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AUGUST 18, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 01.1 .1 3E,40 WILLIAM D.SESSOMS,JR.,At-Large CSL VICE MAYOR LOUIS R.JONES,Bayside-District 4 tC M BENJAMIN DAIENPORT At Large 11.4044-- ROBERT M . k44-ROBERTM DYER.Centerville-District 1U c , Ir BARBARA M.HENLEY,Princess Anne--District 7 t a SHANNON DS KANE,Rose Hall—District 3 �_ JOHN D.MOSS,At Large s 4-; AMELIA ROSS-HAMMOND,Kempsville-District 2 `J o ods JOHN E. UHRIN,Beach--District 6 "`' ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER--./AMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CI7'YATTORNEY- MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—.IERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR—LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com C17'Y CLERK RUTH HODGESFRASER,MMC 18 August 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. OFFSHORE ENERGY Robert Matthias, Assistant to the City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 2. Acquisition and Condemnation of Property Indian River and Kempsville Roads 3. Sale of Restrictive Easement (Brenneman Farm) North Landing Road J. ORDINANCES/RESOLUTIONS 1. Ordinances to DESIGNATE Exemptions from local real and personal property taxes: a. Forever-Home Sanctuary, Inc. b. Let's Open Doors 2. Ordinance to AUTHORIZE acquisition of the right-of-way for Indian River and Kempsville Roads intersection improvements and ACQUIRE temporary or permanent easements by Agreement or Condemnation re changes to previous authority granted March 17, 2015 3. Ordinance to DECLARE, under the Encroachment Partnering Agreement, a restrictive easement for property off North Landing Road in the Interfacility Traffic Area(ITA) to be EXCESS and AUTHORIZE its sale to the United States Navy 4. Ordinance to AUTHORIZE acceptance of any interest the Development Authority may have in London Bridge Creek to the City of Virginia Beach; and,GRANT permission to 2798 DEAN, LLC to encroach into a portion of London Bridge Creek 5. Ordinance to AUTHORIZE revisions to the Housing Choice Voucher Administrative Plan re persons with intellectual and developmental disabilities and Homeless assistance; and, the City Manager to submit the Plan to the United States Department of Housing and Urban Development (HUD) 6. Resolution to AUTHORIZE EMS Permits re private ambulance service: a. Delta Medical Transport, Inc. b. Heart Song Care Transport, Inc. 7. Resolution to APPOINT Jennifer Farr-Brewer as Deputy City Clerk II, effective August 22, 2015 8. Ordinances to ACCEPT and APPROPRIATE: a. $2,600,000 to purchase 2272 Old Pungo Ferry Road from Pitsilides Land Trust, re open space preservation b. $192,100 in donations to VB HomeNow Foundation through Housing and Neighborhood Preservation re: the Housing Resource Center c. $65,000 from Virginia Criminal Justice Services to Police re internet crimes against children d. $400 from the Fire Gift Fund re to Fire Station Nine K. PLANNING 1. VICTORIA PARK HOMEOWNERS ASSOCIATION, INC for Closure of the right-of-way known as Guernsey Way re open space DISTRICT 7 —PRINCESS ANNE RECOMMENDATION DENIAL 2. STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC for Modification of Conditions of a Conditional Use Permit re expansion of a Tattoo Parlor(approved May 11, 2010) at 512 South Independence Blvd DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVAL 3. 2798 DEAN LLC, for a Conditional Use Permit re bulk storage at 2798 Dean Drive DISTRICT 6—BEACH RECOMMENDATION APPROVAL 4. FUN SPOT AMUSEMENTS, LLC, for a Conditional Use Permit re inflatable outdoor recreation at 304, 306 and 308 22nd Street. DISTRICT 6 —BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 5. LARAE TUCKER and KRISH ENTERPRISES,LLC, for a Conditional Use Permit re a convenience store and fuel sales at 300 South Rosemont Road DISTRICT 6 —BEACH RECOMMENDATION APPROVAL 6. PF HILLTOP and REGENCY HILLTOP ASSOCIATES, LLP for a Conditional Use Permit re a gym and fitness center at 1944 Laskin Road DISTRICT 6—BEACH RECOMMENDATION APPROVAL 7. MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form-Based Code re a commercial building at: a. 1602 Atlantic Avenue b. 2904 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION APPROVAL 8. CITY to AMEND Section 111 of the City Zoning Ordinance (CZO) re Definition of Family Day- Care Home RECOMMENDATION APPROVAL 9 II L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY— SPSA THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 8/18/15 st I. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. OFFSHORE ENERGY Robert Matthias, Assistant to the City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 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 Randy Singer, Pastor Trinity 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 August 4, 2015 G. FORMAL SESSION AGENDA 1.CONSENT AGENDA H. MAYOR'S PRESENTATION 1. "A Note of Gratitude" Daniel Young, 2015 Keynote Speaker Mayor's Youth Leaders in Action I I. PUBLIC HEARINGS 1. Property Tax Exemptions a. Forever-Home Sanctuary b. Lets Open Doors c. LZ Grace Warrior Retreat Foundation 2. Acquisition and Condemnation of Property Indian River and Kempsville Roads 3. Sale of Restrictive Easement (Brenneman Farm) North Landing Road I r": -''' '';4"-, te,',i''' 'A> .y;, 4,.`•!.-,77,7,, U >,Y� Ck r yM .4? '-'.^. im' NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday, August 18, 2015 at 6:00 PM in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach,Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and personal property taxes (rounded to the nearest dollar): Forever-Home Sanctuary, Inc.has a real property assessment of$0 and taxes assessed at$0 and tangible personal property assessment of $1200 and taxes assessed at$48; Lets Open Doors has a real property assessment of $0 and taxes assessed at$0 and tangible personal property assessment of $280 and taxes assessed at$11; LZ Grace Warrior Retreat Foundation has a real property assessment of $706,400 (3 properties)and taxes assessed at $6570 and tangible personal property assessment of $0 and taxes assessed at$0. Copies of the proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disable or visually impaired and need assistance at this meetin please call 385-4303; heari mpaired, call Virginia Relay at -800-828- 1120. Ruth Hodges Fr , MC City Clerk 3eacon:August 9,2015. 4II I i„>, Vis, J PUBLIC HEARING .. ACOUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a second PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of right-of-way and temporary and permanent easements necessary for the Indian River Road and Kempsville Road Intersection Improvements Project(CIP#2-418), Tuesday,August 18,2015 at 6:00 PM.,in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach,Virginia. The plans for the project are entitled:"INDIAN RIVER ROAD AND KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS C.I.P. 2-418.000” and are on file in the Public Works Department, Engineering Division, File Room. The purpose of this second hearing will be to obtain public input regarding authorizing condemnation,if necessary,for this project as some easements have changed or been eliminated since the first Public Hearing was held on March 17,2015. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning thi• hearing should be directed to e Real Estate Office, Bui`.in: #2, Room 392, at the lirgi I. Beach Municipal Center, 75')31,.-4161. Ruth Hodges Fra•e C City Clerk Beacon:August 9,2015 1 1 II ,Y-tN ��H ,. l r ,i) PUBLIC HEARING SALE OF FOSFMFNT OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of a restrictive easement to the United States Navy over City-owned property in the Inter-facility Traffic Area (ITA), Tuesday, August 18, 2015 at 6:00 p.m., in the Council Chambers of the City Hall Building (Building #1) Municipal Center, Virginia Beach, Virginia. The properties to be subject to the easement are (by location, GPIN, approximate size): Formerly Brenneman Family Limited Partnership (commonly known as the "Brenneman Farm") property, North Landing Road, 1483-95- 6756, (Acreage: approximately 186.4 Acres) This hearing will be to obtain public input to determine whether this easement restricting uses should be declared "excess of the City's needs." If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed the Office of Real Estate, unicipal Building#2,Room 9 757)385- 4161. Ruth Hodg er,MMC City Clerk Beacon:August 9,2015 J. ORDINANCES/RESOLUTIONS 1. Ordinances to DESIGNATE Exemptions from local real and personal property taxes: a. Forever-Home Sanctuary, Inc. b. Let's Open Doors 2. Ordinance to AUTHORIZE acquisition of the right-of-way for Indian River and Kempsville Roads intersection improvements and ACQUIRE temporary or permanent easements by Agreement or Condemnation re changes to previous authority granted March 17, 2015 3. Ordinance to DECLARE, under the Encroachment Partnering Agreement, a restrictive easement for property off North Landing Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE its sale to the United States Navy 4. Ordinance to AUTHORIZE acceptance of any interest the Development Authority may have in London Bridge Creek to the City of Virginia Beach; and,GRANT permission to 2798 DEAN, LLC to encroach into a portion of London Bridge Creek 5. Ordinance to AUTHORIZE revisions to the Housing Choice Voucher Administrative Plan re persons with intellectual and developmental disabilities and Homeless assistance; and,the City Manager to submit the Plan to the United States Department of Housing and Urban Development (HUD) 6. Resolution to AUTHORIZE EMS Permits re private ambulance service: a. Delta Medical Transport, Inc. b. Heart Song Care Transport, Inc. 7. Resolution to APPOINT Jennifer Farr-Brewer as Deputy City Clerk II, effective August 22, 2015 8. Ordinances to ACCEPT and APPROPRIATE: a. $2,600,000 to purchase 2272 Old Pungo Ferry Road from Pitsilides Land Trust, re open space preservation b. $192,100 in donations to VB HomeNow Foundation through Housing and Neighborhood Preservation re: the Housing Resource Center c. $65,000 from Virginia Criminal Justice Services to Police re internet crimes against children d. $400 from the Fire Gift Fund re to Fire Station Nine 1 11 r -,, '1 ,1Y,R uFnrF., i-« 1; tom. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinances to Designate Forever-Home Sanctuary, Inc. and Let's Open Doors as Being Exempt from Local Property Taxation MEETING DATE: August 18, 2015 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008. 1 • Considerations: The Commissioner of the Revenue has received three applications for tax exemption by designation. The Commissioner has reviewed the applications and finds each meets the City Council policy for Tax Exemption by Designation. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for this item will be held on August 18, 2015, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (2); Commissioner of Revenue Summary of the Application (2); Disclosure Forms (2) Council Policy Recommended Action: Approval of Ordinances Submitting Department/Agency: Commissioner of the Revenue, City ManagIL....7tri,_ 1 AN ORDINANCE TO DESIGNATE FOREVER-HOME 2 SANCTUARY, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Forever-Home Sanctuary, Inc.; 8 9 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Forever- 13 Home Sanctuary, Inc. as a charitable organization within the context of§ 6(a)(6)of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Forever-Home Sanctuary, Inc. located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Forever-Home Sanctuary, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Forever-Home Sanctuary, Inc. shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1,2019, Forever-Home Sanctuary, 31 Inc. shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d)that Forever-Home Sanctuary, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner oft e Re finue • A ttorn- 's Office CA13402/R-1/July 10, 2015 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Forever—Home Sanctuary Inc. (FHRC) 4937 Broad Street Virginia Beach, VA 23462 Website : www.foreverhomerehabcenter.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Forever Home Rescue & Rehabilitation Center is an organization whose mission is to rehabilitate dogs that are misunderstood due to severe behavioral issues. Founded in 2009, the organization rehabilitates euthanasia-destined dogs living in east coast shelters or homes that appear to have unsolvable behavioral problems. The group restores hope and proves that most dogs can indeed be rehabilitated with training, proper socialization, and placement in loving, understanding homes. FHRC provides the tools, guidance and skills necessary to achieve balance. TAX IMPACT Business Property: Assessment: $1200.00 Tax: $48.00 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—December 11, 2011 1 I DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 /.APPLICANT DISCLOSURE Organization name: orC ' -s SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n E' Accounting and/or preparer of your tax return Financial Services (include ��(5r�g� lending/banking institutions and current mortgage holders as (�1ec i applicable) 54 Legal Services zBroker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Ilen Lo key G9/`1? PS" � N APPLICANT'S SIGNATURE - PRINT NAME DATE i 1 l DISCLOSURE STATEMENT FORM 4 0 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Let's Open Doors SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of `�' Icy1ncL )(ow/1 epi. ,4i1 your tax return Financial Services (include [NT Fl lending/banking institutions and }PM - current mortgage holders as applicable) 1 J Efl Legal Services in 7 Broker/Contractor/Engineer/Other r 17 N Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. .IG(''G A.Z. )-Arir a_ C-A/z_ H. Mc 77-b4.A 7/i /S" APPLICANT'S SIGNATURE PRINT NAME DA E I 11 1 AN ORDINANCE TO DESIGNATE LET'S OPEN DOORS AS 2 BEING EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Let's Open Doors; 8 9 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Let's Open 13 Doors as a charitable organization within the context of§6(a)(6)of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Let's Open Doors located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Let's Open Doors for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Let's Open Doors shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Let's Open Doors shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Let's Open Doors cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF IENCY: 1 / Commi-sioner of the Reve. e A .r - ' Office CA13403/R-1/July 10, 2015 i II I I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Let's Open Doors 115 88th Street(office use only) Virginia Beach,VA 23451 WEBSITE: http://letsopendoors.net/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Let's Open Doors is a public education and advocacy campaign founded by Drs.Louis and Gail Mottola. Their mission is to support the civil right of equal access for persons with disabilities and the aging population by advocating the accessibility of all entry doors. By joining with other organizations,profit and non-profit,together with individuals and public entities,Let's Open Doors strives to influence the voluntary alteration of entry doors to comply with guidelines of the 1990 American Disabilities Act. The organization promotes public education and solutions to providing equal access of goods and services by emailing,printing and sending postcards or brochures to businesses. They show businesses how to alter their doors for as little as $140.00; free installation is included and provided by the sheriff's office. These simple alterations offer easy access for people with disabilities,the elderly,and those with limited strength in the upper body and/or limited use of their hands. TAX IMPACT Business Property Assessment: $280.00 Tax: $11.20 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—September 11, 2014 i 11 I DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: L Z Grace Warrior Retreat Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: PROVIDER (use additional sheets if YES { NO SERVICE needed) n Accounting and/or preparer of your V,\ , ;.. 