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AUGUST 4, 2015 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ovNiA Bic MAYOR WILLIAM D.SESSOMS,JR.,At-Large .�1� +^^� i VICE MAYOR LOUIS R.JONES Bayside-District 4 9 /114/0*— ._ M.BENJAMIN DAVENPORT,At Large F + ROBERT M.DYER,Centerville-District 1 I y BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANF Rose Hall-District 3 ', ,;/•`).44'-` / :U JOHN D.MOSS,At Large ,r� AMELIA ROSS-HAMMOND,Kempsville-District 2 ° OUR NO+G°4' 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 PHONE:(757)385-4303 CII'YATTORNEY-MARK D.STILES CITY COUNCIL AGENDA FAE.(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR-LYNDON S.REMIAS 4 August 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC g MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL LIAISON REPORTS - Conference Room - 4:30 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Robertson, Pastor Charity United Methodist 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 July 14, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS - RESOLUTIONS 1. SENATOR JEFFREY McWATERS Senator and Mrs. McWaters 2. CIRQUE du SOLEIL KOOZA Sean Brickell, Brickell and Partners Public Relations I. PUBLIC HEARINGS 1. EXCESS PROPERTY a. 1081 Norfolk Avenue—M&K Investments, LLC b. Princess Anne and Landstown Center Way -VBDA J. ORDINANCES 1. Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways for Golf Cart operation in the Lago Mar and Chubb Lake neighborhoods b. Section 10-1 to only change the name of the Bonney voting precinct from Holland Road Baptist Church to Discovery Church 2. Resolution re ISSUANCE through the Development Authority (VBDA) of up to $85,000,000 in Series 2015 Residential Care Facility Mortgage Bonds and Refunding Bonds issued in 2005, 2009 and 2011 for Westminister-Canterbury of Hampton Roads, Inc. 3. Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City Manager to execute the necessary documents to convey 1081 Norfolk Avenue to M & K Investments I, LLC 4. Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $93,750 from the Department of Criminal Justice, including matching funds, re the Juvenile Sex Offender Treatment Program and continue one FTE b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for EMS and Fire K. PLANNING 1. Applications in DISTRICT 7—PRINCESS ANNE of: a. PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard b. BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads: RECOMMENDATION: APPROVAL 2. Applications of WAVE CHURCH for Modification of Conditional Use Permits re installation of Modular Classroom Units at: a. 2665 Seaboard Road DISTRICT 7 - PRINCESS ANNE b. 1000 North Great Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re Auto Repair at 416 Davis Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 11 4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. EUROTECH SERVICE CENTER,LLC and THE BANK OF HAMPTON ROADS for a Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. AMEND Section 901 of the City Zoning Ordinance (CZO) to add Group Homes as a Conditional Use in the B-4 Mixed Use District. RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION THE PLANNING COUNCIL PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT II ************************ PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 8/4/15 st it MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL LIAISON REPORTS - Conference Room - 4:30 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW 1 11 IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Robertson, Pastor Charity United Methodist 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 July 14, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS - RESOLUTIONS 1. SENATOR JEFFREY McWATERS Senator and Mrs. McWaters 2. CIRQUE du SOLEIL KOOZA Sean Brickell, Brickell and Partners Public Relations 1 11 `4 yG 114.7: 1r iP�,y <` g Cay " 3n, : °rs 5 e� .un NPPUH RESOLUTION . WHEREAS: Senator Jeffrey L. 91c 4)aters is a Kentucky native, who worked his way through the`University of Kentucky,and is a very successful entrepreneur,and WHE'REAS: Ile is ('resident and CEO of"Value Options" and one of the founders of Amerigroup, a company which grew from a garage space to eventually become a(Fortune 300 Corporation;and 'W IEREAS: Amerigroup's Headquarters are in Virginia Beach and employed over 1,700 before it was absorbed by Anthem, Inc.;and WHEREAS: Senator 9t'lc'Waters has been a proud resident of Virginia Beach for many years;and WHEKAS: Jeff Nc'Waters was elected to the Senate of Virginia sisyears ago to fill out the term of Senator Ken Stoke;and WHEREAS: 7fe was re-electedfora fullfouryear term in 2011;and WHEREAS: Senator ftc'Waters lois gone on to serve with distinction in the oldest, continuous legislative body in the New'World,•and WHEREAS: He has been a defender of businesses,the environment,taspayers and the City of Virginia Beach;and WHEREAS:REAS: He also introduced the ban of the use of plastic bags, which are shown to 6e injurious to the environment;and WHEREAS: Jeff 'tc'Waters is a talentedpercussionist and singer with the band"Guava Jam;"and '',WHEREAS: Jeff 9t'tc'Waters has served as Vice([hector of the College of William and 9t2ary,and was a founder of Trinity Church in Virginia Beach;and WHEREAS: He worked both in front of and behind the scenes to protect and advance the needs of the City of Virginia Beach;and WHEK45: Selator9Kc'Waters has decided not to run for re-election in the 2015 General(Election. NOW, TI E(R(,E(FO(RE BE IT RESOLVED: That the Virginia Beach City Council congratulates Senator Jeffrey (Waters for his entrepreneurship, his citizenship,and his leadership.The'Virginia Beach City Council is thankful for his counsel-and workon the City's behalf,and as a'Virginan; BE IT(PVIZTHE'R.(R(RSOL' E(D: That the'fourth day of August 2015 is recognized as: Senator Jeffrey McWaters Day Given under our lands and seal this(Fourth day ofAugust,Two Thousand e' en r. t man Davrn, C uncilman ' ertSH.` 6•Dyer Council LadyBarharaVeney (tI•• ? / . — C ., „ys non�•ne � . •nJ• n P. oas , C � y ►'.�meGa N. xa mmond aZilit /�....i�rI. —.a._._... C. n9•mest. Wood Co 'man 5ohn'E.'LXirin Council Lady 940s, ry / AP l . . "' , I� „J• �,, , 'h.;am "WiU`Sessoms Vice ayorLouis R.'{nes 641A$t4C k o ""_ P2 U x a 61 e 2z 9�. 4‘.S Op OUR NAT"' RESOLUTION w5'1 ` EgiS: Kampf.is the premiere Cirque du Soleilproduction in Virginia Beach. 'The show has been viewed around'the world 6y more than 4-Million people in almostffty[50]cities,in twelve[12]countries and on three[3]continents; WHEREAS: The cast and crew of more than one hundred twenty[120]come from eighteen[18]dfferent countries. During their stay, they are occupying more than four thousand[4,000]hotel rooms in Virginia Beach; WHEREAS: Cirque du Soleil is truly one of the worlds most attended and loved entertainment programs. More than 155-Million fans have enjoyed'the Cirque du Soleil performance since 1984,including 15-Million in 2014; WHERE-AS: Cirque du Soleilhas not received any grantsfrom the public nor private sector since 1992; `Gl [`EWS: 7(OOZst's yellow and blue Big Top seats almost twenty-five hundred[2,500]spectators in a climate-controlled environment that isfifty-six[56]feet tall and one hundred sixty-four[164]feet in diameter. Approximately sixty-five[65]very large trucks were needed to bring everything to Virginia Beach; WHEREAS:AS: During 7(OOZA's engagement in Virginia Beach,jobs have been created with more than one hundred twenty [120] local people employed' to help with ticketing, seating, janitorial services and administration; WHEREAS: While in Virginia Beach,iOOZA relies on local suppliers for many essentials such as food, bio-dieselfuel machinery,food and beverage supplies for patrons,banking services,delivery services,recycling and waste management—thereby injecting a significant amount of money into our local economy;and, `Gl HEWS: With the month of performances scheduled, 1(OOZ'A is the longest-running tenant in the history of the Virginia Beach Convention Center. WO 19 ERE.ORE, BE I7 RESOLVED:SOLVED: 'That the Virginia Beach City Council pause in its deliberations to recognize CIMOQ''UE du SOLEIL for its creative thinking and foresight to see a dream become reality in presenting this unique and professional entertainment venue in Virginia Beach where history meets the sea and continues to establish legacies for its almost one-half Million citizens, thus making it the "best city in the world. BE IT FW[EQ ELE.SOL'ED: 'That Tuesday,august Fourth,Two 'Thousand Fifteen be known and rolobrated as: CIRQUE du SOLEIL---7(OOZA DAY Councilman Ben Davenport Councilman Robert M'Bob'Dyer Council Lady Barbara Henley Council Lady Shannon pane Councilman John D.Moss Council Lady Dr.Amelia IM Ross- 9iammond Councilman John D.4lhrin Council Lady Rosemary Wilson Councilman James L.Wood Vice Mayor Louis R;Jones Mayor William D.'Will'Sessoms,Jr. I. PUBLIC HEARINGS 1. EXCESS PROPERTY a. 1081 Norfolk Avenue—M&K Investments, LLC b. Princess Anne and Landstown Center Way - VBDA ,s7.-- -.4...,,,,,,,,, t\,,Ick eeMH. s PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday,August 4,2015,at 6:00 PM, in the Council Chamber of the City Hall Building(Bldg#1)at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether this property should be declared in excess of the City's needs and conveyed to M&K Investments I, LLC: Approximately 5,021 sq. ft. of property located at 1081 Norfolk Avenue(GPINs:2417- 54-3201 and 2417-54-2185) Any questions concerning this matter should be directed to the Public Works Real Estate Office, Municipal Center - Building #2, Room 392, phone number (757) 385-4161. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Heari z impaired, call TDD 711 Dr -Telephone Device for t - •g-• . Ruth Hodg -��ser,MMC City Clerk BEACON: July 26,2015 c r0:amt, r°4 m t 2 1...* s«u ,.,.1 PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday,August 4,2015,at 6:00 PM,in the Council Chamber,City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and conveyed to the City of Virginia Beach Development Authority: Approximately 19+1- acres of property located between Princess Anne Road and Landstown Center Way(Portion of GPIN:1484-87-9998) Any questions concerning this matter should be directed to the Dept. of Economic Development, 4525 Main Street, Suite 700, Virginia Beach, VA 23462, (757) 385-6464. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk BEACON: July 26,2015 I I I II J. ORDINANCES 1. Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways for Golf Cart operation in the Lago Mar and Chubb Lake neighborhoods b. Section 10-1 to only change the name of the Bonney voting precinct from Holland Road Baptist Church to Discovery Church 2. Resolution re ISSUANCE through the Development Authority (VBDA) of up to $85,000,000 in Series 2015 Residential Care Facility Mortgage Bonds and Refunding Bonds issued in 2005, 2009 and 2011 for Westminister-Canterbury of Hampton Roads, Inc. 3. Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City Manager to execute the necessary documents to convey 1081 Norfolk Avenue to M & K Investments I, LLC 4. Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $93,750 from the Department of Criminal Justice, including matching funds, re the Juvenile Sex Offender Treatment Program and continue one FTE b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for EMS and Fire 1 I 1 1 C, Ip S"P�7 t`' its.! �wv CITY OF VIRGINIA BEACH \_ AGENDA ITEM I ITEM: An Ordinance to Amend the City Code 7-66, Designation of City Highways for Golf Cart Operation; Posting of Signs MEETING DATE: August 4, 2015 -..� • Background: On October 26, 2004, pursuant to the authority granted in Virginia Code Section 46.2-916.2, City Council approved an ordinance permitting the use of golf; carts in designated areas of the City of Virginia Beach with authorization of the Council. Currently, only the Heron Ridge Estates neighborhood is authorized to allow golf carts on City streets. • Considerations: Virginia Beach citizens from the Lago Mar and Chubb Lake neighborhoods have complied with the petition procedure and other requirements of the Department of Public Works for the purpose of having a portion of the Lago Mar and Chubb Lake neighborhoods approved for use of golf carts on public roads. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt amendment to ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Public Works ph.D City Manage • k, arrt, 1 AN ORDINANCE TO AMEND SECTION 7-66 2 OF THE CITY CODE PERTAINING TO 3 DESIGNATION OF CITY HIGHWAYS FOR 4 GOLF CART OPERATION; POSTING OF 5 SIGNS 6 7 SECTION AMENDED: § 7-66 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs. 15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize 16 by ordinance, the operation of golf carts on designated public highways within the 17 City after (i) considering the speed, volume, and character of motor vehicle traffic 18 using such highways, and (ii) determining that golf cart operation on particular 19 highways is compatible with state and local transportation plans and consistent with 20 the Commonwealth's statewide pedestrian policy. No City highway shall be 21 designated for use by golf carts if such golf cart operations will impede the safe and 22 efficient flow of motor vehicle traffic, or if the highway's posted speed limit is greater 23 than twenty-five (25) miles per hour. 24 (b) All requests made to have specific highways designated for golf cart use shall be 25 directed to the Traffic Engineering Office of Public Works. 26 (c) Any City highway designated for golf cart operations shall be posted with signs 27 indicating this designation. The organization, individual or entity requesting a 28 highway designation allowing golf cart operations shall reimburse the City its actual 29 cost for the installation and continued maintenance of such signs. 30 (d) The following City streets located in the specified neighborhoods are approved for 31 golf cart operation in accordance with the provisions of this Article: 32 33 (1) Heron Ridge Estates - Couples Court, Heron Ridge Lane, Heron Ridge Drive, 34 Lynx Drive, Lynx Court, and Ryan Court; 35 36 (2) Chubb Lake West of Pleasure House Road - Beaufort Avenue, West Chubb 37 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 Blocks), 38 Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe Lane, 39 Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford Point, 40 Bavview Avenue, Guy Avenue, Ocean View Avenue (4900 Block), Lee Avenue 41 (4800 Block), Zivo Court and Lake Drive (4800 Block); 42 43 (3) Lago-Mar - Atwoodtown Road, Costa Grande Drive, Camino Real South, 44 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta Court, 45 Granada Court, San Jose Court, San Miguel Court, Sevilla Court, Acapulco 46 Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande Court, Pinon 47 Court, Corrente Lane, Escorial Court, La Mirage Court, Los Conaes Way, 48 Trevino Court, Rio Bravo Bend, Santiago Point, Toledo Place, Infanta Circle, 49 Costa Grande Drive, Malaga Lane, Malaga Court, Alcon Court, Soria Circle, 50 Tres Lane, Vaso Court, Toro Court, Amigo Court, Tono Court, Los Colonis 51 Drive, Las Brisas Drive, Baja Court, Sonora Court, Morado Court, La Tierra 52 Court, La Tierra Circle, Las Corrales Court, Brasileno Drive, Brasileno Court, 53 Valiente Court, Esquiana Court, Verano Court, Verano Circle, Belleza Court, 54 Torero Court, Entrada Drive, Ranchero Road, Cordova Court, San Marco 55 Road, San Marco Circle and San Marco Court. 56 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 57 of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works City Attorney's Office CA13168 R-3 July 7, 2015 NtA eery 1I y'T rot' s@y ",'7 :! ,4.,,,7::',;,.- CITY awCITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Rename the Polling Place for the Bonney Precinct MEETING DATE: August 4, 2015 • Background: In preparation for the November General Election, the Voter Registrar reviews the City's precincts and recommends changes or updates as needed. The polling location for the Bonney Precinct has changed its name. The physical location has not changed. • Considerations: The Holland Road Baptist Church now goes by the name, Discovery Church. The attached ordinance updates the name of the polling place in City Code §10-1. • Public Information: This item will be advertised as part of the normal Council Agenda process. The voters in the Bonney Precinct will be mailed new voter identification cards that reflect the change in the name of the polling location. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registrar City Manager. 12, , S G I I I 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO RENAME THE POLLING PLACE FOR THE 3 BONNEY PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and reordained, to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their 16 respective polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Woodstock Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney 29 Discovery Church 30 Brandon Brandon Middle School 31 Brookwood Plaza Annex 32 Buckner Green Run Baptist Church 33 Cape Henry Research and Enlightenment Building (Edgar 34 Cayce Library) 35 Capps Shop Back Bay Christian Assembly 36 Centerville Centerville Elementary School 37 Chesapeake Beach Bayside Baptist Church 38 Chimney Hill Congregation Beth Chaverim 39 College Park College Park Elementary School 40 Colonial Colonial Baptist Church 41 Colony Lynnhaven Colony Congregational Church 42 Corporate Landing Corporate Landing Middle School 43 Courthouse Courthouse Fire Station 44 Creeds Creeds Fire Station 45 Cromwell Salem United Methodist Church 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Dam Neck Corporate Landing Elementary School 49 Davis Corner Bettie F. Williams Elementary School 1 11 50 Eastern Shore Eastern Shore Chapel 51 Edinburgh St. Aidan's Episcopal Church 52 Edwin Kempsville Middle School 53 Fairfield Kempsville Presbyterian Church 54 Foxfire Kemps Landing/Old Donation School 55 Glenwood Glenwood Elementary School 56 Great Neck All Saints Episcopal Church 57 Green Run Green Run Elementary School 58 Haygood Haygood United Methodist Church 59 Hillcrest Village Church Hilltop Freedom Fellowship 60 Church 61 Holland Holland Elementary School 62 Homestead Providence Presbyterian Church 63 Hunt Princess Anne Recreation Center 64 Independence Water's Edge Church 65 Indian Lakes Indian Lakes Elementary School 66 Indian River San Lorenzo Spiritual Center 67 Kings Grant St. Nicholas Catholic Church 68 Kingston King's Grant Presbyterian Church 69 Lake Christopher New Covenant Presbyterian Church 70 Lake Joyce Morning Star Baptist Church 71 Lake Smith Bayside Church of Christ 72 Landstown Landstown Community Church 73 Larkspur St. Andrews United Methodist Church 74 Lexington Larkspur Middle School 75 Linkhorn Virginia Beach Community Chapel 76 Little Neck Lynnhaven United Methodist Church 77 London Bridge London Bridge Baptist Church 78 Lynnhaven Tidewater Area Christian Fellowship 79 Magic Hollow Virginia Beach Moose Family Center 80 Malibu Malibu Elementary School 81 Manor Providence Elementary School 82 Mt. Trashmore Windsor Woods Elementary School 83 Newtown Good Samaritan Episcopal Church 84 North Beach Galilee Episcopal Church 85 North Landing Hope Haven 86 Ocean Lakes Ocean Lakes Elementary School 87 Ocean Park Bayside Community Recreation Center 88 Oceana Scott Memorial United Methodist Church 89 Old Donation Calvary Baptist Church 90 Pembroke Pembroke Elementary School 91 Pinewood Lynnhaven Presbyterian Church 92 Plaza Lynnhaven Elementary School 93 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 94 Point O'View Kempsville Church of Christ 95 Red Wing Fraternal Order of Police, Lodge #8 96 Rock Lake Salem Elementary School 97 Rosemont Forest Rosemont Forest Elementary School 98 Roundhill Salem High School 1 11 II 99 100 Rudee Virginia Beach Volunteer Rescue Squad 101 Building 102 Seatack Mount Olive Baptist Church 103 Shannon Church of the Ascension 104 Shelburne Christopher Farms Elementary School 105 Shell Unity Church of Tidewater 106 Shelton Park Shelton Park Elementary 107 Sherry Park St. Matthews Catholic Church 108 Sigma Red Mill Elementary School 109 South Beach Contemporary Art Center of Virginia 110 Stratford Chase Community United Methodist Church 111 Strawbridge Strawbridge Elementary School 112 Tallwood Tallwood Elementary School 113 Thalia Thalia Elementary School 114 Thoroughgood Independence Middle School 115 Timberlake White Oaks Elementary School 116 Trantwood Virginia Beach Christian Church 117 Upton Three Oaks Elementary School 118 Village Thalia Lynn Baptist Church 119 Windsor Oaks Windsor Oaks Elementary School 120 Witchduck Bayside Presbyterian Church 121 Wolfsnare Virginia Beach Christian Life Center 122 Central Absentee Voter AgricultureNoter Registrar Building 123 Precinct 124 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 4 SUFFICIENCY: / ,--A_ z d, iI. , 4.....____ Voter R-gistrar City A 1= j'- i"ice CA13405 R-1 July 16, 2015 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council approving the issuance of Residential Care Facility Mortgage Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.) Series 2015 MEETING DATE: August 4, 2015 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Westminster-Canterbury of Hampton Roads, Inc. ("Westminster-Canterbury"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $85,000,000 (the "Bonds"), to provide financing for capital improvements, including (i) completion of and equipping the fourth floor of the health care center (the "Hoy Center"), (ii) renovations of the existing portion of the Hoy Center, (iii) construction, renovation and equipping the an expansion of the Wellness Center, (iv) refunding the outstanding principal amount of Westminster-Canterbury's existing bonds issued by the Authority (Series 2005, Series 2009 and Series 2011), and (v) financing of the costs of issuance of the Bonds. • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on July 21, 2015. Westminster-Canterbury is a not for profit assisted living facility providing residential care for the aged available to residents of the City. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution for City of Virginia Beach Location Map Disclosure Statement Form VBDA Submission to Council Affidavit of Publication & Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Economic Impact Statement Summary Sheet Letter from Department of Economic Development, dated July 21, 2015 Recommended Action: Approval Submitting Department/ Agency: Economic Development City Manage \\vbgov.com\DFS I\Applications\CityLawProd\cycom32\Wpdocs\D021\P019\00224389.DOC II 1 RESOLUTION OF THE CITY COUNCIL OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA, ON THE 3 ISSUANCE OF UP TO $85,000,000 OF REVENUE 4 BONDS BY THE CITY OF VIRGINIA BEACH 5 DEVELOPMENT AUTHORITY FOR THE BENEFIT 6 OF WESTMINSTER-CANTERBURY OF HAMPTON 7 ROADS, INC. 8 9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 10 has approved the application of Westminster-Canterbury of Hampton Roads, Inc. (the 11 "Organization"), a Virginia non-stock, not-for-profit corporation, requesting that the 12 Authority issue up to $85,000,000 of its revenue bonds in one or more series at one 13 time or from time to time (the "Bonds") to assist the Organization with: 14 15 (a) financing certain capital improvements at the Organization's 16 continuing care retirement community (the "Community") located at 3100 Shore 17 Drive, Virginia Beach, Virginia 23451, including, but not limited to the (i) 18 completion and equipping of the unfinished space on the fourth floor of the 19 Organization's existing four-story healthcare center (the "Hoy Center") to add 20 approximately 9,342 square feet of finished space, (ii) the renovation, 21 improvement and equipping of the existing finished space in the Hoy Center, 22 which upon completion will continue to be a 95-bed nursing healthcare facility, 23 (iii) the construction, renovation, improvement and equipping of a 2,400 square 24 foot expansion of the Organization's Wellness Center, which is located on the 25 first floor of the Community's West Tower and (iv) the financing of the costs of 26 routine and ongoing capital expenditures for the Community, including 27 information technology infrastructure, technology improvements, equipment 28 related to the foregoing two items, window replacement and repair, apartment 29 renovations, improvements and replacement, upgrades and expansion of 30 existing equipment and buildings and other capital outlays related to the existing 31 Community; 32 33 (b) refunding all or a portion of the outstanding principal amount of the 34 Authority's (i) Residential Care Facility Mortgage Refunding Revenue Bonds 35 (Westminster-Canterbury of Hampton Roads, Inc.), Series 2005 (the "Series 36 2005 Bonds") originally issued by the Authority for the purpose of refunding the 37 Authority's outstanding Residential Care Facility Mortgage Revenue Bonds, 38 Series 1999A (the "Series 1999A Bonds"), which were originally issued to 39 finance a portion of the Organization's costs to construct, renovate and equip a 40 new 14-story residential wing and to substantially renovate the Community, (ii) 41 Residential Facility Revenue and Refunding Bond (Westminster-Canterbury of 42 Hampton Roads, Inc.), Series 2009 (the "Series 2009 Bond"), which was 43 originally issued to refund the Authority's Residential Care Facility Mortgage 44 Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.), 45 Series 2004B, which were originally issued to refund the Authority's Residential 46 Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of 47 Hampton Roads, Inc.) Series 1993, which were originally issued to refund prior 48 bonds of the Authority that financed capital improvements at the Community and 49 (iii) Residential Care Facility Mortgage Revenue Bond (Westminster-Canterbury 50 of Hampton Roads, Inc.) Series 2011 (the "Series 2011 Bond" and collectively, 51 with the Series 2005 Bonds and the Series 2009 Bond, the "Refunded Bonds"), 52 which was originally issued to finance certain capital improvements to and 53 renovations of the Community; and 54 55 (c) financing costs of issuance incurred in connection with the 56 refunding of the Refunded Bonds and the issuance of the Bonds (collectively, the 57 "Plan of Finance"). 58 59 WHEREAS, the Authority held a public hearing on July 21, 2015; 60 61 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 62 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 63 private activity bonds and over the area in which any facility financed with the proceeds 64 of private activity bonds is located must approve the issuance of the bonds; 65 66 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 67 Virginia (the "City"), the facilities to be financed and refinanced with the proceeds of the 68 Bonds are located in the City and the City Council of the City of Virginia Beach, Virginia 69 (the "Council"), constitutes the highest elected governmental unit of the City; 70 71 WHEREAS, the Authority has recommended that the Council approve the Plan of 72 Finance and the issuance of the Bonds; and 73 74 WHEREAS, a copy of the Authority's resolutions approving the issuance of the 75 Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a 76 Fiscal Impact Statement have been filed with the Council. 77 78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 79 OF VIRGINIA BEACH, VIRGINIA: 80 81 1. The Council approves the issuance of the Bonds, in an aggregate 82 principal amount up to $85,000,000, by the Authority for the benefit of the Organization, 83 solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the 84 Code of Virginia of 1950, as amended, to permit the Authority to assist in accomplishing 85 the Plan of Finance. 86 87 2. The approval of the issuance of the Bonds does not constitute an 88 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the 89 Plan of Finance or the Organization. In accordance with Chapter 643 of the Acts of 90 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or 2 91 a pledge of the faith and credit or taxing power of the Commonwealth or any political 92 subdivision thereof, including the Authority and the City. 93 94 3. This resolution shall take effect immediately upon its adoption. 95 96 Adopted by the Council fo the City of Virginia Beach, Virginia, on day of 97 , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA13231 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D021\P019\00224392.DOC R-1 July 23, 2015 3 1 II ii t - � t ci- r+ ', w gm "► _"� �"'� u-' z ti 44 .,-.50i. si. - . c a MOSD 3 VI #. w CU 0 win - �Now C 074- g co o_ 73 I I at 'Pk O Ili3W ' „ 4. < e+ n _ - -,.,r , - f ,4 e. el eirD 1/1114,1%. .....::::. M '' t ul ft.... 4_,....,....., . _ .. $ . k 1 A . -A ' ' . . , , ,. . ......,,,,. .... . ..„. , , , ,.t., * Illillr 1 \ ..___—i IM . tt , n �: al r CU 0 —' ,� (D = -* + '. -' r+ Nit 2 0 mik A z- 1 II . • Virginia Beach • DISCLOSURE STATEMENT FORM The completion and submission of this form is required for alt 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 Compliance,Special Investment ProgramNonconforming Use Exception for (EDLP) Changes A Boardof Zoning Encroachment Request Rezoning PA ats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board w 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 jS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT f$ a corporation, partnership, firm, business, or fOR CITY USE ONLY/Alidisclosures must be updated two(21 weeks prior to any 1 Page I of 4 PlanMny Commission and City Council meeting that pertains to the atpltcation(s), 0 D APPLICANT NOTIFIED OF HEARING DATE: fl 0 ...NO CHANGES AS OF DATE: REviStoNs SUBMITTED DATE' •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) Westminster-Canterbury of Hampton Roads, Inc. See attached Schedule "A" (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) (1) Westminster Canterbury at Home, LLC; Senior Options, LLC & Ballentine Home Corporation (2) Westminster-Canterbury on Chesapeake Bay Foundation See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pit,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. ❑ Check here 1f the PROPERTY OWhjER is.%corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) rtJ`; 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. r. �_ . F,, Vifrginia fiexch.. • kse 1 "Parent•subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2.3101. a "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when(il 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 0. 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 1 PROVIDER(use additional sheets if needed) V0 Accounting and/or preparer of GliftonLarsonallen your tax return Charlotte, NC Ej Architect/Landscape Architect/ Mark 1l. l3lgnard, AIA Land Planner INNOVATE Architect & Interiors Portsmouth, VA, Contract Purchaser(if other than None 0 0 the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed None ED Q purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EI 0 Construction Contractors Not yet selected 0 0 Engineers/Surveyors Not yet selected ('.• 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. en.: Virginia Beach. Financing (include current SunTrust Bank La eurrerit morcgage ❑ mortgage rs and lenders holder and ski s.eurrutionet & Government, Inc., s SunTrust selected or being considered to company, will purchase current provide financing for acquisition industrial development revenue V or construction of the property) bond ❑ Le al Services f}; Willcox & Savage, P.C. (General Counsel) McGuire Woods LLP (Bond Counsel) & Real Estate Brokers /Agents for c unsel) ❑ ❑ current and anticipated future None 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 CDan 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. .f-; �pub c bo or committee in connection with this Application. 1 "rte . J. Benjamin Unkle, Jr. 7 M -"LICillirf NATURE PRINT NAME D E PROPERTY OWNER'S SIGNATURE PRINT NAME 1 DATE ------ ...it._ s I 4 -r a -.