci 00 --=t—r) r _.0 '''' / ,,, 5.Ali / : r 1::$ / __ , 44N tL ' -- "' o - -- -_ Q .44 j . ------_:-.:-_-_----____J 0 _____ 4 i ... _ 1+ a - i 41110 ' est tz'N'k,t .:-.7-___________ - L..,-- /7 - _ V * 1-7, ef° . 41°1111A1 ‘"\*k*siko,"' 11, n ',ill, k,_..k,\'''41 - -___,/ 9 ,_ i .___ .. , . , __ ii. fi lit-1 _.. 13.1. S�' 'li yi �r _ 4 v-._ . �i '/ . ` etµrMAM �_ a Ji. L. S �_ cn ' i� 0 W '444 70,4f CI \ 11111111111 d W �t/rte JLD.,, �N r N vo , - ti O _� __ o 00 — \\C-A – –} u° n LE vg S f - GA c: • -.-1---------: .1 a _____...„ 1 ✓ 1 1 1 ft :11, i:�s , [ rsr,,,-1-14.44, 4i.,` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KROGER LIMITED PARTNERSHIP I (Applicant) / TIDEWATER INVESTMENTS & CHARLIE WEAVER (Owners), Conditional Use Permit (Automobile Service Station — Fueling Pumps), 5285 Providence Road (GPIN 1466448213). COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: May 5, 2015 • Background: The applicant requests a Conditional Use Permit to allow for an automobile service station on the site. The proposed automobile service station is associated with the applicant's retail grocery establishment located on the adjacent parcel to the east. On August 14, 1978, City Council approved a Conditional Use Permit for gasoline sales for the site. A second Conditional Use Permit for a car wash facility was approved on August 27, 1979. A third Conditional Use Permit for a car wash facility was approved on July 2, 2002. The use of the site is currently an automobile service station (fueling) station with a car wash facility. Since the applicant's proposal includes the removal of the car wash facility and an alteration of the site design from the plans associated with the prior Use Permits, a new Use Permit is required. • Considerations: The site currently contains a small kiosk building for sales of fuel and a car wash facility, both of which will be demolished. The sales kiosk will be replaced with a new 8'x30' kiosk that will include an attendant area, equipment room, and restroom. The existing fueling equipment, including the dispensers and underground storage tanks, will be removed and replaced. When completed, the facility will contain seven fuel dispensers with two fueling positions each, for a total of 14 fueling positions. The existing fuel canopy fascia will be removed and replaced. The canopy will be extended to accommodate the additional fueling stations. Primary access to the site will be from two existing curb cuts, one on Providence Road, and one on Lord Dunmore Drive. One of the existing curb cuts located on Providence Road will be removed. An additional curb cut will be installed along the eastern property line to allow a connection between the service station and the adjacent shopping center, where the retail grocery store associated with the service station is located. The freestanding monument sign located at the KROGER LIMITED PARTNERSHIP Page 2 of 3 northwest corner of the site will be replaced with a sign that meets the requirements of the Zoning Ordinance. The new freestanding sign will have a brick base, and the required 75 square feet of plantings around the base of the sign will be provided. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in conformance with the submitted site plan entitled "CONDITIONAL USE SITE PLAN, FUEL CENTER @ STORE R-537," dated January 22, 2015, and prepared by Robertson Loia Roof Architects and Engineers. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The building (sales kiosk) and fuel canopy shall be developed substantially in conformance with the submitted elevation drawings entitled "Virginia Beach, VA, Kroger Fuel Center R-537," dated January 29, 2015. Said drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except where modifications are necessary to meet the requirements of the City Landscape Design Guidelines, the plant materials shall be installed in substantial conformance with the site plan identified in Condition 1. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted drawing entitled "KROGER 537 FUEL CENTER, 5237 Providence Road, Virginia Beach, VA", prepared by Artlite Signs & Awnings. The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. Signage for the site shall as follows: a. Directional signs. KROGER LIMITED PARTNERSHIP Page 3 of 3 b. One (1) monument-style freestanding sign, as provided for by Condition 4. c. Two (2) building, two (2) canopy signs, or one (1) sign each on the canopy and building. Any sign installed on the rear and side canopy, as depicted on the elevation drawing identified in Condition 2 may display fuel prices; however, per Section 217 of the Zoning Ordinance, the fuel prices shall not be electronic displays. d. Striping on canopy shall be limited to 10 feet on each side of canopy or one-quarter of the length of each side. e. There shall be no signs other than allowed above, 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. 6. The outdoor vending machine currently located along the southern (rear) property line shall be screened using a solid fence, no shorter than six-feet in height, constructed of high quality building material, and of a color to match or complement the sales kiosk. 7. Any vacuum or air pump machines shall be screened with evergreen plants of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentAv. City Manager: 5 KEMPSVILLE 2 Liao,. Kro er Limited Partnership)! R;.6 u 82 t s April 8, 2015 Public Hearing glp APPLICANT: 'ft.... , B2 KROGER LIMITED .F Y r , fin, f p PRO to... i - l , Aplift O 'IfL`RD PARTNERSHIP Ri, it ii ff32A2, }, PROPERTY OWNER: RT.S BZ TIDEWATER B2 INVESTMENTS, 1178 1 ;' .� 'r } �- LLC (CHARLES •Ilmig MO Cu.e Pooflen op..San Prometa. CUP for Automobile Service Station WEAVER) STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Automobile Service Station) ADDRESS/DESCRIPTION: 5282 Providence Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14664482130000 KEMPSVILLE 20,738 square feet Less than 65 dB DNL 4 4 BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow for an automobile service station on the site. The proposed automobile service station is associated with the applicant's retail grocery establishment located on the adjacent parcel to the east. On August 14, 1978, City Council approved a Conditional Use Permit for gasoline sales for the site. A second Conditional Use Permit for a car wash facility was approved on August 27, 1979. A third Conditional Use Permit for a car wash facility was approved on July 2, 2002. The use of the site is currently an automobile service station (fueling)station with a car wash facility. Since the applicant's proposal includes the removal of the car wash facility and an alteration of the site design from the plans associated with the prior