5c "t i►� C tax return Financial Services (include �� -- lending/banking institutions and current mortgage holders as t2 a..licable) { i L ! f 7 t C t_ ,} [� Legal Services 4-12-6r-CLA (r> ( t i L) Broker/Contractor/Engineer/Other Service Providers 1 II I I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. - I understand I am responsible for updating the information provided herein if it changesfior to the ouncil action upon this Application. 114.07 Lyn e0‘1'S AP• • 'TS : •ATURE PRINT NAME DATE . L • i 1 11 1 I e ,14o�rtu.ec/1 Original Proposal 12 U 1'` ' '.---:::-.- ".. City Council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 ., 1.0 Purpose and Need ' Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, Iocal nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural,or public park and playground purposes. However,as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 Policy • The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from grantingtax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6, 2008 Page 2 of 4 • 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from Iocal property taxes by the City Council: I. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. • 2. Pursuant to Virginia Code§ 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive i II I I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .February 3, 2004 Dates of Revisions: May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. ro.4„,.,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of property in fee simple for right-of- way for Indian River Road and Kempsville Road Intersection Improvements Project CIP 2-418 and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted. MEETING DATE: August 18, 2015 • Background: On March 17, 2015, Council adopted an Ordinance (ORD- 3398A) approving the major design features and authorizing the acquisition of property by agreement or condemnation for the Indian River Road and Kempsville Road Intersection Improvement Project (the "Project"). Since that time, private utility owners Verizon, Dominion Virginia Power, and Cox have determined a more efficient design for their utility relocations. This redesign enables the removal of Verizon easements from 19 parcels and allows 4 parcels to be deleted from the Project entirely. There are 7 parcels where the required easement acquisitions have slightly increased and changed location. Authorization by City Council for the acquisition of these new areas by purchase or condemnation is required. Right-of-way and easements are now only required from twenty-seven (27) parcels out of the original thirty-one (31) parcels. The intersection of Indian River Road and Kempsville Road is being reconfigured under CIP 2-418 because it is the most congested intersection in the City. This intersection carries over 106,000 vehicles per day and operates well beyond its current design capacity in the peak hours. The existing left turn movements are being replaced with a modified design to increase capacity, safety and efficiency: indirect left turns are being proposed north and south on Kempsville Road with median U-turn lefts being introduced on Indian River Road. The Project is funded by competitively obtained funds from the Congestion Management and Air Quality (CMAQ) program, as well as City matching funds. • Considerations: The major design features of the Project, as approved in Ordinance 3398A on March 17, 2015 have not changed. • Public Information: An advertisement of the public hearing was published in The Virginian-Pilot, Beacon. Advertisement of the City Council Agenda. A previous hearing on the Project took place on March 17, 2015. II • Alternatives: As a proposed intersection improvement project, alternatives include: • Approving the Ordinance as requested • Denying the Ordinance and risk delaying the Project and potential loss of CMAQ funding • Recommendation: Approval. • Attachments: Ordinance, Ordinance 3398A, Location Map, Map Showing New Utility Easements Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering & Public Works/Real Estate cf' City Manager: I II 1 AN ORDINANCE TO APPROVE THE MAJOR 2 DESIGN FEATURES AND AUTHORIZE 3 ACQUISITION OF PROPERTY IN FEE SIMPLE 4 FOR RIGHT-OF-WAY FOR INDIAN RIVER 5 ROAD AND KEMPSVILLE ROAD 6 INTERSECTION IMPROVEMENTS PROJECT 7 CIP 2-418 AND THE ACQUISITION OF 8 TEMPORARY AND PERMANENT 9 EASEMENTS, EITHER BY AGREEMENT OR 10 CONDEMNATION 11 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 transportation within the City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 17 people in the City of Virginia Beach. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 Section 1. That the City Council approves the major design features and authorizes 23 the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seg., 24 Sections 33.2-1007,et seg.,and Title 25.1 of the Code of Virginia of 1950,as amended,of 25 all that certain real property in fee simple, including temporary and permanent easements 26 and entire tracts upon which such rights-of-way or easements shall be located, within the 27 limitations and conditions of Section 33.2-1007 of the Code of Virginia of 1950, as 28 amended (the "Property"), as shown on the plans entitled "INDIAN RIVER ROAD AND 29 KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS C.I.P.2-418.000,"(the'Project") 30 and more specifically described on the acquisition plats for the Project (plats and plans 31 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 32 Department of Public Works, City of Virginia Beach, Virginia. 33 34 Section 2. That the City Manager is hereby authorized to make or cause to be 35 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 36 reasonable offer to the owners or persons having an interest in said Property. If refused, 37 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the il'day of 40 `Thx , 2015. CA12561 PREPARED: 1/20/2015 R-1 \\vbgov.com\dfs 11applications\citytawprod\cycom32\wpdocs\d021\p018100179598.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM � r P PUBLI f ORKS/REAL ESTATE 0) CIT A 0-NEY II 1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR INDIAN RIVER ROAD AND KEMPSVILLE ROAD 4 INTERSECTION IMPROVEMENTS PROJECT CIP 2- 5 418 AND THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION, REFLECTING 8 AREAS CHANGED SINCE PREVIOUS AUTHORITY 9 WAS GRANTED. 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important roadway project for public use, 13 to improve transportation within the City and for other related public purposes for the 14 preservation of the safety, health, peace, good order, comfort, convenience, and for the 15 welfare of the people in the City of Virginia Beach; 16 17 WHEREAS, on March 17, 2015, City Council adopted Ordinance 3398A approving 18 the major design features and authorizing the acquisition of property by agreement or 19 condemnation for this project; 20 21 WHEREAS, due to utility design changes, it is necessary to amend City Council's 22 authorization to acquire property and easements either by agreement or condemnation to 23 reflect updates to the plats and plans since Ordinance 3398A was adopted; and 24 25 WHEREAS, the major design features of this project as previously approved have 26 not changed. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 33 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 34 fee simple, including temporary and permanent easements and entire tracts upon which 35 such rights-of-way or easements shall be located within the limitations and conditions of 36 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the"Property"), as shown 37 on the plans entitled "INDIAN RIVER ROAD AND KEMPSVILLE ROAD INTERSECTION 38 IMPROVEMENTS C.I.P. 2-418.000,"(the"Project")and more specifically described on the 39 acquisition plats for the Project (plats and plans collectively referred to as the"Plans"),the 40 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 41 Beach, Virginia, and to the extent the Plans have changed since City Council adopted 42 Ordinance 3398A, Council authorizes any new areas to be acquired and withdraws its 43 authorization to exercise condemnation for any proposed easements deleted from the 44 Plans. 45 ' I I 46 Section 2. That the City Manager is hereby authorized to make or cause to be 47 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 48 reasonable offer to the owners or persons having an interest in said Property. If refused, 49 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 52 , 2015. CA13437 PREPARED: 8/4/15 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d004\p018100228448.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ;ffe fri6 „ D PUBLIC' •RKS/REAL ESTATE CITY ATTORNEY _a } . s ,fi 1' 1 '! L l; .ft •.� 11 • d rl vfmmaiewas, 411yf $o U # N� Q;O J § I Y>8 mU> O ii7y >� aiiiiiiiiv sW amo 4. • c q 3n Jaz w "3 n # sow >ow w \ - . 7 � f' rl 4 I E` �aW i 111 $ Ek 1 11 4, 55 j) i ,JJ . IRq 'r.� i s j .,,,\,,,,, ,, "0,- ',,,, '''11:11..‘' 1:,:i ri_. _ -.1.!,. -82 C u E Lr M1` M,` . . 1LI1iiiitr c .4 Ill ------- - '11/ '- 'i 1 i '4 I'4.4- ,.___ ___-/...— — — — -----T".4-0* :s. J 4 .,— V �� ; ; ,, i, � �� ; r .. ` ' f �_. 1• 11"ei' 4.: - I. . - •-.. '-• ,.4 V n v' • j.k 4.!'•.: I r••6'. ' ..'' '/ ' ' " ' ♦ o E I • t t 5 f I. E Y T. p Imo: o I f �' �s;i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare a restrictive easement over City-owned property located off North Landing Road (GPIN: 1483-95-6756) in the Interfacility Traffic Area (ITA) to be excess property and authorize the City Manager to convey same to the United States of America MEETING DATE: August 18, 2015 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). On October 9, 2011, the Rural AICUZ Area ("RAA") Acquisition Plan was adopted as Part of the BRAC Response Program and authorized the City Manager to acquire qualifying properties by voluntary acquisition. The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA and RAA, and the Navy would pay to the City 100% of the appraised value of the restrictive easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The City has continued to meet its commitment to acquire properties in the APZ-1 area, the ITA and the RAA by annually appropriating $7,500,000 to match State funding for property acquisition through FY' 15. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1,525 acres at a total sales price of $11,507,245 and in exchange for the Marshview property. The City has acquired the following additional property in the ITA, and the Navy wishes to purchase an easement over this property pursuant to the Encroachment Partnering Agreement: Address/Location Size GPIN Former City's Cost Purchase Funds to Be (acres) Owner to Price from Returned to Acquire Navy for Commonwealth Easement North Landing Road 186.4066 1483-95-6756 Brenneman $3,728,132 $1,690,000 $845,000 Family Limited Partnership • Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, and ORD-3333U the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easement to be conveyed over the property identified above would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easement would recoup for the City and the Commonwealth approximately 45% of the purchase price paid for this ITA acquisition, for a total sales price of$1,690,000. • Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virqinian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easement, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The City funded the acquisition of the property listed above (as noted in the far right column in the above table) through a partnership with the. Commonwealth of Virginia. The proceeds from the sale of the Restrictive Easement over this property in the amount of $1,690,000 will be received and fifty (50) percent of this amount will be appropriated to CIP #9-059, Oceana and ITA Conformity and Acquisition II, and fifty (50) percent will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $845,000 retained by the City will be available for BRAC program acquisitions in future years, which encumbrance shall remain for such time as the encumbrance is required by the Commonwealth. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate cot n p„,) City Manager• �,�� T , I 1 13 W ,.;-.,,, .--„,..z,,..,,,,..,� .. 1mil/igkty o I*tukt ,Y4v+^j ,c <1111‘ 4 \ y 1 u �� CL C�!+A �� z _ v, ,a Q 32%. �i►�p% �J� ;f.. ��t 3.. �, Q co . 1 t�ti.'1tot��"71.,��401 to *Ab J, .rt> Z=4•0•4.41-44- � N 4n 3 U�•1k.�ti,j�� C�4'�(© :'1iv1 C* ��iSVO Nib Q�(�j lL p o a NI- p„.._ 4., /,. 40 44 .4 iii .a. 1.40,_,.,,,,(4.:,..... .,...4_,„ti., : ,,, I. A$:&14,.,..4%.,- 4. - 4.4 co .. .1#47A i 0.10'410 �,.,0 V' �e �(b` it-ll4 f Ecoin ® An PI tea' 'P' es sy��to 6,^°a "Al A' O o Q� flpY + - 4_ « fd � �S` ' � " `, � � " Q > mVVOS1111,r � y'� a• � 4 , p rlw, n• �y}�® •110, A��04,4418 � t e'�> tel'' Ven„ a .mr1� ,v �.,.1C7, u ., - kitl-.40...` *, 8tee J ++ trnd m co •`' 'eCe 2 7f ^ .�„ n, `,,kift .....6 vr„3`ce ie� ESL 4 X04-4 4/'1 t /19/, . ,.. G� p a io c� �,� u ter.�_ �(� a• �j'u�ss. *Q®y_ �'G:C��, �., �� p au, ti_*3 x,70 k= i `'� 1r�w ti .00'Q e` at IJ© / ! V- Q coca O © _- ', -�- al • *1 Z °� J DAt OC , ©C a CD W.,--y- ©�v o O it r+1 ruin u leill Ili r �Z`® 1 f 1 l} p'0C1 I®n n°il! q/. V1 \` o, w' ��G �:d rn PI mincu j; ► �0 V fir" ' < - Q`�. M ; 1o,.�'go ;:WIKESDR1. iW tY s'Voa .c��wpo,, ,� � , 0 ',. '-‘,-,--t-5,6'''o1:i ifv��s !H l�, - :. �f 4>- Cl- :. ® Ci.��w+ ►` jr 'i,- ,,.- `-_ 1.?od? o �a 0.1 AZIErsear in as 'alai ;Q r Q^,22:12x® il \ Ilk Z \o a b It. 1410 U FARMS° N t' 'X illik, - 111111P G.�� r ,8'• Q. t asz 5' • D 0 a uZ�nvD 7411jILLII 1 a c t Ce p i u� 0 o Iliji �A N X11 /'6 0,._,E41 81 d 1, ctp N ' WO „. r f... 2.7.1 n;1 ,:o 0 Ezz____., \ 2 p NORTH LAND�NGRD— et . igs m m4 . I'. ri,,1-, a, 10,4A, I-NO ,'193M 401P11 r, ---...„ /D:, bNV\ .._„, e;„ . 