-.. , ♦ IM q► - - R; 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. ti BOARD OF TRUSTEES OF WESTMINSTER•CANTERBURY OF HAMPTON ROADS,INC. { Term Tru,Etees Expires Occupation Howard P.Kern,Chairman 1/2016 President&COO,Sentara Healthcare Robert W.McFarland,Vice- 1/2038 Attorney,McGulreWoods LIP Chairman Suranne Puryear,Secretary 1/2019 President,Norfolk Planning Council George L.Compo,Treasurer 1/2017 President,Compo Construction Company Dr.Townsend Brown,Jr. 1/2019 Dentist The Rev.Harold J.Cobb,Jr. 1/2016 Rector,Grace Episcopal Church The Rev.Frances D.Dille 1/2037 Chaplain,Bon Secours Maryview Medical Center Dr.William T.Greer,Jr. 1/2017 President,Virginia Wesleyan College Peter M.111 1/2018 President&CEO,Reske Online Dennis G.Manning 1/2019 Headmaster,Norfolk Academy John Y.Pearson 1/2019 Attorney,Retired Jane Lady Rathbone1/2018 President&CEO,Hanbury Evans Wright Vlattms+Co 1�. Martha Sims 1/2016 Retired Director,Virginia Beach Public Libraries Timothy Y J.SIR Ger 1/2018 President,Commonwealth Lodging Alvin A.Wall 1/2017 CPA,Wall,Einhorn&Chernitzer,PLC Dr.David B.Young 1/2016 Physician,Retired Ex-Officio_ The Rt.Rev.Herman Hollerith `T Bishop,Episcopal Diocese of Southern Virginia,Norfolk,VA The Rev.Liza Hendricks General Presbyter,Presbytery of Eastern Virginia Portsmouth,VA Westminster-Canterbury of Hampton Roads Foundation. The Foundation was incorporated on December 22,1992,as a not-for-profit Virginia nonstock corporation,the sole member of which is Westminster-Canterbury. The Foundation was born out of a desire to significantly increase the ability of Westminster-Canterbury to provide fellowship assistance to qualified individuals. Westminster-Canterbury transferred all moneys in its Fellowship Fund to the Foundation in 1993 and has subsequently provided financial assistance to its residents through the Foundation. The Foundation is a Member of the Obligated Group. The audited consolidated financial statements of Westminster-Canterbury provided in an appendix to this REP include the w ` Foundation's operating results and financial position for the years ended September 30,2014 and 2013. As of September 30,2014 the Foundation had total assets of approximately$12.3 million and maintains an investment policy which emphasizes preservation of assets and long-term growth of principal. Under the current investment policy,the asset allocation allows equities to range from 60-70%and fixed income from 30-40%. The Foundation,managed by a Board of Directors appointed by the Board of Trustees of Westminster-Canterbury, is a supporting tax-exempt organization that will underwrite partial expenses of current and prospective residents who need assistance and who have been approved by the admitting staff and the Admissions Committee of Westminster-Canterbury. In addition to serving as a vehicle for private and corporate giving,the Foundation also advises Westminster-Canterbury's Board of Trustees as to whether the mission of Westminster- Canterbury to provide fellowship assistance to eligible candidates Is being sufficiently communicated to its constituencies,and if not,what steps could be taken to further enhance the community's understanding of Westminster-Canterbury's purpose and ministry as it pertains to the fellowship program, The Foundation's Board also advises Westminster-Canterbury's Board of Trustees of any developments in the local community that could impact the ministry of Westminster-Canterbury and on any actions and policies that may be needed to further implement appropriate fundraising procedures. f" Management. The Board of Trustees delegates the day-to-day operations to the management team headed by the President. The President implements the policies of the Board through delegation and supervision of the staff. Key members of the management team are: J. Benjamin Unkle, Jr. is President/CEO of Westminster-Canterbury. Prior to joining Westminster-Canterbury Mr.tinkle was Senior Vice President of Western Operations for Erickson Retirement Communities, a national leader in senior housing and health care. Mr. Unkle had leadership responsibility for eight continuing care retirement communities in that position. Prior to Joining Erickson,Mr.Unkle practiced lawwith DLA Piper(formerly Piper&Marbury)headquartered in Baltimore,Maryland. He hasa 8.A.degree in Government&Politics and earned hisluris Doctor, with honors,from the University of Maryland. Daniela.Nimon,Vice President,Resident and Health Services,leads the development and delivery of Resident and Health Services to the independent,assisted living and nursing home constituencies of Westminster-Canterbury. Mr.Nimon has worked in the healthcare field for over 30 years and has been a Licensed Nursing Home Administrator for over 25 years. During his career Mr.Nimon has served in a variety of health care settings as Administrator or Executive Director. He received his BS in Human Services Administration from New Hampshire College,Manchester,New Hampshire and became a Certified Assisted Living Administrator in 2001. 77 4v ry> Joseph F.Belvedere,Jr.is Chief Financial Officer and Assistant Treasurer. Prior to joining Westminster-Canterbury,Mr.Belvedere was Vice President of Finance in charge of the financial aspects of the community services organization (Home Health, Hospice, Adult Day Centers, Transportation,and other community-based programs)at Ohio Presbyterian Retirement Services, Ohio's largest non-profit provider of retirement services. During his six-year tenure at OPRS,this community-based services organization doubled in size and became well-known nationally for service quality and financial stability. Prior to OPRS,Mr. Belvedere worked in progressing financial positions at The Goodyear Tire& Rubber Company (Financial Analysis,Investor Relations,Corporate Accounting)and LimitedBrands,Inc.(Bath&Body Works,Victoria's Secret,Express and other retail brands—Store Design&Construction and Fixed Asset Accounting). Mr.Belvedere has a BSBA and MBA from the University of Akron,accredited business school. Nancy King is the Vice President of Operations for Westminster-Canterbury at Home,LC. She has 30 years of experience In senior living,home and community based services,with start-up and/or operating experience for 13 home care and hospice agencies in three states.She served as Chair of the LeadingAge Home and Community Services Cabinet. r VIRGINIA BEACH 1 July 21, 2015 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach,Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Mortgage Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with the request of Westminster-Canterbury of Hampton Roads, Inc.'s application for the issuance of residential care facility mortgage revenue bonds in the amount of$85,000,000 for the project located at 3100 Shore Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's(the"Authority's")resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. Very truly yours, Assistant Secretary /AWS Enclosures 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT A NOTICE OF PUBLIC HEARING TO (b)refund all or a portion of the BE HELD BY THE outstanding principal amount of the CITY OF VIRGINIA BEACH Authority's 0 Residential Care Facility DEVELOPMENT AUTHORITY Mortgage Refunding Revenue Bonds (Westminster-Canterd.ry of Hampton Roads. ON THE ISSUANCE OF Inc.), Series 2005 (the 'Serres 2005 UP TO$85510000 000 OF ITS Bonds')originally issued by the Authority for REVETkE BONDS the purpose of refunding the Authority's FOR THE BENEFIT OF outstanding Residential Care Facility WESTMINSTER-CANTERBURY OF Mortgage Revenue Bonds. Series 1999A HAMPTON ROADS,INC. originally ries 1999A Bonds'), which were originaly issued to finance a portion of the Organization's costs to constrict. renovate Notice is hereby given that the City of and equip a new 14-story residential wing V rginia Beach Development Authority the and to substantially renovate the 'A,Ntonty') whose address is 4525 Main Community. (ii) Residents' Facility Revenue Street, Sure 700, Virginia Beach, Vrgnia and Refunding Bond 73462, will hold a public hearing on the (Westminster-Canterbury of Hampton Roads. application and plan of financing of Inc.), Series 2009 the 'Series 2009 Wo'stminsterCanterbury of Hampton Roads. Bond').witch was originally issued to refund Inc. (the 'Organization'), whose princpa the AuthorResrdentel Care Facility place ppof busness is 3100 Shore Drive, rty s ur�d Revenue Bonds Virginia Beach. Viginia 23451. requesting (W minsterCanterbury of Hampton Roads. the Authority issue up to 185,000.000 of its Inc.), Senes 20048, which were originaly revenue bonds (the 'Bonds'), n one a issued to refund the Authority's Resdental more series at one time or from tine to Care Facrityy Mortgaw Refunding Revenue tune,the proceeds of which will be loaned to Bonds (Westrrrrnster of Hampton the Organisation to: Roads, Inc.) Series 1993, which were maty issued to refund prior bonds of the (a)finance certain capita: Authoritythat financed capitalimprovements improvements at the Organization's at the orrrnunity and (iii) Residential Care ccntrsuirg care retirement community (the Facility Mortgage Revenue Bond Community/') located at 3100 Shore Drive. (WestminsterCaterbury of Hampton Roads. Virginia Beach. Virginia 23451. including. inc.)Series 2011the 'Series 2011 Bond' but not limited to the (i) completion and and collectively,with the Series 2005 Bonds equipping of the ui'nfnished space on the and the Series 2009 Bond, the 'Refunded fourth floor of the Organization's existing Bonds'), which was originaNy issued to four story healthcare center (the 'Hoy finance certain capital improvements to and Center')to add approximately 9,342 square renovations of the Community:and feet of finished space. (ii) the renovation. improvement and equipping of the existing (c)finance costs of rssuarroe incurred fir shed space in the Hoy Center, which in connection vett the refunding of the upxirr completion will contra to be a Refunded Bonds and the issuance of the 9 bed musing healthcare facility, (iii) the Bonds(collectively the'Plan of Finance'). construction, renovation, improvement and The issuance of the Bonds as requested by equipping of a 2,400 square foot expansion the Organization will not constitute a debt or of the Organization's Wellness Center,which C of the faith and credit of the is located on the first floor of the Commonwealth of Virginia. the Authority or Community's West Tower and (iv) the the Cry of Virginia Beach, Virgnia, but will fir;anc nig of the costs of routine and ongoing be payable solely from revenues derived capital expenditures for the Community, from the Organization and pledged therefor including information technology and neither the faith and credit nor the infrastructure. technology rnprovements, taxing power of the Commonwealth of equipment related to the foregoing two Virginia or any political subdivisions, items. window replacement and repair, including the Authority or the City of Virginia apartment renovations, improvements and Beach.Virginia.is pledged to the payment of replacement, upgrades and expansion of the Bonds The Authority has no taxing ex,sting equipment and buildings and other power. capital outlays related to the existing Community: The public hearing.which may be continued or adjourned. wilt be held at 8:30 a.m. on Tuesday,July 21,2015,before the Authority and in the Authority's offices located at 4525 Man Street. Suite 700. Virginia Beach. Virginia 23462. Any person interested in the issuance of the Bonds or the Plan of Finance may appear at the hearing and present his or her views. A copy of the Organization's application may be inspected at the Authority's office at the adbess stated above during business hours. City of Virginia Beach Dorologinoot Authority VP July 7.4 14.2015 24707767 EXHIBIT B EXHIBIT B Summary of Statements Representatives of Westminster-Canterbury of Hampton Roads, Inc. appeared before the Authority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. I I EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF UP TO $85,000,000 OF REVENUE BONDS FOR THE BENEFIT OF WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. WHEREAS, the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth of Virginia by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); WHEREAS, the Authority has received a request from Westminster-Canterbury of Hampton Roads, Inc., a Virginia non-stock, not-for-profit corporation (the "Organization"), requesting that the Authority issue its revenue bonds, in one or more series at one time or from time to time, to assist the Organization with: (a) financing certain capital improvements at the Organization's continuing care retirement community (the "Community") located at 3100 Shore Drive, Virginia Beach, Virginia 23451, including, but not limited to the (i) completion and equipping of the unfinished space on the fourth floor of the Organization's existing four-story healthcare center (the "Hoy Center") to add approximately 9,342 square feet of finished space, (ii) the renovation, improvement and equipping of the existing finished space in the Hoy Center, which upon completion will continue to be a 95-bed nursing healthcare facility, (iii) the construction, renovation, improvement and equipping of a 2,400 square foot expansion of the Organization's Wellness Center, which is located on the first floor of the Community's West Tower and (iv) the financing of the costs of routine and ongoing capital expenditures for the Community, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations, improvements and replacement, upgrades and expansion of existing equipment and buildings and other capital outlays related to the existing Community; (b) refunding all or a portion of the outstanding principal amount of the Authority's (i) Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.), Series 2005 (the "Series 2005 Bonds") originally issued by the Authority for the purpose of refunding the Authority's outstanding Residential Care Facility Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds"), which were originally issued to finance a portion of the Organization's costs to construct, renovate and equip a new 14-story residential wing and to substantially renovate the Community, (ii) Residential Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.), Series 2009 (the "Series 2009 Bond"), which was originally issued to refund the Authority's Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.), Series 2004B, which were originally issued to refund the Authority's Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton 68246727_4 1 III I Roads, Inc.) Series 1993, which were originally issued to refund prior bonds of the Authority that financed capital improvements at the Community and (iii) Residential Care Facility Mortgage Revenue Bond (Westminster-Canterbury of Hampton Roads, Inc.) Series 2011 (the "Series 2011 Bond" and collectively, with the Series 2005 Bonds and the Series 2009 Bond, the "Refunded Bonds"), which was originally issued to finance certain capital improvements to and renovations of the Community; and (c) financing costs of issuance incurred in connection with the refunding of the Refunded Bonds and the issuance of the Bonds (collectively, the "Plan of Finance"). WHEREAS, such assistance will benefit the inhabitants of the City of Virginia Beach, Virginia (the "City") and the Commonwealth of Virginia, either through the increase of their commerce or through the promotion of their safety, health, welfare, convenience or prosperity; WHEREAS, preliminary plans for the Plan of Finance have been described to the Authority and a public hearing has been held as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended; WHEREAS, the Organization has represented that the estimated cost of undertaking the Plan of Finance will require an issue of revenue bonds in the aggregate principal amount not to exceed $85,000,000; WHEREAS, (a) no member of the Board of Commissioners of the Authority is an officer or employee of the City, (b) each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Commissioners of the Authority have satisfied the residency requirements of the Act; and WHEREAS, to the best of the Authority's knowledge, no member of the Board of Commissioners of the Authority has any personal interest or business interest in the Organization or the bonds or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended, in connection with this resolution or any other official action of the Authority in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the Plan of Finance will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the City and their citizens and in particular will promote the providing of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The Authority hereby agrees to assist the Organization in undertaking the Plan of Finance by issuing its revenue bonds in an aggregate principal amount not to exceed $85,000,000 upon terms and conditions mutually agreeable to the Authority and the Organization. The bonds -2- will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Plan of Finance, and the planning therefor, the Authority agrees that the Organization may proceed with the Plan of Finance, enter into contracts for land, construction, materials and equipment for the Project, and take such other steps as it may deem appropriate in connection with the Plan of Finance, provided, however, that nothing in this resolution shall be deemed to authorize the Organization to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Finance. The Authority agrees that the Organization may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 4. At the request of the Organization, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the issuance of the Bonds. 5. All costs and expenses in connection with the undertaking of the Plan of Finance, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Organization or, to the extent permitted by applicable law, from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the Organization and that the Authority shall have no responsibility therefor. 6. The Authority recommends that the governing body of the City approve the issuance of the bonds for the purpose of undertaking the Plan of Finance. 7. No bonds may be issued pursuant to this resolution until such time as the issuance of the bonds has been approved by the governing body of the City. 8. This resolution shall take effect immediately upon its adoption. -3- 1 11 1 CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on July 21, 2015, in accordance with law, and that such resolution has not been repealed,revoked, rescinded or amended but is in full force and effect on the date hereof. k WITNESS the following signature and seal of the Authority this Z"day of , 2015. c• .,.1----- ----------./h4 Secreta y City of Virginia B Developme Authority -4- I I I EXHIBIT D DISCLOSURE STATEMENT Date: July 22, 2015 Applicant: Westminster-Canterbury of Hampton Roads, Inc. All Owners (if different from Applicant): None Type of Application: $85,000,000 Residential Care Facility Mortgage Refunding Revenue Bond, Series 2015 to provide owner financing for capital improvements to the health care center and wellness center and general capital replacement needs at Westminster- Canterbury's Facility located at 3100 Shore Drive in Virginia Beach, Virginia and $60,000,000 to refund existing long-term bond debt initially issued by the Virginia Beach Development Authority to finance and refinance other capital projects at Westminster-Canterbury's facility 1. The Applicant is a Virginia corporation. 2. The Applicant is the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Schedule A. WESTMINSTER-CANTERBURY OF HAMPTON • ROADS, INC. • General Counsel 1-1342176.1 • BOARD OF TRUSTEES OF WESTMINSTER-CANTERBURY OF HAMPTON ROADS,INC. - Term Trustees Expires Occu, at-ion°n Howard P.Kern,Chairman 1/2016 President&COO,Sentara Healthcare Robert W.McFarland,Vice- 1/2018 Attorney,McGuireWoods LLP Chairman Suzanne Puryear,Secretary 1/2019 President,Norfolk Planning Council George 1.Compo,Treasurer 1/2017 President,Campo Construction Company Dr.Townsend Brown,Jr. 1/2019 Dentist The Rev.Harold J.Cobb,Jr. 1/2016 Rector,Grace Episcopal Church The Rev,Frances D.Dille 1/2017 Chaplain,Bon Secours Maryview Medical Center Dr.William T.Greer,Jr. 1/2017 President,Virginia Wesleyan College Peter M.III 1/2018 President&CEO,Resite Online Dennis G.Manning 1/2019 Headmaster,Norfolk Academy John Y.Pearson 1/2019 Attorney,Retired Jane Cady Rathbone 1/2018 President&CEO,Hanbury Evans Wright Vlattms+Co Martha Sims 1/2016 Retired Director,Virginia Beach Public Libraries • Timothy J.Stiffler 1/2018 President,Commonwealth Lodging Alvin A.Wall 1/2017 CPA,Wall,Einhorn&Chernitzer,PLC Dr.David B.Young 1/2016 Physician,Retired Ex-Officio The Rt.Rev.Herman Hollerith Bishop,Episcopal Diocese of Southern Virginia,Norfolk,VA The Rev.Liza Hendricks General Presbyter,Presbytery of Eastern Virginia Portsmouth,VA • Westminster-Canterbury of Hamptpn Roads Foundation. The Foundation was incorporated on December 22, 1992, as a not-for-profit Virginia nonstock corporation,the sole member of which is Westminster-Canterbury. The Foundation was born out of a desire to significantly increase the ability of Westminster-Canterbury to provide fellowship assistance to qualified individuals. Westminster-Canterbury transferred all moneys in its Fellowship Fund to the Foundation in 1993 and has subsequently provided financial assistance to its residents through the Foundation. The Foundation is a Member of the Obligated Group. The audited consolidated financial statements of Westminster-Canterbury provided in an appendix to this RFP include the Foundation's operating results and financial position for the years ended September 30,2014 and 2013. As of September 30, 2014 the Foundation had total assets of approximately$12.3 million and maintains an investment policy which emphasizes preservation of assets and long-term growth of principal. Under the current investment policy, the asset allocation allows equities to range from 60-70%and fixed income from 30-40%. The Foundation, managed by a Board of Directors appointed by the Board of Trustees of Westminster-Canterbury, is a supporting tax-exempt organization that will underwrite partial expenses of current and prospective residents who need assistance and who have been approved by the admitting staff and the Admissions Committee of Westminster-Canterbury. In addition to serving as a vehicle for private and corporate giving, the Foundation also advises Westminster-Canterbury's Board of Trustees as to whether the mission of Westminster- Canterbury to provide fellowship assistance to eligible candidates is being sufficiently communicated to its constituencies,and if not,what steps could be taken to further enhance the community's understanding of Westminster-Canterbury's purpose and ministry as it pertains to the fellowship program. The Foundation's Board also advises Westminster-Canterbury's Board of Trustees of any developments in the local community that could Impact the ministry of Westminster-Canterbury and on any actions and policies that may be needed to further implement appropriate fundraising procedures. Management. The Board of Trustees delegates the day-to-day operations to the management team headed by the President. The President implements the policies of the Board through delegation and supervision of the staff. Key members of the management team are: J. Benjamin Unkle, Jr. is President/CEO of Westminster-Canterbury. Prior to joining Westminster-Canterbury Mr.Unkle was Senior Vice President of Western Operations for Erickson Retirement Communities, a national leader in senior housing and health care. Mr. Unkle had leadership responsibility for eight continuing care retirement communities in that position. Prior to joining Erickson,Mr.Unkle practiced law with DLA Piper(formerly Piper&Marbury)headquartered in Baltimore,Maryland. He has a B.A.degree in Government&Politics and earned his Juris Doctor, with honors,from the University of Maryland. Daniel J.Nimon,Vice President,Resident and Health Services,leads the development and delivery of Resident and Health Services to the independent, assisted living and nursing home constituencies of Westminster-Canterbury. Mr.Nimon has worked in the healthcare field for over 30 years and has been a Licensed Nursing Home Administrator for over 25 years. During his career Mr.Nimon has served in a variety of health care settings as Administrator or Executive Director. He received his BS in Human Services Administration from New Hampshire College,Manchester,New Hampshire and became a Certified Assisted Living Administrator in 2001. Joseph F.Belvedere,Jr.is Chief Financial Officer and Assistant Treasurer. Prior to joining Westminster-Canterbury, Mr. Belvedere was Vice President of Finance in charge of the financial aspects of the community services organization (Home Health, Hospice, Adult Day Centers, Transportation,and other community-based programs)at Ohio Presbyterian Retirement Services, Ohio's largest non-profit provider of retirement services. During his six-year tenure at OPRS,this community-based services organization doubled in size and became well-known nationally for service quality and financial stability. Prior to OPRS,Mr. Belvedere worked in progressing financial positions at The Goodyear Tire & Rubber Company (Financial Analysis,Investor Relations,Corporate Accounting)and LimitedBrands,Inc.(Bath&Body Works,Victoria's Secret, Express and other retail brands—Store Design&Construction and Fixed Asset Accounting). Mr. Belvedere has a BSBA and MBA from the University of Akron,accredited business school. Nancy King is the Vice President of Operations for Westminster-Canterbury at Home,LLC. She has 30 years of experience in senior living,home and community based services,with start-up and/or operating experience for 13 home care and hospice agencies in three states. She served as Chair of the LeadingAge Home and Community Services Cabinet. EXHIBIT E A VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $85,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2015 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Westminster-Canterbury of Hampton Roads, Inc.'s residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach, VA 23462/(757)385-6464 EXHIBIT F FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: July 7, 2015 To the City Council of the City of Virginia Beach, Virginia Virginia Beach, Virginia Applicant: Westminster-Canterbury of Hampton Roads, Inc. (the "Organization") Facility/ The financing of improvements to the Hoy Center to finished the 4th story and Plan of improve and equip the other floors, expanding the Wellness Center and refunding Finance: certain existing debt of the Organization. 1. Maximum amount of financing sought $85,000,000 2. Estimated taxable value of the facility's real property to be constructed in $10,480,000 the locality. 3. Estimated real property tax per year using present tax rates. $808,983 4. Estimated personal property tax per year using present tax rates. $82,238 5. Estimated merchants' capital tax per year using present tax rates. N/A 6. (a) Estimated dollar value per year of goods that will be purchased from $9,058,480* Virginia companies within the locality (b) Estimated dollar value per year of goods that will be purchased from $3,480,864* non-Virginia companies within the locality (c) Estimated dollar value per year of services that will be purchased $6,329,756* from Virginia companies within the locality (d) Estimated dollar value per year of services that will be purchased $1,874,311* from non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis. 411.8 FTEs 8. Average annual salary per employee. $35,608 * Amounts shown are based on the Organization's purchases for the community generally because the proceeds of the proposed bonds include certain new money projects as described above and the refunding of certain of the Organization's existing debt that was used to finance and refinance various components of its community. C=x� Chair City of Virg' is Beach Development Authority EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Westminster-Canterbury of Hampton Roads, Inc. 2. LOCATION: 3100 Shore Drive,Virginia Beach,Virginia 23451 3. DESCRIPTION OF PROJECT: (i) The renovation and expansion of the third floor of Westminster-Canterbury's existing four-story health care center to add additional private rooms, remodel semi-private to private rooms on the third floor of the health care center and a refurbishment of all common areas in that building; (ii) the renovation and expansion of Westminster- Canterbury's wellness center; (iii) general capital improvements to the entire Westminster-Canterbury facility with emphasis on technology infrastructure and technology improvements and equipment, window replacement and repair and apartment renovations and (v) the refunding of Series 2005 bonds, 2009 bond and 2011 bond, which were issued by the Virginia Beach Development Authority to refinance other capital projects at Westminster-Canterbury's Facility to achieve debt service savings. 4. AMOUNT OF BOND ISSUE: $85,000,000 5. PRINCIPALS: Episcopal Diocese of Southern Virginia and Presbytery of Eastern Virginia, Presbyterian Church (USA) 6. ZONING CLASSIFICATION: a. Present zoning classification the Property: B-4 b. Is rezoning proposed: Yes No XX_,_-_ c. If so, to what zoning classification: 1-1342174.1 II EXHIBIT H 17.1 VIRGINIA BEACH ECONOMIC DEVELOPMENT July 21, 2015 Mrs. Elizabeth"Boo"A. Twohy Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Re: Westminster-Canterbury of Hampton Roads, Inc. Dear Boo: The Department of Economic Development concurs with the issuance of Series 2015 Mortgage Revenue and Refunding Bonds in an amount not to exceed $85,000,000 for Westminster- Canterbury of Hampton Roads, Inc. The issuance of these bonds by the Authority will provide a public benefit to the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. These funds will finance completion and equipping of the unfinished and finished healthcare center (the "Hoy Center"); construction, renovation, improvement and equipping the expanded Organization's Wellness Center; and financing routine and ongoing capital expenditures such as information technology infrastructure, window replacement and repair, apartment renovations and upgrades, etc. I will be happy to answer any questions you may have. Sincerely, ?C\C\OA\ Mark R. Wawner Project Development Coordinator /11a 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 %', [ ';iiic,,, sP' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 5,021 sq. ft. of Property, Located at 1081 Norfolk Avenue, to be in Excess of the City's Needs and Authorizing the City Manager to Execute the Documents Necessary to Convey the Property to M & K Investments I, LLC MEETING DATE: August 4, 2015 • Background: The subject property is 5,021 sq. ft. of vacant land located at 1081 Norfolk Avenue, GPINs: 2417-54-3201 and 2417-54-2185 (the "Property"). The City of Virginia Beach acquired the Property from Mary E. Parsons by voluntary sale on May 11, 2005 for $160,000, which included the land and the improvements. Approximately 313 sq. ft. of the Property frontage was used to widen the right-of- way as part of the Birdneck Road Project (CIP 2-149), and the single-family home was demolished. City and State funds were used for the acquisition. In December 2012, the Birdneck Road Project was completed and accepted by the City. In September 2013, a proposed conveyance of the Property was reviewed and approved by the Virginia Department of Transportation, with the provision that the sale proceeds must be deposited back into a transportation related project. M & K Investments I, LLC ("M & K") owns the adjacent property, which is the Birdneck Shoppes shopping center located on the southeast corner of the intersection of Norfolk Avenue and S. Birdneck Road. M & K proposes to use the Property as an additional buffer between Birdneck Shoppes and residential properties to the east as well as for parking and a delivery area for the shopping center. The applicant will be responsible for rezoning and resubdividing the Property. The other adjoining owner was given an opportunity to submit a proposal by June 15, 2015 to purchase all or part of the Property. No proposal was received by the due date. • Considerations: Subject to Council approval, the City has reached an agreement to sell the Property for $50,000.00, with the restriction that no residential uses shall be allowed. Further, the Property will be required to be rezoned and assembled with the adjacent parcel. • Public Information: • Alternatives: Approve the sale of the Property as submitted or retain ownership of the Property. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. • Attachments: Summary of Terms, Ordinance, Location Map Recommended Action: Approval of the Ordinance g� Submitting Department/Agency: Public Works/Real Estate `J ph.)) City Manager ' ,N t, , ,, ,, o Li., • E-__:-:7 < oc, 100.11C0 O ♦ nTzi (( E 0L r ide.:N ,c;s7-16,s •(N, ,v,2 8 _..,. 0 - .-- i -, 7,_,..4„4.7,,,cr- /- �'�� z � _z M N ` U f 4..,"\\.-„,..,/,,, f::::j :: _______ ____ 9 11 EjE ] w Z � � � II M to (4-, lk rr • 1Ln 00.<".0 a _a 01 QOLL � d' o0{) N N CZI i) , 041/1 (i C t-- 0. or , _ NOS / V (7 gIRGH�,pKE RC' b�// W 1 „4„, -70 , r C' ct uyJa� coo Q, p� -------,_.._ rt,iii c,/, Li E.?,.-1. 1 \\ CC 1-1 \ o NrU U � s..,,,,' '/�,�e ' ') ' 'C' .r`e& � C9 �=4,41 ” 0 ti 0 P7` Al o Li! — tti N ss' 4, .16‘ -'4'., . LIC] _______ il At -. C:2o 117 kir ci , tic?-1.4;‘!&>9+-\,\,kir)A4 4 .1 ° OA 41 ,�e 'QVCs ,1J. •:o` /4 x Ire I 2i + sro, 1 ,_JI c=1 Mir i 0 , 0 co :z o /144r, to"f Q �s m' o ,:l Lu 4, : � J s ,,,' , 44.440...70 c�' I 1 \N .,� '/ o o fid., ` , . dl o w N°a►�a / Q ° 1 ti cvls;, 40 _ _ i. �� t r i ` -- _S CIN NO3Na?JI8 CZ'0 — \_/ 1 7,, 1 7- J m �' Z ! i Z L u = cn LfJ a U woppGlFC* ,,---- 0° oO ❑ Dy11 MBIRDSECKRDS (----\ 1./V1:7-4 F—N_. Qcn20 Ll AN W w0 C N p c n3— w_ s�8� Q �pwD2 a � On 7, Lc) .3 iI cc Virginia Brach 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. X, Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/Ail divlo sures ro st t r. ordated t,wc)41) • eT c t;rlOr so any Page 1 of 4 iridoi C%Hrtfrossioi7 a"Id C'ty C9.oci1 freelln: tt1aS trT. r to tf e a ,I :4004 1 0 Afr UCANT NOT,FIED OF HZARINO 0 NO CHANCES AS OF 1- 0 REVISIONS SUEt>II TED D„; � Virginia sem other unincorporated organization, AND THEN. complete the following (A) List the Applicant's name followed by the names of ail officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) M & K Investments 1, LLC: Mark Mousouris, Manager (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) _n. See next page for information pertaining to footnotes1 and 2 • ► SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 if property owner is differentfrom Applicant. Q Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101, 2 "Affiliated business entity relationshipmeans "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 WO there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 1 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subjecLpf ttje avrilication or anybjjiess oeraunQ or to be operated on th .froper . If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets If needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than nthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property X-1 (identify purchaser(s) and purchasees service providers) EzConstruction Contractors Engineers/Surveyors WPL 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. Financing(include current E38&T T (� mortgage holders and lenders `� L_._1 selected or being considered to provide financing for acquisition or construction of the property) 0 Li Legal Services rSy ws, Bourdon,Ahern&Levy,P,C, Real Estate Brokers /Agents for El0- 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 El " 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 i understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning COMMI55ion, Council, VBDA meeting, or meeting o ny public body or committee in connection with this Application`_ _ / - Mark Mousouris, Manager II 7/9/i, A. _ICA 5 SIGNATURE PRINT NAME I rIATF 1i inAgl< fl vvsc(3,�/3 -I/9//r— DATE PROPERTY OWNER'S SIGNATURE PRINT NAME MATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I I 1 AN ORDINANCE DECLARING 5,021 SQ. FT. OF 2 PROPERTY, LOCATED AT 1081 NORFOLK 3 AVENUE, TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY MANAGER 5 TO EXECUTE THE DOCUMENTS NECESSARY TO 6 CONVEY THE PROPERTY TO M & K 7 INVESTMENTS I, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") acquired certain real property 1 o consisting of two (2) parcels and containing 5,334 sq. ft. located at 1081 Norfolk Avenue 11 (GPINs: 2417-54-3201 and 2417-54-2185), (the "Original Parcels"); 12 13 WHEREAS, the City acquired the Original Parcels from Mary E. Parsons on May 14 11, 2005 for the Birdneck Road Project (CIP 2-149) (the "Project"), utilizing 15 approximately 313 sq. ft. of the Original Parcels to widen the right-of-way, and the 16 remaining acreage being 5,021 sq. ft. (the "Property"); 17 18 WHEREAS, the Project is now complete, and City Council is of the opinion that 19 the Property is in excess of the needs of the City of Virginia Beach; 20 21 WHEREAS, M & K Investments I, LLC ("M & K"), desires to acquire the Property, 22 and combine it with the adjoining parcel located at 1091 Norfolk Avenue, for use as an 23 additional buffer as well as for parking and a delivery area; 24 25 WHEREAS, the Virginia Department of Transportation has approved the sale of 26 the Property on the condition that such proceeds be deposited into a transportation 27 related project; 28 29 WHEREAS, the Department of Public Works will deposit the proceeds from the 30 sale of the Property into CIP 2-025: Witchduck Road — Phase II; and 31 32 WHEREAS, City Council has determined that M & K's proposed use is an 33 appropriate use for the Property. 