Use Permits, a new Use Permit is required. Details The site currently contains a small kiosk building for sales of fuel and a car wash facility, both of which will be demolished. The sales kiosk will be replaced with a new, 8-foot by 30-foot kiosk that will include an KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 1 attendant area, equipment room, and restroom.The existing fueling equipment, including the dispensers and underground storage tanks, will be removed and replaced. When completed, the facility will contain seven fuel dispensers with two fueling positions each, for a total of 14 fueling positions. The existing fuel canopy fascia will be removed and replaced. The canopy will be extended to accommodate the additional fueling stations. The site contains mature landscaping, including shrubs, large canopy trees, and small ornamental trees, located along the north, south, and west property lines. The existing landscaping will remain, and plant material will be added as shown on the submitted site plan to meet the landscaping requirements, as designated by the City Landscaping Guide. Three parking spaces will be provided at the rear of the site. The trash dumpster, located along the rear property line, will be screened with a solid block wall that will be painted to match the sales kiosk.The existing vacuum station and propane tank enclosure located at the rear of the site will be removed. The applicant has requested that the existing vending machine located along the rear property line be allowed to remain. Section 245(e)of the Zoning Ordinance requires that these vending areas be entirely screened from view from a public street. As such, condition 6 is recommended should this Use Permit be approved. Primary access to the site will be from two existing curb cuts, one on Providence Road and one on Lord Dunmore Drive. One of the existing curb cuts located on Providence Road will be removed. An additional curb cut will be installed along the eastern property line. The curb cut will allow for a connection between the service station and the adjacent shopping center, where the retail grocery store associated with the service station is located. The freestanding monument sign located at the northwest corner of the site will be replaced with a sign that meets the requirements of the Zoning Ordinance. The new freestanding sign will have a brick base, and the required 75 square feet of plantings around the base of the sign will be provided. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Automobile service station (vacant) SURROUNDING LAND North: • Providence Road USE AND ZONING: • Bank/ B-2 Community Business District South: • Office use/B-2 Community Business District East: • Restaurant/B-2 Community Business District West: • Lord Dunmore Drive • Office use/B-2 Community Business District • Single-family dwellings/ R-2.5 Residential District NATURAL RESOURCE AND The site is almost entirely impervious as the majority of the site is CULTURAL FEATURES: developed with a small commercial building, fuel canopy, car wash and paved surfaces. There do not appear to be any natural resource or cultural features of significance associated with the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of KROGER LIMITED PARTNERSHIP I Agenda Mtn 2 Page 2 preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the quality of the surrounding area. This can be accomplished through development and redevelopment that is compatible with the surrounding uses, designed with attractive site and building elements and environmentally responsible design (pp. 3-1 through 3-3). The site and building design generally meets the recommendations of the Comprehensive Plan's"Special Area Development Guidelines for Suburban Areas." 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Providence Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 130-foot right-of-way. No Capital Improvement Program (CIP) projects are slated for this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 14,800 ADT 1(LOS 4"C") Existing Land Use s- 1,686 Providence Road 21,200 ADT I1 ADT (LOS 4"D") 3 ADT 27,400 ADT ' (LOS 4"E") Proposed Land Use -Z360 ADT 'Average Daily Trips 2 as defined by a gasoline service station with 10 fueling positions 3 as defined by a gasoline service station with 14 fueling positions 4 LOS=Level of Service WATER: This site currently connects to City water. There is a 20-inch City water transmission main located along Providence Road and a 12-inch City water transmission main located along Lord Dunmore Drive. The existing 1" meter(City ID#95028229) may be used or upgraded to accommodate the proposed development. SEWER: This site currently connects to City sewer. There is a 16-inch City sanitary sewer force main located along Providence Road and an 8-inch City sanitary sewer force main and an 8-inch City sanitary gravity main located along Lord Dunmore Drive. Sewer and pump station analysis for Pump Station#432 is required to determine if future flows can be accommodated. 4 • EVALUATION AND RECOMMENDATION KROGER LIMITED PARTNERSHIP I Agenda nein- 2 Page 3 111 This proposal to redevelop the existing automobile service station on the site will, in Staff's opinion, be a welcomed aesthetic improvement to the area. The proposed automobile service station is similar in use to the previous use of the site, and thus, remains compatible with the commercial nature of the surrounding area. Staff finds that the proposal is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as well as the Comprehensive Plan's"Special Area Development Guidelines for Suburban Areas." Based on Staffs findings, approval of this request is recommended with the conditions below. 4 0 CONDITIONS 1. The site shall be developed substantially in conformance with the submitted site plan entitled "CONDITIONAL USE SITE PLAN, FUEL CENTER @ STORE R-537," dated January 22, 2015, and prepared by Robertson Loia Roof Architects and Engineers. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The building(sales kiosk)and fuel canopy shall be developed substantially in conformance with the submitted elevation drawings entitled "Virginia Beach, VA, Kroger Fuel Center R-537," dated January 29, 2015. Said drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except where modifications are necessary to meet the requirements of the City Landscape Design Guidelines, the plant materials shall be installed in substantial conformance with the site plan identified in Condition 1. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted drawing entitled "KROGER 537 FUEL CENTER, 5237 Providence Road, Virginia Beach, VA", prepared by Artlite Signs &Awnings. The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. Signage for the site shall as follows: a. Directional signs. b. One(1) monument-style freestanding sign, as provided for by Condition 4. c. Two(2) building, two(2)canopy signs, or one(1)sign each on the canopy and building. Any sign installed on the rear and side canopy, as depicted on the elevation drawing identified in Condition 2 may display fuel prices; however, per Section 217 of the Zoning Ordinance, the fuel prices shall not be electronic displays. d. Striping on canopy shall be limited to 10 feet on each side of canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. e. There shall be no signs other than allowed above, 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. KROGER LIMITED POTNERS$IP I 'Agenda Itn 2 Page 4 6. The outdoor vending machine currently located along the southern (rear) property line shall be screened using a solid fence, no shorter than six-feet in height, constructed of high quality building material, and of a color to match or complement the sales kiosk. 7. Any vacuum or air pump machines shall be screened with evergreen plants of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. NOTE: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 uses allowed by this Use Permit 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. KROGER LIMITED PARTNERS IP I 'Agenda Win 2 Page 5 -- . cam-'a i , / gi): t *1 . k' r f, V . ,.. trxllIllg:,,,,,4 a: ......., ; / ,,,o141,,,,t , .1 ,. . ''-'. ti , & t • J SR. � • fjtj ; \ • _1r ' •I, 1 , , aR/le r T tb fJ 'f ► y y jj s / Y" � . AERIAL OF SITE LOCATION KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 6 2 a 2 W z a 0❑ OF to w 0 Z J a F o w zK a N LO m WO Q /- 0 0 0 g - WZ j 4 O y 0 ZZq O Ill QQO ¢`Q ZO F� OVQNN O M al i p W MI >-a. a te z � m W o° LI la . Q ' z 0 w uy ' z z O> ia ! a. it Q 1 t i w W K ` 1, tuW zm i a a.0 ; L ,� _J u r a' a . ill . —1- i ' w m W om W ao D 0 300 ma rtz2 4sU 3 U m PROPOSED SITE PLAN KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 7 . 11 11111 I it .,,. __, --ter °:! 1 3{ 1 1t a- "t i *1) ! : N.*2Yr Irl �� `€ �+tit= Pt I (M/H mfair.:? vR) simosNeII ioti reg Ty ri i_ • ,iitriwitif# -,,,ii, ., - ::„ r, . . F.4 * W \ 144. .y ] ! 1 4 :° \ 1 -' < i " 11 - II O 71/16 H L S- i 2 I "- - 0 �. $ '- - V t / / /=f Ii Il r *$I s # ti c g PROPOSED SITE AND LANDSCAPE LAYOUT KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 8 , I ill I L ki > ^ '647--11'11'::1':'1': : � I< - - I g S f c�3 I i A r3. 9 Fi i �l' g 1 ll a 1 I z 0 3 PROPOSED ELEVATION DRAWINGS KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 9 PROPOSED 29.25 SO. FT. MONUMENT SIGN 4'-1"x 7'-2"SIGN CABINET=29.26 SQ.FT. 7, 2„ 2' 4" 1 Kroger CABINET TO BE ALUMINUM EXTRUSION ILLUMINATED VIA NIGH OUTPUT FLUOR. LEADED DIESEL FOMENT LAMPS.BION TO BE LLL.'LISTED. 2 . 2 Q -^■ Eye52 . L SURFACE VINYL GRAPHICS 5237 gAP VALLE OO Vi' 5" SCH0ULE 400 POE ALL COLORS & SIZES MUST BE APPROVED AND SIGNED FOR BY CUSTOMER BEFORE PRODUCTION. APPROVED BY: DATE: NOTE:PRINTED COLORS ARE NOT AN EXACT MATCH FOR MATERIAL COLONS! _ E ��.•�DICK IaH�LV AfflQIajer eoa KLEYAve. 7(T.P.O.BOX 6431rii G BEACHESAPEAKEV23324� n„ PH_767_s4s-os99 537 FUEL CENTER FAX-757-545-0924 5237 Providence Road ariwo# SIGNS & AWNINGS SCALE:3B'■1'-O'031916-DS-2 Virginia Beach, VA SCALE: PROPOSED FREESTANDING SIGN KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 10 KEMPSVILLE Map C sure Kroger Limited Partnership I Y r� _2 IY/MpY .,OR LN V 7 fi cr C3'1 -- Q -77._ ____ ___ __, CE RD iI LLI O u �W. J JF' W / .. 1 /r jp B2 o PROVIDE E � IliPpEc5' NC Rp ' ,•,/,,,., 4 - ....--i , .; .-__; - L______q...jiiii ,. ,,..._,_ _ , L----- I() �� t, / f /� � / . /LJ� R7.5 ;.. ,s • igli" r==, r ig tologni ijb 0 1M � r. 1{ A IS F. �� 1-______I i��, i B2 --r r „� . �� __, ��. 4 ILMI - l--_.__. , •Zoning with Conditions/Proffers,Open Space Promotion CUP for Automobile Service Station ZONING HISTORY # DATE REQUEST ACTION 1 11/13/2012 Conditional Use Permit(Family Daycare Home) Approved 2 07/02/2002 Conditional Use Permit(Car Wash) Approved 08/27/1979 Conditional Use Permit(Car Wash) Approved 08/14/1978 Conditional Use Permit(Automobile Service Station) Approved 3 11/28/1988 Conditional Use Permit(Automobile Repair) Approved KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 11 II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) KRGP, INC., an Ohio corporation its general partner (list of officers attached) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) see attached • ElCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE 1 Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Tidewater Investments, LLC I Two (2) Members-Charles A. Weaver, Carol L. Weaver C 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Tidewater Convenience Inc-affiliated business entity nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. &2 See next page for footnotes ♦M LTi Does an official or em loyee of the City of Virginia Beach have an interest in the F subject land? Yes II No IX If yes,what is the name of the official or employee and the nature of their interest? �• 0 DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 2 Page 12 1,1 I' 4 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural 4 services, real estate services, financial services, accounting services, and legal 1 services: (Attach list if necessary) ( see attached list t ' [ ' "Parent-subsidiary relationship"means"a relationship that exists when one I 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. I 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. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that,upon receipt of notification(postcard)that the application has been scheduled for public hearing,I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package.The undersigned also consents to entry upon the subject property by employees of the Department of ' Planning to photogaph and view the site for purposes of processing and evaluating this application. I Dwayne L.Tutt WpplilCartix's 5i 'm Print Name Charles A. Weaver Property Owner's Signature(if different than applicant) Print Name Conditional use Permit Application Page 10 0110 Revised 10/16/2014 DISCLOSURE STATEMENT KROGER LIMITED PARTNERSIP I Agenda I# n 2 Pag6.13 hi KRGP INC. an Ohio corporation September 25, Date of Incorporation: 1997 for-profit Entity Type: corporation Charter Number: 992246 FEIN: 31-1569084 General Purpose: General Partner of Kroger Limited Partnership I, Kroger Limited Partnership II and Kroger Texas L.P. OFFICERS W.Rodney McMullen President Christine S.Wheatley Vice President and Secretary Todd A.Foley Vice President and Treasurer Joseph W.Bradley Vice President and Assistant Treasurer Stacey M.Heiser Vice President and Assistant Secretary Rick J.Landrum Vice President and Assistant Secretary Antonio L. Matthews Vice President Mary Elizabeth Van Oflen Vice President and Assistant Treasurer Terry M.Evans Vice President Kevin M.Dougherty Vice President Assistant Dorothy D.Roberts Secretary DIRECTORS W.Rodney McMullen J.Michael Schlotman Christine S.Wheatley DISCLOSURE STATEMENT r. . KROGER LIMITED PARTNERS IP I {,:Agenda It. 2 Page 14 1,1 ADDITIONAL DISCLOSURES Eddie Bourdon—Sykes,Bourdon,Ahern&Levy,PC(attorney) Ali R.Daughtry—Robertson,Lola,Roof P.C.