11111111 . . , A' ' f, 2 pl z �, r 0ri. lb O t $ d cM. w II a w yP` C U a Ca 0) v L I I EXHIBIT A TO GRANT OF EASEMENT TABLE 1 -AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y 1' Textile mill products; manufacturing I' Y Apparel and other finished products; products made from Y Y fabrics,leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y I' Printing,publishing, and allied industries Y �' Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y I' Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y 1 ORDINANCE TO DECLARE A RESTRICTIVE EASEMENT OVER 2 CITY-OWNED PROPERTY LOCATED OFF NORTH LANDING 3 ROAD (GPIN: 1483-95-6756) IN THE INTERFACILITY TRAFFIC 4 AREA (ITA) TO BE EXCESS PROPERTY AND AUTHORIZE THE 5 CITY MANAGER TO CONVEY SAME TO THE UNITED STATES 6 OF AMERICA 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 9 property (the "Property") located in the Interfacility Traffic Area (the "ITA") in the City of 10 Virginia Beach, Virginia, which Property is identified as follows: 11 12 North Landing Road, 1483-95-6756 13 (186.4066 Acres), Acquired by the City 14 from Brenneman Family Limited Partnership 15 16 WHEREAS, on September 27, 2007, the City and the United States of 17 America, Department of the Navy (the "Navy") entered into an agreement (the 18 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; 19 20 WHEREAS, the terms and provisions of the Encroachment Partnering 21 Agreement provide that the City will sell to the Navy restrictive easements (the 22 "Restrictive Easement(s)") over property the City acquires in the ITA and the RAA, and 23 in exchange the Navy will pay to the City the fair market value of the Restrictive 24 Easements, up to 50% of the fair market value of the City's acquisition; 25 26 WHEREAS, the City acquired the Property pursuant to the ITA Acquisition 27 Program; 28 29 WHEREAS, the City funded the acquisition of the Property through a 30 partnership with the Commonwealth of Virginia (the "Commonwealth"); 31 32 WHEREAS, the City Council of the City of Virginia Beach finds that a 33 Restrictive Easement over the Property is in excess of the City's needs and finds that 34 the sale of the Restrictive Easement over the Property to the Navy, pursuant to the 35 terms of the Encroachment Partnering Agreement entered into in 2007 and as 36 amended, will allow the City and the Commonwealth to recover up to 50% of the 37 purchase price of the Property. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 1. That a Restrictive Easement over the following Property located in the ITA 43 are hereby declared to be in excess of the needs of the City of Virginia Beach: 44 45 North Landing Road, 1483-95-6756 46 (186.4066 Acres), Acquired by the City from Brenneman Family 47 Limited Partnership 48 49 2. That the City Manager is hereby authorized to execute any documents 50 necessary to convey the Restrictive Easement over the Property to the Navy, in 51 substantial conformity with the terms and provisions of the Encroachment Partnering 52 Agreement dated September 27, 2007, as it has been or may be amended, and such 53 other terms, conditions or modifications as are deemed necessary and sufficient by the 54 City Manager and in a form deemed satisfactory by the City Attorney. 55 56 3. That revenue from the sale of the Restrictive Easement in the amount of 57 $1,690,000 shall be received and fifty (50) percent of this amount shall be appropriated 58 to CIP #9-059, Oceana and ITA Conformity and Acquisition II, and fifty (50) percent 59 shall be deposited for future payment by the City Manager to refund the 60 Commonwealth's portion in accordance with the grant agreement. A manual 61 encumbrance will be established to ensure that the $845,000 retained by the City will be 62 available for BRAC program acquisitions in future years, which encumbrance shall 63 remain for such time as the encumbrance is required by the Commonwealth. 64 65 This ordinance shall be effective from the date of its adoption. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on the 68 day of , 2015. R-1 8/7/2015 CA13233 \\vbgov.com\dfs1\applications\citylawprod\cycom32\wpdocs\d023\p020\00225240.doc APP ,VED • S TO - • TENT APPROVED AS TO CONTENT 101,4rila ,W/ 30/1'Public W•rks/Real Estate Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCX City Attorney's Office SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2016, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. ft^i{ ➢7 [ ,,,,,-, '4'‘', .4''''',,."V ` .f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize (1) the acceptance of the dedication of any interest the City of Virginia Beach Development Authority may have in London Bridge Creek to the City of Virginia Beach and (2) the Temporary Encroachments into a portion of the City's 150' public drainage easement and a portion of London Bridge Creek (GPIN: 1497-73-2994) located adjacent to 2798 Dean Drive, for 2798 Dean, LLC. MEETING DATE: August 18, 2015 • Background: 2798 Dean, LLC, a Virginia limited liability company, (the "Applicant") has requested permission to encroach into a portion of London Bridge Creek and the City's 150' drainage easement located adjacent to the Applicant's property at 2798 Dean Drive. The purpose of this encroachment is to allow (A) an existing retaining wall, landscaping, display area and rip rap to remain and be maintained and (B) the construction of a new retaining wall, block and column walls, permeable paver drive aisle, paver walkway, gravel parking and buffer planting. The City of Virginia Beach Development Authority (the "Authority") has agreed to quitclaim to the City of Virginia Beach any interest it may have in the London Bridge Creek. At a public meeting held on July 21, 2015, the Authority authorized execution of a quitclaim deed to the City. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Of specific import is the requirement that the encroachment agreement may not be executed unless and until there is a statement, in writing, that the U.S. Army Corps of Engineers does not find these encroachments to be contrary to the requirements of the 1985 Canal #2 Coordination Agreement. Additionally, prior to the execution of the encroachment agreement, the quitclaim deed from the Authority must be recorded, and the Applicant must provide proof of compliance with any of the project requirements of the Local Wetlands Board, the Army Corps of Engineers, and the Chesapeake Bay Preservation Area Board. The Applicant has submitted a site plan for the subject site which includes a buffer planting area being established. The plan has been reviewed and approved by the Department of Planning/Development Services Center and the Environment and Sustainability Office pending approval of this encroachment. The Council Agenda for August 18, 2015 also will include a Planning item brought by the Applicant. The Planning item is a conditional use permit for a bulk storage yard regarding the same site, which item will be addressed as part of the Council review of the Planning portion of the Agenda. I II • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the acceptance of the dedication and encroachment as presented, deny the acceptance of the dedication and encroachment, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Agreement, Disclosure Statement, Plat, Pictures and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate pat f)'P \.) City Manage . �. vV al, 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 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 conflictof interest under Virginia law, 4 • SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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 Plan n,ng_Comrnission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: Q NO CHANGES AS OF DATE. • REVISIONS SUBMITTED DATE. c go 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) Tim Costen, Managing Member 2798 Dean, LLC, a Virginia limited liability company • • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach List If necessary) Chesapeake Lawn& Garden, Inc See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is dl>fferentfrom Applicant. Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, SAND 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. 1 1 1 ,1 1 { 1113 Virginia Beach 1 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when (I)one business entity has a controlling ownership Interest in the other business entity, (II)a controlling owner in one entity is also a controlling owner in the other entity,or (ill) 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 entitles." 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) ElAccounting and/or preparer of • your tax return 0 Architect/Landscape Architect/ Land Planner kAYL \ ,^ Contract Purchaser(if other than j the Applicant)- identify purchaser and purchaser's service providers Anypurchaser other of pendthr roe subjingop ect pposedroperty (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors C& *1bL ElEngineers/Surveyors yyPL 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. ,,,vim . ;. Virginia Beach: Financing (include current i� NES mortgage holders and lenders NEI selected or being considered to provide financing for acquisition or construction of the property) 41g ® Legal Services k) ❑ Real Estate Brokers/Agents for current and anticipated future sales of the subject property (a -— 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 a1 contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? N/A CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of - y public body or committee in connection with this Application. • Garret ton N`,� � k�-- Billy 9 (Applicant Rep) APPLICANT •IGNATU' PRINT NAME DATE Tim Costen, Managing Member qi45 PROPERTY OWNER'S1 S GNATURE PRINT NAME DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 cfficials who may vote on the application as to whether they have a conflict cf interest under Virginia law. � II 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE (1) THE 4 ACCEPTANCE OF THE DEDICATION OF 5 ANY INTEREST THE CITY OF VIRGINIA 6 BEACH DEVELOPMENT AUTHORITY MAY 7 HAVE IN LONDON BRIDGE CREEK TO THE 8 CITY OF VIRGINIA BEACH AND (2) 9 TEMPORARY ENCROACHMENTS INTO A 10 PORTION OF THE CITY'S 150' PUBLIC 11 DRAINAGE EASEMENT AND A PORTION OF 12 LONDON BRIDGE CREEK (GPIN: 1497-73- 13 2994) LOCATED ADJACENT TO 2798 DEAN 14 DRIVE, FOR 2798 DEAN, LLC. 15 16 WHEREAS, 2798 Dean, LLC, a Virginia limited liability company, (the 17 "Applicant") has requested permission to encroach into a portion of the City's 150' 18 drainage easement and into a portion of London Bridge Creek, along the eastern 19 branch of the Lynnhaven River, located adjacent to its property at 2798 Dean Drive. The 20 purpose of this encroachment is to allow (A) an existing retaining wall, landscaping, 21 display area and rip rap to remain and be maintained and (B) the construction of a new 22 retaining wall, block and column walls, permeable paver drive aisle, paver walkway, 23 gravel parking and buffer planting; 24 25 WHEREAS, as a condition of this encroachment, it will be necessary for the City 26 of Virginia Beach Development Authority (the "Authority) to quitclaim any interest it may 27 have in London Bridge Creek to the City of Virginia Beach and the Applicant must 28 provide written confirmation from the Army Corps of Engineers that the encroachment is 29 outside of the limits of the Canal #2 Project or is not contrary to the provisions of the 30 1985 Canal #2 Coordination Agreement; 31 32 WHEREAS, the Authority authorized the quitclaim of its interest on July 21, 2015, 33 subject to City Council's acceptance of the interest; 34 35 WHEREAS, the City's acceptance of the dedication of the Authority's interests 36 would clear a title issue and promote the City's goals to facilitate public drainage and for 37 other public purposes; and 38 39 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 40 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 41 City's public drainage easements subject to such terms and conditions as Council may 42 prescribe. 43 44 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: I II i 46 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 47 2009 and 15.2-2107, Code of Virginia, 1950, as amended and provided all of the 48 requirements of this ordinance have been satisfied, the Applicant, its assigns and 49 successors in title are authorized to (A) maintain an existing retaining wall, landscaping, 50 display area and rip rap and (B) to construct a new retaining wall, block and column 51 walls, permeable paver drive aisle, paver walkway, gravel parking and buffer planting 52 within the City's 150' public drainage easement and a portion of London Bridge Creek 53 as shown on the map entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL 'J' 54 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH 55 INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, 56 VIRGINIA," Scale: 1" = 80', dated 06/10/2015, a copy of which is attached hereto as 57 Exhibit A, and on file in the Department of Public Works and to which reference is made 58 for a more particular description. 59 60 BE IT FURTHER ORDAINED that the City Manager or his designee is further 61 authorized to execute any and all documents necessary or appropriate to complete 62 acceptance of the dedication of the Authority's interest in London Bridge Creek. 63 64 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 65 subject to those terms, conditions and criteria contained in the Agreement between the 66 City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of 67 which has been presented to the Council in its agenda, and subsequent to execution 68 will be recorded among the records of the Clerk's Office of the Circuit Court of the City 69 of Virginia Beach; and 70 71 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 72 hereby authorized to execute the Agreement only after the occurrence of the following 73 conditions: (a) the quitclaim deed from the Authority has been recorded among the 74 records of the Clerk's Office of the Circuit Court; (b) the U.S. Army Corps of Engineers 75 provides, in writing, a statement that the proposed encroachments are not contrary to 76 the requirements of the 1985 Canal #2 Coordination Agreement, and any amendments 77 thereto; and (c) the Applicant is in compliance with any of the project requirements of 78 the Local Wetlands Board, the Army Corps of Engineers, and the Chesapeake Bay 79 Preservation Area Board. 80 81 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 82 time as the Applicant and the City Manager, or his authorized designee, execute the 83 Agreement. 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 86 of , 2015. CA13435 R-2 PREPARED: 07/21/15 \\vbgov.com\dfsl\applications\citylawprod\cycom 32\wpdocs\d030\p018\00227713.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM AftPUBLIC ORKS, ' AL ESTATE CITY ATT E APPROVED AS TO CONTENT: CONOMIC DEVELOPMENT 1 II i �A N/F CITY OF VIRGINIA BEACH S 36'16'57" W GPIN: 1467-13-1924 N cot (IN. 20100924001007570) 4740' �� (FORMERLY NORFOLK SOUTHERN RAILWAY COMPANY (66')) • C ....„--EX SWALE S 8126'00" E 453.96'2 \ �. ., • `D 0I EX COMPACTED I ' ,` ` . . ZA4a rn GRAVEL - - - W _^ WEX MARSH O r`AY 0, cD •iq #2798 - _ G m `O EX 1-STY S 54'16'00" W 126. 18' i '.` 0 aiOG_V 1 m z BLOCK V `" V 9G l) �' PARCEL 'JY -`0F�OQ �0 '650 W 1.900 ACRES oo sia.' 1. • 1% X- cn o0 0 "ANCHOR" S 7025'00" W � �� (2 RETAINING . 204.41' p 6 � /�A�" 150' EASEMENT DEDICATED J a ^ " WALL TO THE CITY OF VIRGINIA BEACH, G�z d ^.Z 0O SYSTEM T VIRGINIA FOR DRAINAGE PURPOSES BY (-)§— EX CONC �� o THE CITY OF VIRGINIA BEACH C> z = 0 CURB o—v�oa INDUSTRIAL DEVELOPMENT AUTHORITY W O / y-1- (M.B. 83, PG. 11) 0.25' MILES Te +.,- %o -o GPIN: 1497-73-2994 LYNNHAVEN ( //i/ 123.81'� S 66'41'00" W <;�, "''' (cn PKWY BCH VA k � P OF SLOPE \ p► .TH opy ) 1 �•1 AT TIME OF SURVEY �v' �� `-- _"a�1'�-4, (12/30/2014) �_ "• EX 72"CLF /i S 3734'00" W 33. 14' ; RIC AR 04 a Lie. . 2904 j.Nr- / EX RIPRAP (BROKEN CONCRETE) e 06/15/2015 34.6426'00" W EX EDGE OF WATER 'V �*O AT TIME OF SURVEY SUI / / �6DEAN BOR/VE 1) (12/30/2014) SCALE: ,10 8 6� SHEET . / T 1 6 (EXISTING SURVEY) EXHIBIT 'A' -_ ENCROACHSHEEOF MENT EXHIBIT ,--- ---'7.