34 35 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the Property is hereby declared to be in excess of the needs of the City of 39 Virginia Beach and that the City Manager or his designee is hereby authorized to: 1) 40 execute any documents necessary to convey the Property to M & K Investments I, LLC, 41 in accordance with the Summary of Terms attached hereto as Exhibit A, and made a 42 part hereof, and such other terms, conditions or modifications as may be acceptable to 43 the City Manager and in a form deemed satisfactory by the City Attorney; and 2) deposit 44 the proceeds of the sale of the Property into CIP 2-025: Witchduck Road — Phase II. 45 46 This ordinance shall be effective from the date of its adoption. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 2015. CA-13216 R-1 PREPARED: 7/21/15 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1116, . IlditA,4)7 (.41A) PU:LIC WORKS, REAL ESTATE CITY ATTORN Y61 7. 2-'act I I I I EXHIBIT A SUMMARY OF TERMS SALE OF EXCESS PROPERTY - 1081 NORFOLK AVENUE SELLER: City of Virginia Beach PURCHASER: M & K Investments I, LLC, a Virginia limited liability corporation PROPERTY: 1081 Norfolk Avenue (GPINs: 2417-54-3201 and 2417-54-2185) (The "Property") SALE PRICE: $50,000.00 CONDITIONS OF SALE: • Property will be purchased "As Is, Where Is." • Property is currently zoned R-7.5 and will need to be rezoned to accommodate shopping center use, at the Buyer's expense. • Property shall be resubdivided at the Buyer's expense in order to eliminate interior lot lines for GPINs: 2417-54-3201, 2417-54- 2185 and 2417-54-0166. • No residential uses shall be allowed on the Property. • The Buyer may use the Property as additional buffer for the adjoining parcel, for parking, and a delivery area for loading and unloading, and for no other purpose. • Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. • Buyer shall deposit with City the amount of Two Thousand Five Hundred Dollars ($2,500.00) upon execution of the Purchase Agreement. • Virginia Department of Transportation has conditioned that the proceeds must be deposited into a transportation-related project. • The Department of Public Works will deposit the proceeds from the sale of the Property into CIP 2-025: Witchduck Road — Phase II. 1 II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to Continue the Juvenile Sex Offender Treatment Program, to Authorize One Grant Funded FTE, and to Transfer Funds for a Local Match MEETING DATE: August 4, 2015 • Background: The Virginia Department of Criminal Justice Services (DCJS) has awarded the Virginia Beach Department of Human Services a federal Byrne Justice Assistance Grant (JAG) in FY 2015-16 to continue the Juvenile Sex Offender Treatment Program. The Program was initially funded by a Byrne JAG in FY 2013-14. This grant will enable the Virginia Beach Human Services Department to provide adequate mental health services to juvenile sex offenders to reduce the risk to the community of re- offense. This initiative will aid in building a collaborative and comprehensive continuum of care in conjunction with the Court Services Unit. The grant provides $46,875 in federal pass-through funds and requires a local match of $46,875. The total, including the match, is $93,750. This grant and match will pay for a full-time certified sex offender treatment therapist at the required MH/MR Clinician Ill level. O Considerations: Notification of these additional Federal pass-through funds was received subsequent to the City Council's approval of the FY 2015-16 Operating Budget. A local match of $46,875 will be provided within the adopted Department of Human Services FY 2015-16 Operating Budget. The attached ordinance provides the FTE authorized will be contingent upon continued grant funding. The grant period is from July 1, 2015 through June 30, 2016. • Public Information: Public information will be provided through the normal Council Agenda process. • Alternatives: Without these funds, this grant-funded position will not continue to be available to provide beneficial sex offender treatment services for youth in Virginia Beach. • Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval n� Submitting Department/Agency: Department of Human Services e-/ City Manager: , .. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO CONTINUE THE JUVENILE SEX OFFENDER 3 TREATMENT PROGRAM, TO AUTHORIZE ONE GRANT 4 FUNDED FTE, AND TO TRANSFER FUNDS FOR THE 5 LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $46,875 is hereby accepted from the Virginia Department of Criminal Justice 11 Services and appropriated, with estimated federal pass-through revenue increased 12 accordingly, to the FY 2015-16 Operating Budget of the Department of Human Services for 13 a Juvenile Sex Offender Treatment program; and 14 15 2. $46,875 is hereby transferred within the FY 2015-16 Operating Budget of the 16 Department of Human Services to provide the local match; and 17 18 3. One full-time grant-funded MH/MR Clinician III (1.0 FTE) is approved in the 19 FY 2015-16 Operating Budget for the Department of Human Services, provided, that this 20 position is conditioned upon continued grant funding. 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: udget and"!anagement Services City-Att y' Office CA13406 R-1 July 17, 2015 CZ • i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Purchase of Cardiac Monitor Upgrades MEETING DATE: August 4, 2015 • Background: The General Assembly established the Four-for-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code 46.2-694, the Four-for-Life collects four additional dollars on each state automobile license purchased annually. Twenty-five percent of these funds collected are returned to the municipality through the Rescue Squad Assistance Fund (RSAF) Grant Program for equipment and supplies intended to enhance rescue/medial capabilities. These funds are shared among volunteer rescue squads, career medics, and firefighters to increase medical proficiencies and to enhance training and equipment. This grant request is a collaborative effort between EMS Department and Fire Department. The grant provides $47,220.25 in state funding and requires a 50% local match of $47,220.25. The total of the grant and the match is $94,440.50. These funds will be used to purchase 11 cardiac monitor upgrades. These units are maintained and operated by the Fire Department. EMS Department is the licensed EMS agency for City of Virginia Beach and the Fire Department participates as a partner response agency within the same agency license. As the licensed EMS agency, EMS Department must be the applicant agency for this RSAF grant. • Considerations: The State Four for Life funds are strictly governed by state law and may be used to purchase additional or enhanced equipment or training needs. The funds may not be used to off-set or supplant current services. The funding for the local match totaling $47,220 is available in the General Fund Reserve for Contingencies. As of July 10, 2015, the balance in the General Fund Reserve for Contingencies is $1,273,692. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services�� City Manager. k 1 I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS FOR 3 THE PURCHASE OF CARDIAC MONITOR 4 UPGRADES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $47,220 is hereby accepted from the Virginia Department of Health, Office 10 of Emergency Medical Services, and appropriated, with estimated state revenues 11 increased accordingly, to the FY 2015-16 Operating Budget of the Department of 12 Emergency Medical Services (EMS) for the purchase of cardiac monitor upgrades; and 13 14 2) $47,220 is hereby transferred from the General Fund Reserve for 15 Contingencies to the FY 2015-16 Operating Budget of the Department of Emergency 16 Medical Services to provide the local grant match. 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: r ' /-------r ) mow` -�-�I V Budget and Management Services or - • fice CA13404 R-1 July 14, 2015 K. PLANNING 1. Applications in DISTRICT 7—PRINCESS ANNE of: a. PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard b. BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads: RECOMMENDATION: APPROVAL 2. Applications of WAVE CHURCH for Modification of Conditional Use Permits re installation of Modular Classroom Units at: a. 2665 Seaboard Road DISTRICT 7 - PRINCESS ANNE b. 1000 North Great Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re Auto Repair at 416 Davis Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION,INC. for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. EUROTECH SERVICE CENTER, LLC and THE BANK OF HAMPTON ROADS for a Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. AMEND Section 901 of the City Zoning Ordinance (CZO)to add Group Homes as a Conditional Use in the B-4 Mixed Use District. 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,August 4,2015 at 6:00 PM at which time the following applications will be heard: DISTRICT 7-PRINCESS ANNE BT HOLDINGS III, LLC Application: Conditional Change of Zoning,AG-1&AG-2 Agricultural to Conditional I-1 Industrial and Conditional Use Permit(Bulk Storage Yard). Southeast corner of Harpers Road & Dam Neck Road(part of GPIN 2405631630).. DISTRICT 7-PRINCESS ANNE PAUL S.BROWN FAMILY,LLC,Application: Chance of Zoning R-20 Residential District to I-1 Industrial District.Area to be rezoned consists of a 30-foot wide strip that runs parallel to the Southeast lot line of GPIN 2405332394 for a distance of approximately 800 feet. Proposed Use—Access roadway to Bulk Storage Yard. Comprehensive Plan —Special Economic Growth Area 3—South Oceans. DISTRICT 7-PRINCESS ANNE WAVE CHURCH Application:Modification of Conditions of a Conditional Use Permit for a Religious Use(church)approved on July 11,2006.Purpose of the request is to install a modular classroom unit. The property is located at 2665 Seaboard Road GPIN 2404606318). DISTRICT 5-LYNNHAVEN WAVE CHURCH Application Modification ,p1 Conditions of a Conditional Use Permit for a Religious Use(church) approved on October 14,2003.Purpose of the request is to install two modular classroom units behind building. The property is located at 1000 North Great Neck Road GPIN 2408137769). DISTRICT 2-KEMPSVILLE GARY COLLIER & DORIS GENEVA, LLC Application: Conditional Use Permit (Automobile Repair Garage),416 Davis Street (GPIN 1467485790). DISTRICT 7-PRINCESS ANNE OUTDOOR RESORTS OF VIRGINIA BEACHCONDOMINIUM ASSOCIATION INC.Application:Conditional Use Permit (Recreational Resort Community). 3665 S. Sandpiper Road (GPINs 24326431580001 through 24326431583250;24326431581000 through 24326431581004). CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE An Ordinance to Amend Section 901 of the City Zoning Ordinance to Add Group Homes as a Conditional Use in the B-4 Mixed Use District. DISTRICT 4-BAYSIDE EUROTECH SERVICE CENTER,LLC&THE BANK OF HAMPTON ROADS Application: Conditional Use Permit (Motor Vehicle Repair),207-209 Pennsylvania Avenue(GPIN 14678497610000). All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbaov.com/ PC For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: JULY 19&26,2015 fro `~ y li, qt CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (A) PAUL S. BROWN FAMILY, LLC (Applicant & Owner), Change of Zoning (R-20 Residential District to I-1 Industrial District). Area to be rezoned consists of a 30-foot wide strip that runs parallel to the southeast lot line of GPIN 2405332394 for a distance of approximately 800 feet. COUNCIL DISTRICT— PRINCESS ANNE. (B) BT HOLDINGS III, LLC (Applicant & Owner), Conditional Change of Zoning (AG-1 & AG-2 Agricultural to Conditional I-1 Industrial). Southeast corner of Harpers Road & Dam Neck Road (part of GPIN 2405631630). Conditional Use Permit (Bulk Storage Yard). Southeast corner of Harpers Road & Dam Neck Road (part of GPIN 2405631630). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: August 4, 2015 • Background: BT Holdings III, LLC is requesting a Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District, in conjunction with a Use Permit for a Bulk Storage Yard. The request to change the zoning to I-1 is necessary since Bulk Storage Yards are prohibited in the AG-1 and AG-2 Districts. Paul S. Brown Family, LLC is requesting a Change of Zoning for a 30-foot wide strip, currently zoned R-20 Residential, to I-1 Industrial. The strip will contain a drive that will run along the eastern lot line of the Brown Family's parcel until intersecting with Castleton Commerce Parkway. • Considerations: The concept plan submitted by B.T. Holdings depicts a 12.7-acre area that will be used for the storage of licensed and operable motor vehicles, recreational vehicles, boats, trailers, and storage containers. The storage yard will be secured and buffered as described in the attached report. Access to the site is proposed from London Bridge Road, via Castleton Commerce Way. A 30-foot ingress/egress easement on the property of Paul S. Brown Family, LLC, will be recorded along the southeastern property line. To allow the use of this 30-foot wide strip as access to the storage yard, it must be rezoned from R-20 Residential District to I-1 Industrial District. There will be two gates providing access to the facility. One will be located on the adjacent PAUL S. BROWN FAMILY, LLC AND B.T. HOLDINGS III, LLC Page 2 of 4 property near the entrance from Castleton Commerce Way. The second gate will be located on the access road at the property line to the subject parcel. The access gates and facility will be monitored by security cameras Further details, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. • Recommendations: ITEM A: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval to the City Council of the application of Paul S. Brown Family, LLC for a Change of Zoning to I-1 Light Industrial. There are no proffers associated with this application. ITEM B: The Planning Commission, passing a motion by a recorded vote of 11- 0, recommends approval to the City Council of the applications to the City Council as proffered and with the conditions below. PROFFERS PROFFER 1: When the Property is developed, it shall be developed into a bulk storage facility with heavy landscape buffers and limited access as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated 03/24/14, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4 • PAUL S. BROWN FAMILY, LLC AND B.T. HOLDINGS III, LLC Page 3 of 4 CONDITIONS FOR CONDITIONAL USE PERMIT (BULK STORAGE) 1. There shall be no access to the bulk storage yard from Dam Neck Road. Access to the site shall be solely from an ingress/egress easement to be recorded on the adjacent parcel (GPIN 24053323940000). 2. The bulk storage yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored other than in fully enclosed steel storage containers. The storage containers shall be a maximum of six (6) feet in height, eight (8) feet in width, and forty (40) feet in length. No storage containers shall be permitted to be stacked. They must be situated on the ground or any surface material at ground level. 4. No one shall be permitted to operate a generator at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No signage shall be permitted along the property line adjacent to Dam Neck Road. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map PAUL S. BROWN FAMILY, LLC AND B.T. HOLDINGS III, LLC Page 4 of 4 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme r 4 City Manager: Imo. . I I 1 PRINCESS ANNE BT Holdings,III,L.L.C. ID"a '-I0 Paul S. Brown Family, L.L.C. 1OCaana Nava Air Station N >75 dB L 'n June 10, 2015 Public Hearing _ z 2 A6, AG2 A61APPLICANT& PROPERTY R20 OWNER: (A) BT HOLDINGS R20 A�%4;2 !%x- 75 dB Ldn ..: 'A G %; AG1 III, L.L.C. •' ` ao12 y • i0-75 dBLdn R20 : {, (B) PAUL S. 'f44ci f -;77, BROWN FAMILY, •Zeal*,w c..r.u.h.....O,.sr..n..a.. A.Zoning Change from AG-VA 0-2 to 1-2 B.Zoning Change from R20 TO 1-1 A.CUP fora Bulk Storage Yard STAFF PLANNER: Kevin Kemp REQUESTS: GPINS: SITE SIZE: AICUZ: (A) BT Holdings III, LLC Change of Zoning(AG-1 and AG-2 Districts to 240563163 28.74 acres >75 dB DNL Conditional I-1 District) (part of) Conditional Use Permit (Bulk Storage Yard) (B) Paul S. Brown Family, LLC Change of Zoning(R-20 District to I-1 2405332394 1.094 acres 70-75 dB DNL Industrial District) ADDRESS/DESCRIPTION: Southeast Corner of Harpers Road & Dam Neck Road CITY COUNCIL DISTRICT: Princess Anne APPLICATION HISTORY: This application was deferred on July 9, 2014 and April 8, 2015 at the request of the applicant to address concerns raised by residents of the adjacent neighborhood. Planning Commission voted to defer this item again on May 13, 2015 to allow the applicant and Civic Association of the adjacent residential neighborhood to meet and discuss the neighborhood's opposition to the proposal. Over the past month, the applicant has worked with the Civic Association to revise the layout (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 1 of the proposed facility. It is Staff's understanding that the revised application is not opposed by the Civic Association. 4 0 BACKGROUND / DETAILS OF PROPOSAL (A) BT Holdings Ill, L.L.C. The applicant requests a Change of Zoning from AG-1 and AG-2 Agriculture Districts to Conditional I-1 Industrial District, in conjunction with a Use Permit for a bulk storage yard. The zoning change is necessary, because bulk storage yards are prohibited in the AG-1 and AG-2 Districts. The applicant intends to use 28.74 acres of the 162-acre parcel for the storage yard. The residual lot will remain zoned AG-1. The site is located in the Greater than 75 dB DNL AICUZ, and is in close proximity to Naval Air Station (NAS)Oceana; therefore, the site is subject to the restrictions set forth in Article 18 of the Zoning Ordinance. Article 18, "Special Regulations in Air Installations Compatible Use Zones"(AICUZ), was adopted on December 12, 2005, and identifies the following purpose and intent: "...to regulate, in a manner consistent with the rights of individual property owners and the requirements of military operations at Naval Air Station(NAS)Oceana, development of uses and structures that are incompatible with military operations; to sustain the economic health of the city and Hampton Roads Region; to protect and preserve the public health, safety and welfare from the adverse impacts associated with high levels of noise from flight operations at NAS Oceana and the potential for aircraft accidents associated with proximity to airport operations; and to maintain the overall quality of life of those who live, work and recreate in the City of Virginia Beach." The site is also subject to the use restrictions set forth in in Easement#420 B, recorded on October 23, 1981, after purchase from the property owner by the United States Department of the Navy. On May 12, 2014, the applicant received a letter from the Department of the Navy, Naval Air Station Oceana stating that the proposed bulk storage facility appears to be compliant with the language of the restrictive easement. The concept plan depicts an approximately 12.7-acre area that will be used for the storage of licensed and operable motor vehicles, recreational vehicles, boats, trailers, and storage containers. The storage containers will not exceed 8 feet in width by 40 feet in length and 6 feet height, as detailed in recommended condition number 3. The applicant notes that all boats will be stored on trailers and stacking of storage containers will not be permitted. The portion of the site that is being used for the storage yard is clear of significant vegetation. The existing mature vegetation on the site will remain and provide a visual buffer from the adjacent properties and the rights-of-way.An 8-foot high privacy fence will be installed along the southeastern boundary of the storage yard, closest to the adjacent residential neighborhood. The other sides of the storage yard will be enclosed by an 8-foot high chain-link fence. Additionally, a 15-foot earth berm will be installed between the storage yard and the closest residential neighborhood, Prince George Estates. The surface of the storage area will be crushed gravel. Access to the site is proposed from London Bridge Road, via Castleton Commerce Way. A 30-foot ingress/egress easement will be recorded along the southeastern property line of the adjacent parcel to the east. The portion of the adjacent parcel with the access easement will need to be rezoned from R-20 Residential District to I-1 Industrial District. This request is included in this agenda item. A"directional" sign will be installed at this gated access road and will include the contact information of the facali .-7r te, (A) BT HOL;L 1NGS Ill;'` L (B) PAUL S. BROWNFAMILY, LC Agenda Ite ' s.'2 Pb47e 2 I 1 1 1 I will be two gates providing access to the facility. One will be located on the adjacent property near the entrance from Castleton Commerce Way. The second gate will be located on the access road at the property line to the subject parcel. The access gates and facility will be monitored by security cameras. (B) Paul S. Brown Family, L.L.0 The applicant requests to change the zoning of a portion of the subject property from R-20 Residential District to I-1 Industrial District for the purpose of creating an access road to the proposed bulk storage yard on the adjacent parcel. The rezoning is necessary so that the access road is on a parcel that is the same Zoning District as the parcel it is providing access to. The proposed zoning change applies to a 30-foot wide strip of land located along the eastern property line, and is solely to provide access to the adjacent parcel to the north. The applicant will establish a private ingress/egress easement.The proposed rezoning and ingress/egress easement are necessary so that the bulk storage facility can be accessed from London Bridge Road, via Castleton Commerce Way. 4 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: both parcels are undeveloped fields and wooded area SURROUNDING LAND North: • Dam Neck Road USE AND ZONING: • Undeveloped land/AG-1 &AG-2 Agricultural District South: • Storage facility/ 1-2 Industrial District • Single-family homes/ R-20 Residential District East: • Harpers Road • Undeveloped land/ R-20 Residential District West: • Undeveloped land/AG-1 Agricultural District NATURAL RESOURCE AND Both sites have been primarily used for agricultural purposes. CULTURAL FEATURES: Portions of the sites are wooded. Both sites lie within the Southern Rivers Watershed. There do not appear to be any significant cultural features associated with either site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being within the Suburban Area, and more specifically, within Special Economic Growth Area 3(SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with military uses (pp. 3-5). The City supports development of and redevelopment of the SEGAs consistent with AICUZ provisions and the City's economic growth strategy. Special Economic Growth Area 3 is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road, between Holland Road and Corporate Landing Parkway. In the western part of this area there are considerable environmental constraints. Portions of this area are impacted by high noise zones, accidental potential zones, and Navy restrictive easements. (pp. 3-32) (A) BT HO NGS I11,. LC. rt (B) PAUL S. BROW hFAMILY, ILC Agenda Ite '-D2 Pa e3 1 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)I CAPITAL IMPROVEMENT PROGRAM (CIP): These sites are located at the intersection of Dam Neck Road and Harpers Road. In the vicinity of the sites, Dam Neck Road is a four-lane divided, access-controlled, major suburban arterial, with 165-foot right-of- way width. It is designated in the City's Master Transportation Plan as a six-lane roadway. Harpers Road is a two-lane collector with a 100 foot right-of-way width. A Capital Improvement Plan project(CIP#2- 178.025)for safety improvements at the intersection of Dam Neck Road and Harpers Road is currently under construction. Access to the proposed development is shown on the Conceptual Site Layout to be from a shared private roadway that accesses London Bridge Road at an existing traffic signal. In the vicinity of this access point, London Bridge Road is a four-lane minor suburban arterial with a 110-foot right-of-way width, which is also what is shown in the City's MTP. No CIP projects are planned for this portion of London Bridge Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 32,500 ADT '(Level of Service"C") Dam Neck Road 30,300 ADT 1 34,900 ADT 1 (Level of Service"D") Existing Land Use 2 37,100 ADT 1 (Level of Service"E") 20 ADT 6,200 ADT '(Level of Service"C") Proposed Land Use 3 Harpers Road 10,400 ADT 1 9,900 ADT 1 (Level of Service"D") 194 ADT 11,100 ADT 1 (Level of Service"E") 'Average Daily Trips 2 as defined by two single-family dwellings for 28.74 acres of Agricultural zoning 3as defined by 28.74 acres"General Heavy Industrial"Use WATER&SEWER: No City water and sewer connections are proposed; therefore, the proposed use has no anticipated impact on City water and sewer. 4 • EVALUATION AND RECOMMENDATION (A) BT Holdings III, L.L.C. Staff recommends approval of the requests for a Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit a bulk storage yard. The proposed use is consistent with the Comprehensive Plan's land use policies for the Special Economic Growth Area 3. Two specific policies that are relevant to this proposal are that the access to the site is not achieved from Dam Neck Road, and that measures are taken to mitigate the impact of the facility on the adjoining stable residential area. The proposed use is compatible with the land uses identified as being appropriate for these AICUZ in Article 18 of the Zoning Ordinance. The purpose of the AICUZ Overlay Ordinance is to regulate In.a (A) BT HOLDINGS III;: c.. ;N (B) PAUL S. BROWN'FAMILY,; 'LC Agenda IteiD2 Pae_4 i 11 I manner consistent with the property owners rights and the requirements of the military operations at NAS Oceana, uses and structures that are incompatible, while sustaining the economic health of the City and protect and preserve public health, safety and welfare from adverse impacts associated with high levels of noise from flight operations at NAS Oceana. The proposed storage yard is identified as a compatible use in Section 1804 (Table 1). In Staffs opinion, the use is consistent with the intent of the Ordinance, which restricts residential development and encourages development that is industrial in nature. Consistent with the policies of the Comprehensive Plan and with the AICUZ restrictions, the area in the vicinity of this site will likely continue to experience industrial growth in the future. The submitted site plan shows a design that is conscientious of existing site conditions; therefore, minimizing the impacts of the proposed development. The areas being used for storage are already cleared of any vegetation, and most of the existing mature vegetation on the site will remain. Section 228 of the Zoning Ordinance provides the standards to be applied to a Use Permit for a bulk storage yard; one of the standards is that the area be entirely enclosed by Category VI landscaping. Category VI landscaping consists of a six-foot high solid fence and Category I landscape plantings with a minimum five-foot wide planting bed. The screening shown on the submitted site plan surrounding the bulk storage yard includes a combination of an eight-foot privacy fence and eight-foot chain-link fence; however, as noted above, the proposed screening does not conform to the requirements of Category VI landscaping. The City Council, per Section 221 (i), may allow a deviation from this requirement"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that allowing a deviation of the landscaping requirements will not adversely impact the adjacent properties. It is Staffs opinion that proposed fencing, retention of the existing mature vegetation, the distance to the nearest residence and the 15-foot earth berm provide more than adequate screening and actually exceed the requirements of Section 228 of the Zoning Ordinance. Based on the considerations above, staff recommends approval of this request as proffered and with the conditions below. (B) Paul S. Brown Family, L.L.C. The applicant is requesting a Change of Zoning of a 30-foot wide strip of land from R-20 Residential District to I-1 Industrial District for the sole purpose of providing an access road to a proposed bulk storage yard on the adjacent parcel to the north. The proposed private roadway will allow commercial traffic to access the bulk storage yard from London Bridge Road, via Castleton Commerce Way. Providing an alternative access point other than from Dam Neck Road is desired based on safety concerns regarding the speed and traffic volume on Dam Neck Road. Based on the considerations above, staff recommends approval of this request. • e PROFFERS FOR CONDITIONAL REZONING (A) BT HOLDINGS III, L.L.C. 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. (A) BT HOLDINGS Ili;_. Lc (B) PAUL S. BROWI+ 'FAMILY, LC Agenda Iter` D2 Pa e.5 1 1 1 1 1 1 PROFFER 1: When the Property is developed, it shall be developed into a bulk storage facility with heavy landscape buffers and limited access as shown on the exhibit entitled"CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated 03/24/14, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia beach Department of Planning (hereinafter"Site Plan"). PROFFER 2: Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the proffer agreement dated March 31, 2014 and found it to be legally sufficient and in acceptable legal form. 4 • CONDITIONS FOR USE PERMIT (B) BT HOLDINGS III, L.L.C. 1. There shall be no access to the bulk storage yard from Dam Neck Road. Access to the site shall be solely from an ingress/egress easement to be recorded on the adjacent parcel (GPIN 24053323940000). 2. The bulk storage yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable(the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored other than in fully enclosed steel storage containers. The storage containers shall be a maximum of six(6)feet in height, eight(8)feet in width, and forty(40)feet in length. No storage containers shall be permitted to be stacked. They must be situated on the ground or any surface material at ground level. 4. No one shall be permitted to operate a generator at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lightuig:and ., -�* „...- j.)-. J f (A) BT HOL VGS NI,%tc. . (B) PAUL S. BROW�1'FAMILY,,, `LC Agenda Iter ,D2 Pa 6 glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 6. No signage shall be permitted along the property line adjacent to Dam Neck Road. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the 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 Use Permit or Change of Zoning 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. (A) BT HOL IES Ill, (B) PAUL S. BROWNAMILY, :LC Agenda Ite' 2 , Pa 7 11 yelll ^ o , IR ,,, v r , L.p ,, 4 i i • �/ < . :// , if . ,t G J %), r r Q J w twit, __its ,�ttHU91tiAi4 \\ . e CO 4 ,' :.it, o ' L Z i' ''t` ` ' \ \' -. _ � . 0 E••• \ ~ 1 i, z ♦ " %.?int 1,4 i,i 5 S U \ :..i` `.. e' ryLf! 3f m i ti'; .t, N • �. ;t� ti ' a. \ r AERIAL OF SITE LOCATION 21, (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC `" Agenda Item D2 Page 8 ',a f—Z—.. +yA k r e 1 .6 U w : is �g L ¢ / p lig ��y ti E :t• IT ?, \\,,,. iirj \ I Q ii i A...•-•:-....- -:, - i -~' _ F'� 2 Ifilk y II Lei , v fr 11, o r j v � Is rit T- i n7^ IJ � � m J?, r `,N-rwrii t s, M. -:. g r : . _ m i ',, c o- \\ - ' ` L . .L �--- ,� <fy it/ g.1 ''' [g 7[10 I k I iig'pl O ` s def;I �� r m $YiaE� _ 0Ii ,>y LJ 0 t xk Ill I 9 Q n 0 re-+ O« I F<).(- 0 c-e) il � — z o `) ! s �. N U 8 / I I a t W d P W a) I l'1ill (-4 R - i 1 w LI z MI i1 ly r - l z a, o0 > PROPOSED SITE PLAN (Proffer 1) Ld_ (A) BT HOLDINGS III, LLC '-( (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 1< Page 9 k. IN �y 1 0 ! r gd £ i ' 1 if ,.,. . k0- i k 0- , ...--7 til , NI* Isr.1 r Y o r i' 8 g, A. '''. 0 N (nJfON...-zpu goo 9g "$" 0 dN9:5.oF z ~ �� C m v z z ler ..., .s s. I) Ilii -4 'A ti'l, x 1 t- .-, IPTM as �� J ,a0 l`g 156' : , . ". P INP',�I (1� a 1� SITE LAYOUT DETAILS (Proffer 1) (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 10 SEE SHEET 3 OF 3 FOR NOTES&CURVE TABLE LOCATION OF BT HOLDINGS STORAGE ---�,I YARD N/F / BT HOLDINGS 6,LLC S511r34-E (INSTR.0 20091116001319440) 30.24' PARCEL D (1NSTR.g 20091023001239560) J�' OPIN: 2405-63-1630 / s / in k J I N/F PAUL S. BROM FAA..Y.L.LC. (INSTR i 20070719000978300) N/F PARCEL 421-A BARBER SELF STORAGE.LLC (IKSTR./200504280061311) (RISTR PARCELI 10808001 83780) OPIN: 2405-33-2394 (INSTR.O 20060111000062490) GPIN:2405-42-2762 PORTION TO BE ;Ally REZONED TO 1-1 _.....