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JUNE 16, 2015 AGENDA I I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,�� y MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside District 4 M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne-District 7 �. '`' J e+ SHANNON DS KANE,Rose Hall-District 3 + / I JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 r,.`• N_0e 5 JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE ONE:(757)385-4303 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHFAX(757)385-56693 CITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR-LYNDON S.REMIAS 16 June 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC VICE MAYOR LOUIS JONES PRESIDING I. CITY COUNCIL COMMENTS - Conference Room - 5:00 PM II. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Vice Mayor Louis Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis Jones B. INVOCATION: Reverend Robert J. Randall, Jr. Rector Old Donation Episcopal 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 June 2, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PARKS AND RECREATION MONTH—July 2015 Michael Kalvort, Director of Parks and Recreation I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY a. 616 North Great Neck Road 2. Proposed Property Tax Exemptions a. Bellissima, Inc b. Connect with a Wish,Inc c. Twunami Softball Corporation d. Urban League of Hampton Roads, Inc. J. ORDINANCES/RESOLUTION 1. Ordinances to DESIGNATE certain real property as TAX EXEMPT: a. Bellissima, Inc. b. Connect With a Wish, Inc. c. Tsunami Softball Corporation d. Urban League of Hampton Roads, Inc. 2. Ordinances to AMEND the City Code: a. Section 2-5 and 8-91 re duties of the Historic Preservation Commission b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section 6-153 re permits to construct, alter or repair landings, docks and similar structures and permits for dredging, filling, etc., in waters, marshlands and lowlands c. ADD Section 33-113.2 re waterway encroachments in Special Service Districts 3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Management Agreement with Tidewater Tennis Center, Inc. re operation and management of Owl Creek Tennis Center b. A Lease between T-Mobile and the City re telecommunications facilities at 616 North Great Neck Road DISTRICT 6—BEACH 4. Ordinance to APPOINT three (3) Viewers re view streets or alleys proposed for closure. 5. Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road from "The Collier Building to "Human Services Witchduck Annex" DISTRICT 4 - BAYSIDE 6. Ordinances re City Appointee Compensation for FY 2015-16: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinances to AMEND: a. The FY 2014-15 Operating Budget re Department of Housing and Neighborhood Preservation 1. $145,088 - TRANSFER of Community Development Block Grant (CDBG) funds 2. $ 25,402—REDUCE appropriations for the CDBG re decreased revenue 3. $100,000—CORRECT appropriation re "program income" to "federal revenue" b. The Project Scope to EXPAND the "Commonwealth's Attorney Build-Out of Judicial Center" and TRANSFER $102,291 from FY 2014/15 Commonwealth's Attorney Federal/State Seized Assets Special Revenue Fund to complete renovations 8. Ordinances to ACCEPT, APPROPRIATE re Human Services : a. $1,791 FY 2015 Grant Funds from the Virginia Department of Criminal Justice Services b. $100,730 in State revenue and $18,744 local match re additional positions K. PLANNING 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. CHECKERED FLAG STORE #5 and CHECKERED FLAG MOTOR CAR COMPANY for a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a Modification of Conditions of a Conditional Use Permit(approved May 23, 1988 and modified October 24, 2006) re an addition to the existing building at 5225 Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification of Conditions (approved November 17, 1980 and Modified July 14, 1998) re a car wash at 1108 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market at 873 Little Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re housing for seniors and disabled persons between Shore Drive and Ocean Shore Avenue at Cherry Tree Place DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 6. CITY OF VIRGINIA BEACH Ordinances to: a. REFERENCE the Green Sea Blueway and Greenway Management Plan as a component of the Comprehensive Plan b. AMEND Section 801 of the City Zoning Ordinance (CZO) to ALLOW Veterinary establishments as a permitted use in the Office Districts RECOMMENDATION: APPROVAL L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB HUMAN RIGHTS COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* I. CITY COUNCIL COMMENTS - Conference Room - 5:00 PM II. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Vice Mayor Louis Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION iI IV. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis Jones B. INVOCATION: Reverend Robert J. Randall, Jr. Rector Old Donation Episcopal 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 June 2, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PARKS AND RECREATION MONTH-July 2015 rrG B Ac ' ,r4��_, �gs a t.4-...;,1 lip ", -� -vP�7 rc z .a ?y m 1,---=,..A'+t U , LR .,...„.*., -4 11 rrnthxmwtinn Whereas: Parks and recreation programs are an integral-part of the City of'Virginia(Beach with 265 parks and park facilities,seven community recreation centers,7,050 acres of parkland and open space;and 'Whereas: Eighty-three percent of the community resides within a half-mile commute to a parr;and Whereas: Parks and recreation programs are vitally important to establishing and maintaining the quality of Cafe in our community, ensuring the health of all citizens, programming active and passive activities for citizens, and contributing to the economic and environmental.weir-being of our community;and Whereas: Parks and recreation is an integral-part of Envision'Virginia Beach 2040 and contributes to the achievement of the goats in the Sustainability Plan;and Whereas: Parks and recreation programs provide therapeutic recreation and inclusion services for individuate with cognitive or physical-needs;and Whereas: Tie Parks and Recreation Department is the largest youth development provider in the city serving over 8,800 children annually;and Whereas: Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism,the attraction and retention of businesses,and crime reduction;and Whereas: Parks and natural-areas improve water quality,improve the quality of the air we breathe,and produce habitat for willife;and Whereas: Parks and(Recreation supports the`Urban cForest Management Plan;and Whereas: Parks and natural-areas and open space ensure the ecological-beauty of our community andprovide a place for children and adults to connect with nature and recreate outdoors;and Whereas: The Trust for Public Land recently ranked'Virginia Beach as the 10th best parksystem nationally;and Whereas: Ile Parks and Recreation Department is a CAXKA Accredited agency. Now,herefore,I,'William D.Sessoms,Jr.,Mayor of the City of'Virginia Beach,do hereby Proclaim: jury 2015 Warks and"Recreation Month In 'Virginia(Beach, and I encourage all citizens, city members and civic organizations to join me in supporting our Parks and Recreation programs by visiting a community recreation center,parkor other natural.area. In'Witness Whereof I have hereunto set my hand and caused the Offi'cial-Searof the City of'Virginia(Beach,'Virginia,to he affixed this Sixteenth day of June,Two'Thousand'Fifteen. i(?`'1 Je411 'William1n.Sessoms,Jr Mayor I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY a. 616 North Great Neck Road 2. Proposed Property Tax Exemptions a. Bellissima, Inc b. Connect with a Wish,Inc c. Twunami Softball Corporation d. Urban League of Hampton Roads, Inc. ��uaa�• fo NOTICE OF PUBLIC HEARING Lease of City Property On June 16,2015,at 6:00 PM, in the Council Chambers of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning the granting of a proposed lease of a portion of City property located at 616 North Great Neck Road,in the Beach District, to T-Mobile Northeast, LLC for the purpose of maintaining and operating wireless telecommunications facilities. Any questions concerning this matter should be directed to the City Attorney's Office, 2401 Courthouse Drive, Virginia Beach, Virginia 23456 or by telephone at 757-385-8200. If you a physical disabled or visually impaired and need assistance at this hearing, please c I the City Clerk's Office at 757- -4303. Ruth Hodge MMC City Clerk BEACON:June 7,2015 • NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday,June 16,2015 at 6:00 pm in the Council Chamber on the second floor of the City Hall building, Municipal Center,Virginia Beach,Virginia,the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and personal property taxes (rounded to the nearest dollar): Bellissima, Inc. has a real property assessment of $0 and taxes assessed at$0 and tangible personal property assessment of $219 and taxes assessed at $8; Connect with a Wish, Inc., has a real property assessment of$0 and taxes assessed at$0 and tangible personal property assessment of $480 and taxes assessed at$18; Tsunami Softball Corporation has a real property assessment of 0 and taxes assessed at$0 and tangible personal property assessment of $397 and taxes assessed at$15; and Urban League of Hampton Roads, Inc., has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $2290 and taxes assessed at$85. Copies of the proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800-828- 1120. BEACON:JUNE 7,2015 I I J. ORDINANCES/RESOLUTION 1. Ordinances to DESIGNATE certain real property as TAX EXEMPT: a. Bellissima, Inc. b. Connect With a Wish, Inc. c. Tsunami Softball Corporation d. Urban League of Hampton Roads, Inc. 2. Ordinances to AMEND the City Code: a. Section 2-5 and 8-91 re duties of the Historic Preservation Commission b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section 6-153 re permits to construct, alter or repair landings, docks and similar structures and permits for dredging, filling, etc., in waters, marshlands and lowlands c. ADD Section 33-113.2 re waterway encroachments in Special Service Districts 3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Management Agreement with Tidewater Tennis Center, Inc. re operation and management of Owl Creek Tennis Center b. A Lease between T-Mobile and the City re telecommunications facilities at 616 North Great Neck Road DISTRICT 6—BEACH 4. Ordinance to APPOINT three (3) Viewers re view streets or alleys proposed for closure. 5. Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road from "The Collier Building to "Human Services Witchduck Annex" DISTRICT 4 - BAYSIDE 6. Ordinances re City Appointee Compensation for FY 2015-16: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinances to AMEND: a. The FY 2014-15 Operating Budget re Department of Housing and Neighborhood Preservation 1. $145,088 - TRANSFER of Community Development Block Grant (CDBG) funds 2. $ 25,402 —REDUCE appropriations for the CDBG re decreased revenue 3. $100,000—CORRECT appropriation re "program income" to "federal revenue" b. The Project Scope to EXPAND the "Commonwealth's Attorney Build-Out of Judicial Center" and TRANSFER $102,291 from FY 2014/15 Commonwealth's Attorney Federal/State Seized Assets Special Revenue Fund to complete renovations 8. Ordinances to ACCEPT,APPROPRIATE re Human Services : a. $1,791 FY 2015 Grant Funds from the Virginia Department of Criminal Justice Services b. $100,730 in State revenue and $18,744 local match re additional positions II 1 I 1 ry,p1A S�, •r 1 L 4, i aesp. CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: Ordinances to Designate Bellissima, Inc., Connect With a Wish, Inc., Tsunami Softball Corporation, and Urban League of Hampton Roads, Inc., as Being Exempt from Local Property Taxation MEETING DATE: June 16, 2015 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008. ■ Considerations: The Commissioner of the Revenue has received four applications for tax exemption by designation. The Commissioner has reviewed the applications and finds each meets the City Council policy for Tax Exemption by Designation. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for this item will be held on June 16, 2015, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (4); Commissioner of Revenue Summary of the Application (4); Council Policy Recommended Action: Approval of Ordinances Submitting Department/Agency: Commissioner of the Revenue City Manage k , 1 AN ORDINANCE TO DESIGNATE BELLISSIMA, INC. AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 5 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 6 exemption from local real and personal property taxes to Bellissima, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Bellissima, 12 Inc. as a charitable organization within the context of§6(a)(6) of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Bellissima, Inc. located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Bellissima, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Bellissima, Inc. shall file with the Commissioner of the Revenue 25 a copy of its most recent federal income tax return, or if no such return is 26 required, it shall certify its continuing tax exempt status to the Commissioner of 27 the Revenue; 28 29 (c) that every three years, beginning on January 1, 2019, Bellissima, Inc. shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that Bellissima, Inc. cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records, compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPRO ED AS TO CONTENT: APPROVED AS TO LEGAL SUFFK3t NCY: ( / 4 Co missioner . 'th= 'evenue City At ► p'ey s Office CA13335/ R-1 /April 3, 2015 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Bellissima Inc. 1816 N Alanton Drive Virginia Beach,VA 23454 Website: http://www.bellissimachorale.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Bellissima is the only musical choir of its kind in the Hampton Roads area. It is an auditioned ensemble performing a wide array of music created for women's voices. Musical selections range widely from classical and contemporary sacred and secular music to jazz and the folk songs of many countries and from many traditions. Bellissima is an ensemble that brings the magic of unique sound to various audiences, communities and churches throughout the region. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $218.80 Tax: $8.10 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c)3 status—April 19, 2006 Jun 06 15 09:11a Owner 757-471-7212 p.1 15 -I— 335- 5cV +o . ha m45 -7.1 (1K 11-ii I j ` � DISCLOSURE STATEMENT FORM The comaietion and submission of this form is required for all anniications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Bellissima Inc SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) rAccounang anchor preparer or your ;IN-rairf(,,'�' 61-fit (16: tax return l r Wall NI61-K,t6ZFL:4, it r aa31z Financial Services (include c7:11); iX Qr .t t}‘Kki u j,0 ;"•iL. lending/banking institutions and am current mortgage holders as NI II Legal Services 'Fr Broker/ContractorfEng ineer/Other Service Providers Jun 06 15 09:11a Owner 757-471-7212 p2 CERTIFICATION: I certify that ail of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ( A bike)N,- (0.'6,4 APPLICAN 'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE CONNECT WITH A 2 WISH, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Connect With a Wish, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Connect 13 With a Wish, Inc. as a charitable organization within the context of§ 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Connect With a Wish, Inc. located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Connect With a Wish, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Connect With a Wish, Inc. shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Connect With a Wish, Inc. 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Connect With a Wish, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the terms 36 of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPRO ED AS TO LEGAL SUFFICIE \CY: L / Commissioner r the Revenue y * .rney's Office CA13284/R-1/February 19, 2015 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Connect With A Wish Inc. 2588 Nestlebrook Trail Virginia Beach,VA 23456 Website: http://www.connectwithawish.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Connect With a Wish is a 501(c) (3) organization that was established to assisted the children who have been placed in the city's foster care program on a temporary or permanently basis. The organization focuses on four areas to assist the children in foster care. 1. Wishes,Their primary goal is to fill one wish for each foster child. Case workers identify the children's wishes and pass that information on to the organization. • Some of the types of wishes may be music lessons, ability to join a sports team, clubs, etc., • Volunteers work to procure the items or lessons that the child has requested. 2. Birthday Brigade, Connect with a Wish ensures that every year each child receives a birthday card, cake mix, candles, party supplies and a small gift to recognize their special day. 3. Youth Counseling, Children attend monthly leadership meeting, occasional field trips and receive small motivational gifts. 4. Supporting Success,this is a transitional program designed to help those children leaving the foster care program to become successful and productive adults in our society. Each child who is moving out will be presented with all of the items needed to start out on their own. TAX IMPACT Real Property Assessment: None Tax: None Business Property Assessment: $480.00 Tax: $17.76 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—August 26,2014 DISCLOSURE STATEMENT FORM 4 i The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Connect with a Wish Inc SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER(use additional sheets if S needed) Accounting and/or preparer of your ❑ tax return Financial Services (include ❑ rcrilending/banking institutions and current mortgage holders as applicable) Legal Services 1A CI Broker/Contractor/Engineer/Other ❑ Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ` 6, JJ- at} DVI/ E AP ,LICAVT'S IGNAI'URE E PRINT`-iVA E Conned With a Wish � r n� P.O. Box 6750 ' Virginia Beach VA 23456 connectwithawish@gmail.com connectwithawish.org The following is the accountant for Connect with a Wish: Robert J. Schutrumpf, Jr. CPA Schutrumpf& Koren. PC 2519 Professional Road Richmond, Va. 23235 804-323-4260 Fax 804-330-5754 Robsk-cpa.com The following our lawyer: Alex T. Mayo Jr. Tayss Fletcher 555Main Street 14th floor Norfolk, VA, 23510 Direct Dial 965-1214 (757)625-1214 atmayo@tayss.com Board of Directors Joy Rios-Founder,Connect With a Wish Ralph Rios-President Rios Insurance Nick Russo-Mortgage Banker Robert J.Schutrumpf Jr.,-CPA Michelle Zoby Payne-Ron Zoby Tours 1 AN ORDINANCE TO DESIGNATE TSUNAMI SOFTBALL 2 CORPORATION AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Tsunami Softball Corporation; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Tsunami 13 Softball Corporation as a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Tsunami Softball Corporation located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Tsunami Softball Corporation for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Tsunami Softball Corporation shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Tsunami Softball 31 Corporation shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that Tsunami Softball Corporation cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the terms 36 of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. 4APP' D AS TO CONTENT: ,APPROV` AS TO LEGAL SUFFICIENCY: if i A I ' 41( Co missionel•f rl.e°'Revenue City, : ►-. - Office CA13336/ R-1 / A •ril 3, 2015 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Tsunami Softball Corporation 2620 Rio Grande Court Virginia Beach,VA 23456 Website: none SUMMARY OF NONPROFIT BUSINESS ACTIVITY Tsunami Softball Corporation is a 501(c) (3) recreation girls' softball travel team.The organization provides young girls the opportunity to learn the fundamentals of teamwork, discipline, and good sportsmanship.They provide a safe environment that encourages individual growth,teamwork and to build lasting relationships with others. Players work together to achieve things they would never have thought possible. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $396.80 Tax: $14.68 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c)3 status—July 22, 2014 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Ts=unami Softball Corp SECTION 2. SERVICES DISCLOSURE Are any of the following services beingprovided in connection with the applicant? If the answer to any item., is YES, pleaset identify the firm or individual providing the service x YES NO SERVICE PROVIDER(use addlttonal sheets if needed) 0 Accounting and/or pre/ arer of your tax return Financial Services(.incl '° e 0 6 lending/banning instil ions and current mortgage hard sas applicable) I. ❑ Legal Services A Broker/ContractorjEngiieer/Other Service Providers ;CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i 1 understand I am responsible for updating the information provided herein if it changes prior to the Councilaction upon this Application. PPUCANT'S SIGNATURE 1 PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE URBAN LEAGUE OF 2 HAMPTON ROADS, INC. AS BEING EXEMPT FROM REAL 3 AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Urban League of Hampton Roads, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Urban 13 League of Hampton Roads, Inc. as a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Urban League of Hampton Roads, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Urban League of Hampton Roads, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Urban League of Hampton Roads, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Urban League of Hampton 31 Roads, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that Urban League of Hampton Roads, Inc. cooperate fully with the 35 Commissioner of the Revenue with respect to audit of its financial records, 36 compliance with the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN'CY: Commissione rip he Revenue City A •''ey's Office CA13285/R-1/February 19, 2015 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Urban League of Hampton Roads Inc. 5700 Thurston Ave Suite 101 Virginia Beach, VA 23455 Website: www.ulhr.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY The mission of the Urban League of Hampton Roads is to enable African Americans and others to secure economic self-reliance, parity and power and civil rights. The ULHR implements its mission by providing services and programs in education, employment, health, and housing to Hampton Roads communities through direct services, advocacy, research, policy analysis, community mobilization and collaboration throughout communities. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,289.60 Tax: $84.71 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January, 1979 DISCLOSURE STATEMENT FORM f • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Urban League of Hampton Roads SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) r. Accounting and/or preparer ofe—Sr your tax return G bd rr►.aA. oN "lnk,(5ec. 'icrs 4:) Financial Services (include lending/banking institutions and O t / � `�K �� current mortgage holders as ry-4-,E{ 5'E-' m'L�-- applicable) O l , 0;„ Q' Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4 r , '° J et��, 6ho lis A'' ICANT'S SIGN f',' PRINT NAlitE DATE II rr r4raS��„,,�"A sic Original Proposal oa i 4'72 u 11\ -16.1. a dam-+ :>•:li .. ......„ City Council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption February 3, 2004 Dates of Revisions:May 6,2008 Page I of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the property . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from grantingtax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: II Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6,2008 Page 2 :of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 50I(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from Iocal property taxes by the City Council: I. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or9Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under Iaw and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City CounciI's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. • • Title: City Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .February 3,2004 Dates of Revisions: May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall indude submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. 6/11/2015 8:50 AM Ruth H. Fraser From: Jeryl R. Phillips Sent: Wednesday,June 10, 2015 4:41 PM To: Rosemary Wilson; Ruth H. Fraser;Amelia R. Hammond; Henley Subject: 6/13 City Council: Ordinance re:VB Historical Register Attachments: SM FP52422315061015280.pdf Good Afternoon Councilmembers, I wanted to call to your attention an item that will be in your packet for the June 16 City Council agenda under "Ordinances" pertaining to the Historic Preservation Commission and the VB Historical Register. It is attached for your reference. Mrs.Wilson: I understand that you will still be out of town. This ordinance is a City Code housekeeping item attending to a programmatic change that was jointly endorsed by the Historical Review Board (HRB) and the Historic Preservation Commission (HPC) last year. In brief,the Virginia Beach Historical Register,established by City Council in 1999, has historically been maintained by the Department of Museums and Historic Resources. Applications to it have been made to the Historic Resources Coordinator,who prepared them for consideration and selection for listing by the HRB. The Historic Preservation Commission was subsequently created in 2008 and has a standing Historic Register committee promoting awareness about the Register and encouraging property owners to make application to it. The HRB and HPC have jointly agreed that it makes sense to transfer responsibility for review and selection of applications to the HPC, since it a city-wide program and the HRB is a design- review regulatory body that approves/denies Certificates of Appropriateness in the City's 14 Historic and Cultural Overlay Districts only. Subsequently,with the retirement of the City's Historic Resources Coordinator from the Dept of Museums in February,who provided primary staff support to the HPC, Museums asked the Planning Department to provide staff support to the HPC, as well as maintenance of the Register and processing of Register applications. This ordinance reflects those changes as well,such that applications will be made to the Planning Department. The HPC is anxious to begin administering this program. Mrs. Bernice Pope, HPC Chair,and I will be at the Council agenda meeting to offer a few remarks on this item. Please contact me should you have any questions. I can be reached at 385-8594. I will be out of the office on Thursday and Friday of this week, returning Monday. Thank you. JerjL Rose PhU.l,Ips Jeryl R.Phillips,AICP Comprehensive Planning Coordinator Planning Department—City of Virginia Beach 757-385-4621 (Main) 757-385-8594(Direct) 757-619-0309(Cell) jrphilli@vbgov.com www.vbgov.com/CompPlan 1 (0. 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-5 and 8-91 of the City Code Pertaining to the Duties of the Historic Preservation Commission. MEETING DATE: June 16, 2015 • Background: The City Council established the Virginia Beach Historical Register in 1999 to formally recognize the variety and number of the historic sites and structures found throughout the city using an application process. This program provides property owners who believe their homes or sites to be historical with the tool of evaluation and determination of significance. It also supports property owners interested in properly restoring their historic structures with potential tax exemptions related to the rehabilitation. The Virginia Beach Historical Register is an honorary program that carries no restrictions. Property owners receive a certificate and a bronze plaque to celebrate their listing. Being on the Register does not subject property to design review or any other regulatory process. The City Code established the Department of Museums and Cultural Arts (since renamed "Department of Museums and Historic Resources") as the responsible department, and the Virginia Beach Historical Review Board (HRB) as the body to review and approve/deny Historical Register applications. Since that time the Virginia Beach Historical Preservation Commission (HPC) was established • (2008). The HPC is a City Council-appointed advisory body that works to raise public awareness about historic resources city-wide and promote their preservation; whereas, the HRB is a City Council-appointed regulatory body with design review authority to issue or deny Certificates of Appropriateness in the City's 14 Historic and Cultural Overlay Zoning Districts. The HRB has recommended and approved moving the review and approval/denial function for the Virginia Beach Historical Register applications to the HPC. Similarly, the HPC has approved accepting that function as part of their responsibilities and will create a committee structure and an application review process that would implement that function. In addition, as of February 1, 2015, the Department of Museums and Historic Resources turned over staff support for the HPC to the Department of Planning and desires to transfer the responsibility of maintaining the Historical Register to Planning as well. 1 '1 Virginia Beach Historical Register Page 2 of 2 • Considerations: The proposed City Code change to Section 2-5 adds approval or denial of applications for inclusion on the Virginia Beach Historical Register to the list of duties and responsibilities performed by the Historic Preservation Commission. The proposed City Code change to Section 8-91 moves responsibility for Register maintenance and application intake from the Department of Museums and Historic Resources (formerly Department of Museums and Cultural Arts) to the Department of Planning, and moves the responsibility for Register application approval or denial from the Historical Review Board to the Historic Preservation Commission. The adopted FY15-16 Resource Management Plan provides the Planning Department with additional part-time staff resources to support the Historic Preservation Commission and maintain the Register. • Recommendations: The transfer of responsibility from the HRB to the HPC to approve or deny applications to the Virginia Beach Historical Register is recommended. The Register Program is more closely aligned with the HPC's city-wide preservation advocacy and public outreach mission, and is non-regulatory. The transfer of responsibility for Register maintenance and application intake from the Department of Museums and Historic Resources to the Department of Planning is also recommended. • Attachments: Ordinance Recommended Action: Staff recommends approval. The Historical Review Board and the Historic Preservation Commission have endorsed this request. Submitting Department/Agency: Planning Departm nt, Museums and Historic Resources Department City Manage l4- . 