-_ PARCEL •J•, 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/10/2015 I f.b./pg. 1028/27 proj. no.: 214-0503 Civil Engineering wplsite.com 757.431.1041 24218ISTANG 1R111.Sir 8 IIRGIMA EEO,VA 23452 file: 214-0503_ench exhibit.dwg I plat ref.: 1-176 CAD/chk: WJW/eag *44 #...... ...... ..... ...... ..... #2798 AD% /N , EX 1-STORY 4, 4, b BLOCK - PROPOSED \ N cos o I 'o ■■ _ PERMEABLE �_PROPOSED GRAVEL PARKING �''2 W a 7 r--DRIVE AISLE PAVER (57 STONE) PROPOSED / y c • rT PROPOSED PARCEL .�' PWALK ( n a Z W PBLAN17NG LUFFER ---. 1.900 ACRES �.0 'R' ` ff_ O PROPOSED •tIl - * c� . � S 70 2500 W 204°41�t .�. PLANTING p PROPOSED w l PROPOSED BLOCK tp W, AVER ,,..;;;Io�� Z COLUMNS �� KWAY ,V•w- '� 150' EASEMENT DEDICATED WALLS �w OWI �4Tt0si' TO THE CITY OF VIRGINIA BEACH, _R . •`■ VIRGINIA FOR DRAINAGE PURPOSES BY Z66'41'00" 1)20 ! ��'* � INDTHERCITY IT DEVELOPMENTOFVIRGILA BEACH AUTHORITY c-" ,I 0 S W �,w NA /�� N'p a`� 123.81 ` . '■ i► . (M.B. 83, PG. 11) rn •,��mw� �, ��o� // GPIN: 1497-73-2994 — (1.7...4) Ill PERMEABLE �'� 0 c ~ a m PAVER DRIVE r �� QV �y;�� `� I,i— DISPLAY __ ':R��i �`� FF��1/ '1� PADS. ` It. ` EX TOP OF SLOPE min III �. �� AT TIME OF SURVEY�� \�� le' (12/30/2014) ��- RETAINING WALL INCLUDES A .�* `v MINIMUM 2' WIDE GRAVEL °"`_'�•�i•�' ..,�._,---- N♦ /Nf7L7RA77ON TRENCH ALONG - m. �-7..� � THE LANDWARD PER/ME7L�R OF '4IC& WALL w/ 4' PVC PIPE PROPOSEDEX HBUFFERRETAINING PLANTING SYSTEM �;p j,TH Q�,i�f �� • ' EX RIPRAP (BROKEN CONCRETE) c,� �� _ , S 3734'00" W 33. 14' - EX EDGE OF WATER AT TIME OF SURVEY • RIC ARNER 1' (12/30/2014) V� N 82'26'00" W Lie. . 2904 34.64' ov-ite 4. N) e 06/15/2015 ,�PROPOSED BUFFER PLAN77NG 0 ` �G,1l Ne ��, � �1! SUR DEAN DRIVE G ��P� / (60' R/W) (Al.B. 83, PG. 11) 1�,�'lf,� SHSCALE:EET 2 OF 6 / SHEET 2 OF 6 (IMPROVEMENT PLAN) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL 'J', 1.900 ACRES A/ _.,..: i ..__..i_ SUBDMSION OF PROPERTY FOR CITY OF - VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VRONA BEACH, VRONMA Landscape Architecture Land Surveying date: 06/10/2015 I f.b./pg. 1028/27 proj. no.: 214-0503 Civil Engineering wplsite.com 757.431.1041 242 WSW 1iGL SIE 8 MOM BEACH,VA 23452 file: 214-0503_ench exhibit.dwg ' plat ref.: 1-176 CAD/chk: WJW/eag • • ' (/ tip. .. .. ..... , >ti / \I \ iliS •-•t rri 03 D-•- 1N•wog II '-•• END OF ENCROACHMENT ® w 1*1* 256.1-LF FROM POINT W o ,, c tip. , n pp / 70 im o' ,HEIGHT-2.9' •• \�:,on./ W 2.3 fir► EX WALL HEIGHT=2.4 1)11•• 07 �,. 0• W 7.1' . I P.S ifrit ime�%w—�� ,., EX WALL HE/GHT=2.4' Iew•w+•• V417.6 ! lo,* imwilikill p 4; RETAIN/NG WALL WITH GRAVEL /NF7LTR4T10N • •15.6' sikpIi1�i r,, TRENCH ALONG 7HE LANDWARD PER/METER OF II=PO/NT A�fa` ��; ��o;%I WALL w/ 4" PVC PIPE Wk • NtArkillfr• i N'tv'ik r' � DISPLAY PADS (3 PADS 0 15.0'x8 0' EACH) (360 SQ. FT.. TOTAL) lkilw�� 6 �� EX ANCHOR RETAINING WALL SYSTEM (304 LF) �•A� ` ei PROPOSED BUFFER PLAN77NG n � f��'F (3,945 SQ. FT. OR 0.091 ACRES) V ',it 1 'EX WALL HEIGHT=1.7' LT OF yi // 0 c ' �0 • lirEX WALL HE/GHT=0.7' O oW e RIC . ARNER C1 1� �1 Q • 1 Lic. . 2904 V � 06/15/2015 ,:k.lie � SURA DEAN DRIVE / / (60' R/W) (M.B. 83, PG. 11) SCALE: 1”=50' SHEET 3 OF 6 SHEET 3 OF 6 (DIMENSION PLAN) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL 'J', 1900 ACRES j SUBDMSION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/10/2015 I f.b./pg. 1028/27 proj. no.: 214-0503 Civil Engineering wplsite.com 757.431.1041 242 M151ANG 1RAii_SE 8 VRMA BUCK VA 2362 file: 214-0503_ench exhibit.dwg ' plat ref.: 1-176 CAD/chk: WJW/eag I I II FINISHED GRADE 18 OPEN GRADED GRANITE AGGREGATE BETWEEN PAVERS SF RIMA PERMEABLE PAVERS 31/16" THICKNESS PAVERS SHALL MEET OR EXCEED ASTM C 936, TYPE F (8000 PSI).1/2" SPACING (APERATURE) V BETWEEN PAVERS. 18 OPEN GRADED GRANITE AGGREGATE, 1' TO 11/2' DEEP ` •'tet '�•itt %t!'�t �'�'�� •��t , IZ41-7 A 157 OPEN GRADED GRANITE AGGREGATE, rim ' - 3 1/4' TO 3 3/4' DEEP 12 OPEN GRADED GRANITE AGGREGATE, /\ \/ 3 3/4" DEEP \/ COMPACTED SUBGRADE NON-WOVEN ATLL ENDS LE CONTINUOUS, \ '\ TURN UP PERMEABLE PAVEMENT W/ GRAVEL INFILTRATION SCALE. NTS SCALE: NTS SHEET 4 OF 6 SHEET 4 OF 6 (NOTES & DETAILS) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL •J', 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/10/2015 , f.b./pg. 1028/27 proj. no.: 214-0503 Civil Engineering wplsite.com 757.431.1041 242 1RAE Sl[8 VRGNA BEACH,VA 23452 file: 214-0503_ench exhibit.dwg I plat ref.: 1-176 CAD/chk: WJW/eag 30 DEGREE SOIL Diamond Pro`£o Diamond Pro Stone Gut',Block •SRW Accessories• � . o t used wiaWl the stamped retaining stall the final determination of themet suitability d the e.5 5 selaM,use and es manner of use,are the sole r ations?Co of the user.and the user ewes* a>; releases HTS.SRW,and retai ilg wall wit supplier or any and all liability that might wise as a usual.These designs have been perbrmed with Rationed Concrete Masph7 Association(NCAA) software and have been analyzed tot the appropnate tactors o1 safety.m 2009 Hardscape Tecnrical Services•Diamond Rob is a registered trademark 07 Anchor"Wail Systems.Inc. Geogrid:SRW Universal 635 LIDS or SRW 3 Series 1093 LIDS -- Hyl [ CASE A GEOGRID PLACEMENT 'CASE a•anWinwg Wali: •FW around no Tap.t Wan •FTM aeuhd at eeaom Cr WAR •aid is wed Its,,the fete of the wit •No wwwase m sur '- -. 6'3 O7 r s9 _....so a. 3 SB '� S6 Sr _- E t-J u 93' � 16•. � se - 5T MIIII■ M ' sr ..... r /B" 96 L..f -.. 5,9- _ IT 9 r }•�F 1'e' 4°• E l 6• F_sit 57 s r rr _Oars - WWI .•J TH 0;4...Fr _ -^-1 5041 I o 55,455u C e ;_ _, •, 3Effi93WV l7cst L , •6aeM lwNf r r r r e 8' 8• r r r r 8 II •`Q S Tad cps 4sp 1.93' 200' 767 3.33' Ate' 161 531' Lite' 6.67' 7.33' sit 1.67 4 ' . 6id31W/ateh teed 1000 tell 0./N 0111 0.119 0917 1.319 1.556 1.722 7769 2611 I VZ.6eiladipd /A0 840 1.06 1.23 1250 16.0 15.50 21.10 2101 `j/ a•I•r '5JSxk Fele II 1.33 240 2. 67 5.53 4.00 4.67 5.33 6A0 617 7.33 1.0 8.67 F (eppelah' 4157 .4951 .6957 3957 1957 .6957 .6957 3957 .6957 .6157 .6957 .6957 MILLER2Sna .nr naw m-made a e awes.ese+vara steal local moral,tor . c salsa.In you sea•Sun'Mataial a:he ino ton Aoleave emanate. ,'111411' 7 1 .A:b GEOGRID PLACEMENT ..a •CASE.•aostana Wale •Fut astral at Tea N Watt .Ea is weewedfnw le hale of the IA --,- -� awn •tar art swaw9e an Wsa •101,5/Sardine hig2e SA tali sur et pidwp -� i-- 69` r , rr v......,. 6' 5 '' _rr.rra 56 60 5371 S',' _ 5'3" Cr W 'EMI III MI. 13, 1U' ��]j a !-" 96, 50 5'9, nor Iwo .. .. '-..1:P:. p+ ._!:P_ 90 p '-7.SB_ LJ..45 1.6' ..e. 5'0• S3. v...__':4' MN h1.1-'S 1 Sewn CAI SR 3Sties C Y.1161t5 y `tet meeeh.ied r r r r r _ r r r r r r r htltrnue 1.33' 20' 317' 333' 9.0' 9.61' 533' 6.00' 6.67' 733' for 131 I{ Qt31Wle I.N tel 0144 0.444 0.119 8.944 0.913 1.477 1310 11E7 2389 250 3.361 Oddiiilp6 4.00 1.0 1.0 8.50 1.75 13.76 1350 1950 21 SD 2250 30.25 11198 pv101 133 2.0 237 3.33 IAB 9.67 5.33 6.0 6.67 7.33 M 3E7 1(01a1.05' 3957 3957 .6917 3951 .6957 .6957 .5957 1951 .6957 .6157 3957 3957 'At',,,caps pane et mast.axes.Chen,wen you 50050 refaler to what sac is nasalis in yw area•See'Material Esilmatng'IV'/dhesve etima:e. CAP BLOCK SLOPE MAY VARY \ Ar 4" I DIAMOND PRO® BLOCK 9:: 4"DIA.DRAIN TILE(EL.VARIES) I. . L.,/ ,.,.,,,, 6"MINIMUM COMPACTED I El .•I3.•I,;•_I3f•f> *GRAVEL INFILTRATION TRENCH GRANULAR-BASE .'='='=•-- 24 INCHES OF(57 STONE)FREE- LEVELING PAD '-• •- • 1,,..._.-,-.:-.-...--___:,_-::,,, E. DRAINING AGGREGATE AnchorTM Diamond Pro® II �/� '` TYPICAL GRAVITY WALL -�I / l :._........i.....:_.;_ _I..- -III-III--III- I_I SCALE: NTS (SCALE:NTS) ;;' ;;' ;- ; I ii-111-1 I I-Ill-I 11- SHEET 5 OF 6 SHEET 5 OF 6 (NOTES & DETAILS) EXHIBIT 'A' ENCROACHMENT EXHIBIT -_ =_ PARCEL 'J', t900 ACRES SUBDMSION OF PROPERTY FOR CITY OF i = = = VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/10/2015 I f.b./pg. 1028/27 proj. no.: 214-0503 Civil Engineering wpIsite.com 757.431.1041 242 META IN.SIE 8 WNW III,VA 23452 file: 214-0503_ench exhibit.dwg I plat ref.: 1-176 CAD/chk: WJW/eog Scott Miller ''\ \I, Consulting '1 .11 Engineer �ii �i PA.Box 94529 Noah Little Rock,AR 72190 A.. Tet 501.374.3546 Fax:501.374.3547 E-mail:segwalls@gaw0.com January 28,2015 Mr.Tin Costen Chesapeake Lawn&Garden Inc. 1504 Duke of Windsor Drive Virginia Beach,VA 23454 RE: 2798 Dean Drive Virginia Beach,VA HTS No.VA0000002 Gentlemen: I have reviewed the documentation, soil sample and wall geometry supplied by Chesapeake Lawn&Garden inc.dated January 21,2015 for the referenced project sent to my office. Based on this information,the maximum exposed wall height of 5.5 feet(plus cap)and total wall height of 6.66 feet should be constructed with the geogrid layout for a 30° soil, Case A of the "Standardized Engineering & Construction for 8 Feet and Under Retaining Walls" by HTS Hardscape Technical Services.Anchor Diamond Pro block with SRW 3 Series geogrid must be used as shown on the table.These tables must be followed for the gcogrid placement,lengths and elevations. The retaining wall must also be built in accordance with the installation construction shown in Section 3 of the Guide and other items in the Guide including any fences behind the walls. I appreciate this opportunity to be of service to you. Should you have any questions regarding this design,placement or construction of any materials,please do not hesitate to contact me at your convenience. Sincerely, 00...+........... //� 64•..«,ACTH op ,.,. gol<, SCOTT " S• tt A."Sam"Miller,PE I:U MILLER • PrincipalIt 19127 . SAM/sym ,�;'`+4 w4 Enclosure:Case A,30°Soils e,.ka.JOLAI �G`'.•' SCALE: NTS SHEET 6 OF 6 SHEET 6 OF 6 (NOTES & DETAILS) EXHIBIT 'A' ENCROACHMENT EXHBIT _ - - = PARCEL 'J', t900 ACRE SUBDMSION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/10/2015 I f.b./pg. 1028/27 proj. no.: 214-0503 Civil Engineering wpIsite.com 757.431.1041 242 UTNE 11011.SE8 NICNA BEAD,VA 23452 file: 214-0503_ench exhibit.dwg I plat ref.: 1-176 CAD/chk: WJW/eag Ott _ gat A �,.., �—, m I t z 1. � 0. s ! �t-s \ . U 8 J2 -Dv m z Q Q z Q Z ,, \_. 0 3 W O w W rn p CU 0 d1. E_ QZC4 LL W Q Z N ' QV Z Q OO Z p q /�/� F Q N r 0 p LT. W " J N f q '� w a Q1 �' �i _ A CC to p " N w %'• z N F ' X fa r .�, w. 0. a0. (" rau t_ _, , * . EPS 4- ` N a# B i — 7 r'4t zata JT° N 41 clies � � a.,Q:1 R 0, 1 .r LLi! 1 f 3AVVN3an3 = s GJ 0 :-.4 i D f."* fa f `s f� ` E cs. -cu al w Y< . W 3 O W L e V cn /t - ""� a • € A,.;. ` d W N V J J CCO t CU 13 00 01 N N C u Q Q I N t 4J yam; 011016-401a C0 o 0 • 01 1 C N . IW N ,I I Pi*: V r= J 4 caw / ir i3 W N RS \l Q a 1I i Ii -- 0.. \ ' 1'. = �; , S CO V. w._ v CJ .o. RS 0 \.. , ' 0 00 ° .C W N ._ �l �'rr Er � .� l / -- \ - � ' V 4 sem. C 4I. a J VU al N N ` 7- a; ;-+.r1 . { _,� , c, a , ,, CD U . " y '� Y A c' � ' � t 1tt lin I I a) .. c3- Emile, , .f , .,._. . .. .zu . ._,: -,----J:, cc a) • I a •L a) 0 CD a ,SO u W „ �� ,) u al 4 ' C N MIMI ":4:41,S7•41; • J ', C ' a £! M r. 1" Ct •�\ Y i° (5 sh3e 's .1 q`t• rr U Y 1 Y omml +AL ¢ • , ?"i � y J, t7 .f , Q 4.0 '.4` a q in ifi '" Cr • C • ,, ' 't0`' , • Na c S- . a 0 - ^' E c i^. ,i 1 a I = CISa CO 0 t.. + 4 'a O /W AININIMMINUMINIMINIMMINI ,. . LI • 4iT., r*--4 ..,-;•• . g 6 ' 1 :.--4.•- 7-!' — - — i ••••,Nilft--•• — , — _ _ U -Y-1'; , ,•,,.,1„„,..Ai _1 C 40" i.,..,;?1, . 1.4* MI CV ,,i" 'J'... al h .-',,1.1 ' ri, •• •W ..., i C ir CD ass 0_U nw ..:. —13. p,, < :: I :1.;•---14-.'`.;-... —4116br........ „.... ., _ . •W li VI • a) . M r 1 1 CCUT ... .._. • C 1_ a) 0 .I. - E 4,4 C 4 1.... 4..) W •, ' IL.it1 f0 0 0 ..... '' us- 0100 CN LLI Cs1 I 4 4 T. IV If - J cf { CD ` C ' cu { p ,„ti F, i 00 j r, M4 - N • awr - c- ham,„. w .3,:,,. DC CD ..„.„. ,. :: . 4, •_ , ,..4w.-f: 1. cu 0 _ E C Ate' 1 SVR W 0 W ( u 01 4 I II PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 1-11-1 day of A.)(Tvc'[ , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and 2798 DEAN, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL `J' 1.900 ACRES"; as shown on that certain plat entitled: "SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated July 1969, prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 83, at page 11, and being further designated, known, and described as 2798 Dean Drive, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to request that the City allow an existing retaining wall, landscaping, display area and rip rap to remain and be maintained and the construction of a new retaining wall, block and column walls, permeable paver drive aisle, paver walkway, gravel parking and buffer planting, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary GPIN: 1497-74-0071 (2798 Dean Drive) 1497-73-2994 (City Property) by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said 2798 DEAN, LLC, a Virginia limited liability company, has caused this Agreement to be executed by TIMOTHY J. COSTEN, Managing Member of 2798 DEAN, LLC, a Virginia limited liability company, with due authority to bind said company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [Remainder of page intentionally left blank.] 6 rnin ne'at 4\ {{t 4"I---, ��1 ,T, v,... ,./,,,, CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: An Ordinance to Adopt Revisions to the Housing Choice Voucher Program Administrative Plan MEETING DATE: August 18, 2015 ■ Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally funded Housing Choice Voucher program ("HCV program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate an HCV program develop an Administrative Plan and operate the program in accordance with it. City Council adopted the current administrative plan by ordinance in April of 2015. Staff have identified two community needs that can be more effectively addressed if minor changes to the plan are adopted. The first proposed change relates to expanding housing opportunities for people with intellectual and/or developmental disabilities ("ID/DD"). State cabinet secretaries and state agencies have asked housing agencies to prioritize the use of vouchers to serve this population. Although in the past the prioritization of people with a certain disability has not been allowable, HUD is now considering the granting of waivers so that housing authorities can serve this population more effectively. DHNP has been working with HUD on this subject and has requested such a waiver, for which we understand approval is pending. In order to take advantage of the waiver, if issued, a change to our administrative plan is required. This change to our administrative plan is considered significant and therefore Council action to adopt it is necessary. The change would provide for the prioritization of otherwise-qualified persons with ID/DD status to receive vouchers out of a portion of our vouchers designated for disabled persons. The second proposed change relates to the City's goals to end homelessness. The Housing Choice Voucher program is a key resource in this effort. The City has adopted, in alignment with the federal and state governments, a goal to end veteran homelessness in 2015, and to address chronic homelessness and serve the most vulnerable populations in accordance with federal guidelines and best practices. Adopting additional preferences would allow us to prioritize vouchers for veterans as well as the most vulnerable populations. ■ Considerations: DHNP believes the two proposed revisions are consistent with the City Council's goals and allow the HCV program to target specific community priorities. • Public Information: This item will be advertised as part of the City Council agenda. Copies of the proposed revisions have been placed in the Office of the City Clerk for public inspection. I I EXHIBIT A City of Virginia Beach Department of Housing and Neighborhood Preservation Housing Choice Voucher Program Summary of Administrative Plan changes for 2015—July,2015 Location Topic Change/Issue Reason Page 4-2 Establishing Add language to establish the A waiver or exception is required Preferences distinction of due to regulatory restrictions Policy intellectual/development disabled limiting the identification and as a waiver approved disability service of a specific disability as preference. a preference for housing. The established preference allows DHNP to pursue the expansion of housing opportunities for a targeted population associated with the Virginia Olmstead Agreement. Page 19- Project Based Add language to establish local To support the initiative to "End 28,29 Vouchers preferences and point matrix for Veteran Homelessness", Policy project based voucher units with establishing local preferences for designated supportive service designated project based components (SRO supported properties allow DHNP to projects). prioritize vouchers for veterans and the most vulnerable. 