> DENOTES PRIVATE 30' tr ^ g,, // / INGRESS/EGRESS EASEMENT / HEREBY ESTABLISHED g g AREA=47,674 SF OR 1.094 AC. f" p N 1. A' R i UATCHLINE - SEE SHEET 1 OF 3 't,NITH OF. i. EXHIBIT 'A' SHOWING PRIVATE 30'INGRESS/EGRESS EASEMENT .S'6 • HEREBY ESTABLISHED ON v PARCEL 421—A `-JSFRE't J. NERREIHER�' (OPIN: 2405-33-2394)(INSTRUMENT i 200504280063311 Lk. No. 2306 MARCH 2, 2015 D3-02-15 VIRGINIA BEACH. NRGINIA ( Q. MSA, P-C- aND SUR' -''o a:.. - Ina•nrrnmNinva.•Kan sax•w,+ !eye ■lh of/. t n„I C 1-m t.ncrr.1'N" •LrJ.yr.+r r.:ar pril( �( •ptl R.iu.t On.a\'ig;nu gtuF.,%A:iao; . D B5 AW442M 1nk17h7Ka4c�.tr�W lF.sI al JOB/ 14040 91EEh 2 CF 3 �c. ..m.,a :. -SCALE: 1'-100' PAUL S. BROWN FAMILY, L.L.C. SITE SURVEY (showing area to be rezoned) (A) BT HOLDINGS III, LLC l.,µ (B) PAUL S. BROWN FAMILY, LLC >1,1 Agenda Item D2 --, Page 11 t SEE SHEET 3 Cf 3 FOR NOTES &CURVE TABLE MATCHLINE - SEE SHEET 2 OF 3 1 DENOTES PRIVATE 30' r0��/ 410r• MGRESS/EGRESS EASEMENT g HEREBY ESTABLISHED oo c• y� AREA=47,674 SF OR 1.094 AC ^ 4 sti, C w 4- ( \J PORTION TO BE � ti T��y� REZONED TO I-1 J y'F ' V o t 4u N/f - X55 i i S ti PAUL S BROWN FAMILY, L L C _ (INSTR..20070719000978300) _ Qu I3 0 PARCEL 421-A � ` (INSTR 1 200504280063311) E"!.a "S 0PIN: 7405-33-2394 11') m z z N57'38481, 25.91' N4327'01.1 0,4571,RON Gi RDt N2218'46.E 3.04_— .--• WAY(P,SYYAlE) 30 58' S221e'46'W_ �_/-H67 3B 4$W —.15.00' � .---- e) r C4 =3W^ POINT OF BEGINNING 6''��.` L-298.92'=�-r'--- n 1 R-640.78'_ -�'r I VAR #DIH PR/YAJT va I NIT I [+IL7P£.S3/r s'sS EA•SZVENT X"f ! ROSS PROPERTIES.LLC /IN$IAL4/fll7� (INSTR#20120717000797980)PARCEL C N/Fa/7 7/22/GOJ I (INSTR.# 20071025001445110) DAVID L. WINFREE& SPIN: 2405-22-9481 TERESA L. W1NfREE (MSIR/20110706000676000) N/F ( PARCEL D • I BARBER SELffSTORAGE. LLC (INSTR..20071025001445110) S' (MSIR./20130515000559270) GAIN. 2405-32-7256 PARCEL 8 I (MSTR/20071025001445110) I GAN. 2405-22-7566 N 54'59'55-W 1481 OP' LONDON BR/DGS"ROAD (VARIABLE'R/W) (MB 209, PC 4-7) �ta„.TH Op EXHIBIT'A' _ /,P SHOYANG PRIVATE 30'INGRESS/EGRESS EASEMENT j C HEREBY ESTABLISHED ON 41101"111111116M4. P CEL 1-A )((GPM. 2405-33-2394)(MSTRUM2EN 9 20050428006331 U EFLk. J.VIERRETNER3' MARCH 2. 2015 L c. No. 2306 VRGINIA BEACH,VIRGINIA 03-02-15 MSA, P.C. �1"o sucr4c--LOQ I n.1win-IT i tn.-o•riaTnp•5111,)11 EYP6 • . c I A i-n -:rt: ripAInV IaKl..'i . '.. Eye h DY?4 BY: CJS _ 1.'- '~ /GL till 1 JOBO 14040 SHEET: 1 OF 3 `'` . L . SCALE: 1'.100' PAUL S. BROWN FAMILY, L.L.C. SITE SURVEY (showing area to be rezoned) r� (A) BT HOLDINGS III, LLC •/0 ,' (B) PAUL S. BROWN FAMILY, LLC 4 Agenda Item D2 Page 12 A •+ 11110° NOTES 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THEREFORE MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT THE PROPERTY AS SHOWN. PROPERTY IS SUBJECT TO RIGHTS-CF-WAY,EASEMENTS.COVENANTS AND MI.MA110IS OF PUBLIC RECORDS. 2. THE INTENT CI THIS EXHIBIT IS TO SHOW A PRIVATE 30 INGRESS/EGRESS EASEMENT ACROSS PARCEL 421-A AND SHOULD NOT BE CONSIDERED A BOUNDARY SURVEY OR SUBDIVISION CF LAND. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 577.43' 63.98' 32.03' 63.95 581.34'09"E 6'20'56" C2 602.43' 394.04' 204.36' 387.05' S59'39'241 3728'33" C3 640.78' 298.92' 152.23' 296.21' 554'16'58"E 26'43'40" s' C4 5736.97' 4.09' 2.05' 4.09' N67'40'01"W 0'02'27' yy `ry N/F r PAUL S. BROWN FAMILY,I.L.C. c&4-g (INSTR./20070719000978300) ��4y�l'� PARCEL 421-A tt y g,_ (INSTR.,200504280063311) GRIN: 2405-33-2394 $� >1 YAR St9IN PR/YAIE v% AVESSACRES5 GIS71£701+COMIIMX £,42 1ENTNI/ lY�r �� 200709060012210.10)s1 r36'1s"w l 25.00-!_ CZ-94.04 _ _` ZS it v R=577. 43' C2 R=6._.02-443 I L=63.98' . �� ‘...a. N86'34'11"W + I 41.71' •• N/F 0 GV GTE SOUTH INCORPORATED j N o , 4 N 3452842.5488 (08 2341,PG 266) •o t GRIN: 2405-22-4831 u r U)I E 12202 .4269 g$I m 52 ry a.`' N/F I N 7�J 7oi I d ,5 H&T COLLISION CENTER,INC �r3-- ' i LO p0E (INSTR.,20131118001349500) o a$N _ st, PARCEL A °" (INSTR.,20071025001445110) ; Z • GRIN: 2405-22-5742 14 i N3458'S4'E a S55T)1'06"E R=471.75' R=471.75' 4.51' • 150.57' •L=75.6Y L=75.59' N 5459'55"W 481.08' N CITY OF VIRGINIA BEACH LQ%VDLW BR/DGE ROAD L5682''15"E (DB 2518,PG 2118) (PAR/ABL(R.AV) 56.82' (INSTR./196607088084442) (MB 209, PG 4-7) IN • 3452852.6446 MN:2405-22-2871 E 12702175.5230 PONT OF ��TH op COMMENCEMENT EXHIBIT'A' 1, SHOWING PRIVATE 30'INGRESS/EGRESS EASEMENT O - c HEREBY ESTABLISHED ON 7- p. PARCEL 421-A (GRIN: 2405-33-2394)(INSTRUMENT.#063240151)4 280063311 JEFFREY J.NERRETHER " MARCH 2, 2015 Lic. No. 2306 VIRGINIA BEACH,VIRGINIA 03-02-15 MSA., P_C. (9H0 SURVEyo� F vimmaiml So *.•Plen.g•. Coil&Fnv*Mmrnrel Errpp•Ix��prtic�'ve :Ti$:...-. .:-__5033 Roux Orn*.Virginia 6*o6,VA462 •OWN BY: CJS A757.490.0264(Ok)757-49fI- JOBS 14040 SHEET: 3 OF 3 www,mmonlme corn SCALE: 1"•'100' PAUL S. BROWN FAMILY, L.L.C. SITE SURVEY � ` 11�Ifi•4G (A) BT HOLDINGS III, LLC ',;��,' (B) PAUL S. BROWN FAMILY, LLC x'41 Agenda Item D2 Page 13 ..l'i? 1 �S OF u'R vN A 04:4-elA " I U<I :•-••• YF Z 7 y 4 1 l (lzW : p ti g tjt ; /Sin 7 :;,. $ i _, U ` f 3 s c .%\ � � N z � .w .- - W EF 11 1 g _. Ntb,ftI I-- zQin°'- pf 2°-"9:1g6, 5-, Z Ir< Vc . gt ..,,,,..:4, , tn 1 �. k 6 if „ 1 r M1 "t r tfi.l N� 22 56 PG • _ R5" 55)(MB -1.. DEPARTMENT OF THE NAVY RESTRICTIVE EASEMENT -rt1A.Bp1 '� 41 f- (A) BT HOLDINGS III, LLC '_; (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 14 i` K, . ., ti ` I.—�w \ ' ,. ti "'Ji �. . , 1 /r , • • • i.! ix • ri ' ^'. III \ „`1^' % „...' -TitN , R , +4ri } wr � t, 14 ...- ::. 111 I �..a . ‘ i , V ,J ! .yyp r.a • Mia., li ! r •� - "__;" ,'� fri 1 iii, { p r • ti i II-" J I __ '` - 1 NAS OCFANA / - I' I. .p wwuo. _...5.'. 3 < Viii . t -- '-11_. f ;t _.` li ... ..r _ i• ` >-__ I. ,,,.47i. ee s , L....1..... y / t '� as, UM ter A�.. 4 r •,.. ! LEGEND I �- +} o ACCIDENT POTENTIAL NOISE LEVELS + • r r SUBJECT SITE4,, ZONES �, ■ >. c.a.Van PS Ofit t, , • j l . \\_� `, 0 n� 4s i ..,K.,..... • oworx #'vsJ• ,\ O Q e6 TO OW P :I • __ :. ,• h fr rt'r•._ j I Ant cw*4.46 Ow Li AI'WON Curd. t'wc.'G•1 'µ mattormsmorto 0041,420110..SY• r. .r. t },, \ Mallory Installation?t• Wool* As 'r . I\ Clara O Aaspace Body Nbi<OW __.-_- Roadway Tadnnor 46.4.1 AICUZ MAP (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 15 PRINCESS ANNE BT Holdings, III, L.L.C. Map Jo10 Paul S. Brown Family, L.L.C. Oceana Naval Air Station / >75;t/B L 1 n 1 _ 12 AG�* AG2 AGI — _ R20 -�_ re---_--------_ _ �.; �� _ - ---- _ _ ,K 1 -��=-' !_l-ii „;--, R2 '.��, /. -1: % - 75 dBLdo p� R .` AG2 �.,�� 0 0 • 1/; R20 AG1 ',� �A �]D �� 12* �� 4. R20 1. \c 4. 0 C'r ,� JO-75 dB Ldn * P�-r�� Illtillg.,,,,,,, �~°o Opp �. 01 .11S WroVI Till �`'lry `1` r. 1!SO:A �• Von®ea •Zoning with Conditions,Proffers,Open Space Promotion A. Zoning Change from AG-1/AG-2 to I-.e B. Zoning Change from R20 TO 1-1 A. CUP for a Bulk Storage Yard ZONING HISTORY # DATE REQUEST ACTION 1 03/22/2011 Conditional Use Permit(Borrow Pit) Approved 2 12/11/2007 Modification of Rezoning approved on 05/23/2006 Approved 10/10/2006 Modification of Rezoning approved on 02/22/2005 Approved 05/23/2006 Change of Zoning (R-20 to 1-2) Approved 02/22/2005 Change of Zoning (AG-1 to 1-1) Approved 02/22/2005 Conditional Use Permit(Bulk Storage) Approved 3 08/08/2000 Conditional Use Permit (Line of Sight Relay Device) Approved 02/11/1997 Conditional Use Permit(Cellular Tower) Approved 4 08/27/1996 Change of Zoning (AG-2 to I-1) Denied 06/22/1987 Change of Zoning (AG-2 to 1-1) Approved 06/22/1987 Conditional Use Permit (Bulk Storage) Approved 5 06/22/1987 Change of Zoning (R-3 to I-1) Approved +r .i 1Ps.}3F% 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 Compliance,Special Investment Program Nonconforming Use 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 El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or [TOR CITY USE ONLY/Ali disclosures must be updated two t21 weela prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the appIaat ontst • APPLICANT NOTIFIED OF HEARING DATE {I O NO CHANGES AS OF 047E D REVISIONS SUBMITTED DATE BT HOLDINGS III, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 17 I 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) BT Holdings Ill, LLC: Barbara T.Creech,Managing Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 0 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 i 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 Viroinia law. BT HOLDINGS III, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 18 d ° 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) ri 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 n x(ipurchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) 111ConstructionContractors XnEngineers/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. BT HOLDINGS III, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 19 i I iiI Virginia Beach Financing(include current ❑ o mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services Sykes, Bourdon, Ahern & Levy,PC Real Estate Brokers/Agents for O ® 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 O 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 me ting of any public body or committee in connection with this Application. I / IC �cc�bara�l Cate 516/1 PPLICANT'S SIGNATURE PRINT NAME DAfff)E AWL/A-4,-4-4:7— C6/I PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 nffirialc whn matt unto nn the annliratinn as to whether they have a conflict BT HOLDINGS III, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 20 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. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/Au drstlosuoes must he updated two(2)weeks poor to any Page 1 of 4 Plannnp Commission and City Council meeting that pertains to the applcatlon(s). o APPLICANT NOTIFIED OF HEARING DATE O NO CHANGES AS OF DATE Q REVISIONS SUBMITTED DATE PAUL S. BROWN FAMILY, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 21 ri s 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) Paul S.Brown Family,LLC:R.Edward Bourdon,Jr,Manager;Paul S.Bourdon, Manager;Howard R.Sykes,Jr.,Trustee of the Betty B.Bourdon Trust (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Avvlicant. 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. PAUL S. BROWN FAMILY, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 22 "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 liii)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) Alk Accounting and/or preparer of your tax return 0 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 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. PAUL S. BROWN FAMILY, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 23 *OA Financing(include current ❑ �j mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IN ❑ Legal Services Sykes,Bourdon,Ahern&Levy,P.C. ❑ ® Real Estate Brokers/Agents for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ 1 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 mee'•• .• public body or committee in connection with this Application. R.Edward Bourdon,Jr.,Manager 5/iz/,3-- NT'S SIGNATURE PRINT NAME DATE90v,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. PAUL S. BROWN FAMILY, L.L.C. DISCLOSURE STATEMENT (A) BT HOLDINGS III, LLC (B) PAUL S. BROWN FAMILY, LLC Agenda Item D2 Page 24 I I I Item#D2 BT Holdings III, L.L.C. Paul S. Brown Family, L.L.C. Conditional Change of Zoning Southeast Corner of Harpers Road&Dam Neck Road District 7 Princess Anne June 10,2015 REGULAR Jeff Hodgson: Mr. Russo,will you please call the next item? Phil Russo: Mr.Chairman,our next application is an application of BT Holdings III, L.L.C.for a Conditional Change of Zoning from AG-2 Agricultural to Conditional I-1 Industrial and a Conditional Use Permit for a Bulk Storage Yard on property located on the southeast corner of Harpers Road and Dam Neck Road, District 7, Princess Anne,and an application of Paul S. Brown Family, L.LC.,for a Change of Zoning from R-20 Residential to I-1 Industrial on property that consists of a 30-foot wide strip with an approximate length of 800 feet, District 7,Princess Anne. Eddie Bourdon: Thank you Mr. Russo. Mr.Chairman,and members of the Commission. For the record,my name is Eddie Bourdon. I am a Virginia Beach attorney,and I am here representing the two applicants on the two applications. BT Holdings,the principals are Ms. Barbara Creech,and also her son is a member,as Taylor Creech. Barbara is here this afternoon,along with Bob Miller,who is the civil engineer on the project. Barbara Creech,as most of you know,is a life-long resident of the City of Virginia Beach. Like all of us who were here at the Commission's public hearing last month,she listened intently to the residents of Prince George Estates, and their concerns,their complaints,and allegations,which were essentially addressed against many aspects of the operations of businesses in the Barber Commerce Center or operations by Mr. Barber of a very-lightly conditioned outside storage area,which directly abuts a handful of homes in Prince George Estates. Barbara was certainly sympathetic to the resident's complaints,and understanding of their emotional assertions and pleas. We all appreciate the Commission's decision to defer this for us last month,and my client has used the time to further discuss her business with representatives of the community. We also appreciate very much those members of the community,who have been willing to discuss the application with us,and most importantly,to recognize that Barbara Creech and Taylor Creech are not in any way,in business with Mr. Barber,and they have absolutely nothing to do with the operation of his commerce park. Before I talk about the changes,Stephen can you put the aerial up there that shows everything all the way out to London Bridge Road? I'm sorry I should have asked for that to start with. Alright,well,you all may have seen last month,the Barber storage facility here,and the businesses,and actually this is a outdated picture.There are now more buildings over here on the west side of the property. And this is the storage yard of the storage facility that Mr. Cole,and I can't think of the other fellow who built this storage facility adjacent,but there two existing storage yards that I wanted to make sure you all recognize,and testimony last month was that the community has no objections,or concerns whatsoever with the storage yard that exists next to their neighborhood right here. That was a response to a question,from last month's hearing if my memory serves me. Since last month's hearing as,you all heard this morning,if you can put the plans back up there,we've made substantial changes to what was originally proposed or what was proposed last month. The primary one being,well I guess we'll get it up here. Alright,last month,the storage area included all of this area here,the triangle back here, and this berm was actually, if I recall correctly,was shifted a little bit,and there was a little area of storage located there as well.So,since last month,there we go (referring to finally being projected on wall),this was what was previously proposed. Now,we've eliminated anything here, moved this over adjacent to the road,and we've totally eliminated this triangle in the back. Now we consolidated the two areas to the west. We've also added an eight-foot solid privacy fence that will commence here,at the entrance to the Creech property, run along the road,and come out,and go outside of the 15-foot vegetated berm,and then continue to run all the way up to the north,ending here. Then,we have an eight-foot fence going around the rest of it that is chain-link because it is not visible since it is in the woods. I I II Item#D2 BT Holdings Ill, L.L.C. Paul S. Brown Family, L.L.C. Page 2 We've got a complete evergreen hedge added here(eastern side),and on the outside of that fence. We've agreed to sprig with evergreen seedlings this entire,almost two acres of land,directly behind the residences of the north end of Prince George's Estates. And allow that to totally reforest,and fill in what previously was forested area. Those changes are substantial,and, I think,recognize the concerns from the residents. I am also repeating the conditions that were voluntarily agreed to,and are set forth in your staff evaluation,which will all be stringently enforced. First is that the Bulk Storage Yard shall be used for the storage of licensed,and operable motor vehicles,cars,recreational vehicles,buses,trucks,trailers,boats,and trailered jet skis.This storage yard will not be an outdoor contractor's storage yard. No equipment shall be stored,other than fully enclosed, locked, steel storage containers,which cannot be more than six-feet in height. No stacking of those containers can occur by condition,and the fences are eight feet tall. No one can see those storage containers from outside the fence. No one shall be permitted to operate a generator on the property at any time. No utilities will be provided to the site. No electrical hook-ups and nowhere to plug-in. No other utilities whatsoever.There will be lighting that is depicted on the plan,and meets the"Dark Sky"requirement for lighting;so it is not going to spill over,and it certainly won't be anything that is going to be seen in the community. The gated access,restricted with key pad entry,we've added a second one,which actually made a lot of sense.We've got a gated entry here.This area is completely enclosed,and completely secured,as well as the original gated entry,which is all the way down at the entrance to the driveway that goes across my family's property.We don't want anybody going back there unless they are going there. They are not even going to come down this road unless they are coming back to the storage yard,but they have to gain access through gates at both entry points along the road. That was added since last month. No one dropping off or picking up any stored vehicle or items may not do so after 10:00 pm at night or prior to 6:00 am in the morning.This facility will be completely closed and locked down from 10:00 pm and 6:00 am. No person shall be permitted to reside at this outdoor storage yard,which multiple speakers last month asserted occurs in the Barber Commerce Center. No business activities are permitted to take place on this site. No repairing of anything. No selling of anything. And,again,there are no utilities provided whatsoever,and there are no generators permitted to be operated anywhere inside this storage yard. Contracts with Barber Commerce Center,where a score of businesses operate in 11 very large buildings,hundreds of thousands of square feet that cannot on a 24/7 basis. Not saying that the Taylor Family nor the Creech Family,both well respected families that have contributed a great deal to our community for well over a century,and certainly not Ms.Barbara Creech have ever operated any business or maintained any property that was"low end garbage"or a"junkyard,"as one speaker last month asserted that this storage yard would be or could be. We all know,we all know,that cannot nor will it occur under any circumstances in this case,with this storage yard as conditioned with the Use Permit. This proposal is in Special Economic Growth Area#3,SEGA#3,South Oceana. It is in our highest noise zone,very close to NAS Oceana,and a runway. It is encumbered by both very restricted Zoning Ordinance provisions adopted after BRAC,and it is encumbered by additional restrictive covenants,taken by the U.S. Navy by condemnation,that further restrict usage of this property. This land essentially can only be used for industrial production manufacturing and storage usage. Compared to the industrial uses that were in place,or under construction directly adjacent to Prince George Estates,when their homes were being developed,this restricted storage use will be close to ten times farther away from many of these homes, behind a vastly more extensive buffer,with a combination of forest,privacy fencing,evergreen hedge,and a 15-foot vegetated buffer.It will be much more tightly restricted with conditions than the two existing storage yards directly adjacent,and 30 feet from the back of about nine houses in Prince George Estates,and to borrow from Pastor Williams,who I can't shake a stick at, he is magnificent, Barbara Creech has clearly exhibited readines,and commitment to reasonable and equitable compromise,and that is clearly reflected in the modification that you have before you. As was the case last month,and is the case today, your staff clearly recognizes consistency of this request with the clear and specific provisions in our Comprehensive Land Use Plan for this area. We respectfully request that you affirm the professional staff's recommendation,and approve this proposal as proffered,and as conditioned. I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr.Bourdon? I have one. Stephen,can you go back to the slide before Item#D2 BT Holdings III, L.L.C. Paul S. Brown Family, L.L.C. Page 3 that,that one there. (The site plan from May meeting). The row of trees that is separating the two parcels. You have the road going through it on his plan. I noticed on the new one you took that round of trees out. Did you do that to basically makeup for the space that you lose by getting rid of that triangle next to the neighborhood. Eddie Bourdon: It is still a little bit less,but it is to maintain the area the same land area for storage. What will happen in all likelihood,is that this area here(the area closest to Dam Neck Road),may not be developed initially,and we had talked about the idea,and talked to a couple of the residents,who we met with about the possibility of taking this out,and then maybe coming back later,and discussing. We were better off just to stay out of there(the row of trees),and if we need to expand this is the area we would expand. So, it is not anticipated that we will take this out to begin with,but if there is need for it,then this is the only area that would be used to expand. We will not come back over in this area. Jeff Hodgson: Okay. Thank you. Is there anybody else? Thank you sir. Eddie Bourdon: Thank you all. Phil Russo: Our first speaker in opposition is Mike Jarrad. Mike Jarrad: Mike Jarrad. I was sitting for three hours. Sorry(referring to his delay to the podium). Home Owners Association President, Prince George Estates. We've done our best today to make sure we don't repeat ourselves from May. A lot of the things,that Mr. Bourdon already mentioned.We have met with the applicant,and the attorney. Good conversations. Nice people. If someone had mentioned before that deferring was a bad thing,there was some great conversations there,and a lot of the stuff you now see were suggestions that we had. Other things were turned down during the conversations. One was the berm along the entire property facing towards the neighborhood. Our goal is really to get to that 14 feet,because most RVs can be at that 14-foot mark. Access from Dam Neck only,and that was a no,due to cost. We see the property across the street. They came in and wanted that access road to cut straight across. We still feel that can be an option. Hours of operation? Someone had mentioned no Sundays. Obviously,they said no to that right away because that's part of their business,but we still feel like that can be something that is tangible. Hours of operation?7:00 am to 9:00 pm. That is what we looked for,because of the big RVs coming in or out. The adjacent storage is 6:00 am to 9:00 pm. I don't really know why the applicant has to go to 10:00 pm. No gravel, but paved was obviously,no. Landscaping?Professionally done.We think it is going to be originally installed professionally,but we are not sure how well it is going to be maintained. We mentioned random drug checks,dog visits. They were kind of unsure on that,but they do want to make sure that their property is controlled. One of the neighborhood people mentioned,and I don't think we discussed it,but it was a Conditional Permit for only a year or two years,to kind of feel it out and see how it goes. The chain-link fence? I was unaware of that one. I don't know where it came into the discussion, but from November to March,as you drive down Dam Neck Road,you could see my house through the woods. I just want to make you all aware of that. The trees are high enough that you can see right through;so, now we're going to have a chain link fence there. Our mission is still to effectively influence you to preserve and protect the family- friendly atmosphere of our community from the industrial encroachment that may jeopardize the health, safety,and welfare of our residents. I pulled a few items off the Virginia Beach government website. It says under the Environmental tab,"Virginia Beach is dedicated to preserving our natural environment and both to improve the quality of life for our residents today, and benefit of future generations. City initiatives for the environment are focused on protecting our unique resources and assisting residents in being better stewards of the resources." I would agree. Why is the preservation of our homes and our neighborhood important? Any city's success and vitality depends on its homes and neighborhoods. Vibrant neighborhoods and well maintained homes are a key part of the high quality of life. We are a high-end neighborhood,and since almost all of the land in Virginia Beach is already developed,preserving our existing housing stock is very important to the city remaining"A Community for a Lifetime." With half of the city's Item#D2 BT Holdings III, L.L.C. Paul S. Brown Family, L.L.C. Page 4 existing housing units more than 25 years old,we must maintain and preserve our homes and our neighborhoods.Vibrant neighborhoods,well maintained homes are a key part of our mission. Help everyone enjoy a better quality of life. As a homeowner,you play an important role in making this happen. The American Planning Association gave an award to the Comprehensive Plan,and in it,it says it is used to guide growth to protect neighborhoods,improve our economy,help manage our limited resources,and ultimately, advance the overall quality of life for our citizens. In closing,we know industrial zoning adjacent to a residential neighborhood causes quality of life issues for residents. We also know that an industrial facility adjacent to a neighborhood will generate increased complaints to the City Enforcement of current zoning law and proposed restrictions is difficult and time consuming,and leads to further degradation of our residents' quality of life. Based on the factual information available,we believe rezoning Agricultural to Industrial is not supported by the Virginia Beach Master Plan. It is incompatible with residential neighborhoods,and will cause additional quality of life issues. My personal and final thoughts? Let's kind of address these vehicles are going to be left, so our traffic prediction originally should be double. Number 2,when our property was developed,why did the applicant not have the builder install buffers and follow the process that we have been following? Number 3, how our emergency services going to access the property? Number 4,as we just watched a property at the front of the Barber self-storage,that was going to be a vet office; so, it was approved,and then it was taken back over by Barber,which is big worry in the neighborhood. Number 5, residential living is not compatible with industrial applications. Thank you. Jeff Hodgson: Are there any questions for Mr.Jarrad? Thank you. Phil Russo: Our next speaker is Greg Butler. Greg Butler: Good afternoon. I'm Greg Butler. Thank you for your time. Our family home is two houses removed from the boundary of the proposed open storage lot,and 50 percent of our windows have a full unencumbered view of the area to be developed,again,open storage. I spent 26 years in the Marine Corps. and during this time,we were often restricted in our training opportunities due to the presence of protected species,and other natural resources. Specifically,the presence of certain animals,trees,and plants often had a significant impact on our ability to prepare for success on the battlefield. To the point,the co-use or co- location of national security training in the"homes"of protected animals and plant,didn't make sense,wasn't compatible,and was not allowed. So similarly,the direct co-locations of industrial businesses and private homes does not appear to me to make sense or be compatible. The current co-location of the Barber storage units to Prince George Estates has resulted in 14 criminal cases,and that is off the website,public website. Neighbors are reporting that items are being thrown into their yards,and there is frequent disruptive noises caused by the racing of cars within the parking storage area there,four-wheelers, portable generators,and boats. The previous approval to allow the co-location of industrial businesses near private homes is viewed, as unfortunate in my opinion,as a homeowner. I think allowing further expansion along a second boundary of Princes George Estates,just doesn't seem to make sense. In the balance is,the quality of life of the families within the community. It will be caused by noise,and the visual impact of the proposed storage facility.Also, in the balance is our full and free ability to enjoy our homes,our physical and psychological welfare,and most importantly,our safety. According to Virginia Code, it is illegal to make unreasonable loud or ruckus noise within 200 feet of any school,place of worship,court,hospital, nursing home,or assisted living facility. The common denominator of all of these protected facilities are the humans that occupy them, just like the humans that occupy the homes in Prince George Estates. I ask that we be afforded similar consideration and protection,and that you disapprove this application. Unless there are any questions,that completes my opposition. Jeff Hodgson: Are there any questions for Mr. Butler? Thank you sir. Thank you for your service to our country. Phil Russo: Our next speaker is Scarlett Jarrad. I ili Item#D2 BT Holdings III, L.L.C. Paul S. Brown Family, L.L.C. Page 5 Scarlett Jarrad: Good afternoon. I really only to came up to do one thing, but one of our members from our Board had to leave since the meeting was running long so,he did ask me to say on behalf of him, if that is okay. It was Rory Zach;so, he should have been the next speaker or coming up soon,fi that is okay, I would like to do that.So,the first thing that I was going to do was to let you know we do have a petition that I don't know if we got to you last time or not. So, I was wondering if I could give that to you so you can look over it. We have close to 600 signatures,basically just opposing. Jeff Hodgson: You can pass that around. Scarlett Jarrad: The only other thing that I wanted to say is to let you know that we appreciate their willingness to try and compromise with us. They didn't have to do that,but we still feel that it is basically not compatible with residential living. So,that is really all that I had. I will,however,go ahead and read what Rory had prepared. At at the end of the day,the Planning Commission is deciding whether property zoned for industrial use should be adjacent to a residential area. Regardless of whom the applicants are,or how long they've owned the property in question,or how long they or their families have been in Virginia Beach,the Planning Commission must decide if these two vastly different zoning uses are compatible. Residents of our neighborhood can tell you from first-person experience that a vehicle storage facility adversely affects their quality of life on a daily basis. Ms. Creech may have the best of intentions, but regardless of who owns or operates the facility or restrictions placed on the operation of the facility,there is no reason to expect that the existing negative quality of life issues will not continue,and worsen,for more residents of Prince George Estates. Having worked for county government for 33 years, in my home state,and retiring as a department director,and having served as an elected official in my own hometown, I can tell you from my experiences that I would vote to not approve a rezoning application such as this. I ask the Planning Commission to deny this rezoning request. Thank you. Thanks for both of us. Are there any questions? Jeff Hodgson: Does anyone have any questions? Thank you. Scarlett Jarrad: Thank you. Phil Russo: Our next speaker is Tracey Little. Tracey Little: Good afternoon. Jeff Hodgson: Hello. Tracey Little: My name is Tracey Little, and I spoke last time,and I am not going to try to be redundant, but I am going to read what I prepared. I am a resident of Prince George Estates. The rear portion of my property is 250 feet long and is adjacent to the proposed rezoning. That whole triangle bit right there,that is 250 feet of my property. Only a portion of it was proposed to be touched. I am opposed to any rezoning of the current land from Agricultural to any type of industrial, not any other type of business or whatever,but right now Industrial. If you all approve this rezoning,there is no way to know how this will impact the quality of our life, as well as our property values some years down the line. My guess that in the long run,it will have a negative impact on our neighborhood, in a variety of ways,as already has been evidenced,by the issues that we've had. By approving this now,you will be sealing our fate due to precedent set for zoning the entire area to Industrial. If this must be rezoned, please reconsider whether alternative types of zoning would be better suited to be in close proximity to our neighborhood. Industrial adjacent to residential is not compatible. This ditch,this is a ditch (pointing at map),when it rains like it did last week,it fills up almost to capacity and full. That ditch runs all the way down this proposed area where they are talking about taking trees down. What are they going to do with that? I just Item#D2 BT Holdings III, L.L.C. Paul S. Brown Family, L.L.C. Page 6 wanted to bring that to your attention. Also,on the front part of the property of the Barbers,originally we were under the impression that was going to be a vet clinic. Somehow,that didn't happen. When we had a