1 AN ORDINANCE TO AMEND SECTIONS 2-5 2 AND 8-91 OF THE CITY CODE PERTAINING 3 TO THE DUTIES OF THE HISTORIC 4 PRESERVATION COMMISSION 5 6 Sections Amended: City Code §§ 2-5 and 8-91 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 2-5 and 8-91 of the City Code are hereby amended and 12 reordained to read as follows: 13 14 Chapter 2 ADMINISTRATION 15 16 ARTICLE I. IN GENERAL 17 18 . . . . 19 20 Sec. 2-5. Historic preservation commission. 21 22 (a) There is hereby created the Virginia Beach Historic Preservation 23 Commission for the purpose of advising city council and the departments of museums 24 and historic resources and planning on all issues related to the preservation of historic 25 buildings, structures, and sites located in the City of Virginia Beach. Such advice shall 26 include, but not be limited to: (1) the terms pursuant to which historic properties are 27 acquired, leased, utilized or sold by the city, and (2) the need for, and criteria for 28 designation of, historic and cultural overlay districts in certain areas of the city and (3) to 29 approve or deny applications for inclusion on the Virginia Beach Historical Register. The 30 mission of the commission shall be to preserve, protect and maintain the historic identity 31 of Virginia Beach and the former Princess Anne County through a program of advocacy 32 and increased public awareness and involvement. 33 34 . . . . 35 36 COMMENT 37 38 This amendment adds the responsibility to approve or deny applications for the Virginia 39 Beach Historical Register to the historic preservation commission. 40 41 Chapter 8 BUILDINGS AND BUILDING REGULATIONS 42 43 . . . . 44 45 ARTICLE IV. VIRGINIA BEACH HISTORICAL REGISTER 46 47 Sec. 8-91. Establishment; standards and procedures for inclusion. 48 49 (a) There is hereby established the Virginia Beach Historical Register (the 50 "register") of buildings, other structures and sites located within the city. The register 51 shall be maintained by the department of museums and cultural arts planning. 52 53 (b) Inclusion on the register shall be voluntary and shall impose no mandatory 54 requirements upon the property or the owners thereof. The removal of a property from 55 the register shall be granted upon request of the owner of such property. 56 57 (c) Applications for inclusion on the register shall be made to the director of 58 • _ _ • _ _ _ _ - _ - planning or his designee, who shall review the information 59 provided in such applications and shall report thereon to the historical review board 60 historic preservation commission; provided, however, that buildings, other structures 61 and sites listed on the National Register of Historic Places or on the Virginia Landmarks 62 Register shall be included on the register upon request of the owner without referral to 63 the historical review board historic preservation commission. 64 65 (d) The historical review board historic preservation commission shall approve 66 or deny applications within one hundred twenty (120) days from the date of submittal, 67 and shall base its decision upon the following standards: 68 69 (1) The property's association with significant events in the history and 70 development of the city; 71 72 (2) The property's association with persons who have made important 73 contributions to the history of the city; 74 75 (3) The extent to which the property embodies principal or distinctive features 76 of an architectural style that represents a specific period in the history of 77 the city; 78 79 (4) Whether the property has yielded or is likely to yield artifacts and other 80 materials important to understanding the city's historical background and 81 context; and 82 83 (5) The age of the property, which shall, absent exceptional historic value, be 84 no less than fifty (50) years. 85 86 (e) The director shall review each property on the register every ten (10) 87 years and shall determine whether such property continues to meet the standards for 88 inclusion on the register. In the event a property no longer, in the opinion of the director, 89 meets such standards, the director shall refer the property to the historical review board 90 historic preservation commission, which shall review the recommendation of the director 91 and shall either continue or remove the property from the register. 92 93 2 94 COMMENT 95 96 This amendment moves the responsibility for the Virginia Beach Historical Register from 97 the department of museums and historic resources to planning and from the historical review 98 board to the historic preservation commission. 99 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: W1161% Ali#1/( /VI( 4,--) Planning oepartment ' City ttorney's Office APPROVED AS TO CONTENT: 0`6 Mus ums and Historic Resources Department CA13354 R-2 May 7, 2015 3 47, 1.11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 6-136, 6-138, 6-139, 6-152 and 6-154 of the City Code and Delete Section 6-153 Pertaining to Permits to Construct, Alter or Repair Landings, Docks and Similar Structures and Permits for Dredging, Filling, Etc., in Waters, Marshlands and Lowlands MEETING DATE: June 16, 2015 • Background: The City Code contains provisions which set forth requirements for construction of waterfront structures, as well as requirements for dredging and filling activities in waterways and areas adjoining waterways in the City. These provisions have been in place in the City Code since 1965, and are designed to address waterfront activities that do not fall under the purview of the City's Wetlands Zoning Ordinance. • Considerations: The proposed revisions and deletion to these sections of the City Code are intended to clarify requirements for those property owners who may be undertaking activities in waterways and areas adjoining waterways in the City. The proposed revisions are also intended to address certain housekeeping requirements to clarify where the authority for these sections of the City Code rests in the City organization. The proposed deletion is specifically intended to address the burdensome nature of bonding requirements for small projects. • Public Information: Public information will be provided through the normal City Council Agenda process. • Recommendations: It is recommended that City Council adopt these revisions and deletion to the City Code as proposed. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Department of Planning Ar..., City Manage�1 'At V ) v 1 AN ORDINANCE TO AMEND SECTIONS 6-136, 2 6-138, 6-139, 6-151, 6-152 AND 6-154 OF THE 3 CITY CODE AND REPEAL SECTION 6-153 4 PERTAINING TO PERMITS TO CONSTRUCT, 5 ALTER OR REPAIR LANDINGS, DOCKS AND 6 SIMILAR STRUCTURES AND PERMITS FOR 7 DREDGING, FILLING, ETC., IN WATERS, 8 MARSHLANDS AND LOWLANDS 9 10 SECTIONS AMENDED: City Code §§ 6-136, 6-138, 6-139, 6- 11 151, 6-152 and 6-154 12 SECTION REPEALED: City Code § 6-153 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 of the City Code are 18 hereby amended and reordained to read as follows and Section 6-153 is hereby 19 repealed: 20 21 ARTICLE VI. PERMIT TO CONSTRUCT, ALTER OR REPAIR LANDINGS, DOCKS 22 AND SIMILAR STRUCTURES 23 24 Sec. 6-136. Required. 25 26 It shall be unlawful for any person to build, erect, construct, alter, extend or repair 27 any landing, wharf, dock, pier, bulkhead, jetty or like structure in the waters, adjacent 28 marshlands and lowlands in the city, without a permit therefef. Any 29 person failing or refusing to obtain such permit shall be guilty of a Class 1 30 misdemeanor. 31 32 COMMENT 33 34 The revisions in this section of the ordinance are housekeeping and provide a better 35 understanding of the provisions of the ordinance. 36 37 . . . . 38 39 40 41 II 42 Sec. 6-138. Fee. 43 44 The application processing fee for a permit required by this article shall be one 45 hundred dollars ($100.00). The fee for a building permit required by this article shall be 46 based on the cost of the construction as provided in section 8-31 (a) of the City Code. 47 48 COMMENT 49 50 The revisions in this section of the ordinance are provide a clearer understanding of the 51 separate fees required. 52 53 Sec. 6-139. Issuance. 54 55 The planning director or his designee shall review an application filed under this 56 article and if, in his opinion, the proposed structure does not encroach upon the rights of 57 others, the water or watercourses are not obstructed and the structure in question 58 conforms to the area and is built in accordance with accepted practices, he shall 59 approve the issuance, by the department of planning , of the permit applied 60 for. 61 62 . . . . 63 64 COMMENT 65 66 The revisions in this section of the ordinance are housekeeping and the department of 67 planning is now the permit issuing authority, rather than the department of public works. 68 69 70 ARTICLE VII. PERMIT FOR DREDGING, FILLING, ETC., IN WATERS, 71 MARSHLANDS AND LOWLANDS. 72 73 Sec. 6-151. Required. 74 75 It shall be unlawful for any person to dredge or carry on any landfill operation or 76 to extend any existing real estate into waters, marshlands or lowlands in the city, 77 without first obtaining a permit therefor. Any person failing or refusing to obtain such a 78 permit shall be guilty of a Class 1 misdemeanor. 79 80 COMMENT 81 82 The revisions in this section of the ordinance are housekeeping and provide a better 83 understanding of the provisions of the ordinance. 2 84 85 Sec. 6-152. Application. 86 87 Any person desiring a permit required by this article shall file an application 88 therefor with the department of planning. Plans accompanying such applications shall 89 be prepared, stamped and endorsed by such qualified professional licensed to practice 90 in the Commonwealth of Virginia as the planning director may require; provided, 91 however, that this requirement may be waived if, in the judgment of the planning 92 director, the nature of the work to be performed renders it unnecessary. 93 94 COMMENT 95 96 The revisions in this section of the ordinance are housekeeping and provide a better 97 understanding of the provisions of the ordinance. 98 99 . . . . 100 101 Sec. 6-153. Reserved. 102 103 ' - -_ .. -- -- - - - - - - -- - - - .- - - - -- - -- -- - 104 - - - - - - -- - - , - - - - -- - -- - -- - , - - -- - .- • - 105 -- - •• . • e- •• - - - - - e -e e e - .. .. ,.e e - - - - . - 106 part thereof. 107 108 COMMENT 109 110 This section has been deleted. Bonds for such small projects are burdensome and 111 ineffective. 112 113 Sec. 6-154. Issuance; conditions of permit; revocation. 114 115 (a) Upon the approval; by the director of planning; or his designee of an 116 application for a permit under this article the permit shall be issued by the department of 117 planning 118 119 (b) In issuing or renewing a permit pursuant to this article, the planning 120 director ef-public werks or his designee may require, as a condition of the permit, any or 121 all of the following in the interest of the public health, safety and welfare: 122 123 (1) That hours of operation be restricted; 124 3 I I 125 (2) That existing trees and other vegetation located along public street 126 frontage or between the site of the operation and adjacent 127 residential areas be preserved and protected; and 128 129 (3) That specific measures be taken to prevent excessive noise, 130 illumination, dust or odor from affecting other properties or the 131 occupants thereof. 132 133 The applicant shall have the right to appeal the denial of any permit or the 134 imposition of any permit condition to the city council within thirty (30) days of the action. 135 136 (c) In the event the director of planning or his designee finds that a proposed 137 dredging or landfill operation may adversely affect the health, safety or welfare of the 138 general public or of occupants of adjacent properties, he may refer the application to the 139 city council, which shall have the authority to impose any or all of the conditions of the 140 permit as are set forth in this section. 141 142 (d) The violation of any of the provisions of this article, or the failure to 143 maintain strict compliance with any of the conditions of a permit issued pursuant to the 144 provisions of this article, shall be grounds for revocation of such permit by the director of 145 public works planning director. Any person continuing any activities requiring a permit 146 under this article after the revocation of such permit shall be guilty of a Class 1 147 misdemeanor. 148 149 COMMENT 150 151 Lines 133-134 clarify that both a denial and the imposition of conditions is appealable to 152 City Council and clarifies that such appeal must be made within 30 days. 153 154 The department of planning is now the permit issuing authority, rather than the 155 department of public works. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. 4 APPROVED S TO , 0 TENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning 1 City Attorney's Office CA11474 R-11 March 2, 2015 5 / G�A7-if;,, ♦4�e^s".� x4ti�G� -,, ...,- CITY i ..CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Add Section 33-113.2 to the City Code Pertaining to Waterway Encroachments in Special Service Districts MEETING DATE: June 16, 2015 • Background: Starting with a Council adopted policy in May 2011, the City has adopted seven special service districts for neighborhood dredging. With these projects moving to the construction phase, staff anticipates an increased number of applications for encroachments into the waterways. • Considerations: The attached ordinance authorizes an administrative approval of encroachments into City waterways for properties in one of the City Council approved special service districts. The application and internal approval process that exists today will continue, and the property owner will be required to execute an agreement that requires insurance and other protections for the City. Additionally, the administrative approval of the encroachment does not absolve the owner from any permit requirements or other approvals such as the Wetlands Board. If the staff denies the application, the property owner may seek to have that denial reviewed by City Council. The ordinance includes a requirement of proof of notice to adjacent property owners, and objections from neighbors that relate to navigation will result in the application following the non-administrative encroachment process. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public WorksRP City Manager K-. '"U 1711, 1 2 AN ORDINANCE TO ADD SECTION 33-113.2 TO 3 THE CITY CODE PERTAINING TO WATERWAY 4 ENCROACHMENTS IN SPECIAL SERVICE 5 DISTRICTS 6 7 SECTION AMENDED: § 33-113.2 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 33-113.2 is hereby added to the Code of the City of Virginia Beach, 13 Virginia, to read as follows: 14 15 Sec. 33-113.2 Administrative approval of temporary encroachments into 16 Neighborhood Dredging Special Service Districts 17 18 (a) City council hereby authorizes the city manager or his designee, upon proper 19 application to the department of public works, to approve any temporary encroachment 20 into city-owned waterways and city-owned property adjacent to waterways for boatlifts, 21 bulkheads, rip-rap, piers, boat-ramps, decks, shoreline stabilization projects, pilings, 22 wharves, and associated walkways and landscaping in any of the council-approved 23 neighborhood dredging special service districts when the following conditions are met: 24 25 (1) The owner has procured any permits required by the city or other applicable 26 regulatory body; and 27 28 (2) The owner has secured approval from any board or body appointed by the 29 city to oversee the general health and welfare of the Chesapeake Bay, wetlands, 30 and any rivers, beaches or waterways; and 31 32 (3) The city attorney or his designee has reviewed and approved the 33 encroachment request for compliance with relevant local ordinances and 34 resolutions, the city code, state law, federal law and regulations, and that 35 adjacent property owners have been notified; and 36 37 (4) The conditions provided by section 33-113.1(a) (1), (2), (3), (4), and (8) of the 38 city code, as amended. 39 40 (b) The requirements provided by Section 33-113.1 (c), (d), (e), and (f), as amended, 41 shall apply to any temporary encroachment provided by this section. 42 43 (c) The application and processing fee for such temporary encroachment shall be 44 provided by section 33-113. 45 46 (d) The applicant shall provide the required 15-foot vegetated riparian buffer area or 47 shall provide payment to the city for offsetting buffer improvements. 48 49 (e) Any application that includes a boathouse is excluded from the authorization for an 50 administrative process set forth by this section. 51 52 (f) The application for such encroachment shall include proof of notice to the adjacent 53 property owner. If an adjacent property owner objects to such application because of 54 navigational concerns, the application shall be excluded from the authorization for an 55 administrative approval set forth by this section. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 00t. 6-1\r Public W rks City Att e ' ice CA13372 R-1 May 29, 2015 1 [ f ti�5 r�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Management Agreement with Tidewater Tennis Center, Inc. for the Operation and Management of Owl Creek Tennis Center MEETING DATE: June 16, 2015 • Background: The City of Virginia Beach (the "City") owns property located at 928 S. Birdneck Road (GPIN: 2416-75-8858) (the "Property"). A portion of the Property is utilized as the Owl Creek Tennis Center, consisting of a Pro Shop, twelve (12) outdoor hard courts, two (2) indoor hard courts and surface parking (the "Facility"). The Facility has been operated by the City of Virginia Beach Parks and Recreation Sports Management Unit. On January 20, 2015, the City issued a Request for Proposals for the operation and management of the Facility (the "RFP"). The RFP Committee evaluated the responses and recommends that the City enter into an agreement with Tidewater Tennis Center, Inc. ("Tidewater Tennis") for the operation and management of the Facility. Tidewater Tennis would operate the Facility as a recreational tennis facility, providing opportunities for citizens and guests, in accordance with the standards of service comparable to other quality tennis centers in the Virginia Beach area. City staff and Tidewater Tennis have negotiated the terms of a management agreement in conformance with the terms and conditions identified in the RFP. • Considerations: The management agreement would be for a term of three (3) years, with two (2) one-year renewal options, upon mutual agreement of the parties. Tidewater Tennis has agreed to pay the City a percentage of gross revenue and the parties have agreed to share certain responsibilities for the maintenance of the Property and the Facility, as specifically set forth in the Summary of Terms attached to the Ordinance. • Public Information: The RFP was advertised on January 20, 2015. Advertisement of City Council Agenda. • Alternatives: Approve the agreement as presented, alter terms of the agreement or decline to enter into the agreement. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreati } City Manager: '' j ' 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MANAGEMENT 3 AGREEMENT WITH TIDEWATER TENNIS CENTER, 4 INC. FOR THE OPERATION AND MANAGEMENT OF 5 OWL CREEK TENNIS CENTER 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 928 8 S. Birdneck Road (GPIN: 2416-75-8858) (the "Property"), known as Owl Creek Tennis 9 Center (the "Tennis Center"); 10 11 WHEREAS, the City determined that it would be in its best interest to seek an 12 outside party to operate, manage and maintain the Tennis Center; 13 14 WHEREAS, on January 20, 2015, the City issued a Request for Proposals for the 15 operation, management and maintenance of the Tennis Center (the "RFP"); 16 17 WHEREAS, the City received and evaluated two (2) responses to the RFP and 18 determined that Tidewater Tennis Center, Inc. ("Tidewater Tennis") was best suited to 19 to manage the Tennis Center in accordance with the specifications of the RFP; 20 21 WHEREAS, the City and Tidewater Tennis have negotiated the terms of an 22 agreement, which sets forth the compensation, obligations and responsibilities of each 23 party in connection with the Tennis Center (the "Management Agreement"); 24 25 WHEREAS, the Management Agreement would be for a term of three (3) years, 26 with two (2) one-year renewal options, upon mutual agreement of the parties; and 27 28 WHEREAS, City staff recommends entering into the Management Agreement 29 with Tidewater Tennis. 30 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized to execute a management 35 agreement, for a term of three (3) years, with two (2) one-year renewal options upon 36 mutual agreement of the parties, between the City of Virginia Beach and Tidewater 37 Tennis Center, Inc., a Virginia corporation, in accordance with the Summary of Terms, 38 attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions 39 or modifications as may be acceptable to the City Manager and in a form deemed 40 satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 43 , 2015. APPROVED AS TO TENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ISA-- tiu Dept. of Parks and Recreation City Attorney CA13223 vbgov.com\DFSIApplications,CityLawProd,cycom3I Wpdocs\D007P007,0005 I13200 R-1 June 5, 2015 EXHIBIT A SUMMARY OF TERMS MANAGEMENT AGREEMENT FOR OWL CREEK TENNIS CENTER OWNER: City of Virginia Beach (the "City") MANAGER: Tidewater Tennis Center, Inc., a Virginia corporation FACILITY: Part of 928 S. Birdneck Road (GPIN: 2416-75-8858), known as Owl Creek Tennis Center TERM: Three (3) years, with two (2) one-year renewal options upon mutual agreement of the parties RIGHTS AND RESPONSIBILITIES OF MANAGER: • The Facility will be used as a recreational facility, providing opportunities for citizens and guests to socialize, learn and enjoy playing tennis, and for no other purpose without the prior written approval of the City. • Manager will provide complete tennis center facility management services, including pro shop, food and beverage, landscape maintenance, and basic court maintenance. • Manager will be responsible for all utilities and maintenance within the Facility area (except snow/ice removal at the entrance area and outdoor court lighting). • Manager shall maintain insurance and be responsible for all applicable taxes and licensing associated with the operation of the Facility. • Manager shall pay a percentage of gross revenue to the City, as follows: Gross Revenue Payment $250,000 and under 1%of the revenue generated up to the first$250,000 $250,001 -$300,000 2%of the revenue generated between$250,001 and$300,000 $300,001 -$350,000 3%of the revenue generated between$300,001 and$350,000 $350,001 and above 4%of the revenue generated at and over$350,001 RIGHTS AND RESPONSIBILITIES OF OWNER/CITY: • Prior to commencement of the Management Agreement, the City shall repair and seal cracks on outdoor courts Page 1 of 2 • Within 6 months of execution of the Management Agreement, the City shall provide a top coat sealant to the indoor courts. • City shall remove snow/ice at the entrance area and maintain and repair the outdoor court lighting within guidelines established by the City's Dept. of Parks and Recreation. • City shall retain the right to use the parking lot for municipal use as deemed necessary. 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Owl Creek Tennis Center — C:t-y-Ow'ne'd Property Location Map 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 • 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. 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: ri REVISIONS SUBMITTED DATE: other unincorporated organization, AND THEN,complete the fo (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Tide(04-Eev ern is (felttee . Prestd - ,Lt LcLacl ,k-/usrfd � / LAISOA -1rcasuirer (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) IJ in •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. ❑ 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. i I 3 .,`° �ir` -' �'�- N� ✓ �;r , ,,, h� '� _.roe-';..r`�• !� � _ f<:: �s,.,0`��,�.,.--....., y yy � 1t M 41,4* 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) Accounting and/or preparer of your tax return Rickard t-t-a ri s ph Architect/Landscape Architect/ — 141k4'' Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed mt purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 4.41 Construction Contractors IM 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. s w" Financing (include current mortgage holders and lenders t3kAz selected or being considered to provide financing for acquisition or construction of the property) Ct CI Legal Services Real Estate Brokers / Agents for pa 4< 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 rt a. 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. Mi att A. itt rar _ DATE APPLICANT'S SIGNATURE 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. [ 40,144, 4-1/2N1:, ,z.„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Lease Between T-Mobile and the City for Telecommunications Facilities at 616 North Great Neck Road MEETING DATE: June 16, 2015 • Background: Since March 2004, T-Mobile Northeast, LLC ("T-Mobile"), has leased from the City a 25' by 25' area on the east side of Great Neck Road at the intersection of West Plantation Road for purposes of maintaining an accessory building housing equipment used in conjunction with certain personal wireless telecommunication facilities placed on an existing Dominion Power transmission tower located adjacent to the area to be leased. The most recent lease of the property expired in March 2015, and T-Mobile desires to enter into a new five — year lease. • Considerations: The proposed lease is for a 25' X 25' area, together with necessary access and maintenance easements, on which the base station housing the necessary equipment associated with the wireless antenna is to be located. The proposed lease is for a term of five (5) years and contains no right of renewal; hence, the proposed lease need not be the subject of a bid process. The proposed first-year rent is $13,709, with annual 3% increases. • Public Information: The public hearing on the proposed lease has been advertised one time, in accordance with applicable requirements of law. • Alternatives: Given that (1) the proposed leased area and equipment building are very small; (2) the operation of the facilities will have no impact on City operations; (3) there have been no complaints from citizens or Staff concerning the presence or operation of the facilities and (4) the City will receive approximately $85,000 during the lease term for what is essentially otherwise unused property, the Staff recommends approval of the lease. • Recommendations: Adoption of ordinance. • Attachments: Ordinance, Summary of Material Terms. A full copy of the lease is available in the City Attorney's Office. Recommended Action: Approval Submitting Departme it/Agency: Public Works/Facilities Management p p %City Manager: 1 AN ORDINANCE TOAWARDA LEASE OF CITY PROPERTY 2 TO T-MOBILE NORTHEAST, L.L.C. FOR THE PURPOSE OF 3 MAINTAINING AND OPERATING WIRELESS 4 TELECOMMUNICATIONS FACILITIES 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 7 located at 616 North Great Neck Road, in the Beach District (the "Property"); and 8 9 WHEREAS, T-Mobile Northeast, L.L.C. ("T-Mobile") has leased a 25'x 25' portion 10 of the Property from the City since March 2004 to operate certain facilities for the purpose 11 of providing wireless telecommunications services to the general public; and 12 13 WHEREAS, T-Mobile desires to continue to lease a portion of the Property,together 14 with easements for vehicular and pedestrian access and for the installation, maintenance 15 and replacement of necessary utilities,wiring, cables and other conduits for the purpose of 16 maintaining and operating the existing wireless telecommunications facilities currently 17 located upon the Property; and 18 19 WHEREAS, the most recent lease has expired as of March 23, 2010, and T-Mobile 20 desires to enter into a new five-year lease upon the same material terms and conditions as 21 the former leases, with an increase in the rent due the City; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That the City Manager is hereby authorized and directed to execute, on 27 behalf of the City, the lease entitled GROUND LEASE AGREEMENT (GREAT NECK 28 DOMINION TOWER) CITY OF VIRGINIA BEACH, LESSOR AND T-MOBILE 29 NORTHEAST LLC, LESSEE DATED MARCH 24, 2015, a summary of the material terms 30 of which lease is hereto attached and a copy of which is on file in the Office of the City 31 Attorney. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI CY: /d / (4)(L . Public Wo s/Facilities Management City Attorney's Office CA13361 R-1 May 14, 2015 T-MOBILE LEASE AGREEMENT Summary of Material Terms Location: 616 N. Great Neck Road (intersection with West Plantation Road), Beach District Lessee: T-Mobile Northeast, LLC Leased Area: 25' x 25' site, with access and maintenance easements for accessory base station (outbuilding housing telecommunications equipment). Antennas are on top of existing Dominion electric transmission tower Term: Five years with no right of renewal Rent: $15,981.84 per year (first year), payable in advance, with annual 3% increase Other: Lessee required to comply with all City ordinances and other requirements Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease Lessee to reimburse City for cost of public notice ,\=417...""