1 I 1 ( 12a 1 ,,,,,% ..4,-., V.,,,,..„.,.:::? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Delta Medical Transport, Inc. and Heart Song Care Transport, Inc. in Virginia Beach and to Approve Annual EMS Permits for Providing Private Ambulance Services MEETING DATE: August 18, 2015 • Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by City Council. • Considerations: Delta Medical Transport, Inc.'s and Heart Song Care Transport Incorporated's applications for the operation of a private EMS agency were processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Delta Medical Transport, Inc. and Heart Song Care Transport Incorporated in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, the permits shall be effective immediately and until June 30, 2016. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If each applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical ServicesS City Managi k IN i I 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 DELTA MEDICAL TRANSPORT, INC. AND HEART SONG 3 CARE TRANSPORT, INC. IN VIRGINIA BEACH AND TO 4 APPROVE ANNUAL EMS PERMITS FOR PROVIDING 5 PRIVATE AMBULANCE SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-955, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2 , any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for emergency 14 transport or non-emergency transport purposes must apply for a permit; and 15 16 WHEREAS, a request for establishment and an application for a permit has been 17 received each from Delta Medical Transport, Inc. and Heart Song Care Transport 18 Incorporated.; and 19 20 WHEREAS, the requests and applications have been recommended for approval by 21 the Virginia Beach Department of Emergency Medical Services; and 22 23 WHEREAS, City Council finds the approval of these requests and applications are 24 in the best interests of the citizens of Virginia Beach as it will assure continued and 25 adequate emergency services and will preserve, protect and promote the public health, 26 safety and general welfare of the citizens. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the requests of Delta Medical Transport, Inc. and Heart Song Care Transport 32 Incorporated for the establishment of their emergency medical service in the City of Virginia 33 Beach, and their application for an annual EMS permit for providing private EMS 34 ambulance services in the City of Virginia Beach are hereby approved and granted, 35 effective immediately and until June 30, 2016. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: emergency Me.ical Services City Attorney's ffice CA13410 R-1 August 6, 2015 ,rfuc A{ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Jennifer Farr-Brewer to the Position of Deputy City Clerk II MEETING DATE: August 18, 2015 • Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." • Considerations: This resolution appoints Jennifer Farr-Brewer to the position of Deputy City Clerk II, effective August 22, 2015. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt resolution Submitting Department/Agency: City Clerk �,, City Manage k E II 1 A RESOLUTION APPOINTING JENNIFER FARR-BREWER 2 TO THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Jennifer Farr-Brewer is hereby appointed 8 to the position of Deputy City Clerk II, effective August 22, 2015. 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: •ity Clerk City Attorney's Officek"-- CA13417 R-2 August 12, 2015 131 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) to authorize the acquisition of approximately 22.54 acres of property comprised of 2272 Old Pungo Ferry Road and a vacant parcel fronting Old Pungo Ferry Road (GPINs: 2309-23-6398 and 2309-33-6649) from The Pitsilides Land Trust and (2) to appropriate $1,100,000 from the fund balance of the Agricultural Reserve Program Special Revenue Fund to CIP 4-308, "Open Space Program Site Acquisition III," for the purchase. MEETING DATE: August 18, 2015 • Background: The Pitsilides Land Trust ("Pitsilides") owns approximately 22.54 acres of property located at 2272 Old Pungo Ferry Road and including a nearby vacant parcel fronting Old Pungo Ferry Road, which is used as a drain field (collectively, the "Property"). Pitsilides has the Property on the market for sale. The Property has frontage along the North Landing River and was used as a marina and beach many years ago. The existing zoning on the Property allows commercial development. As public open space, the Property has the potential to once again serve citizens and visitors as a premiere water access site on the North Landing River. In addition, the Property is in an environmentally sensitive location, and acquiring the Property would allow the City to control how the site is used. The Property is considered a strategic location as part of the North Landing Greenway and Blueway system. The Open Space Advisory Committee and Agriculture Advisory Committee both support the purchase of the Property. • Considerations: City staff and Pitsilides have reached an agreement, subject to Council approval, for the purchase price of the Property. The agreed purchase price is $2,600,000, and the acquisition can be funded from CIP 4-308 ($1,500,000 plus associated acquisition expenses) and the Agricultural Reserve Program Special Revenue Fund ($1,100,000). As a part of this transaction, funds must be appropriated from the fund balance of the Agriculture Reserve Program Special Revenue Fund to the Open Space CIP. • Public Information: Advertisement of City Council Agenda • Alternatives: Decline to acquire the Property. • Recommendations: Approve the purchase of the Property subject to the terms and conditions of the Summary of Terms and appropriate funds. • Attachments: Ordinance, Summary of Terms,Location Map and Disclosure Statement I I II Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate and Parks and Recreation (pc City Manager: K PA-f) 08/05/2015 13: 06 (FAX) 757 498 3595 P. 002/006 1 it rI„ f i-t i rfl-[ , P'r r f { f j;qr iI II • II � i L,rU ! f : I � „YLr 1Li a ,tefi C itio,,,rh"!�n. r r i1t47.rw icP.43...y.. �'x,M1t.u11r x.rl3 M.JI+vi:..R.xf .irF " DISCLOSURE STATEMENT FOR ` X,, The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (ED1P) 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 i The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: Cas NO CHANGES AS OF DATE: ® ± REVISIONS SUBMITTED DATE: 1 08/05/2015 13: 08 (FAX) 757 498 3595 P. 003/006 .11.1:r:01 • ^- G 1e-.'.i " ,- ! . i: ",I•.-t ' : u aa • 3: C 1 ', -..... :. : , 'elPrtf f"o ,sirt' ,I �a># tr },',-4'-',.-i, X3_ ; f}" k4 " ,? 7''+ trk + ,,u �1!Ptt nit :, t44.0 aIrs4o i,,a11....0: ` 9I4; ,t',1G j1; Vf','..w.:1,` iF ,;: :'4:3:'''' i °t' ';,. � ", ti• 'ra4 ' 4; :AT.'" 14.44A, , ',11f4,,, ,, rh'° "1+ ,.,“ at � Fi +. t ��k - tT '{ * ylr1 3; � � 'r �T � �?�[t , : t��!:� � � F g:, 'k rN @ .7i ��1 `' �i' tR V . z-. d� � ,{? p + �` '' t: ''"'.07:: '"'t � � 1 c. I , �n$� ' !1 '� . 3` �� " " t g rta 'ri5wl I� , k- :$^ t T �r4k ;» ,iPr �' i+t..r , . fi ' --11;i na pli:`, 1 ' I EeS! g r" N;tIp- ' 1.� v t#1a{' 2 ,� et� f�i . a. } " .46etpS' . ''''' :4' ,_z ,:i::' 4 i eF - .4 m( '{ Irt �L` i '�a ti rn •-I 7 t 01'4;kt, '''-'''.4-t j' "R"`°M ( ` r .,,, ,A .meqP' m ,. nTP—""*"'s4m*oher unincorporated organization, AND THEN complete the fo �. (A) List the Applicant's name followed by the names of all officers, directors, members,,trustees, partners, etc. below: (Attach list if necessary) / • /TS//i L7CS 2 A,Vv 7-1?113 deo Rec P?%S/1/deS�Rrlsree (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) S-tC" A 77-46,Ale c1 /i s r" P, r9/ides .4N0 7;3 u s:- AA-Pi ;7E-- - . it 6Uy,vcSSE v7,T-/tS 1 See next page for information pertaining to footnotes and 2 4 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 08/05/2015 13: 09 IFAX) 757 498 3595 P. 004/006 l tl � e r 1 t , r .� t r (t �� 11 1 1 ray it 1 6 ' , i 4 i P 1 lfi�10',4-1.1:4 1tt 4 t i? 1 i e,t,h. i., r iflir c r... l._.: 'k { t F� i- f ,t i•.4(t i b it ��,,.1.'�7 ir- ��I L((, .r, a •N yr,.a9 re _p„ t �.. 7 ". ' w v (�.R. - u� t >�l t 1 �,,�l�y,,�l{^� 1 � If• � b ] 7 �rr:« „C wt1�i... -� �x_y �.F. ,.�-. I : i;h 0,,JF �T 4 ,.1,-. ,'*,•':-;` 7r. i �i %r die.,d ^fr6:,. t,� a�....i....-"r t',•.. '- }},, ....w:wr:R,p, 0u4ilPtM '..:Nll n.,3'1..• �r mF i 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) n. Accounting and/or preparer of C kegs y your tax return M Architect/ Landscape Architect/ .: Land Planner Contract Purchaser(if other than L' y ON.. .36-etc k Qi the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed riot purchaser of the subject property (identify purchaser(s) and purchaser's service providers) psyn. Construction Contractors En Engineers/Surveyors !' _ g 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. 1 1 II i 08/05/2015 13: 11 (FAX) 757 498 3595 P. 005/006 1, [ ,...ia., +wH. u„t7nix i ,,,N,1.4'-' .. i 1 ,wUr �r't ',7 t4 iek''t^ i<<° t � T r 1 7;' E.. ( ,i it: N } .- 4c . �..w...bwmbu.aww.wllf Ygili ,•,.. a Financing (include current • '" "� mortgage holders and lenders ;' selected or being considered to provide financing for acquisition ' or construction of the property) ,ZL=efie,�yA// F*:� , Legal Services Nc,+c. BROD.5K Real Estate Brokers / Agents for bair,;�✓;OFA r�ieCchTXmAry rAms ,� AC � ta14 current and anticipated future �fr,mcs E ../.,7--..z. sales of the subject property /eA7frrX, ‘.:_ /21,/13,'/43' 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 "} !4" 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 jof any public body r co mince in connection with this Application. 'S.'- yrs:/.ams ,2r�N� T�?u : APP CANT'S SIGNATURE izusr PRINT NAME DATE L4,:7,/� / /';TS1/Zes24Nb j�,isi 1 RTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 08/05/2015 13: 12 (FAX) 757 498 3595 P. 006/006 r ea_cs_�n�S I4 Pitsilides Land Trust—affiliated business entities 1. The Captain at the Beach. LLC, a Virginia limited liability company(owns Myrtle Beach restaurant property) Pitsilides Management of SC, Inc. (manager) Pitsilides Family Trust(member) Pitsilides Family, LLC(member) 2. PitCo 1, LLC, a Virginia limited liability company (owns Kill Devil Hills restaurant property) George Pitsilides—Manager George and Sharon Pitsilides, Trustees--members 3. Pitsilambous. Inc., a Virginia corporation (owns and operates Captain George's restaurant on Laskin Road in Virginia Beach) 4. Lideslambous, Inc., a Virginia corporation (owns and operates Captain George's restaurant in Williamsburg) 5. Captain KDH, LLC, a Virginia limited liability company(owns and operates Captain George's restaurant in Kill Devil Hills, NC) Stockholders or members of the above three restaurant companies are George Pitsilides, Sharon Pitsilides, Nicole Perkins(daughter) and Kristina Chastain (daughter) 6. Captain George's of South Carolina, L.P., a Virginia limited partnership (owns and operates Captain George's restaurant in Myrtle Beach, SC) Captain George's of South Carolina, Inc. (general partner) Pitsilides Family, LLC (limited partner) 1 1 II 1 AN ORDINANCE (1) TO AUTHORIZE THE 2 ACQUISITION OF APPROXIMATELY 22.54 3 ACRES OF PROPERTY COMPRISED OF 4 2272 OLD PUNGO FERRY ROAD AND A 5 VACANT PARCEL FRONTING OLD PUNGO 6 FERRY ROAD (GPINS: 2309-23-6398 AND 7 2309-33-6649) FROM THE PITSILIDES LAND 8 TRUST AND (2) TO APPROPRIATE 9 $1,100,000 FROM THE FUND BALANCE OF 10 THE AGRICULTURAL RESERVE PROGRAM 11 SPECIAL REVENUE FUND TO CIP 4-308, 12 "OPEN SPACE PROGRAM SITE 13 ACQUISITION III," FOR THE PURCHASE. 14 15 WHEREAS, the Pitsilides Land Trust ("Pitsilides") owns two parcels of land 16 totaling approximately 22.54 acres comprised of 2272 Old Pungo Ferry Road and a 17 vacant parcel fronting Old Pungo Ferry Road used as a drain field (collectively, the 18 "Property"), as further described on Exhibit A, attached hereto and incorporated herein; 19 20 WHEREAS, Pitsilides has agreed to convey the Property to the City for 21 $2,600,000, subject to Council approval and in accordance with the Summary of Terms 22 attached hereto as Exhibit B and incorporated herein; 23 24 WHEREAS, $1,500,000 of the funding for this acquisition and any associated 25 expenses are available in CIP 4-308, "Open Space Program Site Acquisition III;" and 26 27 WHEREAS, the remaining funds of $1,100,000 are not needed in the immediate 28 fiscal year for the Agricultural Reserve Program Special Revenue Fund and will be 29 appropriated to CIP 4-308 to be used for the acquisition of the Property. 30 31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 32 VIRGINIA: 33 34 1. That the City Council authorizes the purchase of the Property, which 35 Property is generally identified as GPINs: 2309-23-6398 and 2309-33-6649 and further 36 described on Exhibit A. 37 38 2. That the City Manager or his designee is further authorized to execute all 39 documents that may be necessary or appropriate in connection with the purchase of the 40 Property, so long as such documents are in accordance with the Summary of Terms 41 attached hereto as Exhibit B and made a part hereof and containing such other terms 42 and conditions deemed necessary and sufficient by the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 I I II i 45 3. The City Council hereby appropriates $1,100,000 from the fund balance of 46 the Agricultural Reserve Program Special Revenue Fund to CIP 4-308 for the purchase 47 of the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2015. Requires an affirmative vote by a majority of all of the members of City Council. CA13224 R-1 PREPARED: 8/6/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d004\p018\00228632.