(civil engineering&permitting/approvals) David Jones—Galloway(fuel center architect&fuel equipment designer) Jason Holmes—fashion Inc.(canopy manufacturer) Ralph Hibberd—Ventaire/Sagebrush(kiosk manufacturer) Contractor -TBD Jeff Vierrether—MSA(surveyor) Debbie Blankenship—AMEC (environmental engineer) David Anderson—ECS (geotechnical engineer) Dick Shivley—Artlite Signs(sign installer) DISCLOSURE STATEMENT KROGER LIMITED PARTNERS IP 't Agenda It; 2 Page 15 1.1 Item #2 Kroger Limited Partnership I Conditional Use Permit 5285 Providence Road District 2 Kempsville April 8, 2015 CONSENT An application of Kroger Limited Partnership I for a Conditional Use Permit (Automobile Service Station) on property located at 5282 Providence Road, District 2, Kempsville. GPIN: 14664482130000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted site plan entitled "CONDITIONAL USE SITE PLAN, FUEL CENTER @ STORE R-537," dated January 22, 2015, and prepared by Robertson Loia Roof Architects and Engineers. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The building(sales kiosk) and fuel canopy shall be developed substantially in conformance with the submitted elevation drawings entitled "Virginia Beach,VA, Kroger Fuel Center R- 537," dated January 29, 2015. Said drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except where modifications are necessary to meet the requirements of the City Landscape Design Guidelines,the plant materials shall be installed in substantial conformance with the site plan identified in Condition 1. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted drawing entitled "KROGER 537 FUEL CENTER, 5237 Providence Road, Virginia Beach, VA", prepared by Artlite Signs &Awnings. The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. Signage for the site shall as follows: a. Directional signs. b. One (1) monument-style freestanding sign, as provided for by Condition 4. c. Two (2) building,two (2)canopy signs, or one (1) sign each on the canopy and building. Any sign installed on the rear and side canopy, as depicted on the elevation drawing identified in 1,1 Item#2 Kroger Limited Partnership I Page 2 Condition 2 may display fuel prices; however, per Section 217 of the Zoning Ordinance,the fuel prices shall not be electronic displays. d. Striping on canopy shall be limited to 10 feet on each side of canopy or one-quarter of the length of each side. e. There shall be no signs other than allowed above, 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. 6. The outdoor vending machine currently located along the southern (rear) property line shall be screened using a solid fence, no shorter than six-feet in height, constructed of high quality building material, and of a color to match or complement the sales kiosk. 7. Any vacuum or air pump machines shall be screened with evergreen plants of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. A motion was made by Commissioner Rucinski and seconded by Commissioner Ripley to approved item 2. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0, the Commission approved item 2 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. I it I i 0 , i,,1„.. itt li.):3 iv orb A, 0 ::0 4........1.7 J U ` b'` a r" y.. 0. `mss v 2'5 .C_,.' ' -.7,4, 0,4, --___, 7 E LT Cis) CA ' 0 0 . 4a *I 74/7_, /,.._ 4,,, C? 0 _ , ii. _, ,:, ,,,.___ , r 4,7) ----- gfrOki 4-- "** , ci __ 111/ it 1-1-itL---(9:11 - ___.1 ' -.~> rl ...,, 0 -=',.. 4- .8 : i---,./J �' i%,.., r I ' ..1 ` ' / ea 0 Zji Cal- r'� r�r``f . a 0 ,' • o vi-'‘Z. 1--i ! ---/ 1- iu ,i, , .,.0 ---------,..,, , „,.._, ,/J am a> �'a CSI 0 ood►o CO o. o mad ,,, ; • t _ tg , Y 4 a Sl LLw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASSEMBLY OF YAH, INC. (Applicant & Owner), Conditional Use Permit (Religious Use — Church). 5151 Locke Lane (GPIN 1466659271). COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: May 5, 2015 • Background: The applicant requests a Conditional Use Permit for the purpose of constructing a 3,400 square foot, one-story addition to an existing church building. City records indicate that the existing building was constructed in 1950, predating the adoption of the Zoning Ordinance. Because a religious use has continuously occupied the site, no Conditional Use Permit exists for the church. The applicant desires to enlarge the church building, and; therefore, a Conditional Use Permit is required. • Considerations: The subject site is currently developed with a one-story, 2,513 square foot brick building situated in the center of the site, as well as a small gravel parking area. Access to the site is from Locke Lane. The proposed 3,400 square foot addition will extend from the rear (eastern side) of the existing building. The addition is designed to match the existing building in both style and material. The front façade facing Locke Lane will be brick and the side and rear facades will be Hardieplank® fiber-cement siding. A new paved parking area will be installed adjacent to Locke Lane to accommodate the additional parking required due to the addition. The existing parking area will also be paved, striped, and landscaped to meet City standards. The existing landscaping along Locke Lane and Kempsville Road will be enhanced or replaced to meet the standards of the City Landscaping Guide, including additional planting around the free-standing sign. A six-foot privacy fence, as well as Category IV landscaping will be installed along the south and east property lines to provide screening from the adjacent properties. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ASSEMBLY OF YAH Page 2 of 3 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. When developed, the site shall be in substantial accordance with the site plan entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely & Associates, Architects. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. When developed, the building addition shall be in substantial accordance with the submitted building elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely & Associates, Architects. Said elevation has been exhibited to the City Council and is on file in the Planning Department. 