*"" t C4 f� i $� * ''v µ.`,j ti 4. CITY OF VIRGINIA BEACH a AGENDA ITEM I ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2015, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 16, 2015 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2015, it is necessary to appoint viewers for one-year terms beginning July 1, 2015. so Public Information: This ordinance will be advertised as a routine agenda item. in Attachments: Ordinance Recommended Action: Approval ,/ Submitting Department/Agency: Department of Planning W City Manager: k I I I 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2015, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2015 and ending June 30, 2016. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2015 and ending June 30, 2016, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. 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: ONIA11.. ,o-444;-d Depart"ent of Planning City Attorney's Offic CA13369 R-1 May 29, 2015 4 =,p) r Y uy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Re-Name the City Building Located at 256-258 N. Witchduck Road from "The "Collier Building" to "Human Services Witchduck Annex" MEETING DATE: June 16, 2015 • Background: The commercial building located at 256-258 N. Witchduck Road was acquired by the City of Virginia Beach on September 9, 2014 through a voluntary sale as part of Phase II of the Witchduck Road widening project. Originally built in 1984, the building has been renovated by the City and outfitted to hold six programs operated by the Department of Human Services (DHS). DHS is planning to move into the building during the month of July 2015. DHS staff moving into the building were given the opportunity to vote on a new name for the building and selected "Human Services Witchduck Annex". • Considerations: The City spent six months renovating the property at 256-258 N. Witchduck Road, creating a new office space for many DHS employees and the residents of the community to be served. As a way of generating a sense of ownership and excitement among DHS staff, the employees of programs moving to 256-258 N. Witchduck participated in several pre-move activities, including the selection of a name they felt aptly described the building to the residents of the community: Human Services Witchduck Annex. Pursuant to City Administrative Directive 3.19, "City Facility Naming Directive", the City Manager shall present to City Council for approval and subject to Council amendment, the proposed name of the subject facility, whose name should reflect the geographic area where the facility is located, the name of the department(s) occupying the facility, the purpose of the facility or something of historical significance related to the facility, or any combination thereof. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Resolution • Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: Department of Human Services P City Manager: k 1 A RESOLUTION TO RE-NAME THE CITY BUILDING 2 LOCATED AT 256-258 N. WITCHDUCK ROAD FROM 3 "THE COLLIER BUILDING" TO "HUMAN SERVICES 4 WITCHDUCK ANNEX" 5 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council approves the change in name for the City building located at 10 256-258 N. Witchduck Road from "The Collier Building" to "Human Services Witchduck 11 Annex." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUER_ - NCY: f g/`ILL; tel-t � Budget and Management Services City At me office CA13377 R-1 June 3, 2015 rNAO-.1 G�� 0‘`:: ,,,,,) is "'; CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 16, 2015 • Background: City Charter § 3.05 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. All of the appointees were Virginia Retirement System ("VRS") members prior to July 1, 2010. State law mandates that the City require City employees who became VRS members prior to July 1, 2010, to make member contributions in an amount equal to five percent of their VRS total creditable compensation, and it requires the City to increase those employees' VRS total creditable compensation by the same percentage. The law allows the City to phase in the changes over a five-year period, and City Council required those employees in 2012 to make member contributions equal to one percent of their VRS total creditable compensation and also provided an increase to that compensation for each employee in the same amount. The one percent annual phasing in continued in 2013 and 2014, and this year, effective July 1, 2015, those employees will be required to contribute an additional one percent (for a total of four percent) of their VRS total compensation, and the employees will also receive the additional one percent increase mandated by state law. The budget ordinances adopted by City Council in May 2015 also provide, for all full- time employees, salary increases of .34%, effective with the pay period that includes July 1, 2015, and 2.66%, effective with the pay period that includes October 1, 2015. • Considerations: The attached ordinances make no changes to the appointees' salaries other than those required by the state law regarding VRS member contributions and the .34% and 2.66% salary increases that City Council previously approved for all full-time City employees. The amounts of insurance premiums paid on behalf of the City Manager will increase based on annual changes to the premiums. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, City Council adopted a similar ordinance, effective with the pay 28 period that includes July 1, 2015, (1) to require City employees who became VRS 29 members prior to July 1, 2010, to make member contributions in an amount equal to 30 four percent of their VRS total creditable compensation; and (2) to increase those 31 employees' VRS total creditable compensation by an additional one percent; and 32 33 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 34 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 35 effective with pay period that includes October 1, 2015; and 36 37 WHEREAS, the VRS total creditable compensation for the City Manager includes 38 his salary as well as the value of the City's contributions to his deferred compensation 39 plan and, as set forth in his employment contract, the City-paid premiums for his family 40 medical and dental insurance and long-term care insurance. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the current base annual salary of the City Manager is $ 241,416.72; 46 his car allowance is and shall remain at $12,000 annually; the City's contribution to his 47 deferred compensation plan is and shall remain at $20,500 annually; and, in 48 accordance with his employment contract, the City shall continue to pay the total I I 49 premium for his family health and dental insurance, and the City shall also pay the full 50 premium for the City Manager's long term care insurance. 51 52 2. That, beginning July 1, 2015, as required by state law and in accordance 53 with budget ordinances adopted by City Council in May 2015, the City Manager shall 54 pay, on a salary-reduction basis, VRS member contributions in an amount equal to four 55 percent of his VRS total creditable compensation, and his base salary as set forth in 56 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 57 in an amount equal to one percent of his VRS total creditable compensation. 58 59 3. Along with all other full-time City employees, the City Manager shall also 60 receive a salary increase of .34%, effective with the pay period that includes July 1, 61 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: 7Z0 City Attorney's Offic CA13383 R-2 June 10, 2015 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, City Council adopted a similar ordinance, effective with the pay 29 period that includes July 1, 2015, (1) to require City employees who became VRS 30 members prior to July 1, 2010, to make member contributions in an amount equal to 31 four percent of their VRS total creditable compensation; and (2) to increase those 32 employees' VRS total creditable compensation by an additional one percent; and 33 34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 36 effective with pay period that includes October 1, 2015; and 37 38 WHEREAS, the VRS total creditable compensation for the City Attorney includes 39 his salary as well as the value of the City's contributions to his deferred compensation 40 plan. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the current base annual salary of the City Attorney is $203,272.56, 46 the City's contribution to his deferred compensation plan is and shall remain at $10,000 47 annually, and his car allowance shall be $10,000 annually. 48 49 2. That, beginning July 1, 2015, as required by state law and in accordance 50 with budget ordinances adopted by City Council in May 2015, the City Attorney shall 51 pay, on a salary-reduction basis, VRS member contributions in an amount equal to four 52 percent of his VRS total creditable compensation, and his base salary as set forth in 53 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 54 in an amount equal to one percent of his VRS total creditable compensation. 55 56 3. Along with all other full-time City employees, the City Attorney shall also 57 receive salary increases of .34%, effective with the pay period that includes July 1, 58 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13387 R-3 June 11, 2015 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, City Council adopted a similar ordinance, effective with the pay 28 period that includes July 1, 2015, (1) to require City employees who became VRS 29 members prior to July 1, 2010, to make member contributions in an amount equal to 30 four percent of their VRS total creditable compensation; and (2) to increase those 31 employees' VRS total creditable compensation by an additional one percent; and 32 33 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 34 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 35 effective with pay period that includes October 1, 2015; and 36 37 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 38 only her salary. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 1. That the current base annual salary of the City Clerk is $114,355.44, and 44 her car allowance is and shall remain at $10,000 annually. 45 46 2. That, beginning July 1, 2015, as required by state law and in accordance 47 with budget ordinances adopted by City Council in May 2015, the City Clerk shall pay, 48 on a salary-reduction basis, VRS member contributions in an amount equal to four 49 percent of her VRS total creditable compensation, and her base salary as set forth in 50 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 51 in an amount equal to one percent of her VRS total creditable compensation. 52 53 3. Along with all other full-time City employees, the City Clerk shall also 54 receive salary increases of .34%, effective with the pay period that includes July 1, 55 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offici CA13384 R-1 June 9, 2015 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1,2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, City Council adopted a similar ordinance, effective with the pay 29 period that includes July 1, 2015, (1) to require City employees who became VRS 30 members prior to July 1, 2010, to make member contributions in an amount equal to 31 four percent of their VRS total creditable compensation; and (2) to increase those 32 employees' VRS total creditable compensation by an additional one percent; and 33 34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 36 effective with pay period that includes October 1, 2015; and 37 38 WHEREAS, the VRS total creditable compensation for the City Real Estate 39 Assessor includes his salary as well as the value of the City's contributions to his 40 deferred compensation plan. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the current base annual salary of the City Real Estate Assessor is 46 $132,603.84, and the City's contribution to his deferred compensation plan is and shall 47 remain at $4,000 annually. 48 49 2. That, beginning July 1, 2015, as required by state law and in accordance 50 with budget ordinances adopted by City Council in May 2015, the City Real Estate 51 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an 52 amount equal to four percent of his VRS total creditable compensation, and his base 53 salary as set forth in paragraph 1 shall be increased effective with the pay period that 54 includes July 1, 2015, in an amount equal to one percent of his VRS total creditable 55 compensation. 56 57 3. Along with all other full-time City employees, the City Real Estate 58 Assessor shall also receive a salary increase of .34%, effective with the pay period that 59 includes July 1, 2015, and 2.66%, effective with the pay period that includes October 1, 60 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: Zrie/ke.e/-4 fEr City Attorney's 0 CA13386 R-1 June 9, 2015 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, City Council adopted a similar ordinance, effective with the pay 29 period that includes July 1, 2015, (1) to require City employees who became VRS 30 members prior to July 1, 2010, to make member contributions in an amount equal to 31 four percent of their VRS total creditable compensation; and (2) to increase those 32 employees' VRS total creditable compensation by an additional one percent; and 33 34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 36 effective with pay period that includes October 1, 2015; and 37 38 WHEREAS, the VRS total creditable compensation for the City Auditor consists 39 of only his salary. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 1. That the current base annual salary of the City Auditor is $113,111.04, 45 and his car allowance is and shall remain at $6,000 annually. 46 I I 47 2. That, beginning July 1, 2015, as required by state law and in accordance 48 with budget ordinances adopted by City Council in May 2015, the City Auditor shall pay, 49 on a salary-reduction basis, VRS member contributions in an amount equal to four 50 percent of his VRS total creditable compensation, and his base salary as set forth in 51 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 52 in an amount equal to one percent of his VRS total creditable compensation. 53 54 3. Along with all other full-time City employees, the City Auditor shall also 55 receive salary increases of .34%, effective with the pay period that includes July 1, 56 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA13385 R-1 June 9, 2015 ,-6:-: 4-,,,I..,.•akJJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend the FY 2014-15 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: June 16, 2015 • Background: The Department of Housing and Neighborhood Preservation is requesting the following adjustments to its current year operating budget. These changes are required in order to move funds into accounts where they can be expended in accordance with regulations, adjust accounts to realized revenue and adjust one accounting entry in regard to the correct categorization of funds received. The proposed changes are: to transfer $145,088 of Community Development Block Grant Funds (CDBG) from the Community Development Fund to the Community Development Loan and Grant Fund to allow such funds to be utilized for Housing Development Projects/activities; to reduce appropriations for the CDBG by $25,402 due to realized program income revenue being less than anticipated; and to correction CDBG revenue source supporting an appropriation of $100,000 from "program income" to "federal revenue." • Considerations: These actions allow for usage of unexpended CDBG funds for Housing Development projects and activities as well as facilitate closure/completion of grants. • Public Information: Public information will be coordinated through the regular Council agenda notification process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval , !!lik i ili i Submitting Department/Agency: Departrrmtnt`E` `Is sing and Neighborhood Preservation City Manage • g%�� 1 11 1 AN ORDINANCE TO AMEND THE FY 2014-15 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The FY 2014-15 Operating Budget of the Department of Housing and Neighborhood 9 Preservation is hereby modified for the amounts and purposes set forth below: 10 11 1. $145,088 of Community Development Block Grant (CDBG) funds is hereby 12 transferred from the Community Development Fund to the Community 13 Development Loan Grant Fund, with federal revenue increased accordingly; 14 15 2. Revenues from program income and appropriations of $25,402 for CDBG are 16 hereby reduced to reflect revenues below anticipated levels; and 17 18 3. The revenue sources for the CDBG Program are hereby amended to increase 19 federal revenues by $100,000 with a corresponding decrease in program 20 income. 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 S U CY: ',9 , /IA) , . 7A,cLi C i ,7 Budget and Management Servic s City ne ' ice CA13374 R-1 June 1, 2015 C ,-1,16'.4-4-s, 4\ f. �Z " f ) I ��Y CITY OF VIRGINIA BEACH AGENDA ITEM J __ ITEM: An Ordinance to Amend the Project Scope of Capital Project #3-201, "Commonwealth's Attorney Build-Out of Judicial Center" and to Transfer Funds from the FY2014-15 Commonwealth's Attorney Federal/State Seized Assets Special Revenue Fund to Project #3-201 to Complete Renovations on the Second Floor of Judicial Center MEETING DATE: June 16, 2015 • Background: Capital Project #3-201, "Commonwealth's Attorney Build-Out of Judicial Center" was approved as part of the FY 2011-12 Capital Improvement Program. It was funded with $441,898 from the fund balance of the Commonwealth's Attorney (CWA) DEA Seized Property Special Revenue Fund. The initial scope was a renovation of ground floor shell space in the Judicial Center for use by the CWA. Now that staff members (administrative support team, investigative team, technology team, and file room team) have moved to the ground floor, the CWA is ready to begin renovations on the second floor. The second floor improvements include adding a conference room where the old supply room was, a new technology/interactive training room where the file room was, and the reorganization of existing staff offices/cubicles to meet current/future organizational needs. There is a remaining balance in the Project of $72,709 and estimated costs for the 2nd floor renovation work are expected to reach $175,000 based on a written estimate provided by an architectural and engineering firm. This will require a transfer of funds in the amount of $102,291 to cover the estimated project costs. ■ Considerations: This renovation project is an authorized use of the CWA Federal/State Seized Assets Special Revenue Fund and no city funding will be used. Funds are available for this transfer. As of May 26, 2015 the balance available in the FY 2014-15 CWA's Federal/State Seized Assets portion of the Operating Budget is $341,979. The capital project scope will require expansion to add the second floor renovations as follows (see underlined text): "This project will renovate areas of the first and second floors and build-out and renovate areas of the ground floor of the Judicial Center that are occupied by the Office of the Commonwealth's Attorney (CWA) and Community Corrections/Pre-trial (CCP). It will consolidate CWA staff on the ground floor and CCP staff on the first floor. CCP will take over the offices currently occupied by the CWA on the first floor. CWA will take over the existing offices that are currently housing CCP employees on the ground floor, as well as building out the vacant shell area on the ground floor to create offices to house staff moving down from the first floor. In addition, design changes will separate Victim/Witness areas and CCP offenders' waiting areas; they now cross paths with each other. Additional storage areas, a break room, technology/interactive training room, and conference room/meeting areas are also part of this project." • Public Information: Public information will be handled through the normal Council agenda process. • Recommendation: Adopt the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: k-, 1 AN ORDINANCE TO AMEND THE PROJECT SCOPE OF 2 CAPITAL PROJECT #3-201, "COMMONWEALTH'S 3 ATTORNEY BUILD-OUT OF JUDICIAL CENTER" AND TO 4 TRANSFER FUNDS FROM THE FY2014-15 5 COMMONWEALTH'S ATTORNEY FEDERAL/STATE 6 SEIZED ASSETS SPECIAL REVENUE FUND TO 7 PROJECT #3-201 TO COMPLETE RENOVATIONS ON 8 THE SECOND FLOOR OF THE JUDICIAL CENTER 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. The project scope of Capital Project #3-201, "Commonwealth's Attorney 14 Build-Out of Judicial Center," is hereby be expanded to include renovation of the 15 Commonwealth's Attorney's portion of the second floor to add a conference room, 16 technology/interactive training room, and reorganization of existing staff offices/cubicles 17 to meet current and future organizational needs; and 18 19 2. $102,291 is hereby transferred from the FY2014-15 Commonwealth's 20 Attorney Federal/State Seized Assets Special Revenue Fund to Capital Project #3-201 21 to provide the remaining funds to cover the cost of the second floor renovation. 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: APPOROVED AS TO LEGAL SUFFICIENCY: Budget and Management -ervices City Attar y's ffice CA13373 R-1 May 29, 2015 44..,.,,4.-I--.,,Lim (o '7 (Pd :pyj r4i1^+'y fu CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Additional FY 2015 Grant Funds for the Community Corrections and Pretrial Programs and to Transfer City Funds MEETING DATE: June 16, 2015 • Background: Since FY 1995-96 the City received a Community Corrections and Pretrial Grant authorized by the Comprehensive Community Corrections Act and Pretrial Services Act from the Virginia Department of Criminal Justice Services (DCJS). The Community Corrections Program provides sentencing alternatives to incarceration for persons convicted of certain misdemeanors or non-violent felonies for which sentences would be 12 months or less in a local or regional jail. The Pretrial Program provides information and investigative services to judicial officers (judges and magistrates) to help them decide whether persons charged with certain offenses and awaiting trial need to be held in jail or can be released to their communities subject to supervision. The number of cases has grown from 1,211 in FY 2013, to 1,349 in FY 2014 and 1,404 in FY 2014-15. This is a biennial grant covering July 1, 2014 through June 30, 2016, which encourages, but does not require a grant match. It is included as part of the City's annual budget process. While the current budget (FY15) already includes substantial funding from DCJS, the actual annual State grant amount awarded for FY 2014-15 and FY 2015-16 is above that amount. • Considerations: Due to the increased State funding, adjustments are required to Human Services' FY 2014-15 Operating Budget. State funding should increase by $1,791 from $1,126,069 to $1,127,860, and City funding should decrease by $1,791 from $462,403 to $460,612 in FY 2014-15. With this adjustment, the City will still be providing a larger grant match than what was estimated in the original grant application ($427,622). The $1,791 in City funding will be returned to the General Fund Reserve for Contingencies, which has a balance of $431,208 as of May 28, 2015. The additional State funds will be used for contracted manpower to supplement full-time staff and medical supplies used for drug testing given the increase in caseload. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services °0 �i City Managers k'160ear, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FY2015 GRANT FUNDS FOR THE 3 COMMUNITY CORRECTIONS AND PRETRIAL PROGRAMS 4 GRANT AND TO TRANSFER CITY FUNDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 (1) $1,791 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated,with estimated state revenues increased accordingly, 11 to the FY 2014-15 Operating Budget of the Department of Human Services for 12 the Community Corrections and Pretrial Program; and 13 14 (2) $1,791 is hereby transferred from the FY2014-15 Operating Budget of the 15 Department of Human Services to the General Fund Reserve for Contingencies. 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: qui Budget and Management Servides C' • 'ey's Office CA13378 R-1 June 3, 2015 I 1~#, ` Z74 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Additional FY 2015-16 Virginia Department of Social Services Funding and to Authorize Two Full-Time Eligibility Worker I Positions MEETING DATE: June 16, 2015 • Background: The Virginia General Assembly appropriated $5.6 million in FY 2015-16 to the VDSS to add approximately 93 new Eligibility Worker positions to local departments of Social Services statewide. The role of an Eligibility Worker is to act as the first contact for individuals seeking public assistance. Eligibility Workers interview applicants and facilitate the completion of numerous forms and applications in order to process requests for assistance including SNAP (food stamps), Medicaid and Social Security benefits. • Considerations: The Department of Human Services (DHS) has been allocated $100,730 in increased State funding to support additional Eligibility Worker positions. Combined with the required local match of $18,477, the department can support two new Eligibility Worker I FTEs. The Department will find savings to support the local match portion and is not requesting any additional General Fund dollars. Notification of funding for the additional FTEs was issued by the State on March 30, 2015, which was too late to include in the Proposed Budget for Council. The addition of two new Eligibility Workers will assist with equalizing caseloads within the department, enable more efficient application processing, and get benefits distributed to Virginia Beach citizens in need of assistance more quickly. There are 106 combined Eligibility Worker I and II FTEs in the FY 2015-16 DHS budget. This request will bring that number up to 108. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:\i I ": ZI)Iriz 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FY 2015-16 VIRGINIA DEPARTMENT OF 3 SOCIAL SERVICES FUNDING AND TO AUTHORIZE 4 TWO FULL-TIME ELIGIBILITY WORKER I POSITIONS 5 6 BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $100,730 in State revenue from the Virginia Department of Social Services is 10 hereby accepted and appropriated, with estimated State revenues increased 11 accordingly, to the FY 2015-16 Operating Budget of the Department of Human 12 Services; 13 14 2. $18,744 is hereby transferred within the FY 2015-16 Operating Budget of the 15 Department of Human Services to provide funding for additional positions in the 16 Benefit Program Unit; 17 18 3. Two full time Eligibility Worker I positions are hereby authorized in the Benefit 19 Program Unit of the Department of Human Services; and 20 21 4. This ordinance shall be effective July 1, 2015. 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: ►• ove• a • Let al Sufficiency: LD4c., 7 �Budget aageme Services Cit A ' ey' Office CA13379 R-1 June 3, 2015 I i K. PLANNING 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. CHECKERED FLAG STORE #5 and CHECKERED FLAG MOTOR CAR COMPANY for a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a Modification of Conditions of a Conditional Use Permit (approved May 23, 1988 and modified October 24, 2006) re an addition to the existing building at 5225 Virginia Beach Boulevard DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 3. RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification of Conditions (approved November 17, 1980 and Modified July 14, 1998) re a car wash at 1108 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market at 873 Little Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re housing for seniors and disabled persons between Shore Drive and Ocean Shore Avenue at Cherry Tree Place DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 6. CITY OF VIRGINIA BEACH Ordinances to: a. REFERENCE the Green Sea Blueway and Greenway Management Plan as a component of the Comprehensive Plan b. AMEND Section 801 of the City Zoning Ordinance (CZO) to ALLOW Veterinary establishments as a permitted use in the Office Districts RECOMMENDATION: APPROVAL 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,June 16,2015 at 6:00 PM at which time the following applications will be heard: DISTRICT 5-LYNNHAVEN KING'S GRANT BAPTIST CHURCH(Applicant&Owner),Conditional Use Permit(Open Air Market),873 Little Neck Road DISTRICT 7-PRINCESS ANNE. MCQ BUILDERS,LLC-1(Applicant)/B.H.VINELAND,LLC(Owner),Change in Non- Conformity,1046&1050 Old Dam Neck Road&1037 Dam Neck Road DISTRICT 5-LYNNHAVEN GREYSTAR GP II, LLC (Applicant) / THE TERRY COMPANIES FIVE, LLC (Owner), Conditional Use Permit(Housing for Seniors).Site is located between Shore Drive and the western terminus of Ocean Shore Avenue CITY OF VIRGINIA BEACH-An Ordinance to Adopt by Reference the Green Sea Blueway and Greenway Management Plan as a component of the Comprehensive Plan. DISTRICT 2-KEMPSVILLE CHECKERED FLAG STORE#5(Applicant)/CHECKERED FLAG MOTOR CAR COMPANY (Owner),(A)Modification of Proffers of a Conditional Zoning approved by the City Council on October 24,2006;and(B)Modification of Conditions of a Conditional Use Permit for motor vehicle sales,originally approved by the City Council on May 23, 1988, and last modified on October 24, 2006. The purpose of the requested modification is to construct an addition to the front of the existing building.5225 Virginia Beach Boulevard. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 801 of the City Zoning Ordinance to Allow Veterinary Establishments as a Permitted Use in the Office Districts. DISTRICT 5-PRINCESS ANNE RIO LYNNHAVEN, LLC (Applicant) / LYNNHAVEN INVESTMENTS, LLC (Owner), Modification of Conditions for a car wash,originally approved by the City Council on November 17,19 ,and subsequently modified on July 14,1998.1108 Lynnhaven Parkway Ruth Hodg er,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.vbgov.com/Dc 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 3854303. BEACON:MAY 31&JUNE 7,2015 4 .. rh An� o ' N>44st 8 46.) /7 i Nt4,44, /et..