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 9IdPJ )c), P IC ORKS, REAL ESTATE CITY A TORNEY APPROVED AS • CONTENT AND RECREATION APPROVED AS TO CONTENT I 1 V4 ( MANAG E T SERVICES I I II EXHIBIT "A" Legal Description of 2272 Old Pungo Ferry Road, Virginia Beach, VA 23457 GPINS: 2309-23-6398 and 2309-33-6649 GPIN: 2309-23-6398 PARCEL ONE: ALL THAT certain lot, piece or parcel of land situated in Pungo Borough in the City of Virginia Beach in the State of Virginia, on the East bank of the North Landing River near the East end of Pungo Ferry Road Bridge and designated "B" on the plat hereinafter referred to and more particularly bounded and described as follows: to-wit: BEGINNING at a pin at the northeast corner of Parcel A as shown on plat entitled "Subdivision of Property of John J. Miller, located near Creeds, Pungo Borough, Virginia Beach, VA for Delbert R. James dated March, 1966, made by C. A. Bamforth, C.L.S." recorded in Map Book 69, at page 21, which said pin is a distance of 160 feet North 6 degrees 55 minutes East from the North side of Pungo Ferry Road (State Route 1726) and running thence North 6 degrees 55 minutes East 1093.28 feet along other land of the first parties herein, designated John J. Miller on said plat, to a pipe on the South bank of Ackiss Canal; thence South 83 degrees 57 minutes West 610.4 feet along said bank of said canal to the bulkhead line of said North Landing River, also a part of the Intercoastal Canal, thence South 5 degrees, 03 minutes East 368 feet along said bulkhead line to a point; thence South 01 degree 46 minutes 30 seconds West along said bulkhead line 198.16 feet to a point at the Northwest corner of land of said second party herein, Delbert R. James; thence along the northern boundary of said Delbert R. James, North 85 degrees 05 minutes East 409.9 feet to a point; thence South 06 degrees 55 minutes West along said land of Delbert R. James 492.1 feet to a pin in the Northwest corner of said Parcel A; thence South 88 degrees 18 minutes East along the Northern boundary of said Parcel A to the point of beginning, the property hereby conveyed consisting of 8.4 acres. PARCEL TWO: ALL THAT certain tract, piece or parcel of land with the improvements thereon and the appurtenances thereto, lying, situate and being in Pungo Borough, City of Virginia Beach, Virginia, being a part of what was formerly known as the Dudley Farm, and more particularly bounded and described as follows: BEGINNING at a pin in the Pungo Ferry Road, which pin is the dividing line between this property and the property of John J. Miller, and running thence North 6 degrees 55 minutes East 657.7 feet to a pin in the centerline of a ditch; thence turning and running along the said ditch South 85 degrees 05 minutes West 409.88 feet to the Eastern side of the Intercoastal Canal; thence turning and running in a Southerly directions along the Eastern side of the Intercoastal Canal until the same intersects the Northern side of Pungo Ferry Road (State Route 190); thence turning and running along the Northern side of Pungo Ferry Road 345.2 feet to the point of beginning. Said parcel of land being shown on a certain plat entitled "Property of Lelia S. Dudley located near Creeds in Princess Anne County, VA" dated October 6, 1959, and made by W.B. Gallup, County Surveyor, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 49, at page 9 and designated on said plat as 5.52 acres reserved by Lelia S. Dudley. PARCEL THREE: ALL THAT certain tract, piece or parcel of land situate, lying and being in the Pungo Borough of the City of Virginia Beach, Virginia and being more particularly designated as Parcel 1, 6.881 acres on that certain plat entitled "Subdivision of Property of John J. Miller, Pungo Borough, Virginia Beach, Virginia," which plat is dated May 1969, was made by Frank D. Tarrall, Jr. & Associates, Surveyors and Engineers", and which plat is recorded in Map Book 80, at page 43 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; reference to said plat being hereby made for a more particular description and location of the aforementioned property. PARCEL FOUR: ALL THAT lot, piece or parcel of land situate on the North side of Pungo Ferry Road in Pungo Borough in the City of Virginia Beach, Virginia, designated "A" on a plat entitled "Subdivision of Property of John J. Miller located near Creeds, Pungo Borough, Virginia Beach, Virginia for Delbert R. James dated March, 1966, made by C. A. Bamforth C.L.S." to the duly recorded with a deed of even date herewith from the grantors herein to Delbert R. James reference being hereby expressly made to said plat, said land being more particularly bounded and described as follows: to-wit: BEGINNING at a pin in the Northern boundary of Pungo Ferry Road distant 447.1 feet South 88 degrees, 18 minutes East from the highway monument in said Northern boundary of said road near the East Bank of the North Landing River and eastern terminus of the Pungo Ferry Bridge and running thence North 6 degrees 55 minutes East 160 feet along other land of the first parties herein to another pin; thence North 88 degrees 18 minutes West a distance of 100 feet along the Southern line of Parcel B on said plat to a pin; I II thence South 6 degrees 55 minutes West 150 feet along the Eastern boundary of land of Delbert R. James to a pin in said Northern boundary of Pungo Ferry Road; thence South 88 degrees 18 minutes east along said road to the beginning. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach by Deed recorded in Deed Book 2821, at page 1752. GPIN: 2309-33-6649 (Drain Field Site) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 17, as shown on a plat entitled "Property of D.R. & Zora Belle James, Pungo Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 126, at page 26. Together with all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described properties, including, without limitation, all that certain sewer easement created by and between Robert L. Sowder, II, and Paula M. Sowder, and G. & J. Land Company, dated November 21, 1986 and recorded in the aforesaid Clerk's Office in Deed Book 2572, at page 58 I EXHIBIT "B" SUMMARY OF TERMS SELLER: The Pitsilides Land Trust BUYER: City of Virginia Beach, VA PROPERTY: 2272 Old Pungo Ferry Road and related drain field site connected by a sewer easement (GPINs: 2309-23-6398 & 2309-33-6649) as further described in Exhibit A CONSIDERATION: $2,600,000.00 SOURCE OF FUNDS: Open Space CIP 4-308.003 ($1,500,000) and Agricultural Reserve Program Special Revenue Fund ($1,100,000 to be transferred to Open Space CIP) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon Seller executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, pending Council approval. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. D W x N E `` F- J63 i , V) a r ce LI. r , r�.t+� a 0 Ce M O� a I .!^`��'� -� a Z CSO co V Oy �' tL \v, A I,i �i ZJLLNM a el o Q -� p U) 0 og M oL 5 N oafco d N � � t � t.- \ ~' UJ = ZN o Q n Oma — 03 (NJ cl in v r? iets ,� •� ; 11.1 a J (9 w Q oQ ,R .; 2 A O o �n ,�r�'SLL N E M ��jw g 00 `n N o p. �E p N ti 4 �? u � Q relit o Q LU oQ R ELS1 i Z ` ' >, t tr Mx AM - + ; ' Z } 7 T -,r.v-, , -,-,,„,,,,; � 't �� fit N O t 1 a- _ 'may~• .y a �44 ii Z Q. -� t`al Li- .1.4501- f U � X li A r,A ; S ,i,-::1'.,:•,.,,:,-.4 d 'J F 1i 'Fi,y'�r- rd A F+ olikt4- , " + j 3,-V4.,)•,..1;‘,.*'-: �� ] K* '`�, r� S d $.� iis tiltipise''''.. 44 rit '7;21 t W :# -- Li. o 0 k; N ij., ,..4f.1.:,Fes.. 1 9- • p F j l0 s s ^ m at,)-4,,,i, . . c 11) ' 41416 .,-'1,,1'l,1i C .Fi F gam' * I ,ot:..0 4. *4 + y +; W il :14:,:,t,?;114":„:"..: :....,:: .. a l a D x • N J06 N 3l.. ...... (X ce u- o I' p o iso a0Ce>" !Mo cn co Zr.o I ;`,, Z �/ tD cn Qwchco "' °�n a ' ZJLLNch a � ro o o O � Oa, �") o N A\ I-- e, el cn in § I-- 1 M ° F- O � aa � M R lO z -� °° � � � 0 a w 111 aJ_, . C7 re � LO o - SE+ N• o R z 0. a q N 2 o z LI ° ` cD N (a) o �2 a Q � v ll W . N u 0 M R �,,, Jii ' g 0 .4 0 a N ` w �,,\ Q N x ,- p,RN1EL T Z tzn x Zce Q 0 Q C;' < • ci I ,/ l L u O 1 .......... ,-_-_3 a et. >_. c„ CC LU V O O N O o 0 2 o a 2 tU I N C O a a n co 1NC�SS AtdNE c pR W of C LLQ ilf, d a 11.1 2i a 22 _ ` N y� i [ ,,th-c',,,f; ,,,, �`yyV -1 CITY OF VIRGINIA BEACH AGENDA ITEM ,J ITEM: An Ordinance to Accept and Appropriate $192,100 in Donations to the Department of Housing and Neighborhood Preservation and to Authorize a Donation to a Foundation Supporting the Housing Resource Center MEETING DATE: August 18, 2015 • Background: Two years ago, City Council adopted a plan to end homelessness. A part of this plan is building a Housing Resource Center, with day services for homeless people, temporary emergency shelter and community services to prevent homelessness. The City is funding the $39 million needed to build the Center; however, private donations are being accepted to help operate the Center. As a result of Mayor Sessoms' fundraising drive to support the Center's operations, the City has received donations from Beach Fellowship in the amount of $130,000, Wave Church in the amount of $50,000, and smaller donations totaling $12,100. In addition, VB HomeNow Foundation, a non-profit organization, is in the process of being incorporated, plans to conduct additional fundraising, and plans to take the funds raised and allocate them based on the community's priorities for facilities or programs at the Housing Resource Center. The donation will be conditioned upon the Foundation (1) registering with the State Corporation Commission; (2) establishing a bank account; and (3) using the funds in furtherance of serving City residences, including supporting the Housing Resource Center. • Considerations: Approval will allow the City to accept these donations, appropriate them in the FY 2015-16 Operating Budget of the Department of Housing and Neighborhood Preservation, and then donate the funding received to the VB HomeNow Foundation for use within the Housing Resource Center. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendation: Adopt the attached ordinance • Attachments: Ordinance; Disclosure Form for VB HomeNow Foundation Recommended Action: Approval 1/4Submitting Department/Agency: H��tk, �� e ghborhood Preservation City Manager: .64, OVA II DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: VB HOME NOW Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: SERVICE PROVIDER (use additional sheets if YES NO needed) ❑ Accounting and/or preparer of your tax return _... Financial Services (include yllending/banking institutions and current mortgage holders as a.•licable) TV I I Legal Services � z 6 i l` Cn Broker/Contractor/Engineer/Other Service Providers I II DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: VB HOME NOW Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: SERVICE PROVIDER (use additional sheets if YES NO _ needed) Accounting and/or preparer of your n __. tax return Financial Services (include 141 lending/banking institutions and current mortgage holders as a• •licable) El Legal Services ❑ Broker/Contractor/Engineer/Other Service Providers 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 DONATIONS TO THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION AND TO AUTHORIZE 4 A DONATION TO A FOUNDATION SUPPORTING THE 5 HOUSING RESOURCE CENTER 6 7 WHEREAS, the City has received $192,100 in donations from Beach Fellowship 8 ($130,000), Wave Church ($50,000), Christian Broadcasting Network ($5,000), Virginia 9 Dealer Services Inc. ($5,000), Waller Todd and Sadler Architects ($1,000), James 10 Walrod ($500), Vansant & Gusler, Inc. ($500), and Black and White Cabs of Virginia 11 Beach ($100); and 12 13 WHEREAS, VB HomeNow Foundation is a local non-profit that has a pending 14 application with the State Corporation Commission, and its purpose is to raise funds to 15 support the mission of the Housing Resource Center. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. $192,100 is hereby accepted and appropriated, with estimated revenues 21 increased accordingly, to the FY 2015-16 Department of Housing and Neighborhood 22 Preservation; and 23 24 2. The Council authorizes a donation of $192,100 to VB HomeNow 25 Foundation conditioned upon: (a) VB HomeNow Foundation completing any registration 26 requirements by the State Corporation Commission; (b) the Foundation establishing a 27 banking account to receive such funds; and (c) the donated funds shall to be used in 28 furtherance of services for the residents of the City to include supporting the mission of 29 the Housing Resource Center. 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: `Budget - d anagement Services Ci ttorney's Office CA13414 R-1 August 4, 2015 1 1 II I 1 -.-5 Y1A BggC ,ltY.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2015-16 Operating Budget of the Police Department for Efforts to Address Internet Crimes Against Children MEETING DATE: August 18, 2015 • Background: The County of Bedford and more specifically, the Southern Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund, which is administered by the Virginia Department of Criminal Justice Services. The City of Virginia Beach Police Department (VBPD) has been approved as a sub-recipient for $65,000 of this funding. This grant will fund equipment needed for ICAC investigations, overtime for ICAC related travel, training or other approved events, and training needed to investigate ICAC cases. As the lead agency of District Two of the Southern Virginia ICAC Task Force, the VBPD will also be responsible to pass through payments to other affiliates within the district. The grant period is from July 1, 2015 through June 30, 2016. • Considerations: There is no local match requirement for this grant. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager. ____ : )-86-e€2._ i I i 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE FY 2015-16 OPERATING BUDGET OF THE 3 POLICE DEPARTMENT FOR EFFORTS TO ADDRESS 4 INTERNET CRIMES AGAINST CHILDREN 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $65,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services via the Bedford County Sheriff's Office and appropriated, with estimated state 11 revenues increased accordingly, to the FY 2015-16 Operating Budget of the Police 12 Department to provide equipment, overtime pay, and specialized training and related travel 13 to the Police Department, which will enhance efforts to address Internet crimes against 14 children. 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 a : M.nagement Services Ci A (Or-es •ffice CA13411 R-2 August 7, 2015 I I II I 1 Nvi '4,1 0L 'L. . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fire Department's Gift Fund to the Fire Department's FY 2015-16 Operating Budget MEETING DATE: August 18, 2015 • Background: The City has a Fire Gift Fund for individuals to donate money to the Fire Department. The money is deposited into the fund and tracked by the department to ensure it is expended for the purpose for which it was donated. In February 2014, $400 was donated to Station 09 by the Avis Budget Group to use as deemed appropriate by the Fire Department. • Considerations: The Department proposes using the donated funds to purchase a television for Station 9. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. k. 111 AN ORDINANCE TO APPROPRIATE FUNDS 2 FROM THE FIRE DEPARTMENT'S GIFT FUND 3 TO THE FIRE DEPARTMENT OPERATING 4 BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $400 in donations from the Avis Budget Group is hereby appropriated, with 10 estimated revenue increased accordingly, to the FY 2015-16 Fire Department Operating 11 Budget to purchase a television for Station 09. 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: 1 Budget an,, Ma agement Services Ci or -y's Office CA13415 R-1 August 5, 2015 � I i K. PLANNING 1. VICTORIA PARK HOMEOWNERS ASSOCIATION, INC for Closure of the right-of-way known as Guernsey Way re open space DISTRICT 7—PRINCESS ANNE RECOMMENDATION DENIAL 2. STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC for Modification of Conditions of a Conditional Use Permit re expansion of a Tattoo Parlor (approved May 11, 2010) at 512 South Independence Blvd DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVAL 3. 