3. When developed, the exterior of the building addition shall be finished using the materials as identified on the submitted elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely & Associates, Architects. The front (north facing) façade shall be brick veneer to match the existing church building. The side and rear facades shall be Hardieplank°fiber-cement siding. 4. A development site plan depicting the improvements enumerated in the conditions below as well as the requirements of City ordinances and standards shall be submitted to the Planning Department / Development Services Division for review and approval prior to the issuance of any permits. 5. The existing gravel parking area located between the church building and Kempsville Road shall be paved and striped to meet all City regulations applicable to parking lots. 6. A minimum of seventy-five (75) square feet of planted area shall be installed around the existing free-standing sign adjacent to Kempsville Road. The plant materials shall be consistent with and be installed in conformance with the requirements of the City Landscaping Guide. 7. The privacy fence as shown on the submitted site plan shall conform to the requirements of Section 201 (e) of the Zoning Ordinance. Chain-link ASSEMBLY OF YAH Page 3 of 3 fencing shall not be permitted. A permit for the fencing shall be obtained from the Planning Department / Permits & Inspections Division prior to installation. 8. The applicant shall make improvements to the right-of-way (Locke Lane) as required by the Department of Public Works, including, but not limited to: the installation of curb and gutter along the entire frontage of the sites on Locke Lane, and the installation of a sidewalk in the right-of-way along the entire frontage of Locke Lane. All improvements shall be reviewed by the Development Services Center and the Department of Public Works and shall meet all City standards. 9. No Certificate of Occupancy shall be issued until a subdivision plat vacating the interior lot line has been submitted to and approved by the Development Services Center and recorded with the Clerk of the Court. 10.The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits & Inspections Division and the Fire Department. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City [L% ManageN NA .Z:!80422_ '‘I V KEPAPSVILLE D3 •�_�� Assembly of Yah,Inc. hty� b Scale R .b d , --. 1„...........„j S RR10 April 8, 7N,T5ApN.:Ipi c Hearing Rios. " �Qc,� � , _,,,,,o, ,_, , APPLICROPERTY y w Rik : OWNER: ASSEMBLY OF ....t,444 ,f . - Al2 i 4 _R10 YAH, INC. R10 P1 R10 B2 .w.ti N. •zw+,y.+n cn,ala...N,wh..,Upon Sq..Prom.. CUP/or Church Addition STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Religious Facility-church) ADDRESS/ DESCRIPTION: 5151 Locke Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14666592710000 KEMPSVILLE 28,220 square feet Less than 65 dB DNL APPLICATION HISTORY: This application was deferred on March 11 due to the lack of proper public notice(public notice signs were not posted). 4 4 BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for the purpose of constructing a 3,400 square foot, one-story addition to an existing church building. City records indicate that the existing building was constructed in 1950, predating the adoption of the Zoning Ordinance. Because a religious use has continuously occupied the site, no Conditional Use Permit exists for the church. The applicant desires to enlarge the church building, and; therefore, a Conditional Use Permit is required. This application was deferred from the March 11, 2015 Planning Commission to allow for the applicant to post the required notification signs on the site. The subject site contains a one-story, 2,513 square foot brick building situated in the center of the site, as well as a small gravel parking area.Access to the site is from Locke Lane. There is mature plant material along Locke Lane and Kempsville Road, as well as numerous mature trees throughout the site, particularly in the rear. The addition will contain a new sanctuary space as well as facilities to accommodate various office and ASSEMBLY OF YAH, INC. Agenda Item D3 Page 1 fellowship activities. The church has a congregation of approximately 100 people, and the proposed addition will accommodate 40 additional seats. No day care, school, or housing accommodations are proposed with this application. The proposed 3,400 square foot addition extends from the rear(eastern side)of the existing building. The addition is designed to match the existing building in both style and material. The front façade facing Locke Lane will be brick and the side and rear facades will be Hardieplank®fiber-cement siding. A new paved parking area will be installed adjacent to Locke Lane to accommodate the additional parking required due to the addition. The existing parking area will also be paved, striped, and landscaped to meet City standards. The existing landscaping along Locke Lane and Kempsville Road will be enhanced or replaced to meet the standards of the City Landscaping Guide, including additional planting around the free-standing sign.A six-foot privacy fence, as well as Category IV landscaping will be installed along the south and east property lines to provide screening from the adjacent properties. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious facility SURROUNDING LAND North: • Locke Lane USE AND ZONING: • Single-family dwellings/ R-10 Residential District South: • Professional and medical offices/0-2 Office District East: • Single-family dwellings/ R-10 Residential District West: • Kernpsville Road • Religious facility(church)/A-12 Apartment District NATURAL RESOURCE AND A portion of the site is developed with a one-story building and CULTURAL FEATURES: gravel parking area. The remainder of the site is undeveloped land containing several mature trees. The site is located in the Chesapeake Bay Watershed. There are no known historical and cultural features of significance associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This can be accomplished through uses compatible with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and nonresidential with respect to type, size, intensity, and relationship to the surrounding uses(p. 3-1 through 3-3). 