*''. pm* 1 C. — CNIt %oft, 4 , ...., CO) V Ul, C. , i .. Q -ms's �f Cil O . W ` 'c v - 47:4‘4%,•,,i„ ry4,, _ y b C / k p 0 ------- -7.---'-‘-.4 1C-------__ cl o -:-Z-' " o Z _ ?kir Q,C` c Z / 4"----, co" : ... ,-, a - o 0 ►41) cti ,_ : W O� f �r OO� �a %' N(0.41,1 .r...„7. 8:',...:::!--:: v _18 o 1 �'""�`-, . �b �p -1 c ,, 'Hwy a I , 5.t,,, 'sI CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing the Conversion of a Nonconforming Use on Property Located at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road (GPIN 24156520060000; 24156408450000; 24156522050000). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: June 16, 2015 • Background: On April 7, the City Council deferred this application, expressing concerns about the infrastructure that was being proposed with the development. The City Council, noting the continuing history of infrastructure problems in a number of condominium residential developments developed in the past, requested that the applicant reconsider the proposal to ensure the infrastructure met City Standards. Subsequently, the applicant has met with City staff on several occasions, and has provided staff with a letter discussing the infrastructure issues. The letter, attached to this report, concludes with the following: We [applicant's development team] believe that these three measures: (1) construction of the sanitary sewer and water within public easements and meeting City standards; (2) construction of the storm drainage system to meet City standards; and (3) construction of the street pavements to meet City standards of thickness and traffic loading, but not horizontal geometric requirements; should alleviate the reasonable concerns of City Council and City Staff that the proposed development could become a maintenance and financial burden on the City in the distant future. It is the intent of the applicant to demolish structures currently located on three existing parcels for the purpose of redeveloping the site for 12 single-family residential units in a condominium form of ownership. The three parcels are zoned AG-2 Agricultural District. The three parcels contain 12 dwelling units in five separate structures, which are described in greater detail in the attached staff report. • Considerations: Section 401 of the Zoning Ordinance lists uses that are allowed as permitted or conditional uses (requires a Use Permit) within the AG-2 District. Per Section 401 CONVERSION OF A NONCONFORMING USE — 1046 & 1050 DAM NECK ROAD Page 2 of 3 only one principal single-family dwelling is permitted per lot. Thus, the current use of the three parcels is nonconforming. 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." Additional details pertaining to the site plan and building designs are provided in the attached report. • Recommendations: Staff concludes that the proposed conversion 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. The site shall be developed substantially in conformance with the submitted plan entitled "CHANGE IN NONCONFORMITY APPLICATION EXHIBIT, STRAWBRIDGE MEADOWS" dated February 2, 2015. 2. The residential dwellings to be constructed on the lot shall be substantially in conformance with the submitted rendered elevation drawings entitled "BUILDING EXHIBIT, STRAWBRIDGE MEADOWS," dated February 2, 2015. 3. Per letter dated May 28, 2015, from Mr. Brad Martin, the development shall include the following: (1) construction of the sanitary sewer and water within public easements and meeting City standards; (2) construction of the storm drainage system to meet City standards; and (3) construction of the street pavements to meet City standards of thickness and traffic loading. • Attachments: Staff Review and Disclosure Statement Letter from Mr. Brad Martin (dated May 28, 2015) Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Departmen City Manager: S \L • � 1 A RESOLUTION AUTHORIZING THE CONVERSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 1046 AND 1050 OLD DAM NECK ROAD AND 1037 DAM 4 NECK ROAD 5 6 WHEREAS, McQ Builders, LLC-1 (hereinafter the "Applicant") has made 7 application to the City Council for authorization for the conversion of a nonconforming 8 use located at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road in the 9 AG-2 Zoning District by replacing 12 nonconforming dwellings units located in multiple 10 structures on three parcels with 12 single-family dwellings in a condominium form of 11 ownership; and 12 13 WHEREAS, this lot currently contains 12 dwelling units in five buildings on three 14 lots, which is not allowed in the AG-2 Agricultural District; however, the dwellings were 15 built prior to the adoption of the applicable zoning regulations and are therefore 16 nonconforming; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 19 conversion of a nonconforming use is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed use, as converted, will 21 be equally appropriate or more appropriate to the 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 converted, 27 will be equally appropriate to the district as is the existing nonconforming use under the 28 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 conversion of the nonconforming use is hereby authorized, upon the 34 following conditions: 35 36 1. The site shall be developed substantially in conformance with the submitted plan 37 entitled "CHANGE IN NONCONFORMITY APPLICATION EXHIBIT, 38 STRAWBRIDGE MEADOWS" dated February 2, 2015. 39 40 2. The residential dwellings to be constructed on the lot shall be substantially in 41 conformance with the submitted rendered elevation drawings entitled "BUILDING 42 EXHIBIT, STRAWBRIDGE MEADOWS," dated February 2, 2015. 43 44 3. Per letter dated May 28, 2015, from Mr. Brad Martin, the development shall 45 include the following: (1) construction of the sanitary sewer and water within 46 public easements and meeting City standards; (2) construction of the storm I I I 47 drainage system to meet City standards; and (3) construction of the street 48 pavements to meet City standards of thickness and traffic loading. 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: 01112.1r (d ALI; N . Plana.� apartment City Attorney's Office CA13331 R-2 June 3, 2015 2 Martin Engineering Civil Solutions May 28, 2015 RECEDED itfAy 28 lose, Stephen J.White, Ph.D.,AICP CURREm PiANN Current Planning Evaluation Coordinator 1NG Department of Planning Room 115,Building 2 Municipal Center 2405 Courthouse Drive Virginia Beach Virginia 23456 RE: McQ Builders,LLC-1/B.H.Vineland,LLC- Change in Non-Conformity 1046 and 1050 Old Dam Neck Road, 1037 Dam Neck Road ME Project#VB14-637 Dear Dr. White: The developer of the project has worked diligently to address the concerns discussed among the Council and City staff regarding the proposed 12-unit single-family condominium development. We are confident that our discussions with Staff in Planning, Public Works,and Public Utilities have been productive. Based on the concern that the utilities and other infrastructure we intend to construct might suffer from disrepair and neglect in the future if they were to remain private,the developer has agreed to construct the proposed utilities(water supply and sanitary sewer)to meet City standards for public utilities,and further,to dedicate a public easement over those proposed utilities which will enable the City to maintain them in good working order. In addition,the storm sewer infrastructure,primarily the underground piping and storm drainage structures,will also be built to public standards with regard to installation and construction materials. While the proposed storm drainage system will not be contained within a public easement,the construction to City standards will provide assurances that the drainage system should remain operable and in good shape long into the future. Finally,although the space limitations and other characteristics of the proposed project can't accommodate the customary geometric design regulations of public streets,the developer has also agreed to construct the proposed roadway pavement to the same depth and construction materials as would be required of a public street. Combined with the low volume of traffic expected within the development, this higher standard of design and construction will ensure that the pavement should enjoy a long and maintenance-free life. 1060 lynnhaven Parkway (757) 689 - 4840 Suite 111 fax (757) 689 - 4841 Virginia Beach, Virginia 23452 info mart-eng.com Stephen J. White, Ph.D.,AICP;Current Planning Evaluation Coordinator;Department of Planning RE: McQ Builders,LLC-1/B.H.Vineland,LLC-Change in Non-Conformity 1046 and 1050 Old Dam Neck Road, 1037 Dam Neck Road ME Project#VB14-637 May 28, 2015 page 2 of 2 We believe that these three measures: (I)construction of the sanitary sewer and water within public easements and meeting City standards; (2)construction of the storm drainage system to meet City standards; and(3)construction of the street pavements to meet City standards of thickness and traffic loading,but not horizontal geometric requirements; should alleviate the reasonable concerns of City Council and City Staff that the proposed development could become a maintenance and financial burden on the City in the distant future. We are confident that the developer's commitment to these measures has addressed the concerns and that the Change in Non-Conformity application is in order for Council approval. Please don't hesitate to contact me if you have any questions or need additional information. Sincerely yours, Martin Engineering Brad Martin, P. E. fllrO PRINCESS ANNE June 16, 2015 City Council Va'L-1O Mel Builders L.L.C.-1 Hearing -� i >75 B Lein APPLICANT: ,il � a B2" i MCQ BUILDERS, p� y6 DAM NECK ROAD AM LLC-1 it t3� ,A 2 ' / R10 PROPERTY OWNER: AG2 .-4a1Z` B. H. VINELAND ,>75 dB Ld Rs). 714' ip _AG2 i (iti Non Conforming Use REQUEST: Conversion of Nonconforming Use ADDRESSES/DESCRIPTION: 1046 and 1050 Old Dam Neck Road, 1037 Dam Neck Road GPINS: ELECTION SITE SIZE: AICUZ: 2415640845, 2415652006, and DISTRICT: 2.58 acres Greater than 75 dB 2415652205 PRINCESS ANNE DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background It is the intent of the applicant to demolish structures currently located on three parcels, as described below, for the purpose of redeveloping the site for 12 single-family residential units in a condominium form of ownership. PARCEL 1 / 1037 Dam Neck Road Parcel 1 (see map below) is occupied by a one-story, single-family residence. The lot was platted in 1951 as part of a subdivision of the majority of the existing lots now located between Dam Neck Road and Old Dam Neck Road (MB 29, PG 39). The house was constructed in 1951. The site is nonconforming with regard to lot width, front, rear, and east side yard setbacks, and lot size. MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 1 r PARCEL 2/ 1046 Old Dam Neck Road The parcel is addressed from Old Dam Neck Road; however, the lot has street - ,, frontage only on Dam Neck Road. Vehicles currently access the site from a ,� :tii,.� curb cut on Dam Neck Road, and by 44', • : 0 crossing through 1050 Old Dam Neck . �`1 , Road (Parcel 3 on the map). The lot is arranged as a flag lot, and contains two '.. .---7,-,-.,„A„',.. - h principal structures containing a total of ,.; �� 3 u nine dwelling units. Accordingly, this , ;� , ,;,, parcel is being used for multi-family -k *�dwellings. PARCEL 3 / 1050 Old Dam Neck Road - • : '4:-. This lot contains two dwelling units, which f ;�. 2 ' also have large garages. �' `4. , . ? v -- spy V. � k>. { The applicant has stated that thei At structures containing the rental units were P ' T constructed in approximately 1950, prior to the adoption of the City Zoning Ordinance, x - and the few historical source documents :., available to the City, primarily 1954 aerial Vit• ' photography and USGS Quad Maps, agree. Section 401 of the Zoning Ordinance lists uses that are allowed as permitted or conditional uses (requires a Use Permit) within the AG-2 District. Per Section 401 only one principal single-family dwelling is permitted per lot. Thus, the current use of Parcels 2 and 3, as each has more than one dwelling unit, is nonconforming. Parcel 1 conforms to the Zoning Ordinance with regard to use, but does not meet the required minimum dimensional requirements for the AG-2 District. Section 105 of the Zoning Ordinance, which governs uses and structures that do not conform to the Zoning Ordinance, has provisions for nonconforming uses as well as nonconforming structures. In this case, the applicant is converting an existing nonconforming use to a different nonconforming use. Section 105(e)(1) states the following: No nonconforming use shall be converted to another use which does not conform to this ordinance 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. In the resolution authorizing such change, the City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient. Any such use authorized by the City Council shall thereafter be subject to the provisions of this section and to any conditions or restrictions attached by the City Council. MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 2 Since the applicant is proposing to replace the existing nonconforming uses (multi-family and single- family dwellings) with a different type of nonconforming use (single-family condominium units), the only means by which the applicant would be allowed to proceed is 'upon a resolution of the City Council,' upon its finding that 'the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use.' Details Site Plan The submitted site plan depicts twelve single-family residences in a condominium form of ownership. The dwellings are located around a 24-foot wide private drive. The plan eliminates the existing access point on Dam Neck Road, making the primary vehicle access to the site from a relocated curb cut on Old Dam Neck Road. A walking path will connect the private drive with Dam Neck Road. No sidewalks are depicted throughout the site, or along Old Dam Neck Road. Additional details pertaining to the site plan are provided in the Comprehensive Plan section of this report. Elevations The submitted elevations depict horizontal vinyl and shake siding with a brick skirt limited to the first eight inches on the front façade. Trellises are depicted over the garage doors on several of the model homes. Additional details pertaining to the building design are provided in the Comprehensive Plan section of this report. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Multifamily and single-family residences SURROUNDING LAND North: • Dam Neck Road USE AND ZONING: • Across Dam Neck Road is a vacant lot/ B-2 Community Business District South: • Single-family dwellings/AG-2 Agricultural District • Old Dam Neck Road • Across Old Dam Neck Road are single-family dwellings/ AG-2 Agricultural and R-5D Residential Duplex Districts East: • Single-family dwellings/AG-2 Agricultural District • Multifamily condominiums/Conditional A-12 Apartment District West: • Single-family dwellings/AG-2 Agricultural District NATURAL RESOURCE AND The site is located within the Southern Rivers Watershed. The CULTURAL FEATURES: eastern half of the site is heavily wooded and contains a mixture of mature pines, deciduous trees, and bamboo. MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 3 11 COMPREHENSIVE PLAN: The Comprehensive Plan designates this site 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, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering of residential from other residential with respect to type, size, and intensity of the proposed use and its relationship to the surrounding uses (p. 3-1, 3-2). The Plan's Housing and Neighborhood Plan guiding planning principles state that there is a need to provide an adequate supply of safe, decent, attractive and diverse housing, with a range of values including owner-occupied and rental units, to accommodate the present and future needs of all Virginia Beach residents. This includes promoting the development of housing to increase the supply of high- quality, affordable housing for those in the low to moderate income bracket(p. 8-7). Applicable Design Guidelines: The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment and aid in preserving adjacent neighborhoods. The guidelines applicable to this request are as follows: • Vehicular and Pedestrian Circulation: Vehicular and pedestrian access should be distinct and clearly separated. Entrances and driveways should permit safe and convenient pedestrian crossing where they intersect sidewalk and other pedestrian access ways. A change in paving material to make the driver aware of the crossing is encouraged. Internal pedestrian circulation systems should provide safe and convenient access to uses within the development site (pp. B-7, 8). o STAFF COMMENTS: The conceptual site plan indicates that vehicular access for this residential development will be from Old Dam Neck Road to a private street. Since no sidewalk exists along Old Dam Neck Road and since the conceptual site plan indicates that no pedestrian access will be provided within the development, it appears that opportunities to provide safe and convenient pedestrian crossings are limited. However, an opportunity does exist during site plan design for provision of a sidewalk for safe and convenient access within the site. • Vehicular and Pedestrian Circulation: Pedestrian pathways not necessarily associated with the public roadways fronting the property should be provided in developments. Pedestrian pathways should be located within a landscaped or natural area that may consist of a significant stand of trees, unusual topographic conditions, natural drainage patterns or other natural features. Such pathways should be constructed of a durable, low maintenance material such as asphalt or some surface material that is semi-permeable in nature (p. B-8). o STAFF COMMENTS: The conceptual site plan indicates that an unpaved walking path will be provided that encircles the stormwater management facility and connects from the private street to the existing sidewalk along Dam Neck Road. The walking path should be constructed of a durable, low maintenance material such as asphalt or some surface material that is semi-permeable in nature. MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 4 11 I • Landscaping: Within reason, existing trees and groundcover that are healthy should be preserved and integrated into the overall design of development as a landscaping element for screening and beautification purposes, especially in highly visible areas of the site. Clearing in these areas should be confined to the absolute minimum. Where possible, a landscaped buffer adjacent to the right-of-way should be provided before any residential structures are sited. When selecting the type, size, and location of landscaping at critical areas such as intersections, parking lots and driveways; safe lines-of-sight that meet or exceed development standards should always be considered. This includes incorporating freestanding signs for the development into the landscape plan (pp. B-9, 11). o STAFF COMMENTS: The applicants have worked with staff to adjust the development plan to preserve the stand of mature trees existing on the east side. A detailed landscaping plan should be submitted for review during site plan review that allows for preservation of existing vegetation as much as possible and for provision of the type, size and location of new plant material that addresses safe lines-of-sight, site beautification, and adequate screening from the adjacent residential uses. • Stormwater Management Facilities: Whenever possible, stormwater retention and detention systems should be designed as open space of landscape amenities. When structural systems are provided, plant material should be used to soften the appearance. The design of the system should blend in with the natural site features and become a design element of the overall development(pp. B-9 &10). o STAFF COMMENTS: The conceptual site plan indicates provision of streetscaping along the Old Dam Neck Road and Dam Neck Road that includes a stormwater management facility as an open space amenity surrounded by an unpaved walking path. • Signage: Signs for residential development should be compatible with the style and theme of the community and complementary to any significant natural site features. Signs should be externally illuminated at ground level to be hidden yet illuminate the sign adequately, designed to avoid any glare onto adjacent properties. Signs should be constructed of wood, fiberglass, or an appropriate long-lasting material (pp. B-10 & 11). o STAFF COMMENTS: The applicant did not submit signage detail for review. • Architectural Elements and Building Materials: The structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment. Visual interest should be provided through window and door details, varied rooflines, consistent textures and color, as well as staggered placement of the buildings. Building materials should be long-lasting, attractive, and high quality with a complimentary color scheme that reflects the character of the area (pp. B-12 & 13). o STAFF COMMENTS: The primary elevations are in keeping with the desired proportional elements, scale, mass, and height in relation to the surrounding area;however, the side or rear elevation plans were not submitted for review. 4 • MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 5 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Od Dam Neck Road is a two-lane local street in the vicinity of this site with a varying right-of-way of 40 feet. The Master Transportation Plan does not address Old Dam Neck Road. There are currently no capital improvement projects scheduled for this segment of Old Dam Neck Road. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Old Dam Neck 519 ADT 1 9,900 ADT 1(Level of Existing Land Use 1— Road Service"D") 120 ADT Proposed Land Use 3- 120 'Average Daily Trips 2 as defined by 12 dwellings 3 as defined by 12 dwellings PUBLIC WORKS/TRAFFIC ENGINEERING: The site along Old Dam Neck Road would require right-of- way improvements including, but not limited to, sidewalk construction and curb and gutter improvements. WATER AND SEWER: This site currently connects to City water. The 2 existing 5/8-inch meters (City ID #95054721) and (City ID#95052632) can be used or upgraded to accommodate the proposed development. The site currently connects to sewer. Analysis of Pump Station#603 and the sewer collection system is required to ensure future flows can be accommodated. • • EVALUATION AND RECOMMENDATION 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 resolution of City Council, as provided for in Section 105, and not to allow them to be used as grounds for adding other structures or uses prohibited elsewhere in the same district. The applicant is converting an existing nonconforming use to a different nonconforming use; therefore, Section 105(e)(1) is applicable, which states the following: No nonconforming use shall be converted to another use which does not conform to this ordinance 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. In the resolution authorizing such change, the City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient. Any such use MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 6 authorized by the City Council shall thereafter be subject to the provisions of this section and to any conditions or restrictions attached by the City Council. Staff finds that the proposed conversion of twelve rental dwelling units located with multifamily and single- family dwellings to twelve single-family condominium dwelling units is reasonable and would be as equally appropriate to the surrounding area as the current conditions. Therefore, staff recommends approval of the request with the following conditions: 4 CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan entitled "CHANGE IN NONCONFORMITY APPLICATION EXHIBIT, STRAWBRIDGE MEADOWS" dated February 2, 2015. 2. The residential dwellings to be constructed on the lot shall be substantially in conformance with the submitted rendered elevation drawings entitled "BUILDING EXHIBIT, STRAWBRIDGE MEADOWS," dated February 2, 2015. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning 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. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 7 i Cl ° °tio L ' GO _ d z 7 E. a g �f- - $ � sem, ^ it �� 7 i a t �' S / ss � J b X v U • Z •. 14N -4 O a t ° ,/ti,_ \7A, 4 t sd I \4I I , I ,: I F i , z. • �;� _ I 'fid ve AERIAL OF SITE LOCATION MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 8 tt Ij -o z °Q, r( Ibis. ryti r 111% // ' • - '' . :34:-7L:li:A.„... s. .... ,, if F'i>> h>�AY • PGQ- ,p,/award r G V ' „ „„ ../, , ,: 4 ir":" ,.:4 ,, -.. , / .4-4- ,P''' ‘'''''''4.4‘,.. - EXISTING CONDITIONS MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 9 2LL -I z (ii _ - PO vxes=o ,reo,oat w g 0,0.vG2 0C, b m a o mu n WN O02B1 G n q S O2> OQ eo zN ii ,i z� �� r -i-T rig _ ..2.?,, _------ .•••" / •-,40t,t ""',„,, ',.; i ozR',- L7,6 1` • �icmi 11¢ az 2y /– aipg U1 1 �� j n.3 ZO 1 Y5^ 0 1 ..�> 4.,-, '�.a i p V ill i / O , ' � _a --'.- --- , r —, • — — �G / 1p11A € . X481 I �Y� .41:11111 wLH - � w�v m ' I ¢a 0 A -,0 . N i , � ,�a lir ___ /O 1 ,..„ I N Q ��`41WOJ o'' 6 8 I r_.._..___—_. --_.. ' H. f-O I wn U wx O -� \ : 3NY7 321IA _ 0o_ z< 1 Z w u / a_ �w3 1� gw ao . —.._.. .._. .._. - rrair „, ; / w, _ill fir ii • a `L •tsaY . t,fi r ilV a. 1 Y y Z Zz 1 y gjw is P ,,,+ W I. m u�m l':,. 3 P 14? r 8a $g 6 , ,i i 8 %a _ O oz �R a 3 zs t .I �- n m " K v,v-� 7r ��Ma S 4 1SB� �wY g�^y IDy. W Aix 3i _ 2?s z'- i I1z 14E igV P56-?, m 23 oal >/ !Ii }-?„ 2 ,,, Sf PI Ref 6gF= Dew / / $$� `` PROPOSED SITE PLAN MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 10 t�SLUU °o -:: �r a :150.,„.:01t.....,,,,., .. � I t 1t6. M'Nk 4 ), ;.-' -:7:/::::,,,,,....,,....:, z /`` '* ''' ill% /41 " i r �,,, i l '44:::: . 'tea g ,fr 4 / x' _f I j ñ `...(1t,-e• , ' .**----., . o Illipi, ,-' , \. 'i i ; '. ., �. 1. ~ PROPOSED PLAN AND SURROUNDING AREA MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 11 1 W HI W m Ph x Z 30p w rr�z zrr tT NWQ OW 0 4p a1 S gm2 2 m >¢0¢'ZD 0z < ��m0 § ,Ilde �ax < Z 2"j 0 ; 2 z °`74 O ��wQ z � OZ>m-4J NwjW x iin]U.m j ,t WU gZZUM,4 �Y e t( • arm 'IIIIIIM '.rm. I IIo III IIRh..�'. u i 1.14 ..� L I t ?,'6,4., Z p Z ��-_ _ { dht m� �� _ J Z z �::.� '� =o4 p U... _ m =op �Q IINuu I• I LL NLL w r= _ II w LL th 2 - O 94pipo5 _ --n 8 ¢¢amzOpa --._ q o u¢Qi «01!2 0 ritl111:1 i 1 1r �_' LL d g i ccL 3 g'„1', :1. man:.-1 W"'i�viWw=wo� _ ■��■ 1 �� O_ x'rvYiZwg.3$ �� O W *L,Lq PZm '11111' 1 I Cr: ~ W xqi. ■ : Lin < 62F,q..i 1111 L <> ,<m°-°g ,m m > U¢Q m Q .1„.... a YIIN111 num u1 m i - J rli1111111 1.. . l )' d �,_ h 2 WZW 2 ■■ � WZ ? ka . �O p (..i _ I w V,O p rr ■i. y Z N I.■ Z gal w ,4 o pllillll l-i .IIII m w I dap .0 w a e"2,00pOp u� 2 tins I LxgmzpN1® 11 W)UYM :Y�QQm �� WN=y�rL'NS i_CfWp O U_pW= 1.< aQoaz �IIIIIBIi� .l�salllllll: �o�aoep�WumuUa � m1a ,v, e '- n n v _ Y * ,__ f4,s: BUILDING ELEVATIONS MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 12 PRINCESS ANNE Map p L-S0CaIe McQ Builders, L.L.C.-1 - A !G� ; ;l >75 ( B Lin B * P�' B2* A18* �I 2 3 f ,.. II 6) . j •/ ......, m DAM NECK ROAD Ir B2* B Q, • r %i v J ''' ' -_�J if ir il .., C �[ s. /17" - Al2.- ` 1 °A'I2* o �, f , 1 44 r 4 -,_, f --— --, o , O ` B .,�� ` y 2 ,�;� R1Q I : -CI ' ACS Y/ 0 •Zoning with Conditions,Proffen,Open Spam Promotion Non Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 Submitted Conditional Change of Zoning—AG-2 Agricultural District to A-18 Apartment On Hold 11/01/2014 District 2 6/14/1994 Conditional Change of Zoning—A-12 Apartment District to B-2 Community Approved Business District 3 06/14/1994 Conditional Change of Zoning—A-12 Apartment District to A-18 Apartment Approved District 4 11/14/1995 Conditional Change of Zoning—AG-2 Agricultural and R-10 Residential Approved Districts to A-12 Apartment District 5 02/11/2014 Modification of Conditions—Convenience Store with Fuel Sales Approved 01/06/1996 Conditional Use Permit—Convenience Store with Fuel Sales Approved 6 09/25/2001 Conditional Use Permit—Convenience Store with Fuel Sales Approved 7 02/10/2004 Conditional Change of Zoning—AG-2 Agricultural District to R7.5 Residential Approved District 8 05/27/2014 Conditional Use Permit—Truck and Trailer Rental Approved 02/24/2004 Conditional Use Permit—Motor Vehicle Rental Approved 9 12/09/2014 Conditional Change of Zoning—AG-2 Agricultural District to B-2 Community Approved Business District ... 05/23/2006 Conditional Use Permit—Child Day Care Approved MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 13 1 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) McQ Builders, LLC. -1 W.H.McCutcheon Mgr/Mem, Bud Frenck Mgr/Mem 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck 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) B.H Vineland, LLC. Steve Gryczman Mgr/Mem 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck 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 em loyee of the City of Virginia Beach have an interest in the subject land? Yes No 1-1 If yes, what is the name of the official or employee and the nature of their interest? Brad Martin owner of Martin Engineering who is doing the engineering,planning and surveying for this project. DISCLOSURE STATEMENT MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 14 It ttI= ADDITIONAL DISCLOSURES ..l 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 coo services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) F„M° Monarch Bank,Marlin Engineering,McCallum Testing,Retnauer Baynes Association,Bob Thornton with Thalhimer&Asscoiates "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting Immo power of another corporation." See State and Local Government Conflict of Interests Act, Va. blIM Code§ 2.2-3101. M` 2 "Affiliated business entity relationship" means"a relationship, other than parent- subsidiary relationship, that exists when (i)one business entity has a controlling ownership C 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. Ole CERTIFICATION: I certify that the information contained herein is true and accurate. C 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 purposes of processing and evaluating this application. Ole /j/f�-6L Cly' �� G G-�- 10m 1/ 7 Appkgant's Si 'ature Print Name j64('‘---1 , 64,7 'k7c..be v. 14• ole Property Owner's Signature'6f differe'nt than applicant) Print Name DISCLOSURE STATEMENT MCQ BUILDERS, L.L.C.