2798 DEAN LLC, for a Conditional Use Permit re bulk storage at 2798 Dean Drive DISTRICT 6—BEACH RECOMMENDATION APPROVAL 4. FUN SPOT AMUSEMENTS, LLC, for a Conditional Use Permit re inflatable outdoor recreation at 304, 306 and 308 22nd Street. DISTRICT 6—BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 5. LARAE TUCKER and KRISH ENTERPRISES,LLC, for a Conditional Use Permit re a convenience store and fuel sales at 300 South Rosemont Road DISTRICT 6—BEACH RECOMMENDATION APPROVAL 6. PF HILLTOP and REGENCY HILLTOP ASSOCIATES,LLP for a Conditional Use Permit re a gym and fitness center at 1944 Laskin Road DISTRICT 6—BEACH RECOMMENDATION APPROVAL 7. MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form-Based Code re a commercial building at: a. 1602 Atlantic Avenue b. 2904 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION APPROVAL 8. CITY to AMEND Section 111 of the City Zoning Ordinance (CZO) re Definition of Family Day- Care Home RECOMMENDATION APPROVAL rrp , buvyw�aEt�t ve,1".r • NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday,August 18.2015 at 6:00 PM, at which time the following applications will be heard: DISTRICT 7-PRINCESS ANNE VICTORIA PARK HOMEOWNERS ASSOCIATION, INC Application: Street Closure - Guernsey Way. (Adjacent GPINs 1493681798; 1493682661; 1493790082).COUNCIL DISTRICT 3-ROSE HALL STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC Application: Modification of Conditions of a Conditional Use Permit for a Tattoo Parlor approved on 5/11/2010.512 South Independence Blvd,Suite 100 (GPIN 1476688794) CITY OF VIRGINIA BEACH - AMENDMENT TO ZONING ORDINANCE An Ordinance to Amend Section 111 of the City Zoning Ordinance to Pertaining to the Definition of Family Day-Care Home. DISTRICT 6-BEACH 2798 DEAN LLC Application: Conditional Use Permit(Bulk Storage Facility), 2798 Dean Drive (GPIN 1497740071). DISTRICT 6-BEACH FUN SPOT AMUSEMENTS, LLC Application: Conditional Use Permit (Outdoor Recreation), 304, 306, and 308 22nu Street. (GPINs 2427180616; 2427089655; and 2527089604) DISTRICT 6-BEACH LARAE TUCKER & KR ISH ENTERPRISES, LLC Application: Conditional Use Permit (Automobile Service Station - fuel sales with convenience store).300 S.Rosemont Road(GPIN 1487607775) DISTRICT 6-BEACH PF HILLTOP & REGENCY HILLTOP ASSOCIATES, LLP Application: Conditional Use Permit (Indoor Recreational Facility). 1944 Laskin Road(GPIN 2407387103). DISTRICT 6-BEACH MARK&KENNY SAMTANI[Applicants] & MAHAKAAL 1600 LLC [Owner], Special Exception for Alternative Compliance to the Oceanfront Resort Form-Based Code. 1602 Atlantic Avenue(GPIN 2427168884) DISTRICT 6-BEACH MARK & KENNY SAMTANI & MAHAKAAL 2904 LLC Application: Special Exception for Alternative Compliance to the Oceanfront Resort Form-Based Code. 2904 Atlantic Avenue(GPIN 2428016690) 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.vbgov.com/oc 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:AUGUST 2&9,2015 41111111119 • c9g) gt 011.1.1 10411. I�iyi cill ' 4f) r wy ice! .1111.4 0 440 #19 U C4 En i 41°4 Z 90 it Plaili CU 40 CL 44ti) 64 Qt„-'7r,#'-''' 44 2 „,,.... Z % : em, 11... sl ix c4444\.\\Iss.4t -FQ 0 0"V O ,..... , . ., '\\ 4c . 0 \.,, , ce 4 IC*''''.4i. „ .yer) I ,�� Ili 'feil L, 11 ' rn X. • s rf islJ% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving the Application of Victoria Park Homeowners Association, Inc. for the Closure of 9,211 Sq. Ft. of Right-of-Way Known as Guernsey Way. MEETING DATE: August 18, 2015 • Background: In 2003, the property that is now the Victoria Park neighborhood was rezoned from AG-1 and AG-2 to Conditional R-30 Residential District with an Open Space Promotion. The Victoria Park development, consisting of 65 single-family lots, was one of the first residential communities designed and approved under the 2003 Transition Area Design Guidelines (the "Guidelines"). As required by the Guidelines, the Victoria Park development contains approximately 25 acres of open space and a system of internal trails, as well as connection points to adjacent properties. The property to the north of Victoria Park was originally zoned for 108 single-family lots, but is now the site of the new Kellam High School. • Considerations: Two of the required connection points within Victoria Park are located on the northeast side adjacent to Kellam High School. One of the connection points is shown on the approved plans as strictly for pedestrians and the second connection point is shown as being for vehicles and pedestrians. This second connection is now the public right-of-way known as Guernsey Way, which was originally an improved paved street, but now consists of 9,211 square feet of sidewalk and lawn. Guernsey Way terminates at the Kellam High School property line. Victoria Park Homeowners Association (the "Applicant"), is requesting that Guernsey Way public right-of-way be closed and integrated into its adjacent open space. Details pertaining to this request, as well as staffs evaluation, are provided in the attached staff report. The Viewers Committee recommended denial of the request because it would result in a public inconvenience. Many City plans, policies and guidelines address the desire for well-planned and meaningful vehicular and pedestrian connections that link communities. Terminating the public's ability to use the right-of-way would permanently remove all future opportunities for cycling and I III pedestrian linkage between the neighborhood, the high school and beyond. Guernsey Way continues to be used by the public and closing it would result in both a public inconvenience and public safety issues. • Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommended denial of this request to the City Council. ■ Alternatives: If the application is approved, the following conditions are recommended: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall subdivide the property and vacate the internal lot lines to incorporate the closed area into the adjoining Open Space Parcels 6 and 7. The plat shall include the dedication of a public access easement to the grave site located on Open Space 7 subject to the approval of the City Attorney. The plat shall also include the dedication of a public primary trail easement of at least 20' in width over the closed portion of the right-of-way proposed for closure, subject to the approval of the Department of Parks and Recreation and the City Attorney. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall dedicate the necessary easements for City utility and/or drainage facilities located in the right-of-way proposed for closure, subject to the approval of the Departments of Public Utilities and/or Public Works and the City Attorney, which easements shall include a reasonable right of ingress and egress. 4. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there either are or may be private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility companies must be provided. 5. Closure shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way this approval shall be considered null and void. I III • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: Planning Departmen 4 ,,,..j r,, . City Manager: k ,.z,ti.,,, III 1 ORDINANCE APPROVING APPLICATION 2 OF VICTORIA PARK HOMEOWNERS 3 ASSOCIATION, INC. FOR THE CLOSURE 4 OF 9,211 SQ. FT. PORTION OF RIGHT- 5 OF-WAY KNOWN AS GUERNSEY WAY 6 7 WHEREAS, Victoria Park Homeowners Association, Inc. (the "Applicant") applied 8 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described right-of-way be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "GUERNSEY WAY 50' 9211 SQ. FT. = 0.2115 27 ACRE", as shown on that certain plat entitled: "STREET 28 CLOSURE EXHIBIT GUERNSEY WAY VICTORIA PARK 29 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated 30 January 28, 2015, prepared by Dennis Gerwitz Land 31 Surveyors, P.C., a copy of which is attached hereto as 32 Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City Council's 37 adoption of this ordinance: 38 39 1. The City Attorney's Office will make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City shall be 41 determined according to the "Policy Regarding Purchase of City's Interest in 42 43 No GPIN (Public Right-of-Way) 44 (Adjacent GPINs: 1493-68-1798, 45 1493-68-2661 and 1493-79-0082) 1 46 Streets Pursuant to Street Closures", approved by City Council. Copies of the policy are 47 available in the Planning Department. 48 49 2. The Applicant shall subdivide the property and vacate the internal lot lines 50 to incorporate the closed area into the adjoining Open Space Parcels 6 and 7. The plat 51 shall include the dedication of a public access easement to the grave site located on 52 Open Space 7 subject to the approval of the City Attorney. The plat shall also include 53 the dedication of a public primary trail easement of at least 20' in width over the right-of- 54 way proposed for closure, subject to the approval of the Department of Parks and 55 Recreation and the City Attorney. The plat must be submitted and approved for 56 recordation prior to final street closure approval. 57 58 3. The Applicant shall dedicate the necessary easements for City utility 59 and/or drainage facilities located in the right-of-way proposed for closure, subject to the 60 approval of the Departments of Public Utilities and/or Public Works and the City 61 Attorney, which easements shall include a reasonable right of ingress and egress. 62 63 4. The Applicant shall verify that no private utilities exist within the right-of- 64 way proposed for closure. Preliminary comments from the utility companies indicate that 65 there either are or may be private utilities within the right-of-way proposed for closure. If 66 private utilities do exist, easements satisfactory to the utility companies must be 67 provided. 68 69 5. Closure shall be contingent upon compliance with the above stated 70 conditions within three hundred sixty-five (365) days of approval by City Council. If the 71 conditions noted above are not accomplished and the final plat is not approved within 72 one (1) year of the City Council vote to close the right-of-way this approval shall be 73 considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before August 17, 2016, 78 this Ordinance will be deemed null and void without further action by the City Council. 79 80 2. If all conditions are met on or before August 17, 2016, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if 85 any, that may be requested to convey such interest, provided said documents are 86 approved by the City Attorney's Office. 2 ' I III 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 90 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 91 VIRGINIA BEACH as "Grantor" and "VICTORIA PARK HOMEOWNERS 92 ASSOCIATION, INC., as "Grantee." 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 95 of , 2015. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lth ¼ Planni7 I epartment City Attorney CA13219 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D021\P018\00168141.doc R-1 August 7, 2015 3 I EXHIBIT A k TH 4 sew Corti �¢L OF Pi.,,, �� 'ICCe s D A,N cede s4 �� ,�, 70 oRa�NgC s „. k As-1/47. cgKe '41444 o ENNI� G..'WI '�' \,MSF °6 44 x i'%ti Scy00 C.).�� / • #.. 6%/C) SO°\ / 6 4 LI . NO. ` /cv t ' 1500 �O co /"147- OROp .MFr44 F Z/3//5". g CO /�`O by, i 2,5' 9� SURTO v /�o o •k• x\ • �/� / lV • �Q f As£ OJ 2S• O �Fl / 22 P�GONG/, 4�O ��/�o (' �4 • (o hM 40 /. I. /(0 I\ /\ / h OQ I� Li �Gp�G .. ' ...,lO,c/ /i 0 � i, v � �hi�'/ / O / P � / /\ % \\ //0 �` PGo- P/GOaG 0 0 Z 7• az��,� � F\� Q/<�Q, \,�`L cCl Co, 42-'`' 0- ,Q . *AS' NOTE: THIS EXHIBIT IS INTENDED TO SHOW THE AREA "K .• �k ha �oc9 OF PROPOSED RNV CLOSURE& INDEPENDENT OF THE 0•00. �y tio,�P ASSOCIATE RECORD DOCUMENTS IS NOT INTENDED �, 8 COCO) FOR ANY OTHER THAN GENERAL REFERENCE. NO TITLE 4+ � •® HAS BEEN PROVIDED FOR THIS PROPERTY. -e<94•409 yO7F66 j P��GO�G. / 0o � ,,\y 91 +O` Q�� ONG. OQ"0Qo STREET CLOSURE EXHIBIT k GUERNSEY WAY ;�oO VICTORIA PARK VIRGINIA BEACH, VIRGINIA INST.#200510120165712 DATE:JANUARY 26,2015 DENNIS GERWITZ SCALE: 1"=25' Dd, LAND SURVEYORS, P.C. 2096 AGECROFT ROAD F.B.: 564 CAD TECH: DC 460-0039 FAX 460-0043 VIRGINIA BEACH VIRGINIA 23454 I I PRINCESS ANNE 'aa:i.„ Victoria Park Homeowners Association,Inc. 3 July 8, 2015 Public Hearing A .1,,- AG1 AG1 Kellam High School APPLICANT: VICTORIA PARK R30* 4i HOMEOWNERS' .s ASSOCIATION, INC. R30. iAG1 PROPERTY OWNER: '\ . R3°` -'..'s..\\ ,' R30• CITY OF VIRGINIA PON1` z,"ny mem G,w.e.e..#wa.°441w0i".,...`"'" Street Closure-Guernsey way BEACH STAFF PLANNER: Carolyn A.K. Smith REQUEST: Discontinuance, closure and abandonment of Guernsey Way ADJACENT GPINS: ELECTION DISTRICT: SIZE: AICUZ: 14936817980000 PRINCESS ANNE 9,211 square feet Less than 65 dB DNL 14936826610000 14937900820000 • • BACKGROUND / DETAILS OF PROPOSAL In 2003, the Victoria Park neighborhood was rezoned from AG-1 and AG-2 to Conditional R-30 Residential District with a Conditional Use Permit for Open Space Promotion. The proposal created a 65 lot, single family neighborhood with approximately 25 acres of open space. The concept reflected a vision of a high quality neighborhood designed to preserve large open spaces and showcase the environmental resources on the property. When the neighborhood was approved, Guernsey Way was established to serve as a future thoroughfare to the parcel to the east, which was rezoned in 2005 for 108 single family lots. Originally a paved street, today Guernsey Way exists as a 9,211 square foot, open space. The right-of-way terminates at the Kellam High School property line. The applicant, the Victoria Park Homeowners'Association, is requesting that the Guernsey Way public right-of-way be closed and integrated into its open space. $ 0 VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped, paper street with a sidewalk SURROUNDING LAND North: • Single-family dwellings/Conditional R-30 Residential USE AND ZONING: District South: • Single-family dwellings/Conditional R-30 Residential District East: • Kellam High School /AG-1 Agricultural District West: • Bombay Landing • Single-family dwellings /Conditional R-30 Residential District NATURAL RESOURCE AND The property is within the Southern Rivers Watershed. Prior to the CULTURAL FEATURES: development of the single family neighborhood, the property was under cultivation for many years. There do not appear to be any significant environmental or cultural features in the right-of-way. 4 • IMPACT ON CITY SERVICES PUBLIC WORKS -TRAFFIC ENGINEERING, OPERATIONS: There do not appear to be any City plans or intention to develop this right-of-way as a vehicular street. There is an existing manhole and drop inlet within Guernsey Way. PUBLIC UTILITIES,WATER&SEWER: There is a six-inch water main and an eight-inch sanitary sewer gravity main with Guernsey Way. PRIVATE UTILITES: Preliminary comments from the private utility companies indicate no objections to the closure. Dominion Virginia Power indicated that there is a City streetlight pole in the right-of-way and an underground duplex cable that serves two additional streetlights. 4 • EVALUATION AND RECOMMENDATION Using the Transition Area Guidelines, a set of criteria for assessing consistency with the Comprehensive Plan's policies for the Transition Area, careful consideration for the rezoning to create the Victoria Park neighborhood was given to the quality of the neighborhood layout, building materials and dwelling design; landscape amenities; natural features; viewsheds; density; street design; open space; and pedestrian and vehicular connectivity. The open space component of the project included a well-planned pedestrian circulation system with internal paths, as well as property set aside and dedicated to future connectivity to VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 2 adjacent properties. In 2003, when the Victoria Park neighborhood was approved, Guernsey Way was established as one such connection point that would serve as a future thoroughfare and trail connection. In 2004, West Neck, L.L.C. requested a rezoning of the adjacent parcel to the east for a 108-lot, single- family residential development. Just as with the 2002 approval of the Victoria Park rezoning, the plan approved by City Council for the West Neck, L.L.C. development depicted the Guernsey Way connection, thereby memorializing this linkage. The residential development proposed by West Neck, L.L.C. never materialized. The Virginia Beach Public Schools (VBPS) purchased the property for the replacement of Kellam High School. In 2010, City Council approved a rezoning of the property to its original AG-1 Agricultural District zoning, allowing for the development of the site for a school and related facilities. As part of the design of both the building and the site, the VBPS design team conducted many meetings and design workshops with representatives of all stakeholders to gain input pertaining to building and athletic field placements, buffering, sustainability, noise, lighting, bus loading, parking, and access. This major public effort resulted in a consensus on the final design for the site and building. Staff concluded, as well as the City Council and the School Board, that the proposed school design reflected a sensitivity to the issues of the adjacent neighbors while functioning well for the students and faculty. As a part of the first phase of the site work associated with the Kellam project, the physical street improvements installed as Guernsey Way were removed. Approximately 3,500 square feet of pavement was removed and replaced with a six-foot wide sidewalk terminating at the grave site, as well as a Grasspave°system that provides vehicular and heavy load support over grass areas for emergency vehicles, and extensive plant material. Based on complaints and concerns by some Victoria Park residents, the proposed opening in the fence was never installed, thus eliminating pedestrian access. According to School Board Staff, there have been on-going discussions and debate among residents in the vicinity of the school (residents along North Landing and Victoria Park) as to whether a formal pedestrian access at this location is warranted. The Street Closure Viewers, appointed by the City Council, met in May to review the request, and agreed that the layout of the Kellam High School site negates any future need for the City to"redevelop"the street for motor vehicle use. There was, however, a firm consensus by the Viewers that the request for closure of the right-of-way should be denied for the following reasons. 1. There are no sidewalks along North Landing Road. Walking or riding a bike along North Landing Road is extremely dangerous, but done frequently by students heading to and from Kellam High School. Maintaining the Guernsey Way right-of- way provides a safe alternative to North Landing Road. 2. As evidenced in the photograph to the right, as wellr. "rr nam : HI'' s ,' a;'. '®meaa as repeated reports of vandalism to the closed-off ° t. access, students, and others continue to use the ' I I '� b right-of-way to gain entry onto the high school „* property. , ae ° �+�” _ a•na�F Ili 3. Stormwater infrastructure and public utilities are , ,i <'a - ° r ,_ =' located within the right-of-way. If the right-of-way is closed, a minimum 40-foot wide easement with limited encroachment would be required. Additionally, the existing sanitary sewer main located in the right-of-way is constructed of polyvinyl chloride (PVC) pipe. Public Utilities Design Standards require sanitary sewer mains within an easement be constructed of ductile iron pipe. Ductile iron is a tougher material and is required in areas where public utilities are located on private property. Utilities on private property are at a much VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 3 I greater risk of being damaged.Any deviation from this standard would require approval of a variance from Public Utilities. Finally,the sanitary sewer main in Guernsey Way is the sanitary sewer discharge point for the Victoria Park neighborhood. Damage to this sewer main would impact service to the entire neighborhood. 4. A street closure at this location is not consistent with the adopted public policy outlined in the Comprehensive Plan, the Transition Area Design Guidelines, the Master Transportation Plan, the Envision Virginia Beach 2040 Report (2040 Report), the Sustainability Plan and the Bikeways and Trails Plan. The Comprehensive Plan's Land Use policies for the Transition Area emphasize bikeway and trail connectivity between land uses. The Guidelines state that multi-purpose trails should interconnect residential areas as well as provide connections to non-residential areas in order to enhance non-vehicular mobility. The Plan provides policies related to: increasing cycling and pedestrian activity; removing physical barriers for bike and pedestrian facilities in and around neighborhoods; increasing connectivity for bikes and pedestrians to neighborhood commercial centers, parks, and schools and; where possible, requiring pedestrian and bike connections in neighborhoods that contain cul-de-sac and dead-end streets (p. 6-4, 6-17, 6-19). The Master Transportation Plan expresses the need to increase cycling and pedestrian activity as a viable mode of transportation and as a way to improve connectivity throughout the community. Both the 2040 Report and the Sustainability Plan address the importance of intercommunity connections via multi- modal means. The Bikeways and Trails Plan notes that many of our bike and pedestrian facilities are discontinuous and disjointed. Closing the Guernsey Way right-of-way would only perpetuate this problem. The right-of-way provides an important link in a trail system that enables one to safely walk or bike from the Victoria Park neighborhood to the public recreational amenities on the school site, including the tennis courts and the cross country trail This vital link also provides non-vehicular access to destinations such as the Princess Anne Library and Recreation Center, the Amphitheatre, Sentara Princess Anne Hospital, the Municipal Center, Tidewater Community College, and the .rt • i Z 6.W.wY 410.4* :.,a.,"Ape A., tt t ....X.....• Et IP .....P-.,,,,.,.. , gib, . ....,,� ..............,.%. F1....,5twl� IP • ni t2#FawwTnr- rw.s.,...,....s...... dt T Et • t , 1,...,-.,6+ dt * ~ ,, ,,.,,''„ ).A6gtkpb GJl •ov,H+[ hl.� KYI!J^L` • 1W i.... 2 5M/W*4C_E4HI $ 4,......—...• JRrS •R+9Y1y5.n..494*o' r v.l+ Victoria Park Trail Circulation ° ,5,,, 4 VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 4 Strawbridge and Landstown Commons Shopping Centers. The Bikeways and Trails Plan states that "neighborhoods are like islands"with a need to connect to each other, to neighborhoods and to other predictable destinations. In sum, Staff and the Street Closure Viewers recommend denial of the Street Closure request. Many City plans, policies, and guidelines address the desire for well-planned and meaningful vehicular and non- vehicular connections that link our communities. Terminating the public's ability to use the right-of-way permanently removes all future opportunities for cycling and pedestrian linkages between the neighborhood, the high school, and beyond. As the picture above reveals, Guernsey Way continues to be used by the public and closing it will result in both a public inconvenience and in public safety issues. VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 5 isL'IlltkoS >- w tn Z te r U.1 i ? D v t .0 x ,.p\ 1 �P, a i', .-',C;( i t d >. e t F' .r AERIAL OF SITE LOCATION VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 6 1 I!I 1 ,I II ytH Op � - is t�" as'+r K', h ° .4$p. !!or ,o s , hr4r< E Ofaciiup,t,. _ i .--7-'..:\ ,., too., c., /, .u..„, .... ,,.. ., ,.. Ot, 1500 /51t "'`. fi IT Ill „" '. ' ' k q •4lN, I l 111/ ,• .foe , I /� ' 2,,r� v $ Syti« , /''''''' ...,/ 4 hA ,� o il �` � �d d�` /c c THE AREA Ri 4� ��! OF PROPOSED NAY«ΡNOTE: THIS EXHIBIT IS INTENDED S TO SOF THE HOIM 4410, �00� ybg�a HAS BEEN dd PROVIDED FOR T S NO TITLE (� , 5 o,"i „...114,4,4, 4 .• !i'" / � 6• '��, GYf dam, SO,(44, ,> Nit" STREET CLOSURE EXHIBIT \ '` GUERNSEY WAY 04 VICTORIA PARK VIRGINIA BEACH,VIRGINIA PET.aprIOI 112 DATE;:,.IA"a2,Y�.�„ DLG A°.. P.C. 'IV*04 CAO TECH.00 imams moose rwwr►inio+MOM-M. RIGHT-OF-WAY SURVEY VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 7 4. ,I I I IL I , III Lill- - - 4 ,4%4 . .k . 1 „ „ 4 ,•,4 0401r , 4,' V lia : NMI 4' I, _ 4 i 1 '' li § ...... .,..,„_ i ,t4 0- Ato if , I , ---Li.'- -- , li, • , i ilWilillfit, i — w ..„ . N 4 i i .. , . . i Iplik 11V , 1 ' k ;141 I ii. IL IA$ ' ' t 0 10 IFIlr , . • SS , ,„ 1.411°41/11 ; 9. ' • il . s .., .111 a s IP ' 11 § 1'*. • 't v. ••• 4 , . s\.# 1/4 Ist.'1,1 i 7 ILL doN -- -li - . 2003 VICTORIA PARK APPROVED PLAN VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 8 I 1 4\ ) • , 6 4 ..- 51 ,,,i, I -:: 4 1 ' i i 4,c 4 q k,›4 I. f i f t / „, 4 , A• „P ii; , „ „....,--- ler ' ' '' \41.481‘ 40,.**0„),..setter7 L 7_, /„er '''' 4 - ' . 4 . f* A ' 4 . , • . ',” -'• 4 t-L.A.ft,,, ...,,,---1 f.Ji..444100,04, - , ----,v-,*4, _,.1 4"i 1 - Ar ,,,. 7;,, - ,....t. • *, I), -''' ' " '' r ' i '1 rr 140, - t,„,e 4 „t c. ,xaste Atr * 1,- ,,,,„„, ..0,,:e . , in., , . , .,... L.- ......,4 • , A 1. ,..0 fi,,1. ,•,t,' dip •,:'•• .. IV! .---------- --,,. - ,, 447,,),1 ---1____ *- ---- k •, , A II otos 944.UP41111121140, 2004 WEST NECK, LLC APPROVED PLAN (Current Site of Kellam High School) VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 9 I .. , 1 . lai Si P . - i f 0 - IV i4V1 . 1 4 f. 0 ti .1 0 , i 41 4-.st , t = , - $ t I ) ; s 0 ; i 0- ... .. 1 1 10- ,7,, I el * •--I II / .. 40-- - -. ,.., 4 i 1 i i 0 -i -. C ._o ... t t i'l• I , 0 0.- 11 1 , , • 03 . ,,1,,_. / t 1111 Of i; -_, '4‘'1101•OW 5 EXISTING TRAIL CORRIDORS VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 10 I PRINCESS ANNE Mallolto3cale Victoria Park Homeowners Association, Ince • ma,D 7'- `, ._. '`•••,..,....,,( L_ 2 AGI �, T z \` i Kellam High!`.So of -� : a qk • ,,/ (`) R30* -4 0 SO3 1 1%2' eVi r,� 4AG1 L _1! //f 0♦t,v'449. �_, •ZoningWill,ConciltionmProfforo,4pemSpaoapromo:ioo Street Closure - Guernsey%ti ay 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 05/24/2011 CUP (Private Sewage Treatment) Granted 06/08/2010 REZ (R-10 to AG-1) Granted 08/24/2004 REZ (AG-1 &2 to Conditional PD-H2/R-10) Granted 2 03/04/2003 REZ (AG-1 &2 to Conditional R-30) Granted CUP (Open Space Promotion) Granted ZONING HISTORY VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 11 .14r. DI CLGS RE TA EM NT F•RM The completion and submission of this form is required for all applications that pertain to City real estate miners 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 I Disposition of City Modification of by City Property Conditions or Proffers 4 Alternative Economk Development Nom 011 for minq Use Compliance,Special Investment Program Changes Exception for ((DIP) 'Board ofZoning Encroachment Request Rezoning 'Appeals Certificate of floodplain Variance Appropriateness - Street Closure (Historic Review Board) franchise Agreement Chesapeake Bay Preservation Area tease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board SECTION 1 / APPLICANT DISCLOSURE e II the APPLICANT /3. N_QT e,/tpot,itlryit pelInftship firm busIrIPSS or (Yth...! lifIlf1(Orplif dted organuatior, EiI:her fr 'he 4ftlichNIA5 e fOrporation lam Pp. I 4 LiDISCLOSURE STATEMENT VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 12 1 11 1 1 ia ,..4..„,... other iinificorporated orgariicrtiori AN()THIN,,79rnplere the following (A) List the Applicant's name followed by the names of all officers dilPetorS members, trustees partners el r below (Arro(hbv,I IIV(PSSCir V, Victoria Park Homeowners Association.INC Board of Dtrectom Larry M King,Eric Olson.Ler Westrmrbge (IP t it t the businesses that have a parent subsidiary ' or affiliated business entity f Odlicoiship with the Applicant ,Arrar,h Io O. rl ner'ey,ur y! Nr)fle ..,,.,rye,!i,v.i.t ,Intoreohor,;.eerree,,e'llo tr,tooge•,1 derl i SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 ontEliPt9PCM.0111.!fril_Ciliitcrelfbitefn A/IldifOrlb 0 Cher.k here if the egmgiyAgelkii 5 NQT a corporation,partnership,film business,or other unincorporated organization 0 Check here it the PR_QPIERTILMNE11,15 al corporation, partnership him , hON‘tieti or other unincorporated organization. AND THIN,cornok=tf•the folk-mann (A) 11.151 the Property Owner's name followed by the names of all officers,direr tors, members trustees partners et( below oe.rtaf e lr,,I=f neressory (8) List the businesses that have a parent subsidiary ' or affiliated business entity 2 (Preitierv,hip with the Property Owner 'Ar roc h 115I q ner.etisary; Ire clisrl,,,Lat-,,r or;t:l.rold ye iti,,,f,J ,,r,,,",,,,,-1,-"V 0,into,e+tPdhle ;'.1':e 2 of 4 thriae, .h',e-dy vote on rhe ar,ph,;,!loo,e,To Al.el her the,t,,4,yr DISCLOSURE STATEMENT VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 13 -Parent.subserPare relartoonshtp mean-, releranshsp that r *nen cone corporat.on chre,thr indrrectly rears share.,p.,...rertIong more than S' percent of the ..t.ftleg WrArtr of another corporerq,o ee Stale af41..of Coeernment Conflict of Interests Art Code r/ .l101 Athhareell tpsinest errt,t-, 4tOffI means a retatronsh.p (Ohre: than parent subsidret, rrforeonshrp that e.rrst;when cI(A< business entrty has controthreg ownership :Merest .n the other hue.,roe-ce enrpt, frit a r-onfro4hog mane,rrn on.frtfrly rr,4150 a,f)fifenThng Taftar nn the other roof,/ co lbiJ there .5 shared management or control between the b,w,e ntrtors lectors that ...hou4J be orr.4rrerf in derermirpng !hr e•oktence of an aftliared tm'fmel.irntot, relailonshlp ind,rjo That rho ;erne person or sobsfaneraila the person own or manageTh.lyre enrols'5 there rete r OonirtOn or rommtnglerl howls or asset,. the routers•,hare The Lr."0,of the ...erne "ifirCe5 Or errtVIO,Tf.‘or o 'ers har, rf,e1 resources or percOftrfel on o. a regular hams or there othera.me a OW, ,,f(fpo, Se. stare ,And ry741 rro,orrnrrurn, r(01M11.1 rr# 4'1 Ia (nrit Prr 001 SECTION 3. SERVICES DISCLOSURE Are any ell the following services being provided in connection with the uskjecLoljare aUtrlicatronorritiy_busirws5_90f Latina cry Loin._Nerfiller) rrt1PrqQerty If the answer to any itern is YES please identify the firm or individual providing the service ; PROVIDER rvse acsoniomar oireis VIS NO SERVICE notegliii) n ACCOUnling and/or prepare,OE ' CI, rrt GroL.p INC- 7.3u^4. your tax return wnaru..to Perez CPA Architect/Landscape Architect/ Bas,.or-t t.ar,o al Lar Land Planner • Contract Purchaser of other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Li Z purchaser of the subject property rrdentrfy purchaser(s)and purchaser's service providers) 0,4 Construction Contractors Engineers/Surveyors U Ci t,La,0 Surv,-yo“, P' Th. .r ry l'a(.!v 3 f),4 r1ffir,f4R At,r) rosy vote or:the 411p11( t,,whether I rruryr 6,,,fir A ,,f 1,tprost i)rtri,f `6. pr,rt DISCLOSURE STATEMENT VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 14 Financing(include current I t in mortgage holders and lenders r selected or being considered to provide financing for acquisition 1,..or construction of the property) 1 r 1 5,06/Ltesta PIC Lagal Services Real Estate Stokers/Agents for current and anticipated future 1 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 Beath have an interest in the subject land or any proposed development E1 contingent on the subject public