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Locke ASSEMBLY;OF YAH,INC. Agenda Item.D3 Page 2 Lane is a two-lane undivided local street. It is not included in the Master Transportation Plan. Kempsville Road is a four-lane divided minor urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. This segment of Kempsville Road is functioning over-capacity at a Level of Service F. There are no Roadway Capital Improvement Program projects scheduled for this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 14,800 ADT 1 (LOS 4"C") Existing Land Use 2— Kempsville Road 29,877 ADT ' 22,800 ADT '(LOS 4"D") 92 ADT 27,400 ADT ' (LOS 4"E") Proposed Land Use — 217 ADT Average Daily Trips 2 as defined by a church-2,513 square feet s as defined by a church-5,913 square feet 4 LOS=Level of Service WATER: This site currently connects to City water. There are existing 16-inch, 24-inch, and 36-inch City water transmission mains along Kempsville Road. There is an existing 8-inch City water main along Locke Lane. The existing 5/8-inch water meter(City ID#95038161)can be used or upgraded to accommodate the proposed development. SEWER: The site currently connects to City sewer which discharges to Pump Station #417. There is an existing 20-inch HRSD force main and an 8-inch City gravity sewer main along Kempsville Road. There is an existing 8-inch City gravity sewer main along Locke Lane. 4 • EVALUATION AND RECOMMENDATION The applicant requests a Conditional Use Permit for the purpose of constructing a 3,400 square foot addition to an existing church building that will accommodate a growing congregation. Staff concludes that this request is consistent with the Comprehensive Plan's land use policies for the Suburban Area, and the use is compatible with the character of the surrounding area. The 0.64 acre site, zoned R-10 Residential District, has been used as a church for many years. The new building will add 40 seats, and this increase will have a minimal impact on the volume of traffic. The proposed addition is designed to complement the existing structure on the site and will also match the character of the surrounding properties in style and materials. The applicant proposes a number of improvements to the site, including the following: • Enhanced plantings along both rights-of-way; ASSEMBLLOF YAH, QVC, Agenda [tea) D3 Page 3 • Installation of a buffer, including a privacy fence and plant material along the south and east property lines to provide adequate screening between the church and the adjacent properties; • Improvements to the parking area, including paving, striping and the installation of landscaped islands; • Relocation of the ingress/egress point to the property further east along Locke Lane, which is a safer and more desired location; and • Improvements to Locke Lane, including the installation of curbing, guttering, and a sidewalk. In sum, Staff recommends approval of this application with the conditions below. 4 0 CONDITIONS 1. When developed, the site shall be in substantial accordance with the site plan entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely&Associates, Architects. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. When developed, the building addition shall be in substantial accordance with the submitted building elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely&Associates, Architects. Said elevation has been exhibited to the City Council and is on file in the Planning Department. 3. When developed, the exterior of the building addition shall be finished using the materials as identified on the submitted elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely&Associates, Architects. The front(north facing)façade shall be brick veneer to match the existing church building. The side and rear facades shall be Hardieplank fiber-cement siding. 4. A development site plan depicting the improvements enumerated in the conditions below as well as the requirements of City ordinances and standards shall be submitted to the Planning Department/Development Services Division for review and approval prior to the issuance of any permits. 5. The existing gravel parking area located between the church building and Kempsville Road shall be paved and striped to meet all City regulations applicable to parking lots. 6. A minimum of seventy-five(75) square feet of planted area shall be installed around the existing free-standing sign adjacent to Kempsville Road. The plant materials shall be consistent with and be installed in conformance with the requirements of the City Landscaping Guide. 7. The privacy fence as shown on the submitted site plan shall conform to the requirements of Section 201 (e) of the Zoning Ordinance. Chain-link fencing shall not be permitted. A permit for ASSEMBLYOF YAH,yINC. Agenda IterrlD3 Page 4 the fencing shall be obtained from the Planning Department/ Permits & Inspections Division prior to installation. 8. The applicant shall make improvements to the right-of-way(Locke Lane)as required by the Department of Public Works, including, but not limited to: the installation of curb and gutter along the entire frontage of the sites on Locke Lane, and the installation of a sidewalk in the right-of- way along the entire frontage of Locke Lane. All improvements shall be reviewed by the Development Services Center and the Department of Public Works and shall meet all City standards. 9. No Certificate of Occupancy shall be issued until a subdivision plat vacating the interior lot line has been submitted to and approved by the Development Services Center and recorded with the Clerk of the Court. 10. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits & Inspections Division and the Fire Department. NOTE: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 uses allowed by this Use Permit 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. ASSEMBLY:OF YAH,INC. Agenda Item D3 Page,.5 I s ;`y0 Y ti i W e V 4 o B.' ♦ �// / C O�, 0) Ni ... ,14 1 1 :�t,.j I `, .1 4- OJ . , • , e. ,. ,,-:,,,- ,:: ..1\. ,, ..f,ft... ,...ii. ,:' V �'' ,.' ♦,; Si'� r of e �.. \ i lat. { C ) ., / : .,-,,, L AERIAL OF SITE LOCATION } ASSEMBLY OF YAH, INC. i Agenda Item D3 Page 6 -' I I• I , ; - r I I ; t‘t, , f•,;,,,,,7 ii, ' 1 ' t !-- 1 I I 1 ' , , it' p iit7--J ! -...J., 4•1 •i riI 't- I • . ' •1 t ' kV • '' ' ' l'''Ai,'.1' i'. • , i_ Ilk', N iiiro' 1 „ ,. I t.....^ i:- , i,v . 1 ,ii) ,1 , \ ,) ...-. HI If ..... ,.5 2?.‘ :op..4.1.1::•••- r,L Q. i. •,.1. —1 _ _.; stZ3:1.:1 '''‘, • t.i 41 g t.siti 1 ,1 ,11:4, I W t riEll'i so i aftt.n!!! • 1 ':Iillii! !,ti!!,!': 2 , ,..• $1.:•,:.'1,ows )•,- 1 p!..' ,!•.• .. o ''i ;•.: . ON 4 rf„ -;,1' , I 1 Iv*., ---1 1 11•4.1i-1-”I r....11,.., .,_7......... .,. ..,:tkit.46,.....r. •.' ' • .., -1"--t-r-- •,-*-.-•vr+-.5i,s?;•,. ,.! ' L ' ...i_tV1 I I I I l' • j :'''— itTr.a. I ,,. ,,, -.° •_; : , •,...: ,:., , , ,: , ,cmi , , „ : . ) -.. t -ii- ,„, :.• , _ i .e.,: i., . , i,i• -,-,--",ti - D -:.11f, ': .ffs, 1_,.., , _J : ilies.:. TI t , . . ::j_ (i) , I i 1 ,..''''..,---1---40.... i '',' '-----N• 4 PROPOSED SITE LAYOUT & ELEVATION rsr-k7,_ INVIA.B.E14,-;411 1,-,,,...\\N--,oc,k,,,:;,,,, y,,,,,,,-•-••/_11 0-Yz• ' 1:p, ' ASSEMBLY OF YAH, INC. t4 1 Agenda Item D3 Page 7 :1'•, 0 1- z 0 z N Q 0 2 10'511 ` N �'. .sya.x9 ..