-1 June 16, 2015 CITY COUNCIL HEARING Page 15 • V '''N''> '' 74,1Apf ji( :WT. %-., - '---,7 ,',. 1 .446;° o f �cast) ...h.:itt_ . .4._4,..p. ..,4„poolip 441,4,144141",. . .:. , i . .,iwiiri ----- _- ii,lk„, ."./ .'I 4, it r LC13 CD eit u .41 / Op 7it ...e ,,,en. / . ii se 4„ s# . ,EMI 4 , ► `'its :, .4 O 21m4 rj Q --4_S 10,01iy►, ___. 4 Afgh, 4 rialtri 411pAp 1,..„ ''':' 4.-` ''''='-,ri -t cit ? _ _ . . 01 - 41 S:44% .\'4IbriNikkif ' C---7 ' . N, " N 1„,,,*V er''''''' ,4* 4,‘%1‘...11,/4%,16 UM ,,__L-611 4.i r.-....... §4 � cs) \\,,,,,,Nsisislillt a ri41/4\\\s\\,\s\\ �� m \\% IS\ oafif _---i1 N - e 0 ti,....,„1t Of aJ i Ao 1 � � m g - -___ 11 r N l i 1- �.,--� 1 1 11 1 1 r��GN..``Uif* fid) ��,.w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHECKERED FLAG STORE #5 (Applicant) / CHECKERED FLAG MOTOR CAR COMPANY (Owner), (A) Modification of Proffers of a Conditional Zoning approved by the City Council on October 24, 2006; and (B) Modification of Conditions of a Conditional Use Permit for motor vehicle sales, originally approved by the City Council on May 23, 1988, and last modified on October 24, 2006. The purpose of the requested modification is to construct an addition to the front of the existing building. 5225 Virginia Beach Boulevard (GPIN 1467669472). COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: June 16, 2015 • Background: The subject 15.42-acre site is currently developed with separate BMW and Toyota automobile sales and service facilities. Until 2010, the site consisted of one parcel, with the western portion of the parcel developed with the Toyota automobile sales and service facility and the eastern portion with the BMW facility. In 2010, the site was subdivided into two parcels: the 4.62-acre 'BMW Lot' (identified on the plat as Parcel A-1-A1) and the 10.80-acre `Toyota Lot' (identified on the plat as Parcel A-1-A2). The 2014 Modifications, however, applied only to the 'Toyota Lot,' leaving the 'BMW Lot' still subject to the prior proffers and conditions. The applicant now proposes to construct an addition to the front of the BMW sales and service building. Doing so requires modification of the proffers that remain in effect for that portion of the site. Furthermore, the conditions of the Use Permit approved on October 24, 2006 still apply to the 'BMW Lot,' and they are being modified as well. • Considerations: The applicant proposes a 10,334 square foot showroom addition on the front façade of the Checkered Flag BMW building. The existing 4,400 square foot showroom along the building frontage will be incorporated into the new addition. Unlike the current showroom, the proposed showroom space will extend the full width of the larger 36,866 square foot building. Specific information and details pertaining to the site and building design, as well as Staff's evaluation and recommendation are presented in the attached staff report. i I I I CHECKERED FLAG STORE #5 Page 2 of 3 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 the Modification of Proffers and the Modification of Conditions, as indicated below. PROFFERS PROFFER 1: The use of the Property shall be automobile sales and service, as allowed by any conditional use permit in effect and duly approved by the City Council of the City of Virginia Beach, and as may be modified in the future upon petition by Grantor, by action of the City Council of the City of Virginia Beach. PROFFER 2: All proffered conditions as set forth in the 2006 Proffers and the 2014 Proffers are hereby superseded by the proffered conditions herein. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS All conditions attached to the Conditional Use Permit granted by City Council on October 24, 2006 are hereby deleted and replaced with the following: 1. Evergreen shrubs planted a minimum of four(4) feet on center and a minimum height of three (3) to four(4) feet at the time of installation shall be planted along the southern property line where the site abuts the adjacent office development site. 2. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A photometric plan shall be submitted for Development Services Center at development site plan review. I CHECKERED FLAG STORE #5 Page 3 of 3 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way. 7. The site shall be developed in substantial conformance to the submitted site plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED FLAG - BMW, VIRGINIA BECH, VIRGINIA", dated 02/02/15 and prepared by MSA, P.C. 8. The building addition shall substantially conform to the design shown on the building elevations entitled, "CHECKERED FLAG BMW 5.0 PROPOSED ELEVATIONS" and "CHECKERED FLAG BMW 6.1 EXTERIOR PERSPECTIVE," prepared by YSM Design. 9. Use of all service areas shall be limited to normal operating hours. • 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 Manage`'' , ►� 1 11 1 I KEMPSVILLE u D2 . . . � Checkered Flag Motor Car Co.,Inc. 1 i it Fi April 8, 2015 Public Hearing I , 11 B2 ' , , I ,r APPLICANT: - :// , / r CHECKERED % ;1/4a =; FLAG STORE #5 82 PROPERTY OWNER: / '//' ;/; 't ��' `2CHECKERED -------% FLAG MOTOR .Zenhvg+Mc..,e .•..a.N..,.SotoI�..�.. Modification o,Conditions CAR COMPANY Modification of Proffers STAFF PLANNER: Stephen White REQUESTS: (A) Modification of Proffers of a Conditional Zoning approved by the City Council on October 24, 2006; and (B) Modification of Conditions of a Conditional Use Permit for motor vehicle sales, originally approved by the City Council on May 23, 1988, and last modified on October 24, 2006 ADDRESS/DESCRIPTION: 5209 and 5255 Virginia Beach Boulevard GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 14676694720000 and KEMPSVILLE 15.42 acres Less than 65 dB DNL 14676643060000 AICUZ 4 • BACKGROUND / DETAILS OF PROPOSAL Background The subject 15.42-acre site is currently developed with separate BMW and Toyota automobile sales and service facilities. Until 2010, the site consisted of one parcel, with the western portion of the parcel developed with the Toyota automobile sales and service facility and the eastern portion with the BMW facility. In 2010, the site was subdivided into two parcels: the 4.62-acre 'BMW Lot' (identified on the plat as Parcel A-1-A1)and the 10.80-acre 'Toyota Lot' (identified on the plat as Parcel A-1-A2). In 2014, a Modification of Proffers (Rezoning)and Modification of Conditions(Use Permit)were approved for the Toyota portion of the site for the purpose of expanding the service area of the building and adding a car wash. The two applications, rather than simply modifying past proffers and use permits, replaced the past modifications, providing conditions and proffers that superseded all prior proffers and conditions. The past actions are listed below(with the most recent, as discussed above, listed last). CHECKERED FLAG STORE #5 Agenda Item 5 Page 1 cy }''' -4-:f. rt '': 5114,:;"• i1 '.C' .y, ` t1 m ,fir f : rE C }__ ��,� �l �,g N�gh�'r r...:� £. '' ,^r �* .a in m;� t �«�, �,-?�:a'=< ,� .ah ter' ..." . �' €.�e�=.r Conditional Use Permit(automobile sales and service) May 23, 1988 Conditional Use Permit(motor vehicle sales expansion) May 25, 1993 Rezoning(R-7.5 to Conditional B-2) December 6, 1994 Conditional Use Permit(motor vehicle sales, rental and repair) December 6, 1994 Conditional Use Permit(motor vehicle sales) October 10, 2000 Rezoning(R-7.5 to Conditional B-2) October 23, 2001 Conditional Use Permit(motor vehicle sales) October 23, 2001 Conditional Use Permit(motor vehicle rentals) May 28, 2002 Rezoning (R-7.5 to Conditional B-2) March 8, 2005 Modification of Conditions March 8, 2005 Modification of Conditions and Proffers October 24, 2006 Conditional Use Permit(car wash) September 13, 2011 Modification of Conditions and Proffers November 18, 2014 The 2014 Modifications, however, applied only to the 'Toyota Lot,' leaving the'BMW Lot' still subject to the prior proffers and conditions. The applicant now proposes to construct an addition to the front of the BMW sales and service building. Doing so requires modification of the proffers that remain in effect for that portion of the site. Furthermore, the conditions of the Use Permit approved on October 24, 2006 still apply to the 'BMW Lot,' and they are being modified as well. Those conditions are provided on page seven of this report for reference. Details The applicant's requested modification of the Conditional Use Permit applies to the 'BMW Lot,'where the applicant proposes a 10,334 square foot showroom addition on the front façade of the Checkered Flag BMW building. The existing 4,400 square foot showroom along the building frontage will be incorporated into the new addition. Unlike the current showroom, the proposed showroom space will extend the full width of the larger 36,866 square foot building. The exterior of the addition will be very similar in style and materials to the existing building. The primary difference will be an increased level of'transparency' along the front façade through the use of a curtainwall with a one-inch thick insulated clear glass that extends the length of the façade. One section of this glass wall will consist of a solid display wall, where one of the vehicles for sale will be displayed. A canopy will be installed along the top level of the glass curtainwall, approximately 15 feet from the ground level. The exterior building materials and colors will match those used on the existing building, except the EIFS exterior treatment will not be scored into rectangular shapes like the existing building. The portion of the site where the addition is proposed currently consists of a drive aisle and 10 parking spaces on the west side and 7 parking spaces on the east side. The site work associated with addition will provide 5 spaces on the west side; therefore, 12 parking spaces will be lost. The recent relocation of the MINI dealership two parcels to the east does, however, provide additional parking spaces that were formerly allocated to the MINI dealership when it shared this site with the BMW dealership. There will be minimal impact to the site landscaping, and the central water feature located between the front façade of the building and the Virginia Beach Boulevard right-of-way will remain. 4 • LAND USE AND COMPREHENSIVE PLAN -�� ` ' 3�;', "7\{ ..e "Iy CHECKERED FL,G STD #,4 agenda Its . 5 Paget EXISTING LAND USE: Automobile sales, service, and rental facility SURROUNDING LAND North: • Virginia Beach Boulevard USE AND ZONING: • Commercial retail center/ B-2 Community Business District South: • Office use/ B-2 Community Business District East: • Retail and office use / B-2 Community Business District West: • Clearfield Avenue • Retail uses/B-2 Community Business District • Single-family dwellings/ R-7.5 Residential District NATURAL RESOURCE AND The site is almost entirely developed with buildings and impervious CULTURAL FEATURES: surface cover. The site is located within the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: This site is located within the Western Campus District area of the Pembroke Strategic Growth Area. The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies the general vision for this area as a central urban core with a vertical mix of urban uses, 'great streets,' mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas. The Western Campus District portion of the plan calls for a park-like academic and recreational setting showcasing a pedestrian-friendly district that will draw'School-to-Job' training as well as a mix of uses to complement and support the economic development activity of the new downtown. 4 0 IMPACT ON CITY SERVICES TRAFFIC: The net increase of 5,934 square feet of showroom space to the BMW dealership is projected to add 178 ADT ' to the 1,817 ADT that was projected to be generated from both dealerships with the building addition to the Toyota dealership proposed in 2014. WATER&SEWER: The site is already connected to the City water and sanitary sewer system. • • EVALUATION AND RECOMMENDATION The applicant is requesting to modify the proffers of a Conditional Change of Zoning and the conditions of a Use Permit that currently apply to the property. The purpose of the request is to allow the construction of an addition to the front façade of the existing BMW dealership. The addition will result in a net increase of 5,934 square feet of showroom space. The submitted building elevations show that the proposed additions to the site will be consistent in architectural style, quality, and color to the existing building. CHECKERED FLAG T, O.;,--- 1.-,. Agenda It.` 5 '`'' Pa e3 No change of use is proposed with these applications, and automobile sales and service is compatible with the other uses on Virginia Beach Boulevard in the vicinity of this property. As such, staff does not anticipate that this request would have any negative impacts on adjacent properties. While, as noted in the Comprehensive Plan Section, the proposed use is not consistent with the Comprehensive Plan's recommendation for this area of the Pembroke SGA, the existing automobile sales and service center is consistent with the existing character of the area, and is deemed appropriate as a continued use until market-driven redevelopment trends of the surrounding area result in land use and development consistent with the recommendations of the Pembroke SGA Master Plan. As explained at the beginning of this report, there are currently two separate Conditional Zoning Agreements on the total area of the Toyota and BMW dealerships. Both sets of proffers are limited in scope, restricting the use of the site as well as ensuring the sites are developed consistent with the submitted plans. Thus, each time the applicant has desired to make an addition to a building or change the exterior design, an application for a Modification of Proffers had to be submitted and approved. At the same time, since Conditional Use Permits also apply to the site, an application for a Modification of Conditions had to be submitted and approved since the Use Permits also had conditions pertaining to the use of the site and design of the site and buildings. To eliminate this duplication, the proffers of the Conditional Zoning Agreement, as listed below, pertain to the use of the property. The conditions of the Use Permits for each dealership pertain to the specifics of the use, as well as the site and building plans. Staff recommends approval of the requested modifications with the proffers and conditions below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The use of the Property shall be automobile sales and service, as allowed by any conditional use permit in effect and duly approved by the City Council of the City of Virginia Beach, and as may be modified in the future upon petition by Grantor, by action of the City Council of the City of Virginia Beach. PROFFER 2: All proffered conditions as set forth in the 2006 Proffers and the 2014 Proffers are hereby superseded by the proffered conditions herein. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable and will ensure that the site will be used for automobile sales and service, as allowed by the Zoning Ordinance and by any applicable Use Permits, current and as may be modified in the future. The City Attorney's Office has reviewed the proffer agreement dated April 17, 2015 and found it to be legally sufficient and in acceptable legal form. CHECKERED FLAS STORE f'Agenda It 5 Pa e4 4 0 CONDITIONS All conditions attached to the Conditional Use Permit granted by City Council on October 24, 2006 are hereby deleted and replaced with the following: 1. Evergreen shrubs planted a minimum of four(4)feet on center and a minimum height of three (3) to four(4)feet at the time of installation shall be planted along the southern property line where the site abuts the adjacent office development site. 2. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A photometric plan shall be submitted for Development Services Center at development site plan review. 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights- of-way. 7. The site shall be developed in substantial conformance to the submitted site plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED FLAG -BMW, VIRGINIA BECH, VIRGINIA", dated 02/02/15 and prepared by MSA, P.C. 8. The building addition shall substantially conform to the design shown on the building elevations entitled, "CHECKERED FLAG BMW 5.0 PROPOSED ELEVATIONS"and "CHECKERED FLAG BMW 6.1 EXTERIOR PERSPECTIVE," prepared by YSM Design. 9. Use of all service areas shall be limited to normal operating hours. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. (,\\' t IW` CHECKERED FL*3 ST- # . Agenda its 5 Pae5 Conditions of April 25, 2006 Use Permit 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Service Center review. 2. Existing "nonconforming"free standing signs shall be removed. Signs are to meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four(4)feet on center and a minimum height of three (3) to four(4)feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out the service bays. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Service Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations.All parking spaces and display areas must be clearly delineated on the final site plan. 7. No loud speakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT CHECKERED FL, 3 STO # . 1 ro„. ',Agenda It 5 P ± 6 To t<Z ca.). • I i - 11 ` . d �t 'S v s, a - # ' r. ,-. r J`� , t` rI / �4 s r ` i Y. d • I / ,, J .,, 4 • ,, AERIAL OF SITE LOCATION CHECKERED FLAG STORE #5 L' Agenda Item 5 `' viz Page 7 I Q It f. II 41 Z`i i r K-, \ ,,,i,.,- lig o �tv. ry � r 1 e2i f rYO�4� x - — / *3/ J ;� #i* it i Y ...rte _p � ,I 'V:::---, - 10 d 9 .,. . P —1 x < _ w (p---, / 4,34 , a„ „,,........, , , / 1 i (.' ' 6 I-1-1 r „... . . . , < ...., , .,,L L., 111 i 1111 Pa 1LI< . ., ,,D _ z / '? O R I ig1 6 PROPOSED SITE PLAN (Condition 7) CHECKERED FLAG STORE #5 ,' Agenda Item 5 ; 1 Page 8 .d ill I i 6 /4 . s6¢ S Zi i 0 6 n a a a o IIIIlI I IIIIbld • IIII1?,1I 111ikiN siia 1iI1 111 111111, SPIN 111;111 111;1!1 I I- 111011P' A � 11-- NIL... I 11IHt 111e 11 11:111 11 A 1 I hI:f f 1111!1 li 22 e6 W ii OOc f i 0 I CC iy} 7am / , . `i yJ u. .1[1, IIE ' i1 CI L.J ® • NEN i x Lu L I re ,w 1 1 'mo11 i w 8 01 a. •, b i� i d ; E U �Y,ft e40,,,a BUILDING ELEVATION OF PROPOSED DRAWING (Condition 8) Pr7.-11.1IA•$E A:`~1, CHECKERED FLAG STORE #5 ,cP Agenda Item 5 Page 9 Epi °a I i Ir. 11111 a LL is f, 1 W . CC W , v 4.1:-, ,-: '11:11,:'':4'4': Y t 1 I ,.. . ,. . . .47, A ARCHITECTURAL RENDERING OF PROPOSED BUILDING (Condition 8) r, CHECKERED FLAG STORE #5 '�� Agenda Item 5 i 7 Page 10 r..�i S KEMPSVILLE MMap appoD-6 Checkered Flag Motor Car Co., Inc. IZ ) - f\ ' - _t I -`1 --`. ryry/ ' 6 B2) °�►. ` , f i, fin- _ :-' �F"0 /RG/ Ire �, •��•.44,44,o 5nr � ; 4. N. moi k 8 WOO , ,_, 4 GI \-ri- 4 / ,-- t , „. H o L; t.1/ / e4� 0 2 f, i;___,7 ffriVi /, if: _it___f_7, ",/,/,' /0,/ ',7 / I / , 4 -11/1: .„#._4___.'...74:4-u-' • 7-7- 61-- BI---- '-'2:::-/-//':' -"71: 3 . 8/7 r 'Zoning with Conditions/Proffers,Open Space Promotion Modification of Conditions Modification of Proffers Oji ZONING HISTORY # DATE REQUEST ACTION 1 09/13/2011 Conditional Use Permit(carwash) Approved 10/24/2006 Modification of Conditional Use Permit Approved 04/25/2006 Modification of Conditional Use Permit Approved Change of Zoning (R-7.5 to Conditional B-2) 03/08/2005 Modification of Conditional Use Permit Approved Change of Zoning (R-7.5 to Conditional B-2) 04/10/2002 Conditional Use Permit (motor vehicle sales) Approved 10/23/2001 Conditional Use Permit (motor vehicle sales & service) Approved Change of Zoning (R-7.5 to Conditional B-2) 10/10/1994 Conditional Use Permit (motor vehicle sales & service) Approved Change of Zoning (R-7.5 to Conditional B-2) 2 01/11/2005 Change of Zoning (R-7.5 to Conditional B-2) Approved 3 10/29/2002 Conditional Use Permit(school) Approved 4 06/09/1998 Conditional Use Permit (communications tower) Approved 5 02/24/1998 Conditional Use Permit (motor vehicle rentals) Approved 6 08/14/2006 Conditional Use Permit(motor vehicle sales & service) Approved 7 11/18/2014 Modification of Conditions / Proffers Approved 8 01/20/2015 Change of Zoning (A-12 & B-2 to Conditional B-2) Approved Conditional Use Permit(motor vehicle sales and service) Approved CHECKERED FLAG STORE #5 Agenda Item 5 Page 11 vg\A3 Virginia Reach 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) g Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE 0 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 Page 1 of 4 ❑ i DISCLOSURE STATEMENT CHECKERED FLAG STORE #5 Agenda Item 5 Page 12 Iiii Virginia Beach other unincorporated organization,AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers,directors, members, trustees, partners,etc. below: (Attach list if necessary) Ctlllc►talbec w_ Ed&twat ►0 -- • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • See next page for information pertaining to footnotes[ and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner is different from Applicant. El 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) Ckitleartsciagi s-- ur-. (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. DISCLOSURE STATEMENT CHECKERED FLAG STORE #5 Agenda Item 5 Page 13 I I iil • 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. • • 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) fl F1 Accounting and/or preparer of your tax return Architect/Landscape Architect/ w c . Land Planner �f1-�,++`�^-t f i Contract Purchaser(if other than � C.• the Applicant)-identify purchaser AA and purchaser's service providers Any other pending or proposed alpurchaserof the subject property 1� (identify purchaser(s)and purchaser's service providers) ``"--E. Construction Contractors '6,fiti 1"-4 ` 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. DISCLOSURE STATEMENT CHECKERED FLAG STORE #5 Agenda Item 5 Page 14 1/3 Virginia Beach Financing(include current ZPID) csitLt •Ocs. ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers/Agents for Elcurrent 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 1%1❑ 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 . . ubli bod or committee in connection with this Application. S tSA,lcist, APPLICA 'S SIGNATU PRINT NAME ATE PROPERTY OWNER'S SIGNATURE PRINT NAME I 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. DISCLOSURE STATEMENT CHECKERED FLAG STORE #5 Agenda Item 5 Page 15 1 , 1 Item #D2 Checkered Flag Store #5 Modification of Proffers Modification of Conditions 5209 & 5225 Virginia Beach Boulevard District 2 Kempsville May 13, 2015 CONSENT An application of Checkered Flag Store#5 for a (A) Modification of Proffers of a Conditional Zoning approved by the City Council on October 24, 2006; and an application of Checkered Flag Store#5 for a (B) Modification of Conditions of a Conditional Use Permit for motor vehicle sales, originally approved by the City Council on May 23, 1988, and last modified on October 24, 2006 on property located at 5209 and 5255 Virginia Beach Boulevard, District 2, Kempsville. GPIN: 14676694720000 and 14676643060000. PROFFERS PROFFER 1: The use of the Property shall be automobile sales and service, as allowed by any conditional use permit in effect and duly approved by the City Council of the City of Virginia Beach, and as may be modified in the future upon petition by Grantor, by action of the City Council of the City of Virginia Beach. PROFFER 2: All proffered conditions as set forth in the 2006 Proffers and the 2014 Proffers are hereby superseded by the proffered conditions herein. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3)to four (4)feet at the time of installation shall be planted along the southern property line where the site abuts the adjacent office development site. 2. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. Item#D2 Checkered Flag Store#5 Page 2 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A photometric plan shall be submitted for Development Services Center at development site plan review. 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way. 7. The site shall be developed in substantial conformance to the submitted site plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED FLAG - BMW, VIRGINIA BECH, VIRGINIA", dated 02/02/15 and prepared by MSA, P.C. 8. The building addition shall substantially conform to the design shown on the building elevations entitled, "CHECKERED FLAG BMW 5.0 PROPOSED ELEVATIONS" and "CHECKERED FLAG BMW 6.1 EXTERIOR PERSPECTIVE," prepared by YSM Design. 9. Use of all service areas shall be limited to normal operating hours. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item D2. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 9-0, the Commission approved item D2 by consent Billy Garrington appeared before the Commission on behalf of the applicant. -4-rr.reorema4II1 I • / ` Yi-Vi' .:. '. ' -.. i..-.' p -' - _ C *III,.• cit -!. .t.` O G -. „; vSIO ,' 4 . "-,--:111:40,-.--. *7) -' � '*; ' �-• vi _ . �' � tOi \ -^-,„. , r.."6.. ---." a - lit - *4 '.. I ...,....,7-:7:1-f- it tmla k, ir, <:.'\ l'tinz2.--------. ,/= II Cler 'll'- I r 4IVapO .kiiirliw•f9 444 6 ,... ,', . 0+ 4* /- 2 / .. ... , „ ..4.1,,, . .. ,.... , . , , , / . . : ,>, * . , 4,,,,. ., e • I � �; - t` -- - ` \s :.;' ,Willpilb, .t .a,_-4. - -r .- "Ink._ 4..... 11 mit -‘,141:* -- -� - . liiill ! , 0 111 -"kir AP .1::::: R 4 ., . 1 I ..... ,,, c , Itt+1, stv x (TT : , , . \ NN-1:- ft, 1 oct.:14,06. ,V, -\\**\:. . / /4 liIblipriam .,,,, 491.44 -.. �/ - _ rf -` [Jr �; d L '--a 0. / �. A, ,� �, c ,. 46.. 't / .-- / ._ r 1 op,0 ,� , N� o - 4,_ , 4:_, E ,,,94,..., /.41... ,,,,.4),. ., ..„4„,...,„ ___, _, i„,... , 1: + ! = ///,,,, a {?I� - O. 41P0. Q. ©.. , > ._- el, os . ,.- II , II r rrSVG Icy. i� !04 _ 1114, 7 '`7:4.......,...4;:? CITY OF VIRGINIA BEACH �_ AGENDA ITEM ITEM: RIO LYNNHAVEN, LLC (Applicant) / LYNNHAVEN INVESTMENTS, LLC (Owner), Modification of Conditions for a car wash, originally approved by the City Council on November 17, 1980, and subsequently modified on July 14, 1998. 1108 Lynnhaven Parkway (GPIN 1496006954). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: June 16, 2015 • Background: A Conditional Use Permit allowing the existing car wash was approved by the City Council on November 17, 1980. A modification of that Use Permit to allow for the redevelopment of the site was granted by City Council on July 14, 1998, but was never activated. The applicant now proposes to redevelop the site with a new car wash building, vacuum stations, and associated parking and landscaping improvements. The conceptual site plan submitted by the applicant significantly differs from the plan that accompanied the 1998 Modification of Conditions application; therefore, a new Use Permit is required. • Considerations: The existing car wash will be demolished and the site redeveloped with a 3,233 square foot building and several self-service vacuum stations. The proposed building will be located adjacent to the northeast property line, and will be set back 37 feet from the Lynnhaven Parkway right-of-way. The rear portion of the site is in a natural, wooded state that buffers the use from London Bridge Creek and the multifamily housing to the southeast. The applicant will not be encroaching into this wooded area; all of the proposed improvements will occur in the northwest currently developed portion of the site. Specific information and details pertaining to the site and building design, as well as Staff's evaluation and recommendation are presented 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 with the conditions below. I RIO LYNNHAVEN Page 2 of 3 1. All conditions attached to the Conditional Use Permit granted by the City Council on July 14, 1998 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the plan titled "Conceptual Site Plan, Rio Car Wash" dated March 2, 2015 and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 3. The building shall be developed substantially in conformance with the elevation titled "Conceptual Architectural Elevations, Rio Car Wash" dated March 2, 2015 and prepared by Dirigo Design Consultants, LLC. Said elevations have been exhibited to the City Council and are on file with the Department of Planning. 4. The existing wooded portion of the southeastern portion of the site shall remain in its natural vegetated state. 5. All mechanical equipment shall be flood-resistant to water intrusion and flotation from hydrostatic pressure, or elevated above the Base Flood Elevation. 6. Any existing barbwire shall be removed from the site and no new barbwire shall be installed. 7. The existing pole-mounted sign at the site entrance shall be removed. Any proposed signage shall meet the regulations of the City Zoning Ordinance, and sign permit shall be obtained from the Planning Department for the installation of any signage. Signage on the site shall be limited to the following: a. One (1) freestanding monument sign, with the color of the base matching the color of the building; and b. Two (2) wall-mounted signs. 8. The proposed dumpster shall be screened by a solid block enclosure painted to match the building, as well as foundation landscaping in accordance with the City of Virginia Beach Landscaping Guide. 9. Vacuums installed on the site shall substantially adhere to design depicted on the submitted graphic, entitled "Conceptual Kiosk Canopy, Rio Car Wash," with the exception that the `Bubbles' sign element as shown shall not be installed on the canopy. The number of vacuum stations shall be limited to one per parking space. Each vacuum shall be painted a neutral tone to reduce visibility from the right-of-way and maintain consistency with the 1 p RIO LYNNHAVEN Page 3 of 3 building. The four central vacuum units shall be screened with shrubs from the right-of-way. 10.The outdoor vending machine installed on the site shall be confined to the rear of the site as depicted on the submitted plan, and shall be screened with shrubs to reduce visibility. No signage shall be permitted above, beside, or below the vending machine. 11.The existing chain link fence with orange slats shall be removed. Any new fence shall not be chain link and must meet the requirements of the Zoning Ordinance. (Note: this condition was added at the Planning Commission hearing) ■ 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 Manager: k 1)//- deillil ROSH 9HALL Rio L nnhaven, L.L.C. 4 ,,,,,,-, ,, " . --\, , i `` May 13, 2015 Public Hearing }, APPLICANT: A,z �i �. �-- RIO LYNNHAVEN, ,v,--,, s ' •,tom •��4,- 1 ;; L.L.C. , ,, 6'2- ,/ ti PROPERTY OWNER: . 