meeting with member of the Planning Department, he told us he didn't know that they changed that either. What kind of confidence does that give us in our neighborhood that they are going to do what they say? My final point is that,and you've heard it a thousand times, if this was going to be in your backyard,and it would impact you at some point in your future,what would you do about it? I would guess that you would come together,and would fight until you couldn't fight any more against it. Thank you. Jeff Hodgson: Thank you. Are there any questions for Ms. Little? Thanks! Phil Russo: That's all the speakers since Rory Zach is not present. Jeff Hodgson:Mr. Bourdon. Eddie Bourdon: Thank you. I thank those members of the community who came down,and certainly respect the respectful nature of the comments. Mike Jarrad mentioned something,and I am not sure what he meant. When he talked about this berming the entire neighborhood, I am quite confident that Ms. Creech intends to either plant evergreens or berm this entire line of the neighborhood going all the way down the rest of her property. This piece,when we met,I understood that might they want us to leave this berm,and turn this into a forested buffer. There is no aversion on our part to putting a berm along here if that is what they want. That was not something that I had any knowledge of. We'll discuss that further. The dogs,the drug checks,those things will all happen. We are certainly not going to allow any drugs to be stored in any containers on the property. Emergency vehicle access is provided through the keypad just as it is with all other storage facilities in the City of Virginia Beach. There is a shared boundary with the neighborhood, here and here; however, it is entirely forested or will be with the conditions.There is not going to be anything put in this entire area,and storage will take place more than 250 feet away from anybody's house behind all the berming,the landscaping etc.,etc.,whereas currently,the entire western boundary of the neighborhood,and I think it is around 15 to 16 houses,directly abut storage yards and storage facilities that do not have anywhere near the level of conditions that exist with this application. Mr. Butler referenced the provision in the Zoning Ordinance saying, not being within 200 feet of other uses,and again,this use is more than 250 feet away from anybody else's home. The question about,and I just know this from conversations that we've had,the building being built on the Barber facility on London Bridge Road was approved with the original rezoning. Someone did come in to do a veterinary clinic,and apparently that deal fell through, but that doesn't prohibit them from building anything. It was something that was approved back before this neighborhood was ever developed to begin with. Unfortunately,and I told you it is a nice neighborhood,they bought adjacent to all the existing Industrial Zoning that is there that is right on their doorstep,and we could get into some things, about what could be done to improve that circumstance,and I think staff will help with that as well. This project,however, is not at their doorstep. This is significantly further away. We have no issue. We are very happy. Anybody wants to come out and take a look and monitor the situation on this property, Barbara is not in any way afraid. Barbara Creech is not in any way afraid of making sure that all those conditions are stridently enforced,and is not in any way looking to get by,or get away,with anything. We have no issue with this facility being monitored.The City can come out and take a look anytime they want. I'll be happy to answer any questions anybody has. Jeff Hodgson: Are there any questions for Mr. Bourdon? Mr. Brockwell. Ross Brockwell: Did you know about that ditch? Does it drain that property? Eddie Bourdon: Mr. Brockwell,the ditch,when we do the site plan for this,any drainage is going to have be handled. There are two major drainage ways,one on the western side,which drains a substantial portion of NAS I II Item#D2 BT Holdings III, L.L.C. Paul S. Brown Family, L.L.C. Page 7 Oceana,and the one that the Taylor family has created,along with Mr. Barber,which is substantial,if you have been out there to see it. My understanding is that the water,and Mr. Miller is the best one to answer for that, but the water will most likely be directed into the existing drainage system that goes into a large regional BMP on the south side of London Bridge Road. It is a very substantial drainage structure that was engineered, I believe,Bob,correct me if I am wrong,to serve all of this property when it was originally engineered. I'm getting a yes from that.So,all of the drainage will be handled through that existing drainage system that was put in,which is directly adjacent to the access road that is on our property. And that access road,a portion of it, is a dedicated easement for the maintenance of that drainage system. Ross Brockwell: Does it drain down that road. Is it a public easement? Eddie Bourdon: No. It is on the Taylor family property. It is not public water. It is private. They have their own BMP. It has all been engineered,but the water will have to be captured and redirected. And that will be a part of site plan review. Jeff Hodgson: Mr. Ripley. Ronald Ripley: Just a quick question. Do you know the acreage in this area here that you removed right in this area? Eddie Bourdon: Mr. Miller? Ronald Ripley:Approximately,what that is? Eddie Bourdon: Given the area, I did calculate it, here was just slightly under two acres, like 84 or almost like 85,000 square feet. I would just eyeball,it and say it is probably 3.5 to 4 acres. Three acres Bob says-more like three. Ronald Ripley: Okay. Thanks. Jeff Hodgson: Ms.Kwasny. Karen Kwasny: Were the hours discussed at all with the residents, because I understood with a couple of them coming up,that they were concerned about the hours of operation? Eddie Bourdon: We had very,with both Mikes,very cordial and nice discussion about pretty much everything other than the berm situation,or maybe we miscommunicated or we didn't hear accurately,because we have no issue with berming the back of any of those properties. The problem with the hours is that the nature of the facility, and what, I think,we all would want to see there, is for vehicles, including work vehicles that people that have panel trucks that they cannot park in the neighborhood,and have them park there. They have to be able to get in to get their vehicle in order to get to work to make their deliveries during the business day.So, it is not as if between 6:00 am and 7:00 am,there are going to be 100 people coming here,nor between 9:00 pm and 10:00 pm are there going to be 100 people.The likelihood is you're talking about, even if it is extremely successful,six,eight, or ten vehicles during that period of time. The business has to be able to function and operate or you wind up putting things out there that we really don't want if we can avoid it. We want to use as much of it as possible for vehicles-and school buses. That's another thing. I got a call a few years ago. Can we put a couple of school buses on your farm, because you can't park them in the neighborhood?And the school system had some issue with their parking lot up on Potters Road/First Colonial Road. We didn't do it, but there are issues where you can park buses,and so; again,people,and I am not saying there will be school buses here, but I wouldn't be at all Item#D2 BT Holdings III, L.L.C. Paul S. Brown Family, L.L.C. Page 8 surprised if there aren't some school buses that wind up getting parked up here. That's the kind of thing. They have to have the ability to get there.Of course,they will be in there long before 10:00 pm at night,but 6:00 am in the morning,they would need to be able to get in in order to get the buses. Karen Kwasny: I have one additional question. The berm you just started to discuss,would that be in addition to the seedling planting? Eddie Bourdon: I look forward to talking to Mike about it. There has been a willingness to put a berm along here and a berm along the entire eastern boundary of the property. Obviously,that has nothing to do with this application, but looking forward to someday,it makes perfectly good sense for that to happen. And that is not a problem. Barbara has every intention,whether there is a berm or not,to plant evergreens there soon;so, by the time that something does come forward on this property, hopefully,that will all be matured, and there will be a substantial buffer from day one as opposed to waiting for it to grow. The access to all of this dirt pile that is here, Mr. Barber has advised us that he is more than willing to give that dirt for berming anywhere we want to put it. Karen Kwasny: For providing the berm now is what you're saying? Eddie Bourdon: Right. If that is something that they are desirous to seeing,we will be able to work that part out. I have no concerns whatsoever about that. We kind of got the impression that they didn't want the berm.That is a discussion we can have absolutely have. Jeff Hodgson: Ms. Rucinski? Jan Rucinski: I have a question about those ditches flooding and the drainage and water. If that berm is put around those two sides of the property, is that a possibility of creating stormwater runoff or some kind of flooding within their neighborhood? Eddie Bourdon: No.Their drainage isn't draining into the farm. No ma'am. Jan Rucinski: Okay. So that is not going to block. Eddie Bourdon: But we would certainly want to be very cognizant of any modifications to the grade on their lots that may have happen subsequent to them buying the property.We don't want to get into the situation where someone is accusing us of causing a drainage problem. And what would probably wind up happening is we would create some type of drainage swale between the berm and the back of the property. But that is not unusual to do. It would not be a 15-foot berm either. We are talking about it being a smaller berm with trees planted on it, if that is what their preference is. Jan Rucinski: Okay. Thank you. David Weiner: I got one question. How is the open space going to be maintained? Eddie Bourdon:That is going to be left to grow into a forest. David Weiner: Is there an easement? Eddie Bourdon: We're agreeing as a condition of this application that is right on this plan,that this area will be sprigged and allowed to grow naturally into a forested buffer. That is right there. Approving this application with that plan,which is in your conditions,does just that,because,and again, Michael correct me, but we were told at I I ill Item#D2 BT Holdings III,L.L.C. Paul S. Brown Family, L.L.C. Page 9 the meeting that the Association didn't have the resources or the desire to have ownership of this. They have a large park out at the entrance to the community on London Bridge Road they have to maintain,and that is a burden enough for the Association. So,it may, I think we all agree,make more sense just to allow it to become,with help,to become an additional forested buffer,which vastly exceeds anything that the Zoning Ordinance would require, in terms of,a buffer between industrial use and a residential use. Jeff Hodgson: Are there any other questions for Mr. Bourdon? Mike Inman: I haven't located the condition that he is talking about as far as the berm. Eddie Bourdon: Isn't there a condition we have in accordance with the submitted plan? Mike Inman: Where is it? Eddie Bourdon: Maybe it is a proffer. Better yet. Better yet,it is Proffer 1. My bad. Mike Inman: Proffer 1. Eddie Bourdon: I'm sorry. It didn't need to be a condition, because it was in the proffers. Proffer 1 states the property would be developed substantially in accordance with conceptual site layout,and that is it. I'm sorry. Jeff Hodgson: Are there any other questions? Alright. Thank you. Eddie Bourdon: Thank you. Jeff Hodgson: Alright,we will now close the public hearing,and open it up for discussion amongst the Commissioners. Would anybody like to start off? Mike Inman: I'll go. Jeff Hodgson: Mr. Inman. Mike Inman: I think the applicant has made great strides since the last meeting. The last meeting we had issues that we just couldn't seem to get past on either side,and we deferred,so they could have these discussions. They have had discussions. I think it has yielded good results for the neighborhood. I emphasize the 250-foot distance now between the actual use of the property.The active use of the property is going to be a fairly good distance away,almost the length of a football field away,from any of the houses. I don't think the applicant deserves to be painted with the"Oscar Barber" brush. I think that we have to look at the highest and best use of this property. I think the applicant is entitled to have that,and with the proffers,that is very tight as far as what can be done with the property. Even if she was to sell the property, it would still have these proffers recorded in the deed records. I think the impact on the neighborhood has severely decreased,significantly decreased. I would be supportive of the application. Jeff Hodgson: Is there anyone else? Mr. Ripley. Ronald Ripley: I made this analogy, I guess from last time,and that is we have always uses,such as houses that are built next to uses that conflict with each other,and schools are good examples. We see that often in here. In this case,it is industrial. You have an industrial facility that is located next to, unfortunately, right next to a residential neighborhood. I think last month, I would have had a hard time. I was having a real hard time with this Item#02 BT Holdings III,L.L.C. Paul S.Brown Family,L.L.C. Page 10 one,but I think the applicant has gone back,and provided enough buffer that the use he is asking for is, although it is not ideal,it is compatible with what is out there in an industrial manner. If the buffer was not there,I probably wouldn't think this way,but I do believe that he has worked pretty hard to get this in pretty good shape,and I'm inclined to support it. Jeff Hodgson: Is there anyone else?Would anyone like to make a motion? Mike Inman: I move to approve. Jeff Hodgson: A motion made by Commissioner Inman. Ronald Ripley I'll second it. Jeff Hodgson: A second by Commissioner Ripley. Mr.Weeden? AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of BT Holdings and Paul S. Brown Family,L.L.C. Jeff Hodgson: Is there any other business to discuss? If not, on behalf of my fellow Commissioners, I would like to thank everyone for attending today's meeting,and I would like to thank the Planning Director and his staff for the work on preparing today's agenda. The meeting is adjourned. AM i • • ` N ! 13 Clo) . 6 N 03 P114 < ( o H � aim' t r• E < $10 It* .. ..k AO 1 2 c cos t1/ 1 40 V/ <''. to U 42 dot I ct.., ejaipetjAWL'(. 2 .s. a , 11:$ , . a 4 VirMill°1. - ' U C = N �t IIIII EMMI C4 111114 ., 6\4_ :•* a A tr , O ` { — I ° � G a),s, , = ,,,.... a • ` 4, cit -1/4., J _ `�� N N II OC L �� Q N I♦�iII Q cn j a ' 0" I. —_��.i <.'r_ k G? CN CU 41s? 3 ..c:"_.-- W • Z CV Z u / ; D _0 v \. ci 4 y O , a- --LI 0 ' , Wiii liti oU / -( c y z '4 , ' —ti5—. d ri r�i/ N ` nt v �� • • • ( •• / •,,-'-.\ ' .7,1 C- 1000.0101-7. - , \ v. fOC 1 ,_, • %....- \. 76 ••opma4 II\ 1'vag/iiii1V11141.1A 0' INT. V* 17... iS • • 11 LI'\) %.0 • 4.4', (3 • As 0 • I( 13 Nei E II I'l • j (0 Ctit , 1414 k.. •%. As ; 4.1 < ,111. ict A 411?: , / p,„ = , \\ • .„. . • N 41 6 • -, \ ik.a inco . 0 , • . • air .., ;.11 < • (.9 • 0:', •-- (.) 1:1:111 • 4,4,440 \\ .1! 0) • a : (1) V 0 a 114::::to mowil * r N , * 0 = 4Cc4 0 Pt, * I: (..9 4 E2 •-•.„ • ir I _ • * / * e 'ms0 111 7 , . NGZG' e _ ... •42 Ce a 4, 2, '-' 0 • o . . a ci, C3 • .r. , = • I • : , 0 ILI • ' A 400 ..i' i I i 7-----1 1 Z ', 0 0 , At* -IS -2_. N9 1 4 (r •• L N e 1 i In • Oi ° I 0 .... 10 i nri r? . -6—*-- c 111 0(53 4 ' - ' 7/ , , 0 (..) u vimit .52 • - =:,, • 46 . , \ 14 -2 ..K. o, N , • I 1 1 1 8c:.,:.:0;istitig,„.,<t) ,... 141,. '45./.- ti, ��,z CITY OF VIRGINIA BEACH *t '" �v INTER-OFFICE CORRESPONDENCE e., er c,'-,W:5" ? y94 �s ? �� tV 475:-':Z s.;u OF OUR NPT,°N 0 In Reply Refer To Our File No. DF-8981 DATE: July 24, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; BT Holdings Ill, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 4, 2015. I have reviewed the subject proffer agreement, dated March 31, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen II BT HOLDINGS III, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of March, 2014, by and between BT HOLDINGS III, LLC, a Virginia limited liability company,party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 28.74 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from the AG-1 Agricultural District, AG-2 Agricultural District and the R-2o Residential District to the I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2405-63-1630 (Part of) Prepared by: R.Edward Bourdon,Jr.,Esquire VSB #22160 Sykes, Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 PREPARED BY: 413 SYKPS.POIRDON. ARERN&LEVY.P.C. 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed into a bulk storage facility with heavy landscape buffers and limited access as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated 03/24/14, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of - Planning(hereinafter"Site Plan"). 2. Outside bulk storage in the areas designated on the Site Plan shall be the only PREPARED BY: Q ; SYKLS BOURDON, use permitted on the Property without an amendment to these proffers. PM AHERN&LEVY.P.C. 2 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-i, AG-2, R-2o and I-i Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate PREPARED BY: a:SUPS.BOURDON. action, suit, or proceeding; • AII[RN&LEVY.P.C. 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: aul SYLIS.B$OURDON, AA{kN&LEVY,P.C. 4 WITNESS the following signature and seal: Grantor: BT Holdings III, LLC, a Virginia limited liability company By: r---+...-(`-« L.e�y/ ( s.ce c�.,IL, (SEAL) Barbara T. Creech, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 1st day of April, 2014, by Barbara T. Creech, Managing Member of BT Holdings III, LLC, a Virginia limited liability company, Grantor. j--yul\ki -)-/)/76-(1,14,67 Notary Public My Commission Expires: August 31, 2014 �•••.. Notary Registration Number: 192628 . • 4C ham ,, • CC rafts S144%11"1811Pbpuse.T" PREPARED BY: aEl SYKES.POURDON. Wil MRN&LEVY.P.C. 5 EXHIBIT "A" METES AND BOUNDS DESCRIPTION PROPOSED CREECH OUTSIDE STORAGE Beginning at the southeast intersection of Harpers Road, a variable width public right-of- way, and Dam Neck Road, a variable width public right-of-way; thence along the right-of-way line of Dam Neck Road N 82°5o'43" E a distance of 34.71 feet to a point; thence N 84°41'4o" E a distance of 1716.46 feet to a point; thence departing Dam Neck Road along a proposed rezoning line between the proposed Conditional I-1 zoning area (subject zoning area) and the existing AG-2 zoning area of Parcel D (GPIN: 2405-63-1630) S 16°o5'41" E a distance of 1349.75 feet to a point; thence along a common property line between Prince George Estates and the subject zoning area N 67°41'5o" W a distance of 676.44 feet to a point; thence S 06°50'39" W a distance of 59.28'to a point; thence S 09°37'35" E a distance of 127.05 feet to a point; thence along a common property line between GPIN: 2405-42-2762 and the subject zoning area N 51°18'56" W a distance of 246.92 feet to a point; thence along a common property line between Parcel 421-A (GPIN: 2405-33-2394) and the subject zoning area N 51°15'13" W a distance of 1250.66 feet to a point on the easterly right-of-way line of Harpers Road; thence along a curve to the left having a radius of 313.11 feet, an arc length of 202.55 feet, a chord bearing of N 33°36'34" E, and a chord distance of 199.01 feet, to the point of beginning. Said parcel contains 1,251,848 square feet or 28.74 acres. GPIN: 2405-63-1630 (Part of) H:\AM\Conditional Rezoning\BT Holdings III\Proffer_clean 3-19-15.doc PREPARED BY: 013 SYKES. BOURDON. MI AH RN&LEVY.P.C. 6 I 1 [ ick....... ro wi'`. 4SS 1 .... 4 .m pgsl ti`` " rA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAVE CHURCH [Applicant & Owner], Modification of Conditions of a Conditional Use Permit for a Religious Use (church) approved on July 11, 2006. 2665 Seaboard Road (GPIN 2404606318). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: August 4, 2015 • Background: On July 11, 2006, Wave Church was granted a Conditional Use Permit for a religious use (church) on the subject site. Condition 1 requires that the site be developed in substantial conformance with the approved plans. • Considerations: The plans approved with the 2006 Use Permit consisted of a multi-phase development that would occur over time. To date, the development consists of a building located at the rear of the parcel, which contains the church. The applicant is in need of additional classroom space, but not to the degree that another phase of the development plan needs to be implemented. The applicant proposes use of a 24'x60' modular classroom unit, which necessitates modification of the Use Permit. Further details pertaining to the applicant's proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit, granted by the City Council on July 11, 2006, shall remain in effect. 2. The 24' x 60' modular structure shall be located on the site as depicted on the plan entitled, "Location of Proposed 24'x60' Modular Structure for Classrooms (Wave Church — Seaboard)." 1 ii Wave Church —Seaboard Road Page 2 of 2 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 4. The portable classroom structure is considered temporary and shall be permitted on this site for not more than five years from the date of City Council approval and shall only be located as depicted on the submitted plan. Continued use of the structure after five years shall require a new modification of the Conditional Use Permit. 5. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. ■ 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.44, i City Manager: k 7: 6Y.'sk PRINCESS ANNE Ili ,1,ua2,13 Wave Church 6 B2 Y, '� R20* 0; July 8, 2015 Public Hearing 'd -..*:4i• , ,7 ;;, '' -'" APPLICANT & PROPERTY �� OWNER: 2 �� WAVE CHURCH AG1 • e/1//� (SEABOARD ROAD) Are d � l / 7-. 0 �, Y c •z..i.I.M c.....~«..Oyw Sryq/q.mb. Modification of Conditions (Modular Classroom) STAFF PLANNER: Stephen J.White REQUEST: Modification of a Conditional Use Permit for a religious facility(church)approved by the City Council on July 11, 2006(modification will allow placement of one modular classroom behind building) ADDRESS/DESCRIPTION: 2655 Seaboard Road GPINS: ELECTION SITE SIZE: AICUZ: 24046063180000 and DISTRICT: Total Site Area 31 acres Less than 65 dB 24046063180001 PRINCESS ANNE Modular Unit Area 1,440 SF DNL • • BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit permitting a religious use(church)was approved by the City Council on July 11, 2006. The Conditional Use Permit has 11 conditions. Condition 1 requires that the site be developed in substantial conformance with the approved plans. The applicant has a need for additional classroom space, and accordingly, is requesting modification of the Use Permit to allow a modular classroom unit to be placed adjacent to the existing building. Details The site plans conditioned with the 2006 Use Permit provided for development of the church in phases. The first building on the site was constructed in 2012 toward the rear of the property. An access road runs approximately 950 feet from Seaboard Road directly to the church building. The parking area is located in the front(northeast)side of the building and stormwater management pond is located on the rear (southwest) side of the building. A black aluminum picket fence surrounds the pond. The northwest side WAVE CHURCH (Seaboard Road) Agenda Item 6 Page 1 of the building is adjacent to a fenced outdoor children's play area. A sidewalk wraps around the building, providing access to all of the doors, the playground area, and a terrace located at the rear of the building. The portable modular classroom unit has a floor area of 1,440 square feet(SF), with an overall size of 24 feet by 60 feet(24' x 60'). The proposed location for the unit is at the northwestern end of the stormwater management pond, with the 60-foot side facing the pond. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Church building and cultivated fields SURROUNDING LAND North: • Cultivated Fields/AG-1 and AG-2 Agricultural Districts USE AND ZONING: South: • Borrow Pit /AG-1 and AG-2 Agricultural Districts East: • Rural Residential/AG-1 and AG-2 Agricultural Districts West: • Cultivated Fields/AG-1 and AG-2 Agricultural Districts COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Transition Area. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north. Rather, they enable a more limited type of development, with its own development standards suitable to the character of the Transition Area, where greater integration of natural resources and more open space is planned to respect and protect the unique natural character of the area and to enable a true transition into the Rural Area to the south (pp. 4-4, 4-5). • IMPACT ON CITY SERVICES There will be no impact on City services as a result of the placement of a modular classroom trailer on the site. 4 • EVALUATION AND RECOMMENDATION The location selected for the proposed modular unit is, in Staffs opinion, the best alternative for this property in its current state of development. The site is located in the Transition Area, and while this proposal is atypical of the type of development to which the Transition Area Design Guidelines are oriented, the issue of appearance is important. The following, from page 17 of the Guidelines, while intended for a full development, notes the importance of the view from adjacent roadways: WAVE CHURCH (Se oard ' ,a ,, `.aAgenda It 6 Pa 2 • d k _ Development should be screened with substantial setbacks with landscaping berms, trees, buffers, and trails. In this case, due to the location of the church on the site, visibility is already limited, and when the church and site were developed, a vegetated berm was installed around the southern and eastern sides of the church. The portable classroom trailer will have a very low visibility from Seaboard Road due to its location behind the building and play area. To reduce the starkness of the modular unit, foundation landscape plantings should be installed around the base; Staff has recommended a condition below to that affect. Staff recommends approval of this requested modification, as conditioned below. • 0 CONDITIONS 1. All conditions attached to the Conditional Use Permit, granted by the City Council on July 11, 2006, shall remain in effect. 2. The 24' x 60' modular structure shall be located on the site as depicted on the plan entitled, "Location of Proposed 24'x60' Modular Structure for Classrooms (Wave Church—Seaboard)." 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 4. The portable classroom structure is considered temporary and shall be permitted on this site for not more than five years from the date of City Council approval and shall only be located as depicted on the submitted plan. Continued use of the structure after five years shall require a new modification of the Conditional Use Permit. 5. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. 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. A b {? L A _, r . eoyl WAVE CHURCH (Se "ioard R me, `',Agenda It. 6 Pa 3 fir ,� 4--4 s • _ 4,4 ...... f:-.5.,, • i 111111 _ ij, r, iii=- 76 Ns / OW Wir— 1 " aire— ' ----Lair .1A, \ ',,,_, _ ' *r i, As It -- -1-111 /A • asa , 111114— ' ---4111111 I AA z ".k _ __ _ • , 1 77 .\. - „,_- • _ a 00 f h. f- p- .... , z , En 0 1 . , et b 4. -,-, 0' - 0 i 0 40 0 CO ' I , . ..•,„,4.,,. ..,„‘.., -. .., , . .-...4 , . I ,.. J . ...- ....e , , .. \ 1 4' '5 P .. .... i A , •",, k I Ntft, Iiim . _,.., AERIAL OF SITE LOCATION . „ ......... _ WAVE CHURCH (Seaboard Road) '4p0 Agenda Item 6 1'0 Page 4 i - L CO 0 . �. , �,rrr ,' .....:.:_-..........e._..�. -a-- O r'.v[- rO 41: ci . ,..: t e ''ri a .ii ...! •...•,,....„.vi,::' ' r --- . y ,: i 4, a1r i ) ; , .. , , , , ,,.....ti. 1 . Ji, 1 .1.L44, /21.' ; • jj ♦A fY ..,. L �jf1 ! ',,,....p :y> flys ' SA ! #j ,,'.77.3r 7t1'' j �� PROPOSED LOCATION FOR UNIT , WAVE CHURCH (Seaboard Road) •t,.1 ��o Agenda Item 6 `' . Page 5 ;; , diummiliiiiiiii vi E 0 40 L 1 to IXrt, -0 N U O -o o _o a1 to N ._..__ C 0 N N ', 0_ D i . O U d i t.) rl 7 \ L O cn - ti c L U 0 a 3 . D t 9 ? _ ,tN60.- ; 0 3 b l 1_. I I I I II I I I I I I I ` I ' CON y 4 LL 0 I L' , z ai , e o 7-.4z a r� 0., s ' �, ': s ; - -1 o __.. -- It a 7: CD • W �� v Z SON Ep.:1,1 'b if,II /'y � � __-� 1 it H� 8H 0 • 1 ,(..4.. r 3# 1.• F l• ; z a- ......„..„_____-/j iii, :k.1'39,2 N 'C..✓ " . % 5 —-fY30 4331 l44W rtinzwrin ,=MLL+nr.J%l2'A. 13 C-C Alp AN ..i Li-le. ,, 9 9 % N/f .D LAND CORPORATION N 2403-69-2546 8. 2310. P. 104 SITE PLAN SHOWING LOCATION OF PROPOSED STRUCTURE WAVE CHURCH (Seaboard Road) P ' Agenda Item 6 Page 6 ='' j II 111 6 smolt UMW t 411.111P _ 4, inn „L. ' . . PROPOSED MODULAR CLASSROOM UNIT __T%-11•11/6vB,P„A-,-."41.41 .r.-1 WAVE CHURCH (Seaboard Road) Agenda Item 6 Page 7 ,1 I I i i I I 4.....tAr4' 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 Seach 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 Economk Development Nonconforming Compliance,Special Investment Program Changes Use 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 __--- rte distiostAres contained in this form are necessaty to inform who may \foie ott the a.taitlicatit,tt s to whet h -c• qt -y tv3.1"o a conflict of interest tinder Virginia.!aw SECTION I /APPLICANT DISCLOSURE D Check here if the APPLirANT 13 NOT a corporation, partnership, firm, business,or other unincorporated organization, Er Check here if the APPLOCART 113 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) 0 fAPPLICANT NOTIFIED OF HEARING , WO L x NO CHANCES AS OF DA1 a 1 1 tir 1,1/15 0 REVISIONS SUBMITTED DAIL DISCLOSURE STATEMENT WAVE CHURCH (Seaboard Road) Agenda Item 6 Page 8 II other unincorporated organization,AND THEN.complete the following. (A) List the Applicant's name followed by the names of all officers,directors: members,trustees, partners,etc.below: (Attach list If necessary) h"Avt Cflu14c11 ,�o H k,i :'Ef S i-4 kf. ,i ; .i-t-y ,_ n.112:12 M ft .r 13) List the businesses that have a parent-subsidiary 1 or affiliated business entity B relationship with the Applicant:(Attach list if necessary) itlQ'i'� cllii_l R 5 LE:Etkt.f*G- L 1;Ef. VE PAP t t 5 hf 1Fr L f WAVE �JL-t it 5_-k.L.EAt See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Sectlats 2 anktersitgazimalauliffirmarimaltiliga C] Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. l Check here if the PROPERTY OWNER iS a corporation,partnership,firm, business,or other unincorporated organization,ANILMEN.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) k F`= 1 Y,,.<fi is.; y t� r ,t LP,I }lt x �'•1 , • T ti !7r lig; List the businesses that have a parent-subsIdiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach fist If necessary) £ 414• _ £_:'ttf I I ,r The disclosures contained in this fore sr necessary to inform pupils Pace of 4 oflria'.s who may:rote cr,the apol'Catio'a ±:P.V:i'2°l'E` hey have a c£1rfiici DISCLOSURE STATEMENT WAVE CHURCH (Seaboard Road) Agenda Item 6 Page 9 WAVE PL.if,)L_I let. Vtr ? EtavE Jk11u5g1- ht "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,(li)a controlling owner in one entity is also a controlling owner in the other entity,or OM 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. SECTION 3° SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of thg application or anv 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 J PROVIDER(rue additional sheets it needed) ❑ t, Accounting and/or preparer of your tax return ❑ Er 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) O [5/ Construction Contractors ® Er I Engineers/Surveyors The discic sures contained in this form are necessary to inform public Page 3 of 4 officials w no may vote on the application as to whether they have a conflict of Interest .i neer Virginia!awe. DISCLOSURE STATEMENT WAVE CHURCH (Seaboard Road) Agenda Item 6 Page 10 x a Financing(include current ❑ mortgage holders and lenders LJ selected or being considered to provide financing for acquisition ,{� or construction of the property) • !:J Legal Services ,.,( Real Estate Brokers/Agents for • jYl 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 tw' eeks prior to the Planning Commission, Council, VBDA meeting, or meeti'• o an •iic •.d or committee in connection with this Application. 1011uc[ locker G/3/i5 A•• `ANT'S ' / PRINT NAME DATE Aigh Allir � Jeshuct Kiel.tr 41g/15 PROPER OWNERS SIGNATURE PRINT NAME DATE �I The dlscioswes contained In this form are necessary to Inform public Page 4 of 4 ofsicia s who may vote on the application as to whether they have a confllcc of±nce est ender Virginia lair. DISCLOSURE STATEMENT WAVE CHURCH (Seaboard Road) Agenda Item 6 Page 11 Item#6 Wave Church Modification of Conditions 2655 Seaboard Road District 7 Princess Anne July 8, 2015 CONSENT An application of Wave Church for a Modification of a Conditional Use Permit for a religious facility (church) approved by the City Council on July 11, 2006(modification will allow placement of one modular classroom behind building) on property located at 2655 Seaboard Road, District 7, Princess Anne. GPIN: 24046063180000; 24046063180001. CONDITIONS 1. All conditions attached to the Conditional Use Permit,granted by the City Council on July 11, 2006, shall remain in effect. 2. The 24'x 60' modular structure shall be located on the site as depicted on the plan entitled, "Location of Proposed 24'x60' Modular Structure for Classrooms(Wave Church—Seaboard)." 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 4. The portable classroom structure is considered temporary and shall be permitted on this site for not more than five years from the date of City Council approval and shall only be located as depicted on the submitted plan. Continued use of the structure after five years shall require a new modification of the Conditional Use Permit. 5. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE 11 Item#6 Wave Church Page 2 OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 6 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. 1, I -- ,.."*.e.z..=:-/ 1s= t�+ / 'i tl it-_:7 /... .2 .' CN 1> . 44 W". I *".' Q, , -. Oc li; t a. o CW '=,' set\ ' ..4 / 0., . "21v r`' : ! ' a •I f 0 • etT . ,,::::* 0-. L,„„ ,...- . .. ,.... .....„ . • -- op* ... --,-,: :lg./NI 7 '.4. - ,t \.,_. - . IN 4*..dur .t. . , A 4...,_ _.kk 4 x pprig .. fo 1 -• 5 `1,.._'" /4 -- .04. '''' ' 0/\\.\\\\ A '';' I C14 ---____......_ J`j Ai 1 \ 461140, ...---)w Ss\.4%„s\IN4\\\"c . _ .X. 4 '' t, # ifr 2 ;-__//. r (..) LO / a I 111 ri- z ociicAlt , .. ,,. 0 , 14t).. 7, ...mr - iit, fr.. e— 4iliP . N0 1.0.� 6 -aW c j ' 000 1� '�, 7 0 � ��T V 4 ----) N 4/ "I- VZWI*1'till'W _, — , rCrz0. Ci l' e et ce a. 0-i & ,,,,' /7141e, 8 t iinet., .t' ,s,. ....s....,,4. ..,,=,4, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAVE CHURCH [Applicant & Owner], Modification of Conditions of a Conditional Use Permit for a Religious Use (church) approved on October 14, 2003. 1000 North Great Neck Road (GPIN 2408137769). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: August 4, 2015 • Background: A Conditional Use Permit permitting a religious use (church) was approved by the City Council on October 14, 2003. The Conditional Use Permit has 8 conditions. Condition 1 requires that the site be developed in substantial conformance with the approved plans. The existing site consists of the church building at the center of the site and the majority of the parking on the west and north sides of the property. The rear of the property, east of the building, consists of an expanse of gravel and unvegetated ground. • Considerations: The plans approved with the 2003 Use Permit depicted a multi-phase development that would occur over time. To date, two phases have been completed. The applicant is currently in need of additional classroom space, but not to the degree that another phase of the development plan needs to be implemented. The applicant, therefore, proposes use of two 24'x60' modular classroom units, which will be located on the rear side of the existing building. Since the modular units were not depicted on the approved plans, a modification of the Use Permit is necessary. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit, granted by the City Council on October 14, 2003, shall remain in effect. Wave Church —Great Neck Road Page 2of2 2. The 24' x 60' modular structures shall be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church - Great Neck Road)." 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structures. 4. The portable classroom structures are considered temporary and shall be permitted on this site for not more than five years from the date of City Council approval and shall only be located as depicted on the submitted plan. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. 5. The portable classroom structures shall have skirting around the entire base to screen the under-carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. • 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: 9-S L LYNNHAVEN Ma l&J.7 Wave Church 7 lfitoj {i$ 1 „,......,z,..,„ , `Iiti A1 ..., . r ti� - ' July 8, 2015 Public Hearing �ilittf.4 � � 1 APPLICANT& PROPERTY ;_ �. 1 . / %4 ; n R10 OWNER: tr eyl'01,0,,,. y y �,, ►� z ' ,,4, WAVE CHURCH "'1®,t` /1-:,-- I,� o`6 (GREAT NECK ROAD) 0 ' fl,(1'4; / / A p j f. - , d - RIO.. �c t k r` 1 c;® .s ,,_,, 4,T IDNeaw,.. i _ Mil MN •i.ry.op c.wr..snir.,co.sr.r...0., Modification of Conditions (2 Modular Classrooms) STAFF PLANNER: Stephen J. White REQUEST: Modification of a Conditional Use Permit for a religious facility(church)approved by the City Council on October 14, 2003(modification will allow placement of two modular classrooms behind building) ADDRESS/DESCRIPTION: 1000 N. Great Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24081377690000 LYNNHAVEN Total Site Area 27.5 acres 70-75 dB DNL Modular Unit Area 3,920 SF 4 4 BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit permitting a religious use(church)was approved by the City Council on October 14, 2003. The Conditional Use Permit has 8 conditions. Condition 1 requires that the site be developed in substantial conformance with the approved plans. The applicant has a need for additional classroom space, and accordingly, is requesting modification of the Use Permit to allow two modular classroom units to be placed at the rear of the existing building. Details The existing site consists of the church building at the center of the site and the majority of the parking on the west and north sides of the property. The rear of the property east of the building consists of an expanse of gravel and unvegetated ground. The proposed location for the two modular units is directly outside the eastern wall of the church building. Each portable modular classroom unit has a floor area of 1,440 square feet(SF), with an overall size of 24 feet by 60 feet(24'x 60'). WAVE CHURCH (Great Neck) Agenda Item 7 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious Use(church) SURROUNDING LAND North: • Cemetery/ R-10 Residential District USE AND ZONING: South: • Old Donation Parkway • Single-family dwellings / R-10 Residential District East: • Single-family dwellings / R-10 Residential District West: • N. Great Neck Road • Single-family dwellings / R-10 Residential District 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 (pp. 3-1 through 3-3). • • IMPACT ON CITY SERVICES There will be no additional impact on City services as a result of the addition of two modular classroom units to this site. • • EVALUATION AND RECOMMENDATION The location selected for the proposed modular units are, in Staff's opinion, a good alternative for this property. The rear of the existing building has the appearance of and acts as the service side of church complex. That functional attribute of this side of the building, combined with the fact that the material and color of the exterior of the building are consistent with those of the modular units, will ensure that the units will not be detrimental to the appearance of the building or site. 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 guidelines are tailored for the Suburban Area and should be implemented, as appropriate, to improve the quality of our physical environment and aid in preserving adjacent neighborhoods. The Special Area Development Guidelines encourage the use of landscape plantings in cases such as this to assist in integrating the structures into the surrounding area, which is representative of the predominant physical environment of the Suburban Area. Staff, therefore, is recommending a condition with this Use Permit requiring the installation of foundation landscape plantings around the base of the modular units. WAVE CHURCHc Great clsj =. Agenda Item 7 Pate 2 Staff recommends approval of this requested modification, as conditioned below. 4 • CONDITIONS 1. All conditions attached to the Conditional Use Permit, granted by the City Council on October 14, 2003, shall remain in effect. 2. The 24' x 60' modular structures shall be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church—Great Neck Road)." 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 4. The portable classroom structure is considered temporary and shall be permitted on this site for not more than five years from the date of City Council approval and shall only be located as depicted on the submitted plan. Continued use of the structure after five years shall require a new modification of the Conditional Use Permit. 5. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. 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. '" 'tt1/,, 13l:q "* WAVE CHURCH neat T s),..' ,�r1 Agenda 7 , P3 C..) r O d V 4 , ' 14, ircio (1 `° iltr713 ' e T . I 1 En t\ i r ' Z co M 1 it QoM 't 4; i I. ‘' . i j it t o 1 t24, � ` r0 r r. , s 1 ;. al _ h,fU AERIAL OF SITE LOCATION WAVE CHURCH (Great Neck) Agenda Item 7 Page 4 .14 'S7 ad ',VIt. 3i1S C 3i33LHc v SSOW + i3,'_1W,(1 2131N33 NOIi' nnI003A M �. , $. .. -- 134 o 4a111,4 1. $; I =� 1p I 1 t, lfi il ` 71...:1"--,,r--.3.--•-- . i+- I II , p It ;i : g - {i „•..4.r.'"• io 111 f�'logED j id u. Y t „i jib LF i _. .,;; �� w j 1 6 ., nil4 gg R t re Mir q' LTA y pi„.....,.1....i.,,_ . ,,, , ,, ..iihiK rt", 1 .r1 ;i1 Y ^ IBJ ` RR ia,...5‘t IIr `13:f. �iri -, $1 4 N N —i F:$1, — S i • 4 j ^ t '.I 'n _ Y Y) 1 g0 ] ci i t > >6. i 1 ea t� 1 1- 1 I J I I y 1 i �N fy�^ . a k I 1 tri 11 I, ? N 1 .w; - ' '''--... 11,11114...‘-.,* ", Sr ',kW j h 1 t < P! iia• ii‘t.. PROPOSED SITE PLAN WAVE CHURCH (Great Neck) t. Agenda Item 7 Page 5 .. r.. tM PROPOSED MODULAR CLASSROOM UNIT WAVE CHURCH (Great Neck) G'�c Agenda Item 7 { ,2 Page 6 iIII ,1"1°`' ' 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 i Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special investment Program Nonconforming Use 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. a SECTION 1 /APPLICANT DISCLOSURE 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. (r Check here if the APPLICANT IS a corporation, partnership,firm, business, or I FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any I Page I of 4 Planning Commission and City Council meeting that pertains to the application(s) 1 0 I APPLICANT NOTIFIED OF HEARING DA E CI I NO CHANCES AS OF DAIL Lp 1 REVISIONS SUBMITTED DA-IL: J DISCLOSURE STATEMENT WAVE CHURCH (Great Neck) Agenda Item 7 Page 7 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) AVE Ciit cW — J i KiL-- , TEPI- KE1,1.,`i 5i4Akc N k EL I-Y., o,5EP1-1 Mors A cc (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) WAVE cKii-DREtdrilkiq i 'G- etl.irEft, WAVE TRAM5i'PRfAT? f.., WAVE PasLi3 Nits WAVE VklitiALEAt See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner's differtntfront ADnlicanf. ❑ Check here if the PROPERTY OWNER 5 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) WAVE (1.if1kRC1- — cTi9,iH Ki .RER) 5TEMEN Y 5 - . I . . c (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) AV ` ��1�, E 115 1 A NiwU (;xNTER WAVIE 1R_IAA 4KTA-Tit', The disclosures contained in this form are necessary to inform public Page 2 of officia.s,vho rna''vote on the apnilcatioi1 as to yi,riets-er they have a t:onflict �f irite:-ts Jitter viroid lace. DISCLOSURE STATEMENT WAVE CHURCH (Great Neck) Agenda Item 7 Page 8 . 3rM. t�lft/c' Rtfit_I sl4 NC , WAVE JkR1.tSA[.t Ni 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 relationship,that exists when(f)one business entity has a controlling ownership interest in the parent-subsidiary business entity,ill)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 subie_ ct ofihg application or anvhfsineSS ODeratin9 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 I SERVICE I I PROVIDER(use addkional sheets if I tKededl f O 12/ Accounting and/or preparer of your tax return ❑ E' Architect/landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® 2( purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Er Construction Contractors ❑ Er Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of officials ay-10 may vote on the appPcation as to whether they have a conflict of i-iterest :Jnonr'virg nia law DISCLOSURE STATEMENT WAVE CHURCH (Great Neck) Agenda Item 7 Page 9 11I Financing(include current ❑ LJ mortgage holders and lenders selected or being considered to provide financing for acquisition ,{� or construction of the property) ❑ LJ Legal Services ❑ rt./ Real Estate Brokers/Agents for current and anticipated future sales of the subject property v 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 LJ 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 = • lio ubiic =• = committee in connection with this Application. eskKa k«ktr 4/3//5 APPLI" NT' PRINT NAME DATE '— TO5111ca kicker x/3//5 PROPE'' OWNER'S SIGNATUR PRINT NAME (DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 offida!a who may vote on the application as to whether they have a conflict of irts est under Virginia law. DISCLOSURE STATEMENT WAVE CHURCH (Great Neck) Agenda Item 7 Page 10 1 11 Item #7 Wave Church Modification of Conditions 1000 North Great Neck Road District 5 Lynnhaven July 8, 2015 CONSENT An application of Wave Church for a Modification of a Conditional Use Permit for a religious facility (church) approved by the City Council on October 14, 2003 (modification will allow placement of two modular classrooms behind building) on property located at 1000 N. Great Neck Road, District 5, Lynnhaven. GPIN: 24081377690000. CONDITIONS 1. All conditions attached to the Conditional Use Permit,granted by the City Council on October 14, 2003,shall remain in effect. 2. The 24'x 60' modular structures shall be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units(Wave Church—Great Neck Road)." 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 4. The portable classroom structure is considered temporary and shall be permitted on this site for not more than five years from the date of City Council approval and shall only be located as depicted on the submitted plan. Continued use of the structure after five years shall require a new modification of the Conditional Use Permit. 5. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE Item#7 Wave Church Page 2 OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. i \vim 11.1111MA --- . i 42 ii."kid -77:-, '' �rOI N2 f3 NI MiNgwZM = MEAL' °we. it v__,,---Ing , icit ..,,:=- „-, \,c6 , - I C ll line hilm: LENNINNIA. re7--- 417 C./ -'•- •j Nt . <:)abollf=1 LI 't 11/ 10/1[11 Q INW 1111111VAM1116 i. _._ 141 r.= ., r :41;;4100r*Wr' ..:-. '4 1-3 . 1-( MN Cid %LW' .1A- <4.111cf> :.21,; ; , - C 9: ' iran .2 Ar . ,c,,11111140! \ air 6,- -; si , .., '-'4ftimr- 17;111: u if ' ' ' - - ‘;.. . I ./ irdi w r*4-r:-- . 1 ....,&, ai-\\S\\\\\ , ' -:7---' J.-_,E.dta . (z.\ kr”!'aril: '''-i ill , ,/,---- -11?r- — i ‘1/4 4i;\ . i ., . 7‘.1_ I 1 .. 4----2 ,,,. Lii ,_ 2 ii_ iim , _,., ..6..W .. V-Aril-71 k z.....nt !4- is - 'sorilr, 1711 .- Mk ,114‘..\ ....c....: 1 i Amin MI Bil NY k N , .N...\ wit . 'N & u4Z'-7 \-1 I" \k%4 0 .\,-) c71 1 ,17 '‘ 1,........ ek4e41/- Ig3A4 . , ..52. ..k.... ,__ k ,,Nk,,m.„,4 .., ,,,,i S Nk. 2.:_,.;_,_; ._____-.',W iLso.. 'i--r) , -_:._...i.,_ 1. EXIGNISita.. w" JAI. ASZANIiii... fi __, ,,•f. CO �.�...� 1. N•7:bh. \\t '-: vat W WAINIOW a 411160144. N *.‘ zil LAI 8: r.g r _ \\\\\\ mss'3 � d ,,, 0 . ! 0 � Iiiiight„ ._ 1, -:,-,"\-1 Z17451r fI- iLlig I OilP. 4 r r > I i :410°'' trild6Pow 411, --- ‘ ib 411.1ir.- ,---__: till i3 Z 1=4..... MEM k rr,(--'7 p = _., lip', . . .., ,,, . o _ : r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GARY COLLIER [Applicant] & DORIS GENEVA, LLC [Owner], Conditional Use Permit (Automobile Repair Garage). 416 Davis Street (GPIN 1467485790). COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: August 4, 2015 • Background: The subject site is located on Davis Street in an area that is predominately commercial in nature, with several nonconforming residential lots mixed in. The subject site has two, one-story industrial warehouse buildings. The applicant desires to lease a portion of the building for a new automobile repair garage. Staff was not able to locate any previous Conditional Use Permits for automobile repair for the site, and thus, this application is required. • Considerations: The proposed automobile repair garage will occupy 2,000 square feet of the building adjacent to the northern property line. No changes are proposed to the exterior of the building. The applicant states that all automotive repair work will take place inside the building, and no portion of the site will be used for the exterior storage of junk cars, parts, tires or other items associated with the repair facility. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. A low evergreen hedgerow shall be installed along the property line adjacent to Davis Street, and two (2) canopy trees shall be installed as shown on the site plan entitled, "SITE PLAN FOR GARY COLLIER- 416 DAVIS STREET," dated 06/05/2015. 2. A solid row of evergreen trees shall be installed on the interior side of 1 III GARY COLLIER Page 2 of 2 the existing chain-link fence located along the eastern property line, as shown on the site plan entitled, "SITE PLAN FOR GARY COLLIER- 416 DAVIS STREET," dated 06/05/2015. The plant material shall be no less than six (6) feet in height at the time of planting. 3. There shall be no outside storage or display of tires, vehicles in a state of disrepair, equipment, parts, or materials. All such vehicles and items shall be stored within the building. 4. All barbed wire fencing shall be removed from the site. 5. All automotive repair shall take place inside the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining property. Any outdoor lighting fixture shall not be erected higher than fourteen (14) feet from the ground. 7. No outside loud speaker system shall be permitted. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Signage on the site shall be limited to one building-mounted sign facing Davis Street for each building, as well as one tenant-specific sign above each suite door. A permit shall be obtained from the Planning Department, Zoning Division, for any signage being added to the site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Plann'ng Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: S k 11800.2. KENW$VI t E � ,-6 Gary Collier D 1 2 \ - ...,. , -A,-4-.' (4„.4.../2- '6sil 6esp July 8, 2015 Public Hearing -kir -8 x47 r, V ` APPLICANT: BZ '-\ GARY COLLIER A48' / ' t PROPERTY OWNER: 132 ;, DORIS GENEVA 83 eeie `, 1 04144 ti �17) z � � , L.L.C. •zw.,tra Ce.w.o.n.rt...,a.So.e.a.,.,b. CUP for Automobile Repair Garage STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit for an automobile repair garage ADDRESS/DESCRIPTION: 416 Davis Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14674857900000 KEMPSVILLE 46,014 square feet Less than 65 dB DNL (1.06 acres) 4 • BACKGROUND / DETAILS OF PROPOSAL Background The subject site is located on Davis Street in an area that is predominately commercial in nature, with several nonconforming residential lots mixed in. Two, one-story industrial warehouse buildings exist on the site. An automotive repair facility previously occupied one of the buildings, but has since relocated. The applicant desires to lease a portion of the vacant building to a new automobile repair facility. Staff was not able to locate any previous Conditional Use Permits for automobile repair, and thus this application is required. Details The proposed automobile repair facility will occupy 2,000 square feet of the building adjacent to the northern property line. No changes are proposed to the exterior of the building. The applicant states that all automotive repair work will take place inside the building, and no portion of the site will be used for the exterior storage of junk cars, parts, tires or other items associated with the repair facility. The repair facility will perform body work and will have a paint booth. The proposed hours of operation are 7:30 a.m. to 5:30 p.m. The business is anticipated to employee ten people. GARY COLLIER. Agenda Item D1 Page 1 i Improvements to the site include the installation of a row of low evergreen hedges and two canopy trees along Davis Street, and a row of evergreen plants, with a minimum height of six-feet at the time of planting, along the rear fence-line. The barbwire will be removed from the existing fence. The site has adequate parking to accommodate the proposed automobile repair facility. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office-warehouse use SURROUNDING LAND North: • Bulk storage yard/ B-2 Community Business District USE AND ZONING: South: • Single-family home&bulk storage yard/B-2 Community Business District East: • Multifamily dwellings/A-18 Apartment District West: • Davis Street Office-warehouse use/ B-2 Community Business District NATURAL RESOURCE AND A majority of the site is impervious surface. The site is located in the CULTURAL FEATURES: Chesapeake Bay Watershed. There do not appear to be any significant cultural features with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. To protect against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals requires that all new development or redevelopment either maintain or enhance the overall development of the area. This is accomplished by development that maintains or enhances the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, environmental responsibility, and buffering of residential from 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): Davis is considered a two-lane undivided minor collector/local street. The Master Transportation Plan does not propose any improvements within the existing right-of-way. Currently, this segment of roadway is functioning at a Level of Service C or better. No roadway Capital Improvement Program projects are slated for this area. GARY COLL1R. Agenda Iterii Dl Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Davis Street 4,508 ADT ' 6,200 ADT (LOS 3"C") Existing Land Use —95 ADT1 11,100 ADT (LOS "E") Proposed Land Use 2-80 'Average Daily Trips 2 as defined by Automobile Care Center(10 employees) 3 LOS=Level of Service WATER AND SEWER: This site currently connects to City water and sewer. The existing 5/8-inch meter (City ID#95037081) may be used or upgraded to accommodate the proposed development. Water and sanitary sewer service must be verified and improved if necessary so that the existing buildings will have adequate water pressure,fire protection and sanitary sewer service. 4 • EVALUATION AND RECOMMENDATION Davis Street contains a variety of commercial and light industrial uses, as well as a number of nonconforming residential units. As this street slowly transitions from residential uses to non-residential uses, it is important that development along this street enhance, rather than detract,from the quality of the built environment and protect the quality of life of the residents. The proposed Conditional Use Permit for automobile repair is consistent with this vision and with the Comprehensive Plan's land use policies for the Suburban Area, provided that additional measures are taken to enhance the street-side landscaping and screen the use from the adjacent apartment complex. The applicant has worked with Staff and has agreed to install landscape material along Davis Street and the rear property line. This will bring the site to compliance with the City landscaping standards for streetscapes and provide adequate screening of the use to the adjacent multi-family residential development. The proposed site upgrades are welcomed improvements to Davis Street and will ensure greater compatibility with adjacent and nearby residential uses. Staff recommends approval of this request with the conditions below. 4 e CONDITIONS 1. A low evergreen hedgerow shall be installed along the property line adjacent to Davis Street, and two(2) canopy trees shall be installed as shown on the site plan entitled, "SITE PLAN FOR GARY COLLIER-416 DAVIS STREET," dated 06/05/2015. • GyORY COLpER. Agenda Ite[rl-D1 Page 3 1 i1 2. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link fence located along the eastern property line, as shown on the site plan entitled, "SITE PLAN FOR GARY COLLIER-416 DAVIS STREET,"dated 06/05/2015. The plant material shall be no less than six(6)feet in height at the time of planting. 3. There shall be no outside storage or display of tires, vehicles in a state of disrepair, equipment, parts, or materials. All such vehicles and items shall be stored within the building. 4. All barbed wire fencing shall be removed from the site. 5. All automotive repair shall take place inside the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining property. Any outdoor lighting fixture shall not be erected higher than fourteen (14)feet from the ground. 7. No outside loud speaker system shall be permitted. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Signage on the site shall be limited to one building-mounted sign facing Davis Street for each building, as well as one tenant-specific sign above each suite door. A permit shall be obtained from the Planning Department, Zoning Division, for any signage being added to the 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 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. e C COL = GARY R. d.`, L Agenda Iter Di Page 4 . o ! I; : R o4Z N> If . n a .- 17 c , iw i Yom`*:'' f.: I'. .,t ".mss _ L F - Al Ari "# , __,.; ,44,:: ' '.1 ' 9: P Off`,. tk 111 • ei,. if Mr .A. ) E)lir # - .'''c•- .,- -. '-,,, 0 , 1) 10 o -, 4, # . I . . i . -' Ni..„ i ‘, ,_.! . 4 .if itr s AERIAL OF SITE LOCATION L GARY COLLIER. Agenda Item D1 Page 5 1Iti > s •,__:....._4______________.4 1 I i v. J Vi 1 1 .......: -1.Ar 14 • 1,... " _ � I ii INI.I I l / i / i e f y l 3 ' / LI O / / / 1 11 J / sp / R i / L• J i / - l / � 3 l t •i O. �+.� 3 -jam//irii ; .O'Ory moi'„ �rie�ZY 1 r 9 S. •per'y E Y t F ,b I t 44 a I \.. 1 \V ~. >t+ 4.4"/. .Oil > t ..:1 iZ Ir*:121. 9 1419 li"- 46 WI AVG EXISTING SITE LAYOUT Lr GARY COLLIER. k,ri Agenda Item D1 - 4 Pae6 ; ti, 4 '� ? - w , . „Oft S e _ s - i •k . ..;tir a z ja � R`` ,- ''i•. Ziii w Q = LL sr ,t t F.. ! v, � : �I x wZ • I � zgan ! w I • O J !F- U • aLL p -� , ‘sitill," ,,,1 '1p, • w a- 0 c r 1 0 ce Au i L ' f C.fis / !� w 'tt � w x J / / ..• o . Yct r a 4. < �< 3 ,� �� C� W Ya. :lir Z; H Q wLLJ y ID 0Il W o20mg E- rz I Z mimin ik Ili - PROPOSED SITE PLAN GARY COLLIER. _ Agenda Item D1 j Page 7 a ,, 11 W W 040/ . #0...: re W W \li - ... 1'. E , •: ,. , , • _ ,. Ii Illi \ .1' . ,: i. ,..._ ,,,,: •••,. ._„,r..,.,..,,,, ,;i: i s4 a Y y ,�yd I . f.:. g iii .- W i PROPOSED LANDSCAPING ALONG FRONT PROPERTY LINE GARY COLLIER. Agenda Item D1 Page 8 F._',,' v II - ) ; �L': y'' -'••, j, fil, . _L;�I ,,'•` • :r • : '1" % w. l?. r,.. s I .r_ ... ,� iCr r Q 0 0 z f-- ' . ' - W � � Ili . `� . . f i 4 • V ?A� +4. ,ji. . i ,. a • r— . r S. i ....,-. c• .•` • ' . .; I_ .m z W > W 5 0 Q J 4w 22 •w0 0 .m u. U- U d:. z z m 9 . w moi, PT,.4, JM f : P' fn. ,Z 2 re W Q r"' - U 0- PROPOSED SCREENING ALONG REAR PROPERTY LINE ;-,\ ib‘.* �; •ti-EA y GARY COLLIER. Agenda Item D1 1 Page 9 , i .. 4. ! C'; + �4 a J i . ,14lF ''4,, , Mg , Q 4. . , 4..:„.., .., „,,r.---004- . ! „..... , . . . ., cillisailit _ ,, W W Ww • , Uji1344"r11/4'44 ' ;4, '", - . o. y ,• Q i W J • V•• r • • • ► S; V r w '�;. it t,r., P re 1 eta4 -44' . •-• . 3 ':. • 4 - „-- il*: ..-,,, - -<.,... , .* ;k PROPOSED SCREENING ALONG REAR PROPERTY LINE • r^,�HI. AtA•y GARY COLLIER. -,, i Agenda Item D1 Page 10 dommisume • c.7 111 cc o 2 :J- O 1- (7) I <X LI- 0 . • LOCATION OF PROPOSED AUTOMOBILE REPAIR FACILITY r (ThArt - • GARY COLLIER. Agenda Item D1 Page 11 • 9.••=00- KEMPSVILLE Map C-6 G:a7 Collier Map Not to Scale , ..,., \ i ./ --,.:::A \-.„ \----__!,t,p,-----/ 0,4,74., 4141..4., 7,1,„„ ...4 , �RNT GI I � ______A18 ,11� hl t)re 4 Sze 0,..„ c .let,.. . I' 447/1" "" 4 f of 4,.: Q Q4L._474.trifier . r► /7•0.17- : B2 ,' * ." r.,...9'- '--- 0 4-- , C::::". . :j, ' "'" /41. ‘,-., / * .' fr --; a • : , , 1.7..... / .' c' ! czi ..-',--1 Ty/ 04-1 ' i . ., 1 , / I ! RG'N/A e j B2 ' i [i --."IC \ __, / / a (----' \L 6f- - h' e�� B2 'ti 11 'Zoning with Conditions/Proffers,Open Space Promotion CUP for Automobile Repair Garage APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 07/03/2012 CUP (automobile repair garage) Approved 2 01/24/2012 MOD (religious use) Approved 04/12/2011 CUP (religious use) Approved 3 02/26/2008 CUP (gas station with convenience store) Approved 4 12/09/2003 NON Approved 5 03/27/2001 CUP (bulk storage yard) Approved 6 05/09/2000 CUP (religious use) Approved 7 08/27/1996 CUP (bulk storage yard) Approved 04/26/1994 CUP (motor vehicle sales) Approved 8 05/14/1996 CUP (motor vehicle sales) Approved 09/17/1991 CUP (rehabilitation center/ sanitarium) Approved ZONING HISTORY- ;t i GARY COLLIER. Agenda Item D1 - �l i Page 12 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 4 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 [11C ck here if the APPLICANT IS NOT a corporation, partnership, firm, ivkusiness,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 GATE: ID NO CHANGES AS OF DATE: o REVISIONS SUBMITTED DATE: DISCLOSURE STATEMENT GARY COLLIER. Agenda Item D1 Page 13 1\13 der 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) G-Rgy Cat-NE.i fl Noz_AioriP 2. • 6f= Ott//1 ,hows 64Wv f- L-1-C- . (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NO N', 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. 0 Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OWNER 15a 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. DISCLOSURE STATEMENT GARY COLLIER. Agenda Item D1 Page 14 AB Virginia Beach i 'Parent-subsidiary relationship' means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than SO percent of the voting power of another corporation? See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 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 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 entitles'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;ubiect of the aoolication 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) 0 Accounting and/or preparer of �vv�� your tax return I�/I Architect/Landscape Architect/ L_1 Land Planner Contract Purchaser(Ifother than 111the Applicant)-identify purchaser and purchaser's service providers Any othr proposed El 12 purchaser er of thepending subject property LJ (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors G�%A �, 0 Er i 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 GARY COLLIER. Agenda Item D1 Page 15 met Virginia Beach Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition ❑ or construction of the property) Legal Services Real Estate Brokers/Agents for ferva /Y1 u 01 SI s 1� El current and anticipated future h‘.iff rr�e/z -$NG salesof the subject property lec7Nr4-(46Ae.t-+�V�}- SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO es 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. APPLICANTS SIGNATURE PRINT NAME DATE �. n .� GA. O. L.�i PROPER ERYS SIGNATURRE PRINT NAME ATE 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 GARY COLLIER. Agenda Item D1 Page 16 Item#D1 Gary Collier Conditional Use Permit 416 Davis Street District 2 Kempsville July 8, 2015 CONSENT An application of Gary Collier for a Conditional Use Permit for an automobile repair garage on property located at 416 Davis Street, District 2, Kempsville. GPIN: 14674857900000. CONDITIONS 1. A low evergreen hedgerow shall be installed along the property line adjacent to Davis Street, and two (2) canopy trees shall be installed as shown on the site plan entitled, "SITE PLAN FOR GARY COLLIER-416 DAVIS STREET," dated 06/05/2015. 2. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link fence located along the eastern property line,as shown on the site plan entitled, "SITE PLAN FOR GARY COLLIER-416 DAVIS STREET,"dated 06/05/2015.The plant material shall be no less than six (6)feet in height at the time of planting. 3. There shall be no outside storage or display of tires,vehicles in a state of disrepair, equipment, parts, or materials.All such vehicles and items shall be stored within the building. 4. All barbed wire fencing shall be removed from the site. 5. All automotive repair shall take place inside the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected,shaded,and focused away from the adjoining property.Any outdoor lighting fixture shall not be erected higher than fourteen (14)feet from the ground. 7. No outside loud speaker system shall be permitted. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Signage on the site shall be limited to one building-mounted sign facing Davis Street for each building, as well as one tenant-specific sign above each suite door.A permit shall be obtained from the Planning Department, Zoning Division,for any signage being added to the site. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item Dl. AYE 11 NAY 0 ABS 0 ABSENT 0 it Item#D1 Gary Collier Page 2 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item D1 by consent. 7 4,1 CW 4_, 0-4 -------b, i6. A \ N k4,*. Cj til "-. fir- i ci) -4., ----/Ar ,,' cirt.„..444 , .. IX .C.---7 ,,,,• ' . 0 AV ,,, -t--, u■1, � 7 g - ..., Del' - - ,,,,, I CI ri 0.toir •:: tfOr . -----____-"Th--1 .1___ , .ri----- \-- (- ' 3PE* c,„ . #fir / \., —_ / , cn 4 44*.s.„,„ w 0, -- - ? i u. 0 a • N r.. , $ , j .,* r7 �._ +fit Air.; --.7 --: '''''' ''''',..„. ---,,,, 44b.,V; 4 ATAF -..„... .._.., ... :... \\1/4.7.4.44 tari.. *-7 y--7.,,,„„.,,......„4/•J , A 11 / h ' ' • ---"--,/ ~J : /l Wt . ,.. v $ 0 i= _ . 11111140%4‘ 40 . ______ I 1-----"' -..., .,... ---____,..----- 0 4.. ----_.......„ _ a II . c ----7 1/4., oJ 7 Q ,.., ----03 i*Aii,,,. ------ / ii.f,7 t's �� +_ Q W �- r r yo � = I .. P�In E Z AI i i N I a I I C+ CV ..rrs S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. [Applicant & Owner], Conditional Use Permit (Recreational Resort Community). 3665 S. Sandpiper Road (GPINs 24326431580001 through 24326431583250; 24326431581000 through 24326431581004). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: August 4, 2015 • Background: Outdoor Resorts was granted a Conditional Use Permit for a campground with 250 sites on May 7, 1966. Since then, Outdoor Resorts' business model has evolved such that many of the existing camp sites now have recreational vehicles including park model trailers, decks, and awnings that are permanently in place. • Considerations: A Community Assistance Visit by the Federal Emergency Management Agency (FEMA) identified deficiencies in the City's Floodplain Management Program that need to be corrected. One such area of deficiency pertains to the enforcement of Floodplain Ordinance regulations in campgrounds and mobile home parks. The Outdoor Resorts property is located within the floodplain and the City is working with property owners to bring the development into compliance with the City Floodplain Ordinance. As the attached report explains, Outdoor Resorts is technically zoned only for campground use, which prohibits the issuance of permits for permanent structures. In order to facilitate Floodplain Ordinance compliance, the City Council recently adopted an amendment to the Zoning Ordinance establishing "Recreational Resort Community" as a new land use category, allowing a wider variety of temporary housing unit types. Outdoor Resorts is requesting a Conditional Use Permit for a Recreational Resort Community as a means of addressing the existing deficiencies on the site with respect to the Floodplain Ordinance regulations. Further details pertaining to this request, as well as Staff's evaluation, are provided in the attached staff report. There was no opposition to the request. OUTDOOR RESORTS Page 2 of 2 • 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. The site shall be developed substantially in conformance with the submitted site plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and park model trailers. Manufactured cottages and cottages built on site are also allowed with a maximum length of 40' and a maximum width of 12' 6". Maximum height is 18' above the City's design flood elevation. No condominium site may have more than 1200 square feet of impervious cover. Manufactured cottages and cottages built on site must substantially adhere to the submitted pictures on file in the Planning Department. 3. Permits are required for any permanent improvements including but not limited to parking pads, canopies and foundations. All permanent structures must meet the City's Floodplain Ordinance. 4. A three foot wide mulched landscape bed must be installed and maintained for each site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. • 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 in? City Manager: c6.,...-415V.. )1,ers4,2 10 PRINCESS ANNE Outdoor..Resprts of Virghlia Beh ;; 0 •13 on ominiumAssdtiation,inc. July 8, 2015 Public Hearing . J x, APPLICANT & PROPERTY OWNER: ;� OUTDOOR 10/04 10 13:......._.,ita.,._...„k , ' , � ;, . RESORTS OF .0 ,*"',.,1-f t� VIRGINIA BEACH ;° `; ryfo0)o)-t,..\,I' 3 CONDOMINIUM (�%f .r;, . :h ASSOCIATION rs 0 .: ' - INC. •:.r w oili c«rr.,.,v..x..,e�sr...►.w.n.. CUP Recreational Resat Community STAFF PLANNERS: Karen Lasley&Stephen J.White REQUEST: Conditional Use Permit(Recreational Resort Community) ADDRESS/DESCRIPTION: 3665 Sandpiper Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24326431580000 PRINCESS ANNE 63.32 acres Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background Outdoor Resorts was approved on May 7, 1966 as a campground with 250 sites. The conditional use permit was modified in 1996 to allow 25 individual boat docks. In 2000, an additional 50 boat docks were added for a total of 75. Forty boat lifts were approved through a conditional use permit modification in 2004. Soon after the campground opened in the 1960's, management began to rent sites for an entire year, providing renters the convenience of leaving their trailers in place. At a later date, campground sites were sold individually as condominium parcels. Condominium owners began to make permanent improvements and many of the existing camp sites now have recreational vehicles including park model trailers, decks and awnings that are permanently in place. The Outdoor Resorts property is located within the floodplain and the City is working with property owners to bring the development into compliance with the City Floodplain Ordinance. This effort is the result of a Community Assistance Visit by the Federal Emergency Management Agency(FEMA)which identified OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 Page 1 deficiencies in the City's Floodplain Management Program that need to be corrected, including enforcement in campgrounds and mobile home parks. In order to be compliant for Floodplain regulations each unit must meet one of the following options: • Option 1 —a recreational vehicle can be in place no longer than 180 days per year; it must be fully licensed and ready for highway use; attached to the site only by quick disconnect utilities and security devices and has no permanently attached additions. • Option 2—the unit must meet requirements for Manufactured Homes to include permanent foundation and anchoring; elevated to base flood level; enclosures below base flood elevation must use flexible skirting or flood resistant materials that are properly vented. The Zoning Ordinance defines a campground as, "Premises where spaces are offered for occupancy for relatively short periods by portable recreational housing, including any land, building, structure or facility on such premises used by occupants of such portable recreational housing." Because Outdoor Resorts is technically zoned only for campground use, permits for permanent structures cannot be issued. In order to facilitate Floodplain Ordinance compliance, the City adopted a Zoning Ordinance amendment creating a"Recreational Resort Community" which allows a wider variety of temporary housing unit types. The Zoning Ordinance defines a Recreational Resort Community as; A community with an emphasis on outdoor recreational activities with seasonal living accommodations for tourists and owners. Such communities shall not provide long-term permanent housing or principal residences. Accommodations may consist of any combination of motor homes, recreation vehicles, park model trailers, manufactured housing or cottages. Outdoor Resorts is asking for a conditional use permit for a Recreational Resort Community. No changes to the existing resort development are proposed except flexibility on the type of units permitted. Recreational Resort Community Criteria/Plan Details • Area. A Recreational Resort Community must have a minimum lot area of 10 acres. Outdoor Resorts meets this criteria with over 62 acres total including approximately 20 acres outside of water and marsh. • Density. Recommended density is seven units per acre for new developments. Outdoor Resorts currently has 250 units on approximately 20 acres of property that qualify for density credit which equals 12.5 units per acre. City Council may vary the density for this existing development and such a variation is recommended since no increase in density is proposed. • Parking. One parking space per unit is required. Outdoor Resorts has a least two parking spaces per site. • Amenities. The code recommends that ten percent or more of the developable acreage be devoted to recreational areas and facilities. Outdoor Resorts currently has two swimming pools, two tennis courts, one basketball court, a recreational building with meeting rooms, a fitness room and a playground. Other amenities include two free-standing bath houses with laundry facilities and a maintenance area housing trash containers and a storage shed. • Signage. A Recreational Resort Community is permitted to have one 24 square foot sign with two sides per entrance. Outdoor Resorts currently complies with the sign allowance and no new signage is contemplated. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 Page 2 • Utilities. All Recreational Resort Communities must be connected to City water and sewer. All units in Outdoor Resorts are connected to City water and sewer. Electrical service, water, sewer, internet and cable TV are provided to each unit. • Site Plan. The submitted site plan shows no changes to the existing resort park. The 250 condominium sites, common areas and all amenities will remain with no additions proposed. • Housing Types. Housing units will not be long-term permanent dwellings, but Outdoor Resorts is proposing to allow a greater variety of units than the currently existing recreational vehicles and park model trailers. They propose to allow for alternative construction such as manufactured cottages or cottages built on-site, which are the same basic size as the park model trailers. (Representative images of manufactured cottages are attached to this report.) The park condominium Rules and Regulations limit park trailers to a length of 40'. Park trailers, by nature, are designed to be towed on the highway. As such, they are limited to a width of 8'-6"when in tow, but are often constructed with "slide outs"which offer an additional 3-4 feet in width. The current length and width restrictions (40'-0"long by 12'-6"wide)would continue in effect, regardless of unit type, resulting in a footprint of up to 800 square feet, which includes appurtenant structures such as underlying concrete pads, decks, and awnings. Unit height would be limited to 18'-0"above the City's design flood elevation requirement. Freeboard is the additional clearance required above base flood elevation (BFE). As BFE and freeboard requirements are subject to change at the discretion of FEMA, providing height restrictions relative to these elevations will permit future flexibility. The height of 18'-0"would allow the interior space of a unit to have 8'-0"of head clearance, 1 '-0"of structure, 9'-0" of area for a sloped roof, which could include a storage or sleeping loft. (See figure below.) - eZ)I r►t ( ffl $' C.. 11,1 •ary-Vii._._ i t ,N L i L v t..4- OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 Page 3 • Green Development Features. The Recreational Resort Community standards encourage the use of sustainable features. Although this community was developed prior to the availability of many green products, plans to gradually become a "greener" park include replacement of light bulbs with LED fixtures, creation of a recycling program, replacement of existing structures with more energy efficient models, replacement of mechanical equipment with higher efficiency models for more efficient heating and cooling, and installation of low-flow plumbing fixtures. • Landscape. All units will be brought into compliance with the Southern Watersheds Management Plan developed with the 1996 conditional use permit modification. The plan calls for a 3-foot landscaped bed as shown on CBPA Planting Bed#2 to be installed and maintained along the water.A walkway not more than 3 feet in width may be provided through the required planting bed on each site, between the unit and the decks and individual boat docks. • Emergency Vehicular Access. Outdoor Resorts is a gated community and the park has approved emergency access plans in place with the appropriate City emergency departments. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Residential—permanently-mounted recreational trailers SURROUNDING LAND North: • Inlet of Back Bay USE AND ZONING: • Single-family dwellings/AG-2 Agricultural and R-15 Residential Districts South: • Inlet of Back Bay • Restaurant/B-4 Business District East: • Inlet of Back Bay • Single-family dwellings/ R-15 Residential District West: • Back Bay NATURAL RESOURCE AND CULTURAL FEATURES: This site is surrounded by Back Bay. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, and more specifically, Suburban Focus Area(SFA)6—Sandbridge Community. Sandbridge Community is a stable, low-density, single-family residential area. Retaining the existing, low-density neighborhood character of Sandbridge community is the principal policy for this area(pp. 3-7 to 3-9). SFA 6 is an environmentally sensitive area, and the Plan's environmental stewardship policies suggest prohibiting construction in floodplains without acceptable mitigation. Development should be encouraged to provide greater protection than that afforded by minimum standards (pp. 7-12 to 7-14). The requested Use Permit is consistent with this policy, as one of the primary purposes of the request is bring the OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 Page 4 community into compliance with FEMA floodplain regulations. 4 • IMPACT ON CITY SERVICES WATER: This site is currently connected to City water. SEWER: This site is currently connected to HRSD sanitary sewer. • EVALUATION AND RECOMMENDATION Staff recommends approval of this request subject to the conditions listed below. The proposed conditional use permit for a Recreational Resort Community will clarify that this resort park, originally approved as a"campground" in 1966, has evolved into a resort condominium community with more stationary vacation housing. Besides recreational vehicles and park model trailers, approval will allow owners to have manufactured cottages or cottages built on-site that have the same footprint as a park model trailer, but are an upgrade in quality and appearance. A landscape bed will be installed adjacent to Back Bay to help improve water quality. Most importantly, approval of this conditional use permit will allow building permits to be issued to bring Outdoor Resort units into compliance with the City's Floodplain Ordinance. Compliance with the Floodplain Ordinance is critical to maintaining the availability of Federal Flood Insurance for Virginia Beach residents. • 6 CONDITIONS 1. The site shall be developed substantially in conformance with the submitted site plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and park model trailers. Manufactured cottages and cottages built on site are also allowed with a maximum length of 40' and a maximum width of 12' 6". Maximum height is 18' above the City's design flood elevation. No condominium site may have more than 800 square feet of impervious cover. Manufactured cottages and cottages built on site must substantially adhere to the submitted pictures on file in the Planning Department. 3. Permits are required for any permanent improvements including but not limited to parking pads, canopies and foundations. All permanent structures must meet the City's Floodplain Ordinance. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 Page 5 4. A three foot wide mulched landscape bed must be installed and maintained for each site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. NOTE:Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 Page 6 ` �: a is a' oy> C �Ia kV' 4 .'� `' •. t z a 9� � t,Vitt/. ,,�' 'ttt F � } r y \ '' 1 \r �F` ylf • ,:.7 'j yi #t 14' # tli lite 1 1 0 of , #,-A,'i t I to i ( ',I.,C it , -,: . ' t4t.: f ': k 14 illk a ,Y '`r 1 , ii.,.. * c1txv p ; r K. ii,$' ,- >F AERIAL OF SITE LOCATION OUTDOOR RESORTS OF VIRGINIA BEACH 4o` CONDOMINIUM ASSOCIATION, INC. '" 1, Agenda Item 10 r Page 7 ,r F ... ti `ji ',.' � t 0,4t). 11+. ll 1ti'` }t�f�h'4.7i 111 1 ,r ? ►: '4 X1111111 1 r1' r ..'. Tl'-``'4'4',,.1 4t'4 t t 4r. ('i; - ,. ',',..'",,,-_-,,..14 '1 Y tafiloo t' bsK ,11-oqt.r,,, tt� , ,t1„ti r. r10 ' ,r+ - + 16. .d it.f .t, • { 1 f 41 P. N.• , I•I r t' , n #1 I�r '� , �, d Ill �,r; .�} • n r sl[ 5 p _f"" :1 1.. 0 glii •• w ' y ;„,.::„...........„:„:•.,:„.,,, „•••.„, iii f ,.tII 'Zt j, „, 1! u ;''' }� ititti v.� ` moi: PROPOSED UNIT TYPES OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 ' to Page 8 • °"' < .s. r" .e • - . • A. 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Yi 9i-Ng s 5. s" 1E11 IU•I a R.1 ...9 ISI IaI ' �= g 2 .LO SA 16 >_81%_< t ) M,/K fALS 9 S9f. . i^o:Rw8^n ?n R 8 g^$b .00ssl=M.00.cfALs �888888g8 _�rsf.9y nnri n.i rcinnn 2 Sisk .t'.F'nno�.S.b4� A.� < 4 .!RR $e.ama4 (r<oD.lssi+ .400O1,33<5n l .400O1,33<55 " — 1 m — 21-39^.3^3.^ n if I 4 4 19 )9�a318Y)( 'H S3WYr 4 3O ALtl3403131 3O 3101511.0905 OUTDOOR RESORTS ACCESS AREA ,i.tBFA� OUTDOOR RESORTS OF VIRGINIA BEACH �f` CONDOMINIUM ASSOCIATION, INC. _ Agenda Item 10 ' Page 10 : _ PRINCESS ANNE Outdoor Resorts of Virg�ia Beh Map O,P-14,15 Condominium Association, Inc. Map Not to Scale t 1 -1is ' . _ Q1P -111A A t ► cam, ► VA;r:\ 0 ,.=.;car.% Shipps Bay X�4'"* •, ��+171. Q t+,��i�1 /ff."74)44.1. ../1, "':/Wk0 0..r.,to. 411111 % ,/f.- frA ti *14;4* .1 /r 11-4 0 1.1. ,,,e, ,,,,,,, _ , ,. let,.: ,,r,...... ��/to ate_ 'Zoning with Conditions4Proffers.Open Space Promotion CUP Recreational Resort Community APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 11/28/2000 CUP (Community Boat Dock) Approved 07/09/1996 CUP (Recreational Vehicle Resort—boat docks) Approved 05/07/1966 CUP (Motel, Restaurant, Camping, Marina, and Boating Facilities) Approved 2 07/09/2009 CUP (Motor Vehicle Rentals) Approved 1 ZONING HISTORY •i,.., '" OUTDOOR RESORTS OF VIRGINIA BEACH 1. CONDOMINIUM ASSOCIATION, INC. Agenda Item 10 1' Page 11 „ 1 • .an H u ir. ' {ass •Y� '. # c 3 z { �, ggrI 4 ' �w,,,. � � .� z ,n> 't" :::tis; rt x h 3s ,.. 4»' *�^t`,... ' „ F ti } nia each 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 n 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). 0 APPLICANT NOTIFIED OF HEARING DATE' �. NO CHANGES AS OF DATE. REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT ; o Ar;,. OUTDOOR RESORTS OF VIR IA-BMJ CONDOMINIUM ASSGOIATION, C. Agenda Item 10 Paa :12 ry k r*# }f 4�".- � W a. ; 3 Z zY'S E �L`I� •b d°+ ffit' rtr... # 4 ^ "�'�* + } 3 uW F ,tY,. Y % 3` T. k t F e a'"� r.1E �{�,t °- a`" �r� ',n.*y�-,„�z i� "r'� 'J E«.'�^ * }., 4'v k s't f G4K _—�_..:. Virginia Beach mf other unincorporated organization,AND THEN,complete the following. w"" (A) List the Applicant's name followed by the names of all officers,directors, members, trustees, partners,etc. below: (Attach list if necessary) Please see Exhibit A attached hereto and made a part hereof • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None 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. Z Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. C 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 Applicant is a corporation which is the owner of all common areas within the condominium and there are two hundred forty-nine(249)unit owners comprised of individuals and entitles such as trusts,corporations and limited liability companies. Please see attached Exhibit B for a listing of all unit owners. **(see footnote) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ** (Exhibit B is on file in the Planning Department. The exhibit consists of 15 pages listing every unit owner. The Exhibit is Page 2 of 4 available upon request). DISCLOSURE STATEMENT x ^ f *�1 fj OUTDOOR RESORTS OF VIIIA B , CONDOMINIUM ASSGOIATION, C. Agenda Ite-1, 10 Paa 13 fib` t-t 41— "- `,� x . : �„ 'ks4C ,gs t � r r 3� t + •"' '. r: r ' f k z �3?v d ✓�"'F,^'S$�_tgk I > 's r � §'F �5 S •, 1+!`k prA y'^ �' A" y., P .,if4 r- t , ,; V` ta`Beach.✓ 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) E E Accounting and/or preparer of your tax return I I `J Architect/Landscape Architect/ I, Land Planner Contract Purchaser(if other than C z the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) LX Construction Contractors EjEngineers/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 �A ISj ,.. OUTDOOR RESORTS OF VII3- NIA-B• CONDOMINIUM ASSOCIATION,_ ` C. "A0enda It-, 10 P40-441 k.,-4,:,": , s+a jd',,A ''S'. .`','%a. 3 ;-1, s i '' t -e, 11a '#":py ,,X4,12,,,,,,,,- "#i F pad. .nn i€��-s�s d � zax a-*rd a*�.fa�t > :�k 'at KQ,,, " F x r� 7 ^� aA L.� �..�r �- r� n x a^cz ' F 1 try. # -- 4 ,"„, ,-.,,- Virginia Bea Financing(include current , C E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IZE Legal Services John W.Richardson,Attorney at Law Real Estate Brokers/Agents for Gary Crooks 0 0 current and anticipated future sales of the subject property • i 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 ❑ El 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?See Exhibit C attached hereto and made a part hereof 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 week prior to the Planning Commission, Council, VBDA meeting, or meeting of . y : DISCLOSURE STATEMENT FORM Exhibit A (A) List the Applicant's name followed by the names of all officers,directors,members, trustees,partners,etc.below. The Applicant,Outdoor Resorts of Virginia Beach Condominium Association,Inc.,(the "Association")is a Virginia corporation which is composed of the following officers and directors: Officer Office Held Skip Scribner President and Director John E.Lawson,Jr. Treasurer and Director Kevin Black Vice President and Director Jay Birsch Vice President and Director Price Dodson Secretary and Director Each Unit is allocated one(1)vote to be made by the designated Voting Member entitled to cast his/her/it's vote on matters brought before the Board of Directors. A quorum is considered persons having more than fifty percent(50%)of the total votes of the Association. DISCLOSURE STATEMENT FORM Exhibit C SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE. There are 249 unit owners and the Applicant is unaware of their professions but to the best of Applicant's knowledge and to the best of the General Manager's knowledge,none of the unit owners are officials or employees of the City of Virginia Beach. DISCLOSURE STATEMENT „ - ' OUTDOOR RESORTS OF VII ONIAAB - tH CONDOMINIUM ASSOOIATION, C. ",.{ Agenda It i 10 t: Pa 16 Item#10 Outdoor Resorts of Virginia Beach Condominium Association, Inc. Conditional Use Permit 3665 South Sandpiper Road District 7 Princess Anne July 8, 2015 CONSENT An application of Outdoor Resorts of Virginia Beach Condominium Association, Inc.for a Conditional Use Permit (Recreational Resort Community) on property located at 3665 Sandpiper Road, District 7, Princess Anne. GPIN: 24326431580000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted site plan.A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and park model trailers. Manufactured cottages and cottages built on site are also allowed with a maximum length of 40' and a maximum width of 14'. Maximum height is 18' above the City's design flood elevation. No condominium site may have more than 1200 square feet of impervious cover. Manufactured cottages and cottages built on site must substantially adhere to the submitted pictures on file in the Planning Department. 3. Permits are required for any permanent improvements including but not limited to parking pads, canopies and foundations.All permanent structures must meet the City's Floodplain Ordinance. 4. A three foot wide mulched landscape bed must be installed and maintained for each site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 10. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE I i I Item#10 Outdoor Resorts of Virginia Beach Condominium Association, Inc. Page2 RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 10 by consent. John Richardson appeared before the Commission on behalf of the applicant. PI: CI; r Zak% V1::CitPlilmi 40) ON tic ''�`; ` ) \-- V PO Q a� losoa i, �� AO. � r, ‘--i.. ii, t -- ----- E S;z � , Ex We., � jti� � �. � Gio � y I 4 � �' � s r "An � it ;-1 c:)„„ 04•4; f4 1 cs.- 10,,0,1111, oh .Pi" — to 14110°TailiTgrifAIP1 iiklitV ? --'4**,‘.' ,_., It PW- - I - v' IA .‘r'' It-Ijige - -;*. ' -- VN TUN 44 4 alk- ter Ttlat Toll i'..A‘'''Iall - _ -C, Nik-\\. \ -II t-,' coo* earairi,& 1 IP,,14•A illginilli *„.:1L-**4,4\ .*42\4 °II A) C) 5 ClItiSP le$41\77: V4144\11/4SWS 1‘ IT = IN iv"' '. i \A"Nik /. %S. .14 ^ -- _ fir ', *4$% � \ %ma ir Nqr ", -\* '1. CCS 5 I-- littCi-WPI 'k.N .41:..N 10i f v �� 't1► gemcg t - 6 io (NI \ 1 IN**\iro) ts Illk ,... , IV 4•4 tI,IV. O \ - , ''... - 6.--\ 4k ' N 4\ ,4110 - l.. iltsup) c) \\ i: It,. .‘,..i -"1"-<"-;114'1 ,40,1** 80 Is e e 1 a, U m I Q. V) 1'4 i Itit---.Z. -1.... Z o01 ic 0Q o I I 1 [ rfOia4,,,4 (� 7j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EUROTECH SERVICE CENTER, LLC [Applicant] & THE BANK OF HAMPTON ROADS [Owner], Conditional Use Permit (Automobile Repair Facility). 207-209 Pennsylvania Avenue (GPIN 14678497610000). COUNCIL DISTRICT— BAYSIDE. MEETING DATE: August 4, 2015 • Background: The applicant operates an automobile sales establishment two blocks north of the subject site. The applicant desires to offer automobile repair for his customers, and does not have sufficient room to do so on that site. On March 17, 2015, a Conditional Use Permit for automobile repair was granted to the applicant for the property at 245 Pennsylvania Avenue; however, the applicant now desires to redevelop the subject site instead. • Considerations: The 12,500 square foot site contains a vacant, 6,080 square foot one-story commercial building. The applicant proposes to renovate the building to accommodate an automobile repair facility with four service bays. The business will be open to the public; however, the applicant anticipates that a majority of the vehicles being serviced will come from his automobile sales establishment to the north. There will be no sales or exterior storage of automobiles, tires, or parts on the site. All repair will take place within the building. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. • Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the submitted site plan entitled "207209 SERVICE CENTER, A PROPOSED AUTOMOTIVE SERVICE FACILITY FOR SELECT AUTOMOTIVE," dated June 17, 2015 and prepared by GMF + 1 EUROTECH SERVICE CENTER Page 2 of 2 Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit, the building shall be developed in substantial conformance to the two submitted renderings entitled "207-209 SERVICE CENTER, A PROPOSED AUTOMOTIVE SERVICE FACILITY FOR; SELECT AUTOMOTIVE," dated April 28, 2015 and prepared by GMF + Associates. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 4. No outdoor vending machines and/or display of merchandise shall be allowed. 5. No motor vehicle repairs shall take place outside the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 7. No outside storage of tires, parts, or equipment shall be permitted. 8. This Conditional Use Permit for an Automobile Repair Garage shall expire ten (10) years from the date of City Council approval. To continue the use of Automobile Repair Garage after such expiration, the applicant shall request a new Use Permit. ■ 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 Departme iff:5 C City Manager: ' •4 II I 1 1 I 1 6A1S1OE Jul 8, 2015 Public Hearin „�toa Eurotech Service Center,L.L.C. Y 9 B2 ,�2.. -2,3 g2: APPLICANT: N -* t1 - EUROTECH SERVICE CENTER, , ii j1.1 1 - ' - , Y s ,19 ` , _ _�� _ :- t LLC r- r J �i`" u ; : CONTRACT PROPERTY OWNER: _____ . 7 _�,� ��4 GEORGE LOIZOU CLEVELAND 8--....-.- rt. a ?- i, PROPERTY OWNER: Awing•Awi . Cw!/ar rollm Open Space Pre* CUP for Automobile Repair Garage BANK OF HAMPTON ROADS STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Automobile Repair Garage) ADDRESS/DESCRIPTION: 207-209 Pennsylvania Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678497610000 BAYSIDE 12,500 square feet Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow the site to be redeveloped to accommodate an Automobile Repair Garage. Currently, the applicant operates an automobile sales establishment two blocks north of the subject site. The applicant desires to offer automobile repair for his customers, and does not have sufficient room to do so on that site. On March 17, 2015, a Conditional Use Permit was granted to the applicant at 245 Pennsylvania Avenue for automobile repair; however, the applicant now desires to redevelop the subject site instead. Details The 12,500 square foot site contains a vacant, 6,080 square foot one-story commercial building. The applicant proposes to renovate the building to accommodate an automobile repair facility with four service EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 1 bays. The primary materials for the exterior renovation include corrugated and composite metal panels. The front façade will incorporate an aluminum and glass storefront. The design is accentuated with a red, vertical element at the southeastern corner. The entrance to the facility will be in the middle of the front façade, with garage doors being added at each side. The submitted site plan depicts five parking spaces;four spaces located at the rear of the site, and one handicap space located in front of the building. The five parking spaces provided on-site meet the requirements of the Zoning Ordinance. Employee and overflow parking will be located at the applicant's property located 150 feet to the north of the subject site. Additional site improvements include the installation of a planting bed at the southeast corner of the building and a landscaped infiltration trench. The repair facility will operate Monday through Friday between the hours of 7:30 a.m. and 6:30 p.m., and Saturday between the hours of 8:00 a.m. and 5:00 p.m. The applicant does not anticipate a need to operate on Sundays. The business will be open to the public; however, the applicant anticipates that a majority of the vehicles being serviced will come from his automobile sales establishment. There will be no sales or exterior storage of automobiles, tires, or parts on the site. All repair will take place within the building. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant commercial building SURROUNDING LAND North: • Office&storage/ 1-1 Industrial District USE AND ZONING: South: • Office&warehouse/ 1-1 Industrial District East: • Pennsylvania Avenue • Offices/ 1-1 & I-2 Industrial District West: • Offices/ 1-1 Industrial District NATURAL RESOURCE AND The site is located in the Chesapeake Bay Watershed. There do not CULTURAL FEATURES: appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. The general vision for the Pembroke SGA is 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 Plan establishes a framework that concentrates a high-density mix of contemporary urban uses within a defined central area, creating a skyline for the City and providing for decreased land use densities from the core. More specifically to this application, in the Central Village District, the Plan calls for an eclectic, mid to low- rise commercial and urban residential area. This version includes live-work units, loft, and row-house residential buildings and smaller scale mixed-use commercial buildings. c1 - EUROTECH SERVICE CENTER, L U. Agenda It: Page 2 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): North Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes an eight-lane facility within a 155-foot right-of-way. Currently, this segment of roadway is functioning at capacity at Level of Service F. There is a roadway CIP project slated for this area.Witchduck Road- Phase II (CIP 2-025)will provide a six-lane divided roadway on a 143-foot to 165-foot variable right-of-way from 1-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feet. Roadway modifications also include Pennsylvania Avenue, Mac Street, Southern Boulevard, Cleveland Street and Admiral Wright Road at Denn Lane. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume No traffic 6,200 ADT '(LOS 4"C") Pennsylvania Avenue counts 9,900 ADT ' (LOS 4"D") 2 available Existing Land Use — 15 ADT 14,800 ADT 1(LOS 4"C") Proposed Land Use 3— 160 ADT North Witchduck Road 47,814 ADT 1 22,800 ADT ' (LOS 4"D") 27,400 ADT ' (LOS 4"E") 1 Average Daily Trips 2 as defined by 12,499 square feet of light industrial use 3 as defined by automobile repair facility with 4 serving positions 4 LOS=Level of Service WATER: This site currently connects to City water. There is an existing six-inch City water main along Pennsylvania Avenue. The existing 5/8-inch meter(City ID#95135746) may be used or upgraded to accommodate the proposed development. SEWER: This site currently connects to City sewer. There is an existing eight-inch City sanitary gravity main along Pennsylvania Avenue. Pump Station#357, the receiving pump station for the site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station#357 and the sanitary sewer collection system is required to ensure future flows can be accommodated. • EVALUATION AND RECOMMENDATION This proposal will provide a new façade on a building that has become dated and unsightly. The use of metal panels, a large storefront window and red accent design feature will, in Staffs opinion, be a welcomed aesthetic improvement to the area. Due to the nature of the site and the layout of the existing EUROTECH SERVICE ( ENTER, L ,.C. Agenda Item 1_ Page .3 building, there is minimal space available for enhancements to the site; however, the applicant will add landscaping at the southeastern corner of the building that will soften the predominately impervious site. The subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). The proposed use is not specifically consistent with the Comprehensive Plan's recommendation for this portion of the Pembroke SGA, the automobile repair use is consistent with the existing character of the area, and is deemed appropriate as an 'interim use' until the surrounding area begins to redevelop consistent with the recommendations of SGA Plan. Rather than a complete redevelopment of the site, this request is limited to the restoration of an existing building. Moreover, the applicant is familiar with the Pembroke SGA Plan and is interested in acquiring, and has been attempting to acquire, surrounding parcels for future development(see page 12). The applicant is hopeful that market forces will render the subject site more desirable for uses that are consistent with the vision for the Pembroke SGA; therefore, the applicant has agreed to a condition that limits the use of the site for motor vehicle repair to a maximum of ten years. Based on the considerations above, Staff recommends approval of this request with the conditions below. 4 CONDITIONS 1. Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the submitted site plan entitled "207209 SERVICE CENTER, A PROPOSED AUTOMOTIVE SERVICE FACILITY FOR SELECT AUTOMOTIVE," dated June 17, 2015 and prepared by GMF +Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit, the building shall be developed in substantial conformance to the two submitted renderings entitled "207-209 SERVICE CENTER, A PROPOSED AUTOMOTIVE SERVICE FACILITY FOR; SELECT AUTOMOTIVE," dated April 28, 2015 and prepared by GMF +Associates. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 4. No outdoor vending machines and/or display of merchandise shall be allowed. 5. No motor vehicle repairs shall take place outside the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 7. No outside storage of tires, parts, or equipment shall be permitted. 8. This Conditional Use Permit for an Automobile Repair Garage shall expire ten (10)years from the date of City Council approval. To continue the use of Automobile Repair Garage after such expiration, the applicant shall request a new Use Permit. EUROTECH SERVICE ( ENTER, L. ,.C. 'Agenda It; ..e.i -Pa= _4 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. EUROTECH SERVICE CENTER, L ;.C. f Agenda It :, 1 P 5 ,,. ,, . _ . , , to , 1: : r y ' ! N►E . . t , ��^ THGAIE , v 500 4 j .. 5; „ zu •-,. -,i,.. cops:::.. „.1. iit 4, . .. . ,,,,,...ci- I, \-,/ . a ,o, 1 \' 4\ ,.....- li at 3 6 i y ! OM, ' Y� 11 I t� �� a �- ' ' r • A E.fi r 3 �, - , i. _ w p r �; d !- 4`' - 'iai1 w ' p o P, Q Dir Jia 3 a . ,� M ti 1 d ,. AERIAL OF SITE LOCATION EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 , Page 6 , 1 ' \N! , ....., •„, , ••• ., i .• . \- ' f.-.,•4 • Itit 1' .....,_,, 4 , I 0. CC" ,.]:,-41 t / , t ' i • : , - ... . . _.. . ...,......, , 1 . . ; •I I h "4 , • i • 1 I , . . I i -., •-• • J ___ ,,.. . . • I 1". f,• 1 , • / .fr': 1 ,:i ---.., ' • , . • . i 1 k I . .. ., .-., ••' 1 -,,,": *.•• c„,) .•• ,..., , II ._. .... .. ,, :.z -- ,,, , • ,- ! •.' (4 . , •• 1 , ,,'---/ ••... .• _...--Li.: ... ' 7--'' *44' _ .•• ,,,,. ,-,4-4at , k , . ' ' • - 1 %:,. , •-'4,'• .- t4.,,. ....—: 1 • 4 ,• \ •••-• I 1 \ ...„ EXISTING STRUCTURE .,1-0i',--'tlir-:1:\ .1,.. EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 : li Page 7 • i i ri1 1T z p st a Q 3 _ ® NR 0 , •46........:: 4114 ON Mini- - -I LLt- ........ , 0 r r , 7r. ;_ • iã ' � , ' IIIIII‘-1 �-. • — "� , k <,li, z ` ®rte - _ ( P ‘___ I J y 3J A I i gilti / i 000000 PROPOSED BUILDING DESIGN EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 8 oc c :sfi, F; < L ii � Cs- - y , w ! , ,„: ,' c:::, „ , • c.i , ,,, JJ , o < 1.IP ilal I..L1` o1iY 1 m I II t L t} __ `` s , \ rl. :___ ______.,---.-,-,;-,,,,..` 8� 4 1 e_- 1 i I Y Q - ' � P y a6 a S 1 Z4 lift - i eso®®Q PROPOSED BUILDING DESIGN EUROTECH SERVICE CENTER, L.L.C. Agenda Item t Page 9 1 i i i 1 0 0 1 i R 1 lg gi g 9 2 .. - § . t i i 9, 8 r P b ,.!-., 1 '.' Z...- nI ..- i iCe•ORMON i '•,.Z '-----. ". III 1 .. ;•-_-, •,-_,-- 1 III i 1 el inmisol minim I — =„ 4 sC:4 W 1+ < I • 1 ( l _i 5 D. . . . ....4 , . f 1 rt:i Co , 0.4 iii 1 ,--0 - PROPOSED SITE LAYOUT .„., 1 4.sr\I-- ,,,,,,, ,,,,- • :,' ,e-,5;41 EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 10 ..•.:', - N ...AI i , ' -L . - OFF- E'OVEI .. t i - i ' _ Fes'"�PA.RKINC, " ' t '. ,� t . ' 4 . - OF•' ; "lil.14 - 1 _. _ ., re 411111111 ' �� ,. . i >- _l iY It'll -- .1.4.11Z Z i Ai W `" a t , , 7 111. 0 .,,,,,,T, (POI lik mil Ilia i.>. .., is At. r'. -,i..i!..,; 7 ;ii,i .5.. ::, '', 1 I _ t j . - ll-' , .... ! ,, ----- At lo a „,. ,, ga 1 ,, 44 . • I CLEVELAND ST. '"1 1 ft � � � OFF-SITE PARKING AVAILABILITY EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 11 ua + 1 a � 1 s 2 s + ,A e 3✓SYaiiN�l('. , -ow If.µ' I 0 n d 0J4 4 F, L co Q 2g S n d $ f to 2 apo /if 2 —t a 8 :" 4 ` 0 NI o R k - " " -J �1 S ' Q1 a v t o o v i 0 i ni N73 r C x ic os s s " L s �' a Q) a L Q co r O = I Fe. F tZ Q 7 i 2 1111, 6- jo, .,, „, t J H m 0- p .r .._ • i`.a.d5hd! IAV A 1611 Ee D N g R o a v Z aZ V.-- b ' 1? a Z . i''. ..n , ,i it,. N•yti37 NI i1 II x o ❑ ❑ " APPLICANT PROPERTY ACQUISITION MAP '4�1NIA••BE-4,,,,-N..... EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 12 BAYSI DE ,zap D-7 Eurotech Service Center, L.L.C. Map Not to Scale ; ,, i___ ____± B2 ___ 7311V1 4 /\'_ (•'\\o,,,___,-3-- 2111 i_ MIN--..MEMO 4 ADM/RAL WR/GWT RD _ __ /♦ � f�t IIIM liMM" 1 Iir1�s r-. �mo■■� ■ice 1 ��■�■i■ ■IMEI r��■ 91l1�r■ V — — , I ■�■tr■r� Q■`i MEOW ., J _ t `■"�: a ally■ i 14 a �m� <■— �immorrimmi t _ -I/ 0_4419 Z__ _ r W !m= CLEVELAND ST — ---f / ±iTtt .__, -- —_____ _..... 5__. i __ 1 _ . 6 i 1 _q___--- 'Zoning with Conditions/Proffers.Open Space Promotion CUP for Automobile Repair Garage APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 03/17/2015 CUP (Automobile repair facility) Approved 2 05/28/2013 CUP (Automobile sales) Approved 1 3 04/13/2010 CUP (Religious use) Approved 4 11/26/2002 STC Approved 5 11/14/2000 CUP(Bulk storage yard) Denied r i I ZONING HISTORY v_c, 4 EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 13 r i t, I I '3/4 ' •:*(16,' 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) 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 4 • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 /APPLICANT DISCLOSURE fl 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 Hanning Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING D/:IL. El NO CHANGES AS OF DAl E a REVISIONS SUBMITTED DAIS DISCLOSURE STATEMENT EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 14 mom ' ' r - other unincorporated organization,AND THEN,complete the fo ag.-' (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Eurotech Service Center,LLC:George E.Loizou,Manager • • (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 i and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aanikant. 0 Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 15 h � elr 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 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) ® 0 Accounting and/or preparer of McPhillips,Roberts,and Deans,PLC your tax return ❑ Architect/Landscape Architect/ GMF&Associates 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) 111ConstructionContractors M&M Contracting ElEngineers/Surveyors David Williams 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 EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 16 01.z .4-44400..gos x r a v' { Financing(Include current Monarch Bank- 'flo ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahem&Levy,PC Real Estate Brokers/Agents for Impera Commercial&Land Company ® ❑ 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 pri• • 'anning Commission, Council, VBDA meeting, or meetin• of an •u• c bod or corn ttee •nnection with this Application. George E.Loizou 41Z7h f_ APPU!'.-SIGNATURE PRINT NAME / DATE/ ,m ac.i��d 17[.r,�ct-+a SG 6:7/- }r (^��"l ci f7/ S PROPERTY OWNER'S SIGNATURE PRINT NAME J ATE 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 EUROTECH SERVICE CENTER, L.L.C. Agenda Item 1 Page 17 49Y! I EXECUTED the day of frfinfttir.,20 15 (THE EFFECTIVE DATE). /-V6Z4) Z ('Buyer') t) By: THE BANK OF HAMPTON ROADS('Setter') By: A;•.rized Signature Jl o.�LJ �� Title: �v r/ /"�" Printed Name: a ii tfv(s&1/ DISCLOSURE STATEMENT (Purchase Contract Signature Page) EUROTECH SERVICE CENTER, L ,.C. :Agenda It' n 1 Page 18 Item#1 Eurotech Service Center, L.L.C. Conditional Use Permit 207-209 Pennsylvania Avenue District 4 Bayside July 8, 2015 REGULAR Jeff Hodgson: The Secretary will now call the first item. Phil Russo: Mr. Chairman,the first matter on the agenda is application#1, Eurotech Service Center, L.L.C.; An application for a Conditional Use Permit (automobile Repair Garage)on property located at 207-209 Pennsylvania Avenue, District 4, Bayside. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Russo. Mr. Chairman and members of the Commission, again for the record, I'm Eddie Bourdon,a Virginia Beach attorney representing the applicant. Mr. George Loizou is here this afternoon,along with a project architect Chris Elam. Let me try and be brief as I know this was on the consent agenda. Back in February when we were here,and as Kevin Kemp advised this morning, Mr. George Loizou has been attempting to assemble properties in this area for future redevelopment accordance with the Strategic Growth Area Plans, which are obviously a few years down the road. We came forward with a Use Permit for this Use on property to the north, and as it was getting approved by Council in March, the opportunity came up for this applicant to acquire a large parcel adjacent to the site. This happened earlier this year, in May, and thus, an opportunity to do a better development,and not this particular Use. He has subsequently moved that Use down to the subject piece of property. The other thing that didn't get discussed at the informal this morning, is that a substantial portion of the work that will be done in this facility are for my client's own vehicles for sale. It is available to the public, but we are quite confident a large percentage for the Use will be on their own vehicles. All eight of the conditions are acceptable to my client, recognizing the 8th one being the 10 year limitation on the Use. Obviously there is an investment being made on this piece of property, and it will be an improvement to what is there today. As discussed this morning,we have no issue and it makes perfectly good sense, that the employee parking would be on the vacant lot that the applicant owns a couple of properties north of the subject site. Before this item goes to the City Council, we will remove the notation on the plan of employee parking at the rear of the site, along the sides of the building. As you all seem to discuss this morning,there is certainly room for someone to pull in whose for their car to be serviced, but the other thing I want to mention is the circulation. Cars that are serviced inside the building,will enter on the north side and exit out to the south. There is plenty of room inside the building for vehicles to be parked and serviced. There is also the ability to stack vehicles that are being worked on the outside because the applicant will have the keys and the cars will be under the control of the business. So,we absolutely don't believe there is going to be any substantial problem with regard to parking, primarily because a large percentage of the vehicles will be our own vehicles to begin with.The eight conditions are acceptable to my client and I'll be happy to answer any questions that anyone may have. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you. Phil Russo: The first speaker in opposition is James DeLutis. Item#1 Eurotech Service Center, L.L.C. Page 2 James DeLutis: Thank you. My name is James DeLutis. I own the property adjacent to the property in question, and the issue I have is parking, because the side of my building faces the front of this facility. Now, I've read through the report and it says it requires five parking spaces.Well, one is a handicap space in the front,and they are putting two parking spaces all the way down the two driveways down on the end,which are 20-feet wide with walls on each side. Now, I understand a normal parking space is probably 10 feet wide, but you have part of the next space to open your door. I don't see how you're going to function with two parking spaces on each one of those driveways,with a wall on each side of the two parking spaces. Secondly, Mr. Bourdon just stated that they'll probably use the driveway to store cars,which eliminates the use of those parking spaces,which means people are going to park across the street and leave their cars on the side of my building. I had this issue 15 years ago when the building that is now Hydro hose directly across from me, was a towing and repair company. The whole place was full and there was no place to park so people parked across the street. I was almost having physical confrontations every day. As it is now, I have a building to the north of me that is a 3,000 square foot facility that has way too many vehicles for his parking lot. Parking is a huge issue. I bought a building with 20 something parking spaces. If people want to run a business in this area, and I am all for business and people doing what they need to do,they need to invest in the facility and have the ability to have enough parking for the people that come in and out. I don't see how two lots up the street solves anything. Do customers know, hey, I can park up the street and walk down? They are not going to do that. So, I have huge opposition to this. I see it being a major problem that this place has one parking space in front of it, and it is a handicap space. So, I am going to leave it at that. Thank you very much. Jeff Hodgson: Are there any questions for Mr. DeLutis? Ross Brockwell: Go ahead. Jeff Hodgson: Mr. Brockwell. Ross Brockwell: After Phil. Phil Russo: Sir,you're saying that right now, as it is currently situated,you have a problem with the parking in this area? James DeLutis: It is already a problem. I have Superior Services next door to me. We worked things out equitably, but he's got probably 8 or 10 vehicles that are there every day, and then he's got a fleet of vehicles that come in and out. That's been a problem. Phil Russo: How many vehicles park there currently? James DeLutis: At which? Phil Russo: The subject site. James DeLutis:The new site? Phil Russo: Yeah.At the site. Item#1 Eurotech Service Center, L.L.C. Page 3 James DeLutis: Across the street where they are proposing? Nobody parks there right now. It is not developed. Phil Russo: Okay. I thought you said ... James DeLutis: No, I was talking about my next door neighbor.There is a huge parking issue in that business district right now. There are a lot of small buildings that only have parking for basically four spaces in the front,which in a lot of cases all that is required, but they have more than enough people to fill those, so they have to double them up or find other places to park. Phil Russo: Okay. Have you had a chance to speak with the applicant about this? James DeLutis: I have not. Phil Russo: Okay. Do you know who he is? James DeLutis: No I don't. Phil Russo: Okay. I suggest that you talk to him and work out something. I am sure this is a problem that he probably understands, and I'm sure he wants to be a good corporate citizen. I assume if you talk to Mr. Bourdon also, he will be able. James DeLutis: I am just saying,that if we look at this realistically, I don't see where there is going to be parking in front of the building. It is not going to be adequate for customers or people to come in and out or even leave cars. If they leave cars in the two driveways like they are proposing,there is no parking left. So,where do people park if they are open from 7:30 in the morning until 5:30 at night. Realistically, have you ever seen a car repair shop that doesn't have cars in and around it all of the time? People drop them off,and pick them up, whether they are their own cars or not. It is a constant in and out situation.That is what the auto business is about. I just don't see how five spaces,even though that is what is mandated, are going to work. Jeff Hodgson: Mr. Brockwell. Ross Brockwell: I was just going to ask. By any chance did you come to the informal session this morning? James DeLutis: No. Ross Brockwell: Just to let you know,we had a pretty lengthy discussion about this. James DeLutis: I didn't have a chance. Ross Brockwell: We all appreciate the parking issue. We spent the majority of our time on this item talking about the issue. One particular aspect of it, if I understand correctly,outhere now are not compliant, as you back out into the right-of-way; so, my understanding is with redeveloped something has to happen to those spots anyway. So,change in the parking is going to come if that is redeveloped. Item#1 Eurotech Service Center, L.L.C. Page 4 We spent a good deal of time talking about what we can do to mitigate your concern and what might happen functionally when this is done. I think a couple of things made us feel better about it. Satellite parking is one but we understand what your position is. James DeLutis: Satellite parking, I understand is for the employees. But if somebody is coming in and out,they don't know there is satellite parking. They don't know they are going to have to walk a 150 feet down the street to come in and out. Ross Brockwell: Right, right. We understand. Mr. Bourdon said they were immediately agreeable to changing the designation of the parking spaces at the rear and trying to work something out functionally. They're aware of your concern too. We were reassured by the fact that they immediately spoke up and said they want to be good neighbors. I'm pretty confident myself,that something can be worked out to make this functional. As far as project goes, it is a good redevelopment,and is identical to something we approved earlier. James DeLutis: I just don't want a repeat of what I went through years ago because it was literally almost every day I almost had a physical confrontation. I don't understand how people will know that you can't park at a facility and then walk across the street to a different facility. It is one thing if it was in a strip mall,you park in front of someone else's store and walk down to this one, but when you park across the street at a different business and walk across to another one,you have to know you're doing something wrong. Then you go out and protect your interest and you're being the one that's demonized. Ross Brockwell: We understand. I just wanted to reassure you. James DeLutis: I see the issue coming up, and I need to address it. Ross Brockwell: And we're pretty confident that your neighbors doesn't want to see that problem either, so I think the way things are written and conditioned,we have confidence that functionally it will work. That is why we put it on consent agenda. I just wanted you to know that we're not dismissing your concerns and have spent some talking about it. James DeLutis: I appreciate it. Bob Thornton: Can you take the pointer and point to where your building is located?You are across the street? James DeLutis: This is my building right here. Bob Thornton:The square building on the corner? James DeLutis: This one on the corner of Pennsylvania and Cleveland. Bob Thornton: So,you have parking. James DeLutis: I've have parking all the way across the front and side of my building. I have parking in Item#1 Eurotech Service Center, L.L.C. Page 5 this alley. This is Superior Services, who has a fleet of vehicles. Normally they take them home but during the day and there are at least eight cars parked in front of that. There is a full complement of cars because I have a staff of 20-22, so my parking lot pretty much stays full. Right now,what they are proposing is two spaces all the way at the very end of it. These alleys, and one handicap space in the front. I don't see how that is even going to be viable. Bob Thornton: Well, how did you resolve the problem? Do you mark your spaces employees only, or do you notice the public that this is just not public parking? Did you do that before? James DeLutis: I don't really have a problem with people not knowing because it is a stand-alone building. Basically from this alley this way, is all our parking area. It is all lined. There is no other real reason for anybody to park and go anywhere else because it is business district. It is not retail or anything like that. It is not as if people are parking and walking around and shopping for the day or anything. Bob Thornton: But you have adequate parking for your business as it stands today? James DeLutis: Yes, I do. Bob Thornton: And your concern is? James DeLutis: I am one of the few that does. When this guy here, across the street from me had a garage,they had all kinds of cars. People were parking over here and walking across the street because his lot was full. I had issues with these guys next door when they used to keep all of their trucks because they would come in the morning and park down the side of my building. My people would come to work and couldn't park. He actually changed his hours so he starts at 7:00 so they are usually in and out before we get there, and that works. Bob Thornton: I feel like Commissioner Brockwell. I think this area in the next ten years is going to go through a lot of redevelopment in the next ten years. You' are going to see these parking issues resolved when older buildings torn down. I think it is something that you certainly have the right to post your own property. James DeLutis: Absolutely. Bob Thornton: When people start encroaching in your parking spaces you can police it as best as you can, but we have to deal with this matter and give this application due process, and let this guy get on with building a new building, and creating a new business there. I feel like the applicant is going to be a responsible citizen and do what he is supposed to do. And if not, I would recommend you meet with him,talk to him and let him, know your concerns before that building comes down. James DeLutis: Is the building being rebuilt or is just getting a new facade? Bob Thornton: I'm not a 100 percent sure. Is it going to be torn down or redeveloped? Kevin Kemp: It is just a facade renovation. i II Item#1 Eurotech Service Center, L.L.C. Page 6 Bob Thornton: Okay. Thank you. Kevin Kemp: If the whole building was being torn down,then they would then have to reevaluate the site, have a full site plan review and accommodate parking differently. This is just a renovation. Jeff Hodgson: Just to kind of tag along what Bob said, if one of their customers parks in your spot and you have the first car towed,that customer goes back to get their car and finds out that it has been towed, I would like to think that the owner of that business is going to do everything he can to let his customers know not to park there. James DeLutis: You know that is going to create issues. The issue is that it is going to create issues. Jeff Hodgson: Yeah. James DeLutis: And now that burden is put on me. Jeff Hodgson: I understand. James DeLutis: I didn't create this part of it, but now I have to respond to it.There is no easy fix at that point. It is like a parking ticket. Hey, I was only gone five minutes but it doesn't matter,the tickets were in and your car is gone. The issue came with my next door neighbor until I blocked in some of his vehicles to where they couldn't get out and go to work. It wasn't a big deal until it started costing him money. When it was costing me money and my people couldn't get to work because they couldn't park in my parking spaces, it wasn't an issue for him. And that is the issue I see having with this. Until cars start getting towed, and people start getting ticked off, nothing is going to get done. I would like to avoid that. Jeff Hodgson: I understand. James DeLutis: Based on what you're telling me I don't think we are going to be able to avoid that because they only require to have five spaces. They are showing you where they are. I'm telling you that they are not going to work. Eddie stood right here and said they are not going to work because they are going to park cars in the alleyway. So, now there are no parking spaces. Jeff Hodgson: Are there any other questions? Thanks. James DeLutis: Thank you very much. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: There is nobody who has a greater investment in this area than Mr. Loizou. Mr. Loizou, will be happy to talk to Mr. DeLutis outside when we're done. He is not going to have a problem with George. If you look at page 12 in your write-up,you will see the subject property down the bottom of that exhibit,then just to the north you see the vacant lot that he owns, as well as the property to the west that he has under lease agreement, and the property across the street,all of which he has control of, all of which are parking. He can park 100 cars in these lots that he owns or has under long term Item#1 Eurotech Service Center, L.L.C. Page 7 lease. On site, there two 22 foot wide x 125-foot long drive aisles and this is not a shopping center. This is where people drop off their car. Again,George hopes that he has lots of outside customers, but he knows he has a lot of his own vehicles to deal with. Those who drop their vehicles off typically are going to leave and come back.They could stay but what happens you control the vehicles is that you can stack cars that are waiting to be services in those two drive aisles, even staying out of the green area that we are creating, roughly 21-cars can be stacked there. Eight cars will be inside the building being potentially serviced or waiting to be serviced. There are not eight bays but there is room to park eight vehicles inside the building. He has more parking than anybody out there. Again,we're not going to argue. I've got pictures of gentleman's property and he's got cars parked all around. I'm sure they are all employees perfectly good. But Mr. Loizou is not going to be a problem for this gentleman because he has all the parking, and then some,that is necessary for them. Four or five people come drop a car off,to get worked on. They can move the cars down and park them at the lot until they need, or if they don't have room, in the building itself. All the service takes place in the building.So, because Mr. Loizou is assembling properties in this area, he couldn't be a better person to be proposing this facility. Any questions, I'll be happy to answer them. Jeff Hodgson: Are there any questions for Mr. Bourdon? Eddie Bourdon:Thank you all very much. Jeff Hodgson: Thank you. We will not close the public hearing and open it for discussion amongst the Commissioners. Would anybody like to start? Mr. Brockwell. Ross Brockwell: If no one has anything, I'll start,and I'm prepared to make a motion to support it. I just want to say again, I think your concerns Mr. DeLutis were well recognized and well discussed. I think the merits of this project, besides from that issue, are many. It is an aesthetic improvement. It is revitalizing a vacant building. It's consistent with our approach to the Comprehensive Plan, and I have every confidence that the owner has as much interest as anyone in being a good neighbor and making it work; so, I think there is every reason to support it. Unless we want to discuss it more, I'm prepared to make a motion to approve the application. Jeff Hodgson: Is there anybody else? Would anyone like to make a second? Mike Inman: I will only say that I certainly support it, also for the reasons that have been stated before. I think it is unfortunate that the gentleman,the neighbor did not take it upon himself to have a conversation with the applicant or his attorney. I think it is a good thing that he did come down and make his concerns known. I'm sure that he has been heard, and I feel like when we heard about the applicant, his concerns will not materialize. I'm willing to support the motion to approve,which hasn't been made yet. I'll make one. Ross Brockwell: I'll make it. Thanks Mike, I appreciate it. Mr. DeLutis,you should be pro-active about this, and I think the owner has the same feeling; so, now that we talked about it,you have every opportunity to do so, and work it out. With that being said, I move we approve this application. Jeff Hodgson: A motion made by Commissioner Brockwell. Is there a second? Item#1 Eurotech Service Center, L.L.C. Page 8 Mike Inman: I'll second it. Jeff Hodgson: A second made by Mr. Inman. Before we vote, I would appreciate it if Mr. Bourdon would make an introduction between the two parties. That would go a long ways. So,a motion made by Commissioner Brockwell and seconded Commissioner Inman. We're ready to vote. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Eurotech Service Center, L.L.C. Jeff Hodgson: Thank you. - - I • / / ,,' 1 &l 9 pc1 1 • E_�I - _a -a - ,.. Fr El-2 l' , -, l CU �' _Ne — 3AV VJH,1!)OS � r 'tZ o w /=,... o 1_,1 — ,� _� 'I Ii . 1 ci) D r- w w� Clii 1_1:L2 L= I , 0 Li Q. ' A ._ _ . •,... I_ : 1 , 7 ' __ ] ,.., , _ u �„ �� a ` 3AV VI N VA-I AS N N 3 d 40) -(,) 14_,D illi [-:. 1, . 7---kt ,,k , J--- .1 5 I ii - _____,__",.. Sh. , u j L H. i .ILO -Crir y i IN ■■ . _ = __ a 3AVA3sZr3r 1 i MR1 1 I 11 Illiiilli 1 I F la.?......), Im irpillillillp trE 1 1„1,, i to m . •---- ——� N7 NN30 NE111.7.1 oa a 1 I al 4. - ---______---:1—' V',:::: 1.�' ril 1; tu -_-_ _ -" olio j,, =`-� V ta � � N i I [ g nen. S! „:,::_,,r,=..,,,7„ , , , ,,=.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 901 of the City Zoning Ordinance to Add Group Homes as a Conditional Use in the B-4 Mixed Use District. MEETING DATE: August 4, 2015 ■ Background: A "group home" is any type of congregate living, such as a homeless shelter, where the occupants do not meet the City Zoning Ordinance definition of "senior housing" or "family." Group homes are currently allowed with a Conditional Use Permit in the Residential, Apartment, and Agricultural Districts. The requirement for a Conditional Use Permit provides an opportunity for review of the specifics of such a proposal and the addition of appropriate conditions as necessary based upon that review. • Considerations: The proposed amendment to the Zoning Ordinance adds "group home" as a conditional use in the B-4 Mixed Use District. Since the B-4 Mixed Use District allows for both commercial and residential land uses, "group home" is an appropriate land use with the issuance of a Conditional Use Permit. There was no opposition to the proposed amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend adoption of the amendment to the City Council. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme tit. f; City Manager: k , �'� li I 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE TO ADD 3 GROUP HOMES AS A CONDITIONAL USE 4 IN THE B-4 MIXED USE DISTRICT 5 6 Section Amended: § 901 City Zoning Ordinance 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 901 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 9. BUSINESS DISTRICTS 18 19 20 21 Sec. 901. Use regulations. 22 23 (a) Principal and conditional uses. The following chart lists those uses 24 permitted within the B-1 through B-4K Business Districts. Those uses and structures in 25 the respective business districts shall be permitted as either principal uses indicated by 26 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 27 shall be prohibited in the respective districts. No uses or structures other than as 28 specified shall be permitted. 29 B- B- B- `B- 'B- B- B- Use 1 1 A 2 3 4 4C ` 4K { Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) PPPPPCC square feet Group Home XXXXCX X COMMENT This amendment will allow Group Homes as a conditional use only in the B-4 Mixed Use district. Group Homes include homeless shelters and related uses. 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: (4AL \ 64i, I.� %� ,. / J/rC r -la ping Department City Attorney's Office CA13362 R-1 May 18, 2015 2 Item#11 City of Virginia Beach An Ordinance to Amend Section 901 of the City Zoning Ordinance to Add Group Homes as a Conditional Use in the B-4 Mixed Use District. July 8, 2015 CONSENT A "group home" is any type of congregate living, such as a homeless shelter,where the occupants do not meet the City Zoning Ordinance definition of"senior housing"or a "family."A group home requires a conditional use permit where specifics of such a proposal can be reviewed and appropriate conditions attached.This amendment adds a "group home"as a conditional use permit option in the B-4 Mixed Use District. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 11 by consent. Stephen White appeared before the Commission. L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION THE PLANNING COUNCIL PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 8/4/15 st 1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 07/14/2015 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 YL N A 0 0 OR S 0 R E E ENS NMI 00 T R YS E S DS NND CITY COUNCIL BRIEFINGS A. AFRICAN-AMERICAN Council Lady Dr. CULTURAL CENTER Amelia Ross- Hammond B. SEA LEVEL RISE DISCUSSION Councilman John Moss C. HUMAN RIGHTS Cliff Rice,HRC Chair COMMISSION(HRC)ANNUAL REPORT Il. CITY MANAGER'S BRIEFINGS Jack Whitney, A. PENDING PLANNING ITEMS Director-Planning IIUIVN/ CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V I-E A VI-F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y July 7,2015 T A N E D G/H MAYOR'S PRESENTATIONS Carolyn Caywood, 1. 25TH ANNIVERSARY OF THE Member,Mayor's AMERICANS WITH DISABILITIES Committee for ACT Persons with Disabilities 2. GFOA EXCELLENCE IN Patricia Phillips, FINANCIAL PLANNING Director-Finance PUBLIC HEARING NO SPEAKERS LEASE OF CITY-OWNED PROPERTY a. 1011 Atlantic Avenue—Open Air Café J-1 Ordinance to GRANT a Franchise ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement with Moliar Liquid Assests 2 CONSENT re an Open Air Cafe at 1101 Atlantic Avenue DISTRICT 6-BEACH 2. Ordinance to AUTHORIZE DAVID L. ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y AND KAY D.KAUFMAN temporary CONSENT encroachments patio/walllblockwall re a basketball goal at 82nd Street and Ocean Front Avenue DISTRICT 5-LYNNHAVEN I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 07/14/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A 0 0 OR S 0 R E E ENS NMI 00 T R YS E S DS NND 3 Ordinance to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE$906,662 CONSENT from the Federal Highway Admin re traffic safety improvements/ TRANSFER$226,666 re a local grant match(Shore Drive Bike project) 4 Ordinance to ACCEPT a Cooperative ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y Agreement between City Council/School CONSENT Board re legal services for FY 2016 K-1 OCEANA SOUTH COMMERCE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CENTER Variance to the Subdivision CONDITIONED,BY Regulations,to create a new lot at 2509 CONSENT Squadron Court DISTRICT 3-ROSE HALL 2 DAVID S./TERESSA A.ITALIANO APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re bulk storage at 1417 London CONDITIONED,BY Bridge Road CONSENT DISTRICT 3—ROSE HALL 3 WILLIAM FELTS-LAND TECH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y RESOURCES,INC/KYLE ELLIS- CONDITIONED,BY ENTERPRISE HOLDINGS CUP re CONSENT motor vehicle rentals at 1845 Laskin Road DISTRICT 6—BEACH 4. HAPPY BOXES LYNNHAVEN, 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/JLB PROPERTY ASSOC: a. Resolution to AUTHORIZE a APPROVED, BY limited waiver of the height CONSENT restriction b. A CUP re self-storage at South APPROVED/ Lynnhaven Road/Sabre Drive CONDITIONED,BY DISTRICT 3—ROSE HALL CONSENT 5 PINEY GROVE BAPTIST APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHURCH/MILLARD F. CONDITIONED,AS REID/CHARLES FREDERICK AMENDED REID/JACQUELINE S.PRATT CUP re expansion of a Chruch at 2804 Holland Road/2821 Bald Eagle Road DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 07/14/2015 PAGE: 3 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 L. APPOINTMENTS RESCHEDULED B Y CONS ENS U S BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD— CSB VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION CLEAN COMMUNITY 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Tyler Midgett Appointed: Unexpired Term thru 03/31/2017 PARKS and RECREATION 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Jo Anne Young Appointed:3-year term 09/01/2015—08/31/2018 PUBLIC LIBRARY BOARD 11-0 Y Y Y Y Y Y Y Y Y Y Y Helena M.Gourdine-Thrope Appointed:3-year term 09/01/2015—08/31/2018 Merrilu P.Ablowich Reappointed:3 year term 09/01/2015—08/31/2018 M/N/O ADJOURNMENT 8:09 PM