• . , b I.;N -�'"�'' r--- r�'o`Li¢c�'c# 11 Iii !a I .I MI _• - 0 h p �03AVd 38 017 a u ' Z z _ V311V ONI)12IVd.ONI1SIX3 "i- o Q J — c5rA- . A 1'/ z rn _^.c W U 0 w J < 1 1 11.Li_N2 .,11../ +� zm0..., .... V . •` - ' t•\ X .:73- F � " / , ZN _ \'', ...• il 5:(- _ b I..] 1 11 . 1' i____...). _ �) D._ 4 ,III re ••'1Z I N V p LL• t7 �� i WYW • • 'S a � Fa Z O Fe 1 Oar O = 0 `. cc T a > W _1. . s aCC VQ - ' a. '1 'ti W Z z J.. j 'I( 1 r- rail '" N w- "' ••� is '- 1 Y W >- m0'4 III a 1 PROPOSEDSITE LAYOUT- DETAIL ASSEMBLY OF YAH, INC. Agenda Item D3 Page 8 7 .Tr 1n,_ . ,L i I. fes'''' z ! 1 i P. ��1 \� 2 o 1 .1 v K- m re 0 + 1 N 11 �', �� (�1,4 f.T-.1'91 p Z 9. , , ISI •�i i d y • / 11.•i! ( (' r.'1• . I. '; W c' ' 'i F iii1. 1 ,' x I I1'' 1 RI 11'4001 2 \C, < :,1,. . 1 i —IC. O fAP i \ Lir% il ...lilt \ 1 I ' .... IV �, 1 -` ,\ 1 ::111 r 1 I�1, ':1 1° Ir14s;11` 'WN ' r� i i 'I.`" '' . 1'1 �r,� 7 aL -1''I, '1,li1''. i!i i 2 K 2 f tZ gram c) � n CC 1 I II !..I ... -ai:'al1� W G U- t .,. i CO a CO W i - CC i PROPOSED ELEVATION- DETAIL - ...arid k(r ,, , ASSEMBLY OF YAH, INC. Agenda Item D3 Page 9 „.41A**-••• : F .4.1h J+\ • t iti 1C.: vi t 7 fC . 1 f 4. q"* i\ , : � . _ ..',';'.'"., ::0 .t.Vi . r a•4y r‘”",;".r•l';-v . l • >f `l$�1��A Y t . t -\R‘,l yy S . \ r•t i . -v i" t•1;4,j� t`P EXISTING CHURCH BUILDING ASSEMBLY OF YAH, INC. Agenda Item D3 Page 10 1111 ' 1 * ware• »� 111 11 • 7i t{ • • ec 'ff P k , Vis., a'� t 1 t '� V t EXISTING FREE-STANDING SIGN ASSEMBLY OF YAH, INC. Agenda Item D3 Page 11 1 KEMPSVILLE M ap D-8 ca>e Assembly of Yah, Inc. R7.5 0 ''-'.a ei R -Th %* � -, Q o ,moo a • Q C- ? ar COCK„.1111111 oN. '7 A 0 ' .JC . 7 � KFtN - ^ Al2 .��° c,,, J� t T 2 (;,..,_,ji 'f- /_. B2 /,f' Mt—,�e,T[M 'Zoning with Conditions/Proffers,Open Space Promotion CUP for Church Addition ZONING HISTORY # DATE REQUEST ACTION 1 07/11/2006 Use Permit(Church addition) Approved 03/23/1993 Use Permit (Church addition) Approved 05/14/1979 Use Permit (Church) Approved 07/17/1978 Change of Zoning (A-1 to A-4) Withdrawn 2 03/24/1986 Use Permit(Private Club) Denied 11/19/1984 Change of Zoning (R-5 to 0-1) Approved 01/14/1980 Change of Zoning (R-5 to 0-1) Denied ASSEMBLY OF YAH, INC. Agenda Item D3 Page 12 I I APPLICANT DISCLOSURE I If the applicant is a corporation, partnership,firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Vi RE1271i1-7 f A ae /b iz-c ri (17-6L---1-- C. G, 2. List all businesses that have a parent-subsidiaryor affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership,firm, business, or other unincorporated organization. ` PROPERTY OWNER DISCLOSURE • Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership,firm, business,or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) (201-}, -p go 9 Li- 5erz-1JLE OIL WO FA! LoAF-(/ t8JL'7 4S-itketc2 ) C �.c.- 0 t ir.-c c et R--42 II` 2. List all businesses that have a paren-subsidiary or affiliated business entity2 F relationship with the applicant: (Attach list if necessary) 1 I- [1 Check here if the property owner is NOT a corporation, partnership,firm, 11111 business, or other unincorporated organization. ( 2 See next page for footnotes �� & i Does an official o em loyee fthe City of Virginia Beach have an interest in the M" subject land? Yes No If yes,what is the name of the official or employee and the nature of their interest? �- Lo'. t'7 A6ii✓12.Cty - 7 11ASTcst?, 0111 F'y w�ri---9 , pctzecTo(Lr ( Conditional Use Permit Application r DISCLOSURE STATEMENT ASSEMBLY.)f YAH,rINC. Agenda Iter ;.D3 Page 13 N 1 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect sol to the requested property use, including but not limited to the providers of architectural 4 services, real estate services,financial services, accounting services, and legal services:(Attach list if necessary) 53 LFE-Y 4 ♦ s oc cfrs-ze 5! 14Aye E `T g-ocT t o tJ C • Ftokoct A LT!>-34 Ai•-,Q 17e'PATcO 6/ 64* ))--t F-4:7 4 "Parent-subsidiary relationship"means"a relationship that exists when one 4 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. 4 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 relationshipinclude 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, vt 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. { CERTIFICATION: I certify that the information contained herein is true and accurate. P I understand that, upon receipt of notification(postcard)that the application has been scheduled for { public hearing,I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package.The undersigned also consents to entry upon the subject property by employees of the Department of t Planning to photograph and view the site for purposes of processing and evaluating this application. 1 '`v'""' / ai/d/ fey r41-0-H trt Vefe niz ,r[2 I Applicant's Signature Print Name 1 rop�wnef s Signa ureif different than applicant)( pp ) Pnnt Name DISCLOSURE STATEMENT ASSEMBLY OF YAH, .SNC. Agenda Iteral D3 Page 14 Item #D3 Assembly of Yah, Inc. Conditional Use Permit 5151 Locke Lane District 2 Kempsville April 8, 2015 CONSENT An application of Assembly of Yah,Inc. for a Conditional Use Permit (Religious Facility- church) on property located at 5151 Locke Lane, District 2, Kempsville. GPIN: 14666592710000. CONDITIONS 1. When developed,the site shall be in substantial accordance with the site plan entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely&Associates, Architects. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. When developed, the building addition shall be in substantial accordance with the submitted building elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely&Associates, Architects. Said elevation has been exhibited to the City Council and is on file in the Planning Department. 3. When developed, the exterior of the building addition shall be finished using the materials as identified on the submitted elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely&Associates, Architects. The front (north facing)facade shall be brick veneer to match the existing church building. The side and rear facades shall be Hardieplank fiber-cement siding. 4. A development site plan depicting the improvements enumerated in the conditions below as well as the requirements of City ordinances and standards shall be submitted to the Planning Department/ Development Services Division for review and approval prior to the issuance of any permits. 5. The existing gravel parking area located between the church building and Kempsville Road shall be paved and striped to meet all City regulations applicable to parking lots. Item#D3 Assembly of Yah, Inc. Page 2 6. A minimum of seventy-five (75) square feet of planted area shall be installed around the existing free-standing sign adjacent to Kempsville Road. The plant materials shall be consistent with and be installed in conformance with the requirements of the City Landscaping Guide. 