0475, 1 do -,,r'`'4 Yom`` �� LYNNHAVEN ,,- e, A ' -.`fie,,` ,,: A k . ,�,3 INVESTMENTS, .2•01.,*r«adw...*.p»space v w.wiw. Modification o/Conditions L.L.C. STAFF PLANNER: Graham Owen REQUEST: Modification of a Conditional Use Permit for a car wash ADDRESS/DESCRIPTION: 1108 Lynnhaven Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14960069540000 ROSE HALL 70,154 square feet 70-75 dB DNL (1.61 acres) APZ-2 4 • BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit allowing the existing car wash was approved by the City Council on November 17, 1980.A modification of that Use Permit to allow for the redevelopment of the site was granted by City Council on July 14, 1998, but was never activated. The full list of the 1980 conditions as well as the 1998 modified conditions is provided at the end of this report. The applicant now proposes to redevelop the site with a new car wash building, vacuum stations, and associated parking and landscaping improvements. The conceptual site plan submitted by the applicant significantly differs from the plan that accompanied the 1998 Modification of Conditions application; therefore, a new application is required. Details Site Plan—The existing car wash will be demolished and the site redeveloped with a 3,233 square foot building and several self-service vacuum stations. The proposed building will be located adjacent to the northeast property line, and will be set back 37 feet from the Lynnhaven Parkway right-of-way. The rear portion of the site is in a natural, wooded state that buffers the use from London Bridge Creek and the RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 1 1 I1 multifamily housing to the southeast. The applicant will not be encroaching into this wooded area; all of the proposed improvements will occur in the northwest currently developed portion of the site. Access, Circulation, and Parking—The submitted plan depicts one vehicular access point along the northeast property line. Vehicles entering the site from Lynnhaven Parkway will queue in a drive aisle, select a wash type at a canopied kiosk, and then enter the drive-thru building for the wash. Vehicles leaving the building will then park to use the self-service vacuums, and then exit the site. The submitted site plan depicts 16 parking spaces, as well as a pedestrian walkway connecting the site to Lynnhaven Parkway. Landscaping and Stormwater—The submitted site plan shows a variety of plantings, including seasonal beds and evergreen hedges along the street, foundation hedges along the northwest and southwest facades of the building, and numerous shade and flowering trees throughout the site. The site will contain a dumpster enclosure in the rear, which will be surrounded by shrubs for screening. Stormwater will be handled on-site through a series of rain gardens, which will function as detention BMPs. The applicant will be responsible for ensuring that these rain gardens are not incompatible with the large shade trees that are proposed in these areas. Architectural Elevations—The submitted elevations depict a one-story, cream-colored 32' x 100' drive- through car wash constructed of concrete block. The southwest elevation depicts a false arched colonnade that adds variation to the side façade. Cornices, peaking parapets, and a red-painted water table also add variation to the building. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Car wash facility SURROUNDING LAND North: • Commercial retail/B-2 Community Business District USE AND ZONING: South: • Commercial retail / B-2 Community Business District East: • Across London Bridge Creek, townhouses/A-12 Apartment District West: • Across Lynnhaven Parkway, single family residences/ District NATURAL RESOURCE AND The site is located in the Chesapeake Bay watershed. The CULTURAL FEATURES: southeast half of the site is wooded and impacted by the landward and seaward buffers of the Chesapeake Bay Resource Protection Area. No development exists or is proposed within these buffers. The site, including portions of the developed area, is also impacted by the Special Flood Hazard Area.All mechanical equipment will need to be flood resistant to water intrusion and flotation from hydrostatic pressure, or elevated above the 7-foot base flood elevation. The building structure itself needs to be made of flood resistant materials to at least 9 feet. 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, r RIO LYNN,1 iVEN, L C;.. ''-';.''''f,. Agenda ItIn4 Y,: 'Pe 2 ;,, 4�; 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 non-residential with respect to type, size, intensity, and relationship to the surrounding uses (pp. 3-1 through 3-3) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): This application requests a modification of conditions for an existing car wash. The site has two existing driveways on northbound Lynnhaven Parkway, and via an ingress/egress easement with the adjacent parcel to the north it has full access to Lynnhaven Parkway at its unsignalized intersection with Riverbend Road. Note that the trip generation information stated below is based on the ITE Trip Generation, eh Edition manual. For the self-service car wash land use, the data published in the manual reflects a sample of six sites primarily from inland states and dating as far back as the 1960s; the trip generation should therefore be treated as only a rough estimate for contemporary Virginia Beach. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Lynnhaven Parkway 34,600 ADT ' 42,100 ADT I(LOS 4"D") Existing Land Use 2—32 ADT 48,200 ADT (LOS "E") Proposed Land Use — 19 ADT 'Average Daily Trips 2 based on a 7-stall self-serve carwash 3 based on an automated carwash a LOS=Level of Service WATER AND SEWER: The site is already connected City water. The existing 1.5-inch meter(City ID #95121946) may be used or upgraded to accommodate the proposed development. The site is already connected to City sewer and is currently utilizing a private force main. Sewer and pump station analysis for Pump Station#547 is required to determine if future flows can be accommodated. Water and sanitary sewer service must be verified and improved if necessary so that the new building will have adequate water pressure,fire protection, and sanitary sewer service. 4 • EVALUATION AND RECOMMENDATION The Modification of Conditions request for a car wash facility is acceptable. The proposed development will enhance the appearance of the site by providing a new building that conforms to the Comprehensive Plan's design recommendations, while also providing a landscaping plan that exceeds the minimum standards in the City Landscaping Guide. The proposal will preserve natural vegetation in the sputheast RIO LYNNJ4AVEN, •L C,. Agenda Itrn 4 -/k Pale 3 corner of the site, which will remain as a natural buffer for London Bridge Creek and the Resource Protection Area on the site. This natural buffer will also screen the use from the multifamily housing immediately across London Bridge Creek. Staff is concerned that the proposed signage is inconsistent with the Comprehensive Plan's Special Area Development Guidelines, and recommends Condition 7 to ensure any signage installed on the site is consistent with the color scheme of the building, is high-quality, and is not distractive. The proposed use and plans are generally consistent with the Comprehensive Plan's land use policies for the Suburban Area, which seek to reinforce commercial uses that are compatible with the surrounding area. Staff recommends approval of this requested modification with the conditions below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on July 14, 1998 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the plan titled "Conceptual Site Plan, Rio Car Wash"dated March 2, 2015 and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 3. The building shall be developed substantially in conformance with the elevation titled "Conceptual Architectural Elevations, Rio Car Wash" dated March 2, 2015 and prepared by Dirigo Design Consultants, LLC. Said elevations have been exhibited to the City Council and are on file with the Department of Planning. 4. The existing wooded portion of the southeastern portion of the site shall remain in its natural vegetated state. 5. All mechanical equipment shall be flood-resistant to water intrusion and flotation from hydrostatic pressure, or elevated above the Base Flood Elevation. 6. All existing barbwire shall be removed from the site and no new barbwire shall be installed. 7. The existing pole-mounted sign at the site entrance shall be removed. Any proposed signage shall meet the regulations of the City Zoning Ordinance, and sign permit shall be obtained from the Planning Department for the installation of any signage. Signage on the site shall be limited to the following: a. One(1)freestanding monument sign, with the color of the base matching the color of the building; and b. Two(2)wall-mounted signs. 8. The proposed dumpster shall be screened by a solid block enclosure painted to match the building, as well as foundation landscaping in accordance with the City of Virginia Beach Landscaping Guide. ''. I' ,, 1 1 I I ,C,, h, RIO LYNNH rV V, L; Cs. s:^'x f4genda It_` 4 P° Ple 4 9. Vacuums installed on the site shall substantially adhere to design depicted on the submitted graphic, entitled "Conceptual Kiosk Canopy, Rio Car Wash,"with the exception that the 'Bubbles' sign element as shown shall not be installed on the canopy. The number of vacuum stations shall be limited to one per parking space. Each vacuum shall be painted a neutral tone to reduce visibility from the right-of-way and maintain consistency with the building. The four central vacuum units shall be screened with shrubs from the right-of-way. 10. The outdoor vending machine installed on the site shall be confined to the rear of the site as depicted on the submitted plan, and shall be screened with shrubs to reduce visibility. No signage shall be permitted above, beside, or below the vending machine. 11. The existing chain link fence with orange slats shall be removed.Any new fence shall not be chain link and must meet the requirements of the Zoning Ordinance. (Note:this condition was added at the Planning Commission hearing) NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. RIO LYNNOAVEN, L. agenda It: 4 Pa 5 • PI s Conditions of November 11, 1980 Use Permit 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. No water shall be permitted to fall upon or drain across public streets or adjacent properties. 4. The recycling of water in accordance with the City Code. 5. Parking at a ratio of 3 spaces for each car wash space within the facility. 6. The submission of a revised site plan. 7. Should the on-site drainage associated with the development outfall into the canal located to the southeast, appropriate permits from the Army Corps of Engineers may be required. Conditions of July 14, 1998 Modification of the Use Permit 1. The building will be constructed with white masonry block and blue fascia trim. 2. A fifty foot(50') buffer must be preserved on the east side of the site where it abuts the A-12 Apartment District. Furthermore, only those trees necessary to accommodate the construction of the building and parking lot shall be removed from the site. CONDITIONS OF PREVIOUSLY APPROVED USE PERMITS BEING DELETED RIO LYNNAVE I, L .C . h 'Agenda It: 4 Pa - 6 ' . : 4 O „ � \ fii00Ait.-- ' •ii, 41' '2-1 i •i• „.41ril 4 Co'f,tC: ; 4. J )J m .4 -II it't O //I. A , .1*' \ ' ,-.-tt 'Oir' ' ,r • '. > �o,� ltl'- , ti rr ." Y r ,, , ..r6. \ . . , i :\ '''. . ..,- : Q 4.• 6. ( / I Cr O Od• 4 i - oa, : ry .1 ` 4. "'A, - ' '. '* 0 ‘ I)-.,' . -..2 /" v? i ,; - ,la �► s 1 / • '` . ,. ., .41: . CCC v ' K., I / / .. AERIAL OF AREA SURROUNDING SITE il RIO LYNNHAVEN, L.L.C. Agenda Item 4 `'c`` Page 7 i1 . . London Bridge Creek .. -Ya,?_,----- /aa -a 6p4/g •a: d 1 •• .‘--'7 4/4,..• • ' ' '*. ''''' '1 -'• IllesoT14414-4,-4,' .- • ••• a • 1. tilliirrillill • --4. �4* '- a ,� • • • •l� � ' • ,fir •• • • •4.. • •• • • • • •• • ...1'2:4,- :: i • 4414141h, 4440:40.. �/(/\,u • •• E . s. • • . • � ••♦ -wti i f. \ l * 4`'`----:',.41. , ,f,,,,,,,,Nr ' -'-:.. '''''`‘.„''''.. N7414.14.'-,,„ 1 if , AERIAL OF SITE 1 1 RIO LYNNHAVEN, L.L.C. �•P Agenda Item 4 , I Page 8 IS 3, 50 1 ,, " ili k, , c s,_ / O i. W 3 ? O W. El 1 f Y u! r I ! /. e3 01 N , 'fir ti /, >43 CC fir: fA % ai.„,,,�` a , Qi t( I • N !IIs i. Cbl 1 q; Q Z! S : n �{ 1.11- I 4 a.: c.?M'—'. ill, II 1 EW- jW1 Iii ....,,,,,,,, (; 1,1 .. 1/4' / ,k� . _++ - z ' .al Y 31 AYMat if E *IYd N3AVFINNA7 i Y I AERIAL OF SITE LOCATION RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 9 [ • London Bridge Creek 06p,j_ O4, 0 1 A i ,4 • a cc L. J.- c..• .1 . - • / • ..Aori 1 ...3 11 , ) :rlia Nit' ..,4,, •,„ , , . •9 /,...,„91 -1441;1411‘ , . -. °''1***' ,••'"'" i rali - . , - •,k-s'• k • . i .... ie / , + • s .0 . . '\ ( •.-. ,.. i ' '''. - s. / ' ' .=.... .„..",.e. % 4 , ''' *.' / --‘ • iiii, .-.....,.. ,1/4.... • f.' j• - ••• ..... ),„. • , c-4-,I, - . /y/ 40, / / '7 A' ' fit tie F• \ ,. i : , •%5/ /if ' \\ ' cir-- 4. i0 ..\ •(,r, f.- • • . / N .. • 'l... ... ( l _t ,,, / , : . ' * \ s•N, ; . , -- *. ' •I '' -./, - , , , PAL( N(h 'N''`,......, ,Vallyirsom • ' '''' ,N.‘ •••, . 47 '...s, • ; 144.•,...,/ ? .,,,.N. , '''''.. s ":' ill 1 i‘!4N k- 4er's• -„,-sr . . V . -f4> "•-- -.. ' N. .. „, ,, ,. 4.,„ .-•,,-k ''' . 0 -• •.... -., . _ 46k, '''.--. •-•. .. --. AERIAL OF SITE INCLUDING PROPOSED SITE PLAN RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 10 .,_ I,i [ .4.'• i 19 ..„ .:___,T 1 0 , ,..3 it z \ 5 w i at , z . w, , ,, i oiem < w . . , 4i , _ u! 1 ' I ami .. 0 wi OM 0 ,41 ,.., ui En! /— w o! , >,..! , w 1 v) >.! , rxi 1 I z z O 0 11 ,, – l< t,t ,, CI)-: 4- , w• g.4 •,— ( LI ( <> 1 \ 0 --,• C.) .,6,j i C4 po. al d i di I V---- 1L , > 1 w = 0: 4 •-. .4 A. II I Ill; ---- 1 '! i -,, ' ril PROPOSED BUILDING ELEVATIONS RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 11 MIIIIIIIIIIIIIMIIIIMIIIIIIMNIIIII O z §ea X< r ; Qom ! ° ■, 4 o ! �° ! Z . . $\ 2� k§ N �\ 1 |IE a § y11.1111 — �� . - /7.,_ 5Si § °°°4 0 ) i/a/m » aed , .W § § ( \ ) / & ! . q//\ | ui: $ \ z 38 {! t |§ lk | \ § ) '1 RR » B § , !/ P § §; \i ! | ,§ ,§ �.§ ; | |{fill.-- -) !| Q!;:! | 2 ?!§ \ () #i \ may| ) QrGp »M2it! ,e . \ V— CC X 1 • % ; 1, g mk N bE 0 1= z ICE ( k 1 § 74- in alZ Aii ( 2 ® i .96141444 u 2 D 2 0 2 = Eg li ,. ,1A± eea /)2 R/ �/ j/ / k§} :$; m ] ! ,, § w PROPOSED MONUMENT SIGN 1 <IA•a \ ) ! RIO LYN N HAVE N, L.L.C. \, Agenda Item 4 \ Page 12 ƒ ... . I : m w> � � O z .Ca ''.2 2 � Co 9 ® ® C$u. - ¢ . za* x E } w 0 . Ini ,,,,:: . • "� t tl Fill vi +lits*-;-..,. .at, �� lti� } --,“ .. N JIiiIJihuiIIIuIIitI!H a 8 IillillI'° '° [ vit- 11111111 Illti E = = ulg ii:EW CO) @ f3i (thu ligQ MIN P,: ' Ol W < Cill) W W , a = wiiiw J 1.` W ._ i-- co co L'i 11:1E —4.7)H 4 -, ,.= . ._ 0 ....,w (0) X11 44444 i- w z m Q U w „ QZT?O .061. 1:1,J; D —U J '02=1 . PROPOSED WALL SIGN RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 13 I�w P11 iii 7. k b 1 Z Z �b gip I I. M z' 51 z! a1 Uf i . i 't \ ammi >.: •''I01.; :4;k g 'P L cAa 11111101 ~ °' N O y oo(A; WI 0 E■I x � Z c) 71 iii p .W`t if 5 .a w s u 6 41 Q a z; 7. �` : 1 iii: Ir hi-ww. a . a,,, 3 PROPOSED CANOPY KIOSK 11 RIO LYNNHAVEN, L.L.C. ' Agenda Item 4 . . Page 14 i. 1 t 111111 innis • JL\ . I R1 PROPOSED VACUUM STATIONS RIO LYNNHAVEN, L.L.C. ;.* Agenda Item 4 Page 15 :q r f ! i :1:: ,yam ifgyp, .44,d, I` V1 '•., f o _211112 1 I! I 6,1-s ..A. , cos' A r , . ILm Ike !Z x x ®- • iti :tea: .. 4 3 _ 11)V imumPROPOSED VENDING MACHINE RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 16 PRINCESS ANNE ap H 9�a � Rio Lynnhaven, L.L.C. Al / v. N. `A'36,,, /s.-4),,-<'6 v\,, , 0-4i-i'. - i _Z 2` -DII mi.........*6 4. v.:ww .kr lfku -4'",..... .. lik Al2 ywv„44 VI ; ' /A.; rjrhia. # ti ` lf � i,1�'I' ` ;A Tse";11.1,11.4.. „ am -4C''\. 4 4y r� A t--,10v��/ f 1.� �y uJ N '' \ � � 1 ` O 4.4, ,/ � ` V - 4 re fel` v B • �,. � ��; -1°, i 4vi,,,tis:.4440,4sks,„:740.41i,":0,0:14.4:744.• i VW r 4itt 4,14.A ��. , o W "� \:"..,,,,,_ A 410PitiO ° "N‘. 4V i• I \ ..;., :""' '• -. C. / 04. 'Zoning with Conditions/Proffers.Open Space Promotion Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 07/14/1998 Modification of Conditions-Car wash Approved 11/17/1980 Conditional Use Permit—Car wash Approved 2 11/13/2001 Conditional Use Permit— Religious Use Approved 11/23/2004 Conditional Use Permit— Religious Use Approved 3 05/11/1987 Conditional Use Permit—Automobile Repair Approved 4 08/09/2005 Change of Zoning—A-12 Apartment to Conditional B-2 Community Approved Business District 5 04/13/1993 Conditional Use Permit—Automobile Repair Approved 6 09/11/2012 Conditional Use Permit—Automobile Sales and Service Approved \--% RIO LYNNHAVEN, L.L.C. Agenda Item 41, Page 17 +ii DISCLOSURE STATEMENT O APPLICANT DISCLOSURE ~1 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) Rio Lynnhaven, L.L.C.:Jeff Small 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) CoOr IllCheck here if the applicant is NOT a corporation,partnership,firm,business,or other unincorporated organization. imil PROPERTY OWNER DISCLOSURE I♦ Complete this section only if property owner is different from applicant. AIf 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) OLynnhaven Investments,LLC:Diane Monroe and Diane Monroe FI.T.4 2. List all businesses that have a parent-subsidiary)or affiliated business entity2 Orelationship with the applicant: (Attach list if necessary) On Check here if the property owner is NOT a corporation,partnership,firm, IIbusiness,or other unincorporated organization. ..ies U 1&2 See next page for footnotes �= Does an official or e�m-gloyee of the City of Virginia Beach have an interest in the prnms subject land? Yes I I No X ill If yes,what is the name of the official or employee and the nature of their interest? A Co) Modification of Conditions Application Page 8 of 9 Revised 1W1612014 DISCLOSURE STATEMENT yc3‘ s A bJ (,,,,< RIO LYNNE AVEI,1L: C, '' <Agenda It. 4 P418 a, DISCLOSURE STATEMENT 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) PL4 WPL Sykes,Bourdon,Ahern&Levy, P.C. '"Parent-subsidiary relationship"means"a relationship that exists when one O 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''"11 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 C� 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. Yi 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 I 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 of processing and evaluating this application. 01112 V 1 �--� Jeff Small Applicaqs Signature Print Name 10(eGy� ,t) ewue— Diane Monroe Property Owner's Signature(if different than applicant) Print Name Modification of Conditions Application Page 9 of 9 DISCLOSURE STATEMENT RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 19 fr.:- 'f s r r* 7 4. Virginia Beach i DISCLOSURE STATEM ENT 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 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 • SECTION 1 / APPLICANT DISCLOSURE El Check here if the APPLICANT IS NOT a corporation, partnership, firm, 1 business,or other unincorporated organization. © Check here if the APPLICANT IS a corporation, partnership, firm, business, or FFOR CITY USE ONLY/All disclosure k must be updated two(2,werl:S pilo,to any 1 Page 1 of 4 Plannmq L nimissiov and City Counul meeting am'pr,ta n to the applicationts). 1 ti O APPLICANT NOTIFIED OF HEARING DATE ❑ NO CHANGES AS OF DATE __0 __ REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT RIO LYNN$AVEN, L. ..-C, w u;4genda It 4 x _ ,. Pag20 j 4 ClAr Yirgiiiie°$e A 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) • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • See next page for information pertaining to footnotes1 and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. U 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) L.Y/WI-atev\ h Lies TY1eiA7-5; -�-- S. ivi re e r/ Sok i"l e w,b.4 r/w,a..,�. ;, YVN 444.L -Dlane S Orley.r e- (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. DISCLOSURE STATEMENT 1F RIO LYNNOAVklv, L. Aff;. Agenda It 4 Pag `-21 DISCLOSURE TATE ?(t • Owe Virgil.Bach "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 Oii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoDlication or jiv 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 [J Architect/Landscape Architect/ Land Planner ❑ [8:1 Contract Purchaser(if other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed 0 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) !74 Construction Contractors Tot�+� Sl CO uir El Engineers/Surveyors (1..! PL 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. DISCLOSURE STATEMENT RIO LYNNHAVEN, L.L.C. Agenda Item 4 Page 22 a♦ Virginiateach Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1:1Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/Agents for L 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 meetin of any public body or committee in connection with this Application. APPUCANTS SIGNATURE PRINT NAME DATE s- qb0.5. PROPERTY OWNER'S SIGNATURE PRINT NAME I 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. DISCLOSURE STATEMENT RIO LYNNI4AVEN, L. C, 'Agenda It. 4 Page 23 .5 Item #4 Rio Lynnhaven, L.L.C. Modification of Conditions 1108 Lynnhaven Parkway District 3 Rose Hall May 13, 2015 CONSENT An application of Rio Lynnhaven, L.L.C. for a Modification of a Conditional Use Permit for a car wash on property located at 1108 Lynnhaven Parkway, District 3, Rose Hall. GPIN: 14960069540000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on July 14, 1998 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the plan titled "Conceptual Site Plan, Rio Car Wash" dated March 2, 2015 and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 3. The building shall be developed substantially in conformance with the elevation titled "Conceptual Architectural Elevations, Rio Car Wash" dated March 2, 2015 and prepared by Dirigo Design Consultants, LLC. Said elevations have been exhibited to the City Council and are on file with the Department of Planning. 4. The existing wooded portion of the southeastern portion of the site shall remain in its natural vegetated state. 5. All mechanical equipment shall be flood-resistant to water intrusion and flotation from hydrostatic pressure, or elevated above the Base Flood Elevation. 6. All existing barbwire shall be removed from the site and no new barbwire shall be installed. 7. The existing pole-mounted sign at the site entrance shall be removed. Any proposed signage shall meet the regulations of the City Zoning Ordinance, and sign permit shall be obtained from the Planning Department for the installation of any signage. Signage on the site shall be limited to the following: a. One (1) freestanding monument sign, with the color of the base matching the color of the building; and b. Two (2) wall-mounted signs. Item#4 Rio Lynnhaven, L.L.C. Page 2 8. The proposed dumpster shall be screened by a solid block enclosure painted to match the building, as well as foundation landscaping in accordance with the City of Virginia Beach Landscaping Guide. 9. Vacuums installed on the site shall substantially adhere to design depicted on the submitted graphic, entitled "Conceptual Kiosk Canopy, Rio Car Wash," with the exception that the 'Bubbles' sign element as shown shall not be installed on the canopy. The number of vacuum stations shall be limited to one per parking space. Each vacuum shall be painted a neutral tone to reduce visibility from the right-of-way and maintain consistency with the building. The four central vacuum units shall be screened with shrubs from the right-of-way. 10. The outdoor vending machine installed on the site shall be confined to the rear of the site as depicted on the submitted plan, and shall be screened with shrubs to reduce visibility. No signage shall be permitted above, beside, or below the vending machine. 11. The existing chain link fence with orange slats shall be removed. Any new fence shall not be chain link and must meet the requirements of the Zoning Ordinance. (Note: this condition was added at the Planning Commission hearing). A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 4. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 9-0, the Commission approved item 4 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 4 j( LQ' :Yi;i ' cJ ca, usi ce illi 0 cl ,..--- ..t. II 1 r=' I► - 0 a /- q.,.• z Cilld I \ . 4 q q o F -y I � .1,:;f:7 ) . by - r `¢ _ fl 1T-pv ,iA n wog Ral a i bi' tie: i i0 0a __, - s1101_ II i,r __•,39 .4..) _ .-, . • • - ___....______ ct , . , 0 \ a ,,---- NeCjt,IFIC: :::-. Z=---- ir"....'- ;1111 ilia L-C1L-1 'Tri- %.....ol _____ lite ,_ _, __ , _,_.__ _. ...........N.NN ] __ .11 Mr cal, _ _-__,,--.... .--,-,' ----1-:::-..._ --. ... ...7 S... Lts '7 1. - _N\ IR a a , 9iik,'N'i..‘__\,,,, ad- . ill a � = j .1 :r-3 L,,1 ,ii � 0 1 2 mr-v-- -, „.____,, N-_,..2,,,,.$. ,,N ci II .4k --.--- IN,,, -c-I ... .„ _ r___1 i \kNk 4. i IDI La U) iii-il / 412. _ q --1,__. -TO . Ef0 t13Koblv _— a ,'''', d CI Zfr r CO .! t D 4s' z�r IllLr- ci v,, c ICC1 1 ll ,,, </,' la.. I r r rr ' i .- .1__-! w' i _Q i. "__- o lig ' 13 Ill Z t. 311/ tio Avow IffD I) ..., Qf...°) A 1 a ::: /Nz tz.L '7 • r :._ 0 - � J --______ .J ,rte' — z° [ ,,,,--, sc C� s�p ;r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KING'S GRANT BAPTIST CHURCH (Applicant & Owner), Conditional Use Permit (Open Air Market), 873 Little Neck Road (GPIN 1488828793). COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: June 16, 2015 • Background: The applicant requests a Conditional Use Permit for an Open Air Market. Specifically, the church desires to provide a Farmers Market for the benefit of the surrounding community; there will be no financial benefit to the church from the market events. The church wants to provide this service to the community during 2015 on a limited number of days. If it proves popular, the church will consider continuing the market in 2016. • Considerations: The proposed market will occur during the months of June through September, on two Thursdays each month, from 4:00 p.m. to 7:00 p.m. During each market event there will be food trucks and vendors. Products sold by the vendors at the market could consist of regular and organic fruit and vegetables, all-natural meat products, home-grown flowers, home-baked goods and pastries, local seafood, clams, and oysters, homemade cookies, organic herbs, as well as handmade and homemade items. There will also be an area with information tables featuring educational materials, particularly on sustainability, a children's activity area, and live or pre-recorded music. Further details pertaining to the proposal, Staff's evaluation of the request, and a petition of support from the adjacent property owners and the Little Neck Swim and Racquet Club 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Activities related to the Open Air (Farm) Market shall be located within the areas designated on the submitted plan, entitled "King's Grant Baptist Church Farm Market Layout, June, 2015." KING'S GRANT BAPTIST CHURCH Page 2 of 2 2. Products sold at the market shall be limited to local agricultural, seafood, and related organic food products, as well as homemade and handmade items. 3. The Open Air Market shall only operate on two Thursdays per month from June through September. Operating hours shall be from 4:00 p.m. to 7:00 p.m. 4. One (1) sign, no greater than 32 square feet, with a maximum height of 12 feet, and set back at least seven (7) feet from the property line, may be installed per the provisions of Section 211(b)(1) for temporary signs. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. Amplified live and pre-recorded music shall be permitted during the time that the market is allowed to operate, but shall be at a volume consistent with the provisions of Condition 8. 7. As required by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. 8. As provided for by Section 239.03(b)(5) of the Zoning Ordinance, during its operation, the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. • 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 Departmen ; ': ,! City Manager: �' � LYNNHAVEN 1,1;11%; &sH-s King's Grant Baptist Church 7 R20* R30 R�5June 10, 2015 Public Hearing R20 , `. w AR. er APPLICANT & PROPERTY OWNER: '5KING'S GRANT r,,.,. t15 , 02 R1s �� BAPTIST CHURCH R15 I NEWCASTLE RD R15 R20 Alli6 rry++r«.re.rr.m..,op..sp.a.prv...wvn CUP Open Air Market STAFF PLANNER: Stephen J.White REQUEST: Conditional Use Permit for Open Air(Farm) Market ADDRESS/DESCRIPTION: 873 Little Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14888287930000 LYNNHAVEN 4.4 acres Less than 65 dB DNL • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit for an Open Air Market. Specifically, the church desires to provide a Farmers Market for the benefit of the surrounding community; there will be no financial benefit to the church from the market events. The church wants to provide this service to the community during 2015 on a limited number of days. If it proves popular, the church will consider continuing the market in 2016. Details The proposed market will occur during the months of June through September, on two Thursdays each month, from 4:00 p.m. to 7:00 p.m. Each market event will consist of the following elements: Food Trucks and Vendors—At this time, five food trucks and seven vendors have committed to be part of the market, but for varying dates. Products sold by the vendors at the market could consist of regular and organic fruit and vegetables, all-natural meat products, home-grown flowers, home-baked goods and pastries, local seafood, clams, and oysters, homemade cookies, organic herbs, as well as handmade and homemade items. KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 1 The area designated for food trucks and vendors on the submitted site plan can ultimately accommodate a total of 25 trucks and vendors in the future. The designated area consists of the parking lot on the southern side of the church. Information Tables—There will be at least one table at each event devoted to providing educational materials pertaining to sustainable living. There will be a focus on a different topic with each event. Children's Activities—There will be an activity for children provided during each market.The activities will range from recreational and entertainment opportunities, such as a bounce house to educational activities, such as making seed balls from mud and plant seeds. The submitted site plan shows that the children's activities will occur within the existing lawn area between the southern wall of the church building and the southern parking lot Music—There will be live or pre-recorded music playing during the market time. The music will be amplified; however, the church, based on its past outdoor events on the site and its interaction with the adjacent residents through the years, is aware of the volume level that is acceptable. Additionally, music will cease at 7:00 p.m., when the market closes, or sunset, whichever is first. Parking during market days will be available within the existing parking areas on the east and north sides of the church. There are approximately 140 parking spaces in those parking areas, which lie outside the portion of the parking lot designated for the vendors and food trucks. The applicant also anticipates that residents of the surrounding community will also arrive by bicycle or walking. The applicant has also coordinated with Little Neck Swim and Racquet Club, located on the opposite side of Little Neck Road, to ensure none of the proposed Thursday market dates conflict with any proposed events at the swim and racquet club. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious use(church) SURROUNDING LAND North: • Fire Station#20/R-20 Residential District USE AND ZONING: South: • Single-family residential/ R-20 Residential District East: • Little Neck Road • Outdoor Recreation (swim &racquet club)/Conditional 0-2 Office District West: • Single-family residential/ R-20 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as 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. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 2 II quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality, the Plan promotes compatible land use, safe streets, and a careful mix of land uses. Achieving these goals requires that all land use activities, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. 4 • IMPACT ON CITY SERVICES There will be no more impact on City services by the proposed market than currently exists from the site's use as a church. 4 EVALUATION AND RECOMMENDATION The applicant desires to provide a service to the community through a Farm Market that will be held on the church's property twice a month from June through September. Throughout the process of discussing this proposal with the applicant, staff has been impressed with the conscientious preparation conducted by the applicant. The church desires to offer the market this year, and if the market is successful, the church will be able to continue in subsequent years, subject to the conditions recommended below. Conversely, if the church desires to make changes to some element of the market, a modification to the Use Permit will be required. In sum, the proposal meets the standards for Open Air Markets as provided by Section 239.03 of the Zoning Ordinance, and based on the type of use proposed, its scope, and the fact that the market will be held on only eight days from the beginning of June to the end of September, Staff finds that the proposal is acceptable with the conditions below. CONDITIONS 1. Activities related to the Open Air(Farm) Market shall be located within the areas designated on the submitted plan, entitled "King's Grant Baptist Church Farm Market Layout, June, 2015." 2. Products sold at the market shall be limited to local agricultural, seafood, and related organic food products, as well as homemade and handmade items. 3. The Open Air Market shall only operate on two Thursdays per month from June through KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 3 II September. Operating hours shall be from 4:00 p.m. to 7:00 p.m. 4. One(1)sign, no greater than 32 square feet, with a maximum height of 12 feet, and set back at least seven(7)feet from the property line, may be installed on the lot no more than two(2)days prior to the day of the market. Said sign shall be removed after the market closes for that day. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. Amplified live and pre-recorded music shall be permitted during the time that the market is allowed to operate, but shall be at a volume consistent with the provisions of Condition 6. 7. As required by Section 239.03(b)(2)of the Zoning Ordinance, there shall be no less than one(1) trash receptacle per one thousand (1,000)feet of sales area. 8. As provided for by Section 239.03(b)(5)of the Zoning Ordinance, during its operation, the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 4 t• ' r�' , -' ivy, . "i'. •o!':$•,-1`'-=';`•--;,'#'!"- ,,,-.140.' i. ,t Y,t 7'1 . . _. ,;244,-..,..----..--...1 Via. :1',..S4' ' r 4 0 ,1 sw ♦ • r J11 ‘ 1' i. 11! 0 t.j,- --'-' 3 * s, ',:J' Aw 1.1, g 1 ,v't ' ,.. t " ..,-• xr ,'.. e¢ t yi ir Y�. ; i. V i111Ir -e' .-• .e _-- t , �y 11( ` `, i I\ ' � a adf , w ,ti 4 AERIAL OF SITE LOCATION I KING'S GRANT BAPTIST Agenda ItemCHURCH 7 Page 5 Vii, _... i King's Grant Baptist Church r- Farm Market Layout (., ---Tr u• TLeNECKRv June 2015 • j: d s .. .Y dc it W% I 8 .. Oil © , 8 y=W 8 [CO� z� a +L ' gagtO 0 i ( \ ' ' 1 cnwctu' I . _ . ";. _ . _ O H v rk EQQS y mm ,,. PROPOSED LAYOUT OF FARM MARKET KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 6 LYNNHAVEN Map G-5& H-5 • King's Grant Baptist Church Ma Not to Scale P �9- L� '0* R30 ri p s , • 't iN ARCt1ER CTsi 1113 ‘.' ni 0 rp-s \ as. " Vi. L.---- gin ii ?r,,,A111111 4 j 1 oroff, , t - r R1 V ■ 5 02*; r.._:-_ �KlNGS LAKE DR a ok vi x tc LA 0 [3--k,. �~ or of E2ji (Li 4. r_ '-i'---'ia NEWCASTLE / L_z -, _ soimii RD pOjeceReNn ism ,,,, .,. , ,_, ............ ., iil ..1 'Zoning with CondltionsiProfexs.Open Space Promotion CUP Open Air Market ZONING HISTORY # DATE REQUEST ACTION 1 06/12/2001 Conditional Use Permit(Religious Facility—church expansion) Approved 10/28/1968 Conditional Use Permit(Religious Facility—church) Approved 09/12/1966 Conditional Use Permit(Religious Facility—church) Approved 2 06/10/2003 Modification of Proffers Approved Conditional Use Permit(Communication Tower) Approved 02/09/1981 Change of Zoning (R-3 Residential to Conditional 0-1 [now 0-2]) Approved Conditional Use Permit (Private Recreational Club) Approved 3 07/25/1986 Subdivision Variance Approved 4 05/23/1995 Change of Zoning (R-30 Residential to R-20 Residential) Approved Street Closure Approved 5 07/25/1986 Conditional Use Permit(Open Space Promotion) Approved KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 7 [7t.Sb Vi1ulOU Beach 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 Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, �( business, or other unincorporated organization. Er Check here if the APPLICANT IS a corporation, partnership, firm, business, or F OR CITY USF ONLY/Al'd scicsure< .x:he Lrh ed t_c(1r ,Efl“r cc any Page 1 of 4 t �nnnu(cmm,< ,c <.r d Coy Ccurxd meeuno h.t pert ,rs"c Ute 4F}..-cauonh; O APPUC ANI NOIIFIF DOI HEARINC i UAir 0 NU CHANCES AS OF RIVIS"ONSSUP.111TFD ( E DISCLOSURE STATEMENT KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 8 U.4 Virginia Bye 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) CO C7 4, pi int (ThnyC1,1 - Mary /6\iie mc, r�i ': SCAc,C1y :trtfito e , rt,1Cly i usso Eelt? Io�G (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. g 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) Kind CIO (1 pr ( t,i - Apre y eliitt 0 i IU ( tA '.; So Fd TUdcI (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) DISCLOSURE STATEMENT KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 9 04,4 Virginia nits 4./4 t "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 1 needed) © Accounting and/or preparer of your tax return © Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 [ Construction Contractors Engineers/Surveyors The disclosures contained in this form are nereccary to infnrm n,,hl D2.e aA DISCLOSURE STATEMENT KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 10 Ott al Yuginiia Beads Financing (include current ❑ (2 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ © Legal Services Real Estate Brokers /Agents for ❑ LI 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. ct, C 1/li EIIZO L)r t son `i/l5/iS APPLICANT'S SIGNATURE PRINT NAME DATE r � �Yv�Y✓} L-t.:,. ! U{l G �.I to I[7 t, !i LPROPETY OW�t(ERIS SIGNATURE PRINT NAMI DATE DISCLOSURE STATEMENT KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 11 We,the undersigned,support the King's Grant Farmers'Market to be held at King's Grant Baptist Church,873 Little Neck Road,Virginia Beach,Virginia 23452. 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U 7•, Ll1'1t.t µ gN6M.ai �-c�GI.U� 41C . C vb -co $ $6iii5fbt-r) PETITION OF SUPPORT KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 12 We.the undersigned,support the King's Grant Farmers'Market to be held at King's Grant Baptist Church,873 Little Neck Road,Virginia Beach,Virginia 23452. Name Address Phone# Signature - „ .bra1"LIP.v.�rirmis.a ;i�ra�=w�r�=i I C-'()1 cCP ,ara r .r 42)Y 36 L I , or IXTLIC."drvbcg-'1 • • PETITION OF SUPPORT KING'S GRANT BAPTIST CHURCH Agenda Item 7 Page 13 -..• I 1 • : - d'Itie- `,--- y AL • Nr-d o . '''.--!..-' ' ''''...,.'I--''' -'44 1.',...j%. ao. .. 1111.- °Cr A.': 1 - i.___.------ lati°C is cu cid . ,_ Q. . , 4 ,. • 1} '' ` j . fir` 04 e'' 4: • -' :a ... . % „,,.. .„)›. 1,4,2 - It.,.„ _ , ,..._. . _... ,, !,,....1„,....., , ,d,(*,;v:. <_.., ct. t.,„,__ .. - t ,,, ;„..„. ci.j..i:-.7.. ,- ..„ ,...., .: _.". Li ja .,. _ . ^i y T cupEb\ h 0 ,' 1 � .. • I ` G "v) vri" U) o ..4 ' �.. � tn f - � ' L a a . a . o w� ' a ' 0 r ": (/) . o . / to vy. , i . /:::' 2 G 04 t z, V.. a ) ) iV2 Vr o V /' ` / �e. .' n00 O0 . ,. , 4 0) r(,) (.„0 C, , ._ _ '11,,.. Mei, ..1,,N % (.., \ ,. („) „.) . vi (.„ 0,.,.,,,,,,,... . . ,,,,,, .._„,,,,„ ,, ,....... 0 .... .. , \\., t o ) R ! 71 Gia„ � IS , ' ` •• aao ." aaaa r aa a1. a a a L GIL V) N o , N 0 0 C i 0 fr., a a .y • a • G • i • a + N. t) v) Vt! V) - co I V) V) -- 1 1ooa0 'haao6 . da 13 -7w . o n ) v) !) . I rt Jr, Sv r j . •n 7 ia a � . i. V 1 d i aa t4 -. noon' o . i t (-•0 • 0 e it : GI o O 1 �� IZ Ct 2 CIa C d I., a 1111 Ct 4 Z fi.. 4, W 0 MR Willi M� Z -� Za a o o a o a 33 Z V) 0 V) V) 0 to 0in 1 �. o o o a a a a a g N �`fH1Ayi7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREYSTAR GP II, LLC (Applicant) / THE TERRY COMPANIES FIVE, LLC (Owner), Conditional Use Permit (Housing for Seniors). Site is located between Shore Drive and the western terminus of Ocean Shore Avenue (GPIN 1489799060). COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: June 16, 2015 • Background: In 2014, City Council approved Modification of a Conditional Use Permit, authorizing 219 dwelling units, distributed on the site as 48 owner-occupied condominium units on 4.7 acres of this site, and 171 apartment units on 2.76 acres of the site. • Considerations: The applicant is the contract purchaser of the 2.76-acre apartment parcel; the applicant is requesting a Conditional Use Permit for Housing for Seniors and Disabled Persons within two proposed buildings. The Conditional Use Permit for Housing for Seniors restricts occupancy to generally those who are at least 62 years of age or older; and Housing for Disabled Persons restricts occupancy to disabled or ill persons or their family members who serve as their caregivers. Information and details pertaining to the proposal, including site layout, building plans, and 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 8-0-1, 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 site layout on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of OVERTURE POINT CHESAPEAKE, Virginia Beach, Virginia," prepared by MSA, P.C., dated March 2, 2015, which has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. GREYSTAR GP II, LLC Page 3 of 3 9. Other than a building-mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 10.No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 11.Ground floor parking spaces shall be screened from view from all rights-of- way by the installation of a solid wall, minimum height of four feet, at the base of the structure or within the split-face CMU piers of the building, with building materials and colors compatible with the buildings' facades, or by other means acceptable to the Planning Director. 12.Trash compactors and dumpsters shall be screened from view from the rights-of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings' facades. 13.The following shall not be located between the public rights-of-way and the buildings' façades unless screened by a method approved by the Planning Director: heating and ventilation equipment, generators, any other mechanical equipment; and trash receptacles and compactors. 14.All easements, utility easements or otherwise, shall be identified on the final site plan. 15.Roof-mounted equipment shall be screened from view of all public rights-of- way and from any public open space. 16.A Lighting Plan shall be submitted during final site plan review to ensure consistency with the applicable Comprehensive Plan Design Guidelines. • 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 Departmen City Manager: a4 '• (X I LYNNHAVEN b'''IC�� Gre star GP H. L.L.C. 3 01 da . ei May 13, 2015 Public Hearing APPLICANT: _ 4�'� GREYSTAR GP II, �`� " LLC 1-1 �- -,off er ---': PROPERTY OWNER: a R ,,—/.,,,, THE TERRY �` R = COMPANIES FIVE, 'Zoning M ema + cooProamoSomem Some Mambo CUP Mousing for Seniors It Disabled Persons L L C STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit(Housing for Seniors and Disabled Persons) ADDRESS/DESCRIPTION: Ocean Shore Avenue/Cherry Tree Place GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14897990600000(portion of) LYNNHAVEN 2.76 acres Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit permitting up to 158 multifamily units within six buildings on this site and the adjacent 4.7-acre Chesapeake Bay site was approved by the City Council on December 7, 2004. In 2006, modifications to the 2004 approval were administratively approved, as the revisions were deemed to be in substantial conformance with the original concept. Most recently, in 2014, City Council approved a revision to the original concept, authorizing 219 dwelling units, distributed on the site as 48 owner- occupied condominium units, on the 4.7-acre portion of the site, and 171 apartment units, on the 2.76- acre portion. The project included 1.82 parking spaces per unit. A subdivision plat for the purpose of creating two separate parcels, one for each of the communities, is currently under review. The applicant is the contract purchaser of the 2.76-acre apartment parcel and is seeking a Conditional Use Permit for Housing for Seniors and Disabled Persons within two proposed buildings. The Conditional Use Permit for Housing for Seniors restricts occupancy to generally those who are at least 62 years of age or older; and Housing for Disabled Persons restricts occupancy to disabled or ill persons or their family members who serve as their caregivers. GREYSTAR GP II, LLC Agenda Item 3 Page 1 Details The 171 independent living apartments are proposed within two, five-story buildings. The buildings are designed with parking on the ground floor and four stories of living and amenities above. The two buildings will be connected via an "amenity deck," on the first floor of the residential units. The submitted elevations depict the use of high quality building materials of cement fiberboard siding, standing seam metal roof accents and a small amount of split-face block for the ground floor. In Staffs opinion, the design of the buildings is an upgrade over the 2014 proposal. A slight revision to the layout relocates the swimming pool on top of the parking deck, thereby freeing up more area for open space. The proposed amount of parking is reduced to 1.3 parking spaces per unit, eliminating one full level of parking that instead will be filled with amenity space for the residents. Proposed vehicular access remains as approved in 2014, with two ingress/egress points onto Ocean Shore Avenue. No access points are proposed on the frontage along Shore Drive, Cherry Tree Place, or Page Avenue. According to the applicant's engineer, stormwater management will be provided through a series of infiltration trenches located under the pavement. Some pretreatment of the stormwater may also be provided via a vortex- type unit, commonly used in parking lots. The details will be addressed during final site plan review. While the Conditional Use Permit allows for residents to be 62 years of age, the applicant indicates that the average age of residents is expected to be in the low 70s. Similar to other facilities built by the applicant, the property is specifically designed with the senior in mind. A full-time activities director will oversee activities, events, speakers, classes, etc., related to health and wellness, finances and legal services, education, and entertainment. A 24-hour concierge will coordinate maintenance requests and arrange and coordinate housekeeping, deliveries, catered meals, personal training, salon and spa appointments, home health care, and similar needs. A continental breakfast will be offered every morning, as well as weekly Friday'happy hour' and Sunday brunch. Up to 15,000 square feet of indoor amenity space is planned which will include a clubroom with computers, kitchens, convenience store, and concierge desk; a health and wellness wing with a fitness/yoga studio, spa and pool access; a club wing with entertainment lounge, and boardroom and guest suite. Outdoor amenity space includes an outdoor pool, elevated garden beds, grill area, walking trails, and a dog park. A shuttle for outings will be available, but not necessarily on standby. With regard to parking, under the multifamily parking requirement, 312 parking spaces are required for 171 apartment units. Since this is a Conditional Use Permit for Housing for Seniors and Disabled Persons, however, Section 235 of the Zoning Ordinance allows the parking ratio to be reduced to one space for each independent living unit. Accordingly, only 171 parking spaces are actually required. The applicant will be providing 214 parking spaces, equivalent to 1.25 spaces per unit. Thus, there will be a surplus of 43 parking spaces over what is required by Section 235. Another benefit of this proposed use as compared to the use approved in 2014 is a reduction in the traffic being generated, which will lessen the impact on an already over-capacity Shore Drive. 4 e LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: vacant, temporary construction easement for Lesner Bridge replacement project SURROUNDING LAND North: • Multifamily dwellings/B-4 Business District(Shore Drive USE AND ZONING: [SD] Overlay) South: • Shore Drive • Restaurants, Pilot Associations/B-4 Business District4SD) r J GREYS1,AR GP II =x LC ' 'Agenda It; 3 Pae 2 East: • Cherry Tree Place • Multifamily dwellings/B-4 Business District(SD) West: • Chesapeake Bay • Multifamily dwellings/B-4 Business District(SD) NATURAL RESOURCE AND This site is in the Chesapeake Bay Watershed. As the site was CULTURAL FEATURES: previously developed, and those structures have since been either removed or relocated on the property, the site is mostly sand with sparse vegetation.With the Lesner Bridge replacement project, a seawall is proposed to protect the bridge's pilings and abutments. It is the applicant's intent to construct a seawall on the project site and tie into the bridge's seawall. This will enable an increase in elevation of the property from approximately 10 feet to 13 feet above sea level. As a portion of this property is within the"VE"zone of the floodplain, the property owner previously indicated that a map revision from FEMA will be pursued, based on the new elevation created by the seawall. In February 2013, the Wetlands Board approved the installation of a 600 linear foot seawall, a 10-foot wide porous pavement walkway parallel to the wall, and 1,818 square feet of impacts to the primary coastal sand dune and beach. COMPREHENSIVE PLAN: This site is located in the Suburban Area, and specifically, Suburban Focus Area 1 -Shore Drive Corridor. The corridor extends from Independence Boulevard to First Landing State Park.While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors. The area is considered a resort neighborhood instead of a resort destination. Comprehensive Plan recommendations include: preservation and protection of the character of the established neighborhoods; allowance of the lowest reasonable density for future residential uses; improvement of public parking and public access to the beachfront; and promotion of corridor beautification. 4 e IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive is a four-lane urban major arterial. The site's entire frontage along Shore Drive is part of CIP Project 2.168.000, Lesner Bridge Replacement, which is under construction and scheduled to remain so until the end of May 2017. The eastern project limits are at the Page Avenue intersection. Page Avenue is also the western project limit of CIP Project 2.117.000, Shore Drive Corridor Improvements—Phase III which is approaching 65 percent design status, pending completion of a drainage study. This project will modify the geometry of the intersection of Page Avenue, Cherry Tree Place, and Shore Drive. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 27,300 ADT (Level of Existing Land Use l- 1,138 Shore Drive 37,600 ADT Service"C") - 31,700 ADT 1 ADT (Level of Service"E") Proposed Land Use° —596 GREYS1AR GP II,LLC Agenda It, 3 Pae:3 ADT 'Average Daily Trips 2 as defined by existing 171 traditional apartments 3 as defined by 171 multifamily senior housing units 4 LOS=Level of Service WATER: This site must connect to City water. There is an existing 6-inch City water main along Ocean Shore Avenue and along Cherry Tree Place, and a 16-inch City water main along Shore Drive. SEWER: This site must connect to City sanitary sewer. There is an 8-inch City sanitary sewer main along Ocean Shore Avenue and a 10-inch City sanitary sewer main along Cherry Tree Place. There is an 8-inch City sanitary sewer main and a 16-inch HRSD sanitary sewer force main along Shore Drive. There is an abandoned eight-inch plugged City water main extending from Shore Drive, and an abandoned four-inch plugged water service line and an abandoned six-inch plugged water service line located onsite with a variable width public utility easement. Analysis of Pump Station#200 and the sanitary sewer collection system is required to ensure future flows can be accommodated. • • EVALUATION AND RECOMMENDATION This project site is located within the"Blue Zone" as identified by the Shore Drive Corridor Design Guidelines. The"Blue Zone" is generally located between the intersection with Vista Circle encompassing the Lesner Bridge and its approaches up to the intersection with Surry Road. The "Blue Zone" is unique in its close orientation to the Lynnhaven River and the Chesapeake Bay, with the objective being to facilitate views to the water environment. The design principles found in the Comprehensive Plan's Special Area Development Guidelines, when implemented, are tailored to ensure projects contribute to improving the quality of the city's physical environment and overall quality of life. Section 235(b)of the Zoning Ordinance states that City Council may set the density of a Senior Housing project based on conformance to the Senior Housing Facility Development Guidelines and the adequacy of the services and facilities proposed. In this respect, the proposed facility equates to a density of 61 units per acre. The Conditional Use Permit for Senior Housing and Housing for Disabled Persons for up to 171 units, in Staff's opinion, is generally consistent with the recommendations of the Shore Drive Corridor Suburban Focus Area, and, importantly, with both the Shore Drive Corridor Design Guidelines(Shore Drive Guidelines)and the Senior Housing Facility Development Guidelines(Senior Housing Guidelines). A description of how the project conforms with regard to the Shore Drive Guidelines and the Senior Housing Guidelines is summarized below. SHORE DRIVE GUIDELINES Street Elevation—Multiple-unit residential buildings should have at least one street-oriented entrance and contain the principal windows of the front unit. The proposed apartment building elevations meet this requirement. Building Facades - Facades should: utilize articulation to reduce the scale and one-dimensional appearance of buildings to provide visual interest; employ wood, cedar shingles, hardboard siding, lightweight concrete siding, or shingles with foundation walls of brick, split-faced block, or painted concrete. It is Staffs opinion that the submitted elevations meet these Guidelines with the use of pdreires, i h GREYSt,4R GP 11,. 4.LC Agenda It 3 Pa=e 4 roof accents, and articulation between building materials. The submitted elevations depict the use of high quality building materials of cement fiberboard siding, standing seam metal roof accents and a small amount of split-face block for the ground floor parking. Shore Drive Building Orientation - Fronts and sides of buildings oriented toward Shore Drive should incorporate one-story porches, arcades, bay windows, entry areas, awnings, or other such features. The proposal is consistent with this recommendation via the use of porches and roof awnings as accents. The strong architectural feature at the corner of Shore Drive reflects this recommendation. Material Changes-Walls of more than one material should only change material along a horizontal line, not a vertical or diagonal line, and the heavier material should always go beneath the lighter material. The design is generally consistent with this Guideline. Specific suggestions were submitted to the applicant; with regard to increase in the use of standing seam metal as an accent. The applicant was amenable to this recommendation and the elevations reflect Staff's request. Landscape Plans— Plant material must adhere to the City development ordinances and special provisions in the Shore Drive Recommended Plant Materials List(Spring 1999).As a detailed Landscape Plan was not submitted, Staff recommends conditions to address this deficit including:the use of informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind;and the installation of additional plantings beyond the minimum requirements as outlined in the conditions. Parking Areas - Placement of parking should minimize and conceal large expanses of paving. It appears that the majority of the parking spaces are located under and behind the building, primarily out of view from the rights-of-way. Staff is recommending a condition that the ground floor parking be screened from view with a solid wall, minimum height of four feet, at the base of the structure and/or in between the building's brick columns. This is consistent with the Landscaping Guide's requirements for parking garages. Signage-The style, size, color, and building material of all signs should be durable, attractive, and coordinated with materials used on the primary structure and coordinated throughout the site. Staff has recommended a condition of the Use Permit to address this Guideline. SENIOR HOUSING GUIDELINES Site Selection -Consistent with the Senior Housing Guidelines, the location for the facility is proposed within close proximity to useful services and facilities such as banks, shopping centers, medical services, among others, such as general retail, a grocer, pharmacy services, and restaurants. The project is located in an aesthetically pleasing area with easy access to the beach and the Chesapeake Bay. Site Design - Existing Natural Features—During the design process, existing natural characteristics of a site should be identified. Natural site features and land forms should be considered during site design and building placement and preserved to the greatest degree possible. As this site was previously developed, there do not appear to be any significant natural features on the property other than the floodplain and its close proximity to the Chesapeake Bay. Access and Circulation—The provision of clear and convenient vehicular and non-vehicular access to all new senior housing developments is and should remain a high priority during the development process. Coordinated access to this site and the proposed adjacent condominiums is provided via a secondary street. No direct vehicular access is proposed along Shore Drive. By limiting access; GREYSTAR GP II, 'LC ',/," Agenda IC 3 Pa':e5 Shore Drive capacity and flow is maintained, as turning movements to and from the site are located on a less busy roadway. This is especially important for Shore Drive which is currently operating over capacity at a Level of Service E. Public beach access will remain via a path from the cul-de-sac. Moreover, a publicly accessible pedestrian accessway, conditioned with the Conditional Use Permit approval in 2014, will be established on this site to provide access under the Lesner Bridge. The proposed path will be a great amenity for the residents of the facility as well as a safety enhancement for those residents in the vicinity seeking pedestrian or bike access under the bridge. Parking Areas—As recommended by the Guidelines, the parking areas are situated so that they are buffered from the arterial roadway by landscaping or other physical means and provide safe, well- marked, and well-lit access to the units. As mentioned above, most of the parking spaces are under the buildings and will be screened from view. Landscaping— Plant selection, attractive screening, proper location of trash receptacles and proper maintenance are essential components good landscape design. As noted above, a Landscape Plan was not submitted. In order to properly address this Senior Housing Guideline, Staff recommends a condition to address the use of informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind;and the installation of additional plantings beyond the minimum requirements as outlined in the conditions. Stormwater Management as Landscape Amenities— The specifics of the stormwater management strategy have not been finalized;however, the applicant's engineer has stated that is likely that stormwater management will be provided through a series of infiltration trenches located under the pavement. The project does not meet this particular Guideline. The ultimate components of the stormwater management strategies will be submitted with the detailed site plan review. Signage—All signs should be clearly marked, attractive, and consistent in color and theme with the primary building.As mentioned above, Staff is recommending a condition to address this Guideline. Lighting—All outdoor lighting should provide a safe and attractive environment for drivers and pedestrians. Outdoor lighting should be designed to avoid glare intruding into adjacent residential areas. The submission of a Lighting Plan during final site plan review is the best way to ensure consistency with this Guideline, and Staff is recommending a condition to address this Guideline. Setback and Building Location—This Guideline addresses building orientation, open space, and architectural compatibility. The proposed building meets all setback requirements. The strong architectural corner and the future iconic feature on the property at the intersection of Shore Drive and Cherry Tree Place will help convey a "sense of place."A relocation of the pool, from the site designated with the 2014 Conditional Use Permit approval, to the roof provides more area for open space. Building Design - Scale and Building Mass Compatibility—Scale is vital to achieving compatibility with surrounding land uses. An important aspect of scale is a structure's size in relationship to its surroundings. The Guidelines recommend a staggered or tiered design to reduce the mass of buildings. The mass and scale of the proposed building will no doubt appear large, due to its proximity to Shore Drive; however, it provides a transition to the adjacent, taller multifamily building. The request of 171 units is below the available density for this site so this stepping up of buildings from Shore Drive will, in essence, visually"balance out"with the surrounding taller developments. � i y GREYSTAR GP II, LC ' ;,:Agenda It, r. 3 Pae6 Materials and Color—The Senior Housing Guidelines recommend that building materials be high- quality and attractive, and that color schemes be less intense and blend with the surrounding landscape. The proposed exterior building materials include a mix of cement-fiber board, architectural grade shingles, and split-face CMU block, which are all long-lasting, attractive, and high-quality, consistent with the Guidelines. The exterior building colors are depicted as neutral earth-tone hues of gray, beige, and blue, with metallic copper accents. The application was presented to the Bayfront Advisory Commission at their April meeting. No concerns were raised. The applicant also presented the proposed project to the City's Senior Housing Committee. It is Staff's conclusion that the project meets the majority of these Guidelines, particularly with regard to those summarized above. The traffic generated by limiting occupancy to seniors is greatly reduced, the architectural design of the building is viewed by Staff as an upgrade from that submitted in 2014, and the increase in open space are all compelling reasons for Staff to recommend approval of the request, subject to the conditions below. • CONDITIONS 1. The site shall be developed substantially in conformance with the site layout on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of OVERTURE POINT CHESAPEAKE, Virginia Beach, Virginia," prepared by MSA, P.C., dated March 2, 2015, which has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The amenities provided on the site shall be substantially as depicted on the"Conceptual Amenities Plan, OVERTURE POINT CHESAPEAKE APTS," prepared by MSA, P.C., and dated April 13, 2015, which has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. When the buildings are constructed, they shall be substantially in conformance, with regard to architectural design, number of stories, color scheme, and exterior building materials, as depicted on the elevations entitled "Point Chesapeake," pages 1-6, prepared by Poole& Poole Architecture, LLC,dated March 26, 2015, which has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment, as may be necessary to satisfy the applicable regulations of the Federal Emergency Management Agency for this site, shall be submitted to the Planning Director prior to final site plan review approval, such that no structural fill is required in a"VE" Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the Virginia Beach City Council on March 28, 2000, the applicant shall provide an easement, subject to approval by the City Attorney's Office, of a sufficient width for the construction of an eight-foot wide public pedestrian/bicycle, ADA accessible pathway, with landscape amenities, on the applicant's property, that will connect to the City property adjacent to and under the bridge. 6. A Landscape Plan shall be submitted during final site plan review to the Development Services Center depicting informal, naturalistic placement and maintenance of plant materials reflectjyegf tit st, GREYSTAR GP II,: 1LC Agenda It 3 -Ra 7 the native maritime forest species, tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac, additional plant material shall be installed throughout the site, beyond that depicted on the exhibit identified in Condition 1 above. The final site plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic,freestanding feature shall be installed on the property as a visual amenity at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on the final site plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign for the apartment buildings shall be limited to a monument- style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the apartment buildings. 9. Other than a building-mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 10. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 11. Ground floor parking spaces shall be screened from view from all rights-of-way by the installation of a solid wall, minimum height of four feet, at the base of the structure or within the split-face CMU piers of the building, with building materials and colors compatible with the buildings' facades, or by other means acceptable to the Planning Director. 12. Trash compactors and dumpsters shall be screened from view from the rights-of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings' facades. 13. The following shall not be located between the public rights-of-way and the buildings' façades unless screened by a method approved by the Planning Director: heating and ventilation equipment, generators, any other mechanical equipment; and trash receptacles and compactors. 14. All easements, utility easements or otherwise, shall be identified on the final site plan. 15. Roof-mounted equipment shall be screened from view of all public rights-of-way and from any public open space. 16. A Lighting Plan shall be submitted during final site plan review to ensure consistency with the applicable Comprehensive Plan Design Guidelines. F k Sf 9 GREYS 4R GP 11,; 6 LC :t Agenda It: 3 NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. GREYS 4R GP II,- `LC yk, r Agenda It- 3 x . i 1% i -cgc.41?:; ally !::l;:l� O+ , , J07 :J Pt ti, W om \%%\\\\A n. ' '\\\\\\\\\\\\\ 'W i , q I ' ll . . r �, a .W > , 0 v `I� Z�y' v7 X ' 0.r Q t. r. s i `: a i`` J AERIAL OF SITE LOCATION t GREYSTAR GP II, LLC Agenda Item 3 Page 10 11 b.:53_,/ 4 4. z Q1•i1t1 y 1k 1 Zai, , .40 ''4 0 rillii Q r `t °�, �J r iol;')1 lam'/� ie Q \ m € -- LLI \ -., ii LL1f 01 \\ 1 i I :›4444: i ce, Z i w �� i , , . ,.., IA, _, I i / F.'\.\ \, z } z S fz.� 0 0 CONCEPTUAL AMENITIES PLAN (Condition 2) r, .0...W\ RPF 'A 4. r VV GREYSTAR GP II, LLC Agenda Item 3 Page 11 1 `1 U k „mow ^ .'3's A 4./_-, r,iii, Ili 0,,,,,, , ,, , . awu5 yt * ‘ ✓ F " 0 ' ,\,. `‘x • 40:,./ ' ,'''' ' 2 ..1 ,I,S. ..,,,, ; . , ,...., ,... ,,, .. , , „u. a � �'s t __ .�i a s „ ,,,,,, , , f___.L. , . ... , .0. .., { o0 - :. i.„__ ,.. _ ,.,„ _ ., , ,, 0 ,_ ,., , „ , „. ,,,,,,,,,;\‘','\''"7/' .,:\--,' ii: N- ii, w , , x h .. 111tf) ,< s. \ � ` v / It J k ` i 1!- X \ f J Ci > ? 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' ® ® ,l''11.73-7.—' Iii.;,•--: 'ks7---mt: 0 1. ! 4 . rt � � l'-- .I'—ri._ s .'====2111...5E-....-1! -..- 3 11 I \ i l ; i— ® ® ® i 'i L4 Ilk .t ., 'I I— ^ 1 1I 1 l g, —.J— 5C Z:Lbage t Pill =pip g a x ▪O e E s . ii=,=s _, Il I I _ �,t1►-;rte I i„ E r ILII n ) _J_ g a 3 �'�7' a o b 'Ee 6 ELEVATION DRAWINGS OF PROPOSED BUILDINGS (Condition 3) f rs „..„-, ,, 1 GREYSTAR GP II, LLC Agenda Item 3 Page 18 LYNNHAVEN v,.,,, G.1 re stPr rr P TT L.L.C. ...,\;/84, awed 2A 76 �''" \�` P� \,, N._ -6;'4 ce �,« SA ___, tf.,*r .10-, ' ":2 1 SHORE DRIVE - \ y �_0,,G Y ,! is ti _ . c• 0 a � J Srir''- Lynnhaven River r�,NHn 74 'Zoning with Conditions,Prof(ers,Open Space Promotion CUP Housing for Seniors & Disabled Persons ZONING HISTORY # DATE REQUEST ACTION 1 07/08/14 Modification of Conditional Use Permit (Multifamily dwellings) Granted 12/07/04 Conditional Use Permit (Multifamily dwellings) Granted 04/09/91 Nonconforming Use Granted 03/22/82 Street Closure Granted 2 01/23/96 Conditional Use Permit (Communication Tower) Granted 3 07/09/96 Conditional Use Permit (Communication Tower) Granted 4 04/08/03 Reconsideration of Zoning Granted 01/14/03 Rezoning (B-4 (SD) Resort Commercial/Shore Drive Corridor Denied Overlay to A-12 Apartment with a PD-H2 Planned Unit Overlay District) 5 01/14/05 Conditional Use Permit (Multifamily dwellings) Granted 6 06/27/95 Modification of Conditions Granted 02/28/95 Modification of Conditions Granted 03/22/94 Conditional Use Permit (Watercraft rental) Granted GREYSTAR GP II, LLC Agenda Item 3 Page 19 7 05/24/94 Conditional Use Permit (Marina) Granted 8 07/10/07 Conditional Use Permit (Recreational facility) Granted 06/11/96 Street Closure Granted 9 10/10/00 Street Closure Granted 10 04/27/04 Conditional Use Permit (Off-site parking lot) Granted 11 08/14/01 Rezoning (B-4 Resort Commercial/Shore Drive Corridor Overlay to Granted Conditional A-18 with PD-H2 Planned Unit Development Overlay) 12 08/09/94 Rezoning (R-10 Residential to B-4 Resort Commercial) Granted GREYS'f, 1R GP II,- LC agenda IV, 3 A'20 AB Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ 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 cnv usr ONF.V/A'l d scl-,,r, r .,r.,,r,.l.,rec',,c,v,r,, i . ,,a,v, Page 1 of 4 0 API' (t,,,Ir0,1,IE)r,! HFA‘,r.,, r' 0 NO CHANCES AS OF `a rr VISION ,,,,F;`,1117f ,1 _ DISCLOSURE STATEMENT GREYSTAR GP II, LLC Agenda Item 3 Page 21 on Virginia Beach other unincorporated organization,AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Greystar GP II,LLC. See Exhibit A for list of officers. • • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Greystar Real Estate Partners,LLC is the sole owner of Greystar GP II,LLC. Greystar GP II,LLC does not own any other entity. See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El 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) The Terry Companies Five,L.L.C. Members:Point Chesapeake,L.L.C.and Napolitano III,L.L.C. (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. DISCLOSURE STATEMENT GREYSTAR GP II, LLC Agenda Item 3 Page 22 11/30,.., Virginia Beach Point Chesapeake,L.L.C. Napolitano III,L.L.C. • 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,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,01)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 entitles 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. • C SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided In connection with the;ubiect of the application or gnv business ooeratina 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) CI 0 Accounting and/or preparer of your tax return El Architect/Landscape Architect/ Poole and Poole Architecture,LLC Land Planner Contract Purchaser(if other than 1:1 1:1 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) a Construction Contractors Engineers/Surveyors MSA,P.C. 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. DISCLOSURE STATEMENT GREYSTAR GP II, LLC Agenda Item 3 Page 23 .,d Virginia Beach Financing(include current The Carlyle Group-Equity Ej mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Williams Mullen PC ❑ ❑ Real Estate Brokers/Agents for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 ® 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?N/A 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 m of an public body or committee in connection with this Application. "1,Z_ Daniel Lee 4/1/15 APPLICANT'S SIGNATURE PRINT NAME DATE '— DoH+ V. ?ETtRseN Tit -I/l1 IS- PROPERTY SPROPERTY 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. DISCLOSURE STATEMENT GREYSTAR GP II, LLC Agenda Item 3 Page 24 EXHIBIT A c President: Robert A.Faith c Vice Presidents: •William C.Maddux •J Derek Ramsey •Scott Wise •Cliff Nash •Trent Conner •Laird Sparks •Derek Brown •David Reid •Todd Wgfield •Ashley Heggie •Brandon Henry •Josh Carper •Jerry Brand •Ali Warner •Perry Pound •Ben Llebetrau •Gil Gonzalez •Randy Ackerman •Jonathan Hayes •Bob Lefever •Daniel Lee •Lance Hanna DISCLOSURE STATEMENT GREYS '4R GP II,; LC _'',Agenda It . -3 - P. °2.5 The Terry Companies Five,LLC 50%Napolitano III,LLC 50%Point Chesapeake,LLC Point Chesapeake,LLC Frederick J.Napoletano,Trustee Under the Frederick J.Napoletano Trust I Sheila P.Napolitano,Trustee of the Whitney P.Napolitano Special Needs Trust 2005 Sheila P.Napolitano,Trustee of the L&V Trust 1999 Dabney T.Napolitano,Trustee of the J.E.F.Trust 1999 Theresa Napoletano Hudgins,Vincent Napolitano,Frederick J.Napolitano,II and John Napolitano,Trustees of the M&L Trust-2005 Richard E.Olivieri John E.Olivied,Trustee of the Rosemary Lyn Olivieri Irrevocable Trust-2003 Richard E.Olivieri,Sr.,Trustee of the Christopher C.Olivieri Irrevocable Trust-2005 Richard E.Olivieri,Sr.,Trustee of the Richard E.Olivieri,Jr.Irrevocable Trust-2005 J H Peterson and Sons,LLC Napolitano III,LLC 100%Napolitano Ventures,LLC Napoletano Ventures,LLC 100%Napolitano Enterprises,Inc. Napolitano Enterprises,Inc. Frederick J.Napolitano,Trustee Under the Frederick J.Napolitano Trust I Vincent Napolitano, Frederick J.Napolitano,II and John Napolitano,Trustees of the Theresa Napolitano Irrevocable Trust#3 Vincent A Napolitano,Trustee. Vincent A Napolitano Revocable Trust#1 date 9/7/84 Frederick J.Napoletano II John C Napolitano DISCLOSURE STATEMENT ICS GREYSTAR GP II,- LC :- Agenda If 3 PO 2.6 Item #3 Greystar GP II, L.L.C. Conditional Use Permit Shore Drive and the western terminus of Ocean Shore Avenue District 5 Lynnhaven May 13, 2015 CONSENT An application of Greystar GP II, L.L.C. for a Conditional Use Permit (Housing for Seniors and Disabled Persons)on property located on Ocean Shore Avenue/Cherry Tree Place, District 5, Lynnhaven. GPIN: 14897990600000 (portion of). CONDITIONS 1. The site shall be developed substantially in conformance with the site layout on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of OVERTURE POINT CHESAPEAKE, Virginia Beach, Virginia," prepared by MSA, P.C., dated March 2, 2015, which has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The amenities provided on the site shall be substantially as depicted on the "Conceptual Amenities Plan, OVERTURE POINT CHESAPEAKE APTS," prepared by MSA, P.C., and dated April 13, 2015, which has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. When the buildings are constructed,they shall be substantially in conformance, with regard to architectural design, number of stories, color scheme, and exterior building materials, as depicted on the elevations entitled "Point Chesapeake," pages 1-6, prepared by Poole & Poole Architecture, LLC, dated March 26, 2015, which has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment, as may be necessary to satisfy the applicable regulations of the Federal Emergency Management Agency for this site, shall be submitted to the Planning Director prior to final site plan review approval, such that no structural fill is required in a "VE" Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the Virginia Beach City Council on March 28, 2000, the applicant shall provide an easement, subject to approval by the City Attorney's Office, of a sufficient width for the construction of an eight- foot wide public pedestrian/bicycle, ADA accessible pathway, with landscape amenities, on the applicant's property, that will connect to the City property adjacent to and under the bridge. Item#3 Greystar GP II, L.L.C. Page 2 6. A Landscape Plan shall be submitted during final site plan review to the Development Services Center depicting informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac, additional plant material shall be installed throughout the site, beyond that depicted on the exhibit identified in Condition 1 above. The final site plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic, freestanding feature shall be installed on the property as a visual amenity at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on the final site plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign for the apartment buildings shall be limited to a monument-style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the apartment buildings. 9. Other than a building-mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 10. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 11. Ground floor parking spaces shall be screened from view from all rights-of-way by the installation of a solid wall, minimum height of four feet, at the base of the structure or within the split-face CMU piers of the building, with building materials and colors compatible with the buildings'facades, or by other means acceptable to the Planning Director. 12. Trash compactors and dumpsters shall be screened from view from the rights-of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings'facades. 13. The following shall not be located between the public rights-of-way and the buildings' facades unless screened by a method approved by the Planning Director: heating and ventilation equipment, generators, any other mechanical equipment; and trash receptacles and compactors. 14. All easements, utility easements or otherwise, shall be identified on the final site plan. 15. Roof-mounted equipment shall be screened from view of all public rights-of-way and from any public open space. Item #3 Greystar GP II, L.L.C. Page 3 16. A Lighting Plan shall be submitted during final site plan review to ensure consistency with the applicable Comprehensive Plan Design Guidelines. A motion was made by Commissioner Thornton and was made second to approved item 3. AYE 8 NAY 0 ABS 1 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 8-0-1, with the abstention so noted, the Commission approved item 3 by consent. William Harrison appeared before the Commission on behalf of the applicant. .A %y _ -, ` . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Adopt by Reference the Green Sea Blueway and Greenway Management Plan as a component of the Comprehensive Plan. MEETING DATE: June 16, 2015 • Background: The purpose of this Green Sea Blueway and Greenway Management Plan is to develop a long-term management strategy that protects, conserves, and manages a unique system of natural resources, open space areas, and selectively-chosen recreational uses, activities and facilities in a sustainable manner. This plan proposes a systems approach to establish and cultivate the long-term stewardship of the Green Sea area's natural, cultural and recreational resources through ongoing outreach and education, protection of the area's ecological integrity, and the provision of passive recreational uses and activities that can coexist with the area's tremendous array of natural resources and amenities. • Considerations: The Plan calls for the establishment of a Partnership group to be accountable for and help coordinate Plan implementation. This Plan proposes a systems approach to establish and cultivate the long-term stewardship of the Green Sea area's natural, cultural, and recreational resources through ongoing outreach and education, protection of the area's ecological integrity, and the provision of passive recreational uses and activities that can coexist with the area's tremendous array of natural resources and amenities. This long term strategic Plan does the following: • Identifies and assesses the unique qualities and attributes of the Green Sea area that are worth protecting today and into the future; • Provides a Mission Statement and articulates a Vision for the Green Sea area; • Identifies short-term, mid-term and long term goals for this unique area; and • Recommends objectives and actions to achieve the Green Sea area's mission, vision and goals. As a result of extensive stakeholder input over the course of 22 months, participants concurred that this Plan is necessary and relevant for citizens today, GREEN SEA MANAGEMENT PLAN Page 2 of 2 and for future generations. The tremendous positive response received from numerous stakeholders included the following: protect these river corridors, find a balance between environmental protection and public use, become better stewards of the land and teach users to appreciate, respect and coexist with the abundant natural resources in the Green Sea area. The creation of an active Partnership group comprised of stakeholders is fundamental to implementation of the Plan. This Plan examines potential recreational uses, educational outreach initiatives, scientific research opportunities, land protection and natural resources management, and recommends the development of a nonprofit partnership to oversee and guide the implementation of the Green Sea Blueway and Greenway Management Plan. This Plan will serve as a guide to the future management and usage of the three contiguous river segments connecting the three abutting jurisdictions —the cities of Chesapeake and Virginia Beach and Currituck County, North Carolina. There was no opposition to the amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend adoption of the amendment. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager%: S k Scp(02, 1 Item #9 City of Virginia Beach An Ordinance to Adopt and Incorporate the Green Sea Blueway and Greenway Management Plan into the Comprehensive Plan. May 13, 2015 CONSENT The purpose of this Green Sea Blueway and Greenway Management Plan is to develop a long- term management strategy that protects, conserves and manages a unique system of natural resources, open space areas, and selectively-chosen recreational uses, activities and facilities in a sustainable manner. This plan proposes a systems approach to establish and cultivate the long-term stewardship of the Green Sea area's natural, cultural and recreational resources through ongoing outreach and education, protection of the area's ecological integrity, and the provision of passive recreational uses and activities that can coexist with the area's tremendous array of natural resources and amenities. A motion was made Commissioner Thornton and seconded by Commissioner Inman to approve item 9. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 9-0, the Commission approved item 9 by consent. Clay Bernick appeared before the Commission. 1 AN ORDINANCE TO ADOPT AND INCORPORATE THE 2 GREEN SEA BLUEWAY AND GREENWAY MANAGEMENT 3 PLAN INTO THE COMPREHENSIVE PLAN 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 WHEREAS, the Green Sea Blueway and Greenway Management Plan has been 9 developed with extensive input from the community and stakeholders including the City 10 of Chesapeake, Virginia and Currituck County, North Carolina; and 11 12 WHEREAS, the Green Sea Blueway and Greenway Management Plan is in 13 conformity with the Comprehensive Plan; and 14 15 WHEREAS, the Green Sea Blueway and Greenway Management Plan should be 16 adopted and incorporated as part of the Comprehensive Plan. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 22 amended and reordained by: 23 24 The adoption by City Council of the City of Virginia Beach of the Green Sea 25 Blueway and Greenway Management Plan and its incorporation into the 26 Comprehensive Plan. Such document is made a part hereof, having been exhibited to 27 the City Council and is on file in the Department of Planning. 28 29 COMMENT 30 31 The ordinance amends the Comprehensive Plan by the adoption of the Green Sea Blueway 32 and Greenway Management Plan. 33 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on this 36 day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY: • AA- Planning D •artment City Attorney's O'ice CA 13344 R-2 April 16, 2015 2 ak, ,r e1LAyL2 1 ilil l''o •�J `'W� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 801 of the City Zoning Ordinance to allow Veterinary Establishments as a Permitted Use in the Office Districts. MEETING DATE: June 16, 2015 ■ Background: Animal hospitals and veterinary clinics are currently permitted uses in the Business zoning districts and are conditional uses in the Industrial and Agricultural zoning districts. • Considerations: The proposed amendment addresses a type of veterinary medical establishment that has become increasingly common — specialized treatment. Staff has received several inquiries from veterinarians desirous of opening such a practice. Such an establishment focuses on limited animal medical issues and does not include overnight stays. Accordingly, a physical location similar to a traditional medical office would be appropriate for the use; however, traditional medical offices are generally located in the Office zoning districts. Since veterinary establishments are currently not allowed in the 0-1 or 0-2 Office Districts, this proposed amendment will allow them as permitted uses. There was no opposition to the amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend adoption of the amendment. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: le..___, ())0.45 _ 1 AN ORDINANCE TO AMEND SECTION 801 2 OF THE CITY ZONING ORDINANCE TO 3 ALLOW VETERINARY ESTABLISHMENTS 4 AS A PERMITTED USE IN THE OFFICE 5 DISTRICTS 6 7 Section Amended: City Zoning Ordinance § 801 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 801 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 8. OFFICE DISTRICTS 19 20 Sec. 801. Use regulations. 21 22 (a) Principal and conditional uses. The following chart lists those uses 23 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the 24 respective office districts shall be permitted as either principal uses indicated by a "P" or 25 as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 26 prohibited in the respective districts. No uses or structures other than as specified shall 27 be permitted. 28 29 Use 01 02 30 31 . . . . 32 33 Television or other broadcasting stations C C 34 35 Veterinary establishments, except for P P 36 boarding of animals 37 38 Wildlife rehabilitation centers C C 39 40 . 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: N LA= (016a/tk Piannin' City Attorney's Office CA13345 R-2 April 23, 2015 2 L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD— CSB HUMAN RIGHTS COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 06/02/2015 PAGE: 1 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 YS E S DS NND CITY MANAGER'S BREFING: DIX CREEK NEIGHBORHOOD SSD Phillip Roehrs, Public Works 11/1I1/IV/ CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/-E A VI/F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y May 19,2015 T A N E D G/H-1 MAYOR'S PRESENTATION: RESOLUTION —Senator Jeffrey RESCHEDULED Mc Waters Day I-1 Resolution to REQUEST Development ADOPTED,BY Authority sale of Revenue Bonds of$52- CONSENT Million/Refunding Bonds,of$45-Million 11-0 Y Y Y Y Y Y Y Y Y Y Y maximum 2. Resolution to ENDORSE Deferred ADOPTED,BY Compensation Investment Policy CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 Resolution to GRANT permits re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Emergency Medical Services: CONSENT a. American Lifeline Medical Transport, Inc b. American Medical Response Mid- Atlantic,Inc. c. Cardinal Ambulance Services,Inc. d. Children's Hospital of the King's Daughters e. Eagle Medical Transports,LLC f. Emergency Medical Response LLC g. Medical Transport,LLC h. Mid-Atlantic Regional Ambulance, Inc. i. Nightingale Air Ambulance j. Reliance Medical Transport k. Robbie's Ambulance Service,Inc. I. Special Event Providers of Emergency Medicine m. Swift Medical Transport n. Tidewater Medical Transport,LLC CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 06/02/2015 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 YL N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND 4Ordinance to EXECUTE a Design ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement re Lynnhaven River Basin CONSENT Ecosystem Restoration 5. Ordinances to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE: CONSENT a. $174,457 in Insurance Recovery Revenue re"IT Service Continuity" b. $ 50,000 from Virginia Fire Programs re training J.1 JEFFREY A./SUZANNE BREIT APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y change in a Non-Conforming Use re CONDITIONED,BY structure enlargement at 608 Linkhom CONSENT Drive DISTRICT 6—BEACH 2 THOMAS R./JOAN G. ECKERT APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Conditional COZ from R-7.5 to Conditional PROFFERED,BY PD-H2/R-5D/Conditional B-lA re CONSENT T office/residential use at 4444 Shore Drive A DISTRICT 4—BAYSIDE 3 Ordinance to AMEND Sections of the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Floodplain Ordinance re Recreational CONSENT Resort Communities 4 Ordinances to GRANT extensions for APPROVED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y satisfying conditions of Street Closures CONSENT granted June 17,2014: T a. Former Oakmears Crescent now part of A relocated Princess Anne Road b. Unimproved r/o/w of Oakmears Crescent D DISTRICT 2—KEMPSVILLE M. APPOINTMENTS RESCHEDULED B Y CONS ENS U S ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES/WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD— CSB PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 06/02/2015 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 H L W O Y L N A 0 0 OR S 0 R E E E NS NMI 0 0 T R Y S E S DS NND PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD N/O/P ADJOURNMENT 6:06 PM PUBLIC COMMENT ONE(1)SPEAKER 6:10 PM