7. The privacy fence as shown on the submitted site plan shall conform to the requirements of Section 201 (e) of the Zoning Ordinance. Chain-link fencing shall not be permitted. A permit for the fencing shall be obtained from the Planning Department/ Permits& Inspections Division prior to installation. 8. The applicant shall make improvements to the right-of-way (Locke Lane) as required by the Department of Public Works, including, but not limited to:the installation of curb and gutter along the entire frontage of the sites on Locke Lane, and the installation of a sidewalk in the right-of-way along the entire frontage of Locke Lane. All improvements shall be reviewed by the Development Services Center and the Department of Public Works and shall meet all City standards. 9. No Certificate of Occupancy shall be issued until a subdivision plat vacating the interior lot line has been submitted to and approved by the Development Services Center and recorded with the Clerk of the Court. 10. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits & Inspections Division and the Fire Department. A motion was made by Commissioner Rucinski and seconded by Commissioner Ripley to approve item D3. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item D3 by consent. Item#D3 Assembly of Yah, Inc. Page 3 Bill Verebely appeared before the Commission on behalf of the applicant. M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS —New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 2015-2016 RESOURCE MANAGEMENT PLAN SCHEDULE RECONCILIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/21/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U 1 P DNOK MMS HL W O Y L N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND CITY COUNCIL WORKSHOP A. FY 2015-16(Budget) 1. QUALITY PHYSICAL ENVIRONMENT a. Planning—Jack Whitney b. Public Utilities—Tom Leahy c. Public Works—Phil Davenport 2.FAMILY/YOUTH OPPORTUNITIES a. Health-Dr.Heidi Kulberg b. Human Services-Dannette R.Smith II/III/1V/ CLOSED SESSION N/A V/E F/G MINUTES APPROVED 9-0 Y Y Y Y A Y Y Y A Y Y April 7,2015 B B S S T T A A 1 I N N E E D D H/J-1 Ordinances to AMEND the City Code: a. Daily reports to Police ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT b. ESTABLISH ViBe Creative District ADOPTED 10-I Y Y Y Y Y N Y Y Y Y Y re"ArtsC/ultural/Technology Zone" DISTRICT 6-BEACH 2. Ordinance to AUTHORIZEa Lease with VBCDC re use of land/residence at 1409 Old Virginia Beach Road ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y DISTRICT 6-BEACH CONSENT 3. Ordinance to EXTEND date to SATISFY ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions in closing portions of CONSENT r-o-w at: a.Singleton Way(formerly Princess Anne Road) b.S.Witchduck Road(formerly Kempsville Road) c. Princess Anne Road(Relocated) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/21/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R Y S E S DS NND 4. Ordinances to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE: CONSENT a. $2,639,476 to Risk Management re Workers'Compensation Claims b. $372,657 to Schools ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $340,710 from Instruction to CONSENT Technology $ 31,947 from Operations/ Maintenance to Technology c. $60,984 in Grant Funds from VA ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Health re LUCAS CPR devices/LifePak CONSENT cardiac monitor upgrades d. $ 60,984 to EMS re local match for ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Medical Equipment: CONSENT $45,000—transfer within the EMS $15,984—from the General Fund Reserve 1-1. TIMOTHY J.COSTEN Street Closure re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y portion of Scott Bend Lane at North CONDITIONED,BY Oceana Boulevard CONSENT DISTRICT 6—BEACH 2. LEONARD M.LYON enlargement/ DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y relocation of a Nonconforming Use to 5/5/15,BY construct additions/relocate residences at CONSENT 4481 Lee Avenue DISTRICT 4—BAYSIDE 3. ST.JAMES MISSIONARY CHURCH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of a CUP to allow a portable CONDITIONED,BY classroom at 5724 Old Providence Road CONSENT DISTRICT 1—CENTERVILLE 4. HOFD ASHVILLE PARK,LLC DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers of Conditional 5/19/15,BY Rezoning of a residential Development CONSENT Plan at Ashville Park Boulevard DISTRICT 7—PRINCESS ANNE 5. G&A PROPERTIES,LLC CUP re auto APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y repair at 590 Baker Road CONDITIONED,BY DISTRICT 2—KEMPSVILLE CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/21/2015 PAGE: 3 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y L N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND 6. EAT THE STREETS 757/MIKE APPROVED/ 9-0 Y Y Y Y Y Y Y A A Y Y STANDING FESTIVAL,LLC: CONDITIONED FOR B B ONE(1)YEAR/8AM S S a. Special Exception for Alternative TO 11 PM,AS T T Compliance to the Oceanfront Resort REVISED A A District Form-Based Code I I N N b. CUP re open air market/outdoor E E recreation at 712 Atlantic Avenue D D DISTRICT 6—BEACH 7. Ordinances to AMEND the CZO: a. ADDING definitions of"Small ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Wireless Telecommunication facility"/ CONSENT "Temporary Communication Tower"! AMENDING definition of"Antenna, Building-Mounted," b. Building-Mounted Antennas/Small ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Wireless Telecommunication facilities CONSENT c. ESTABLISHING requirements for ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Small Wireless Telecommunication/ CONSENT Temporary Communication Towers/ Building-Mounted Antennas d. Oceanfront Resort District Form- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Based Code ALLOWING Small Wireless CONSENT Telecommunication facilities as Permitted Uses in the P-1 District/AG-1/AG-2 Districts/R-2.5 through R-40/A-12 through A-36 Districts/H-1 District/0-1 and 0-2 Districts/B-2 through B-4C Districts/I-1 and 1-2 Districts/RT-1,RT-3 and RT-4 Districts/CBC District/Oceanfront Resort District J APPOINTMENTS RESCHEDULED B Y CONS ENS U S BOARD OF BUILDING CODE APPEALS—New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD K/L/M ADJOURNMENT 6:43PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/21/2015 PAGE: 4 A S- ✓ HS AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N EJ MS UI P DNOK MMS HL W O YL N A O O O R S 0 R E E E NS NMI 00 T R YS ES DS NND 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE PUBLIC HEARING—Green Run High School APRIL 23rd WORKSHOP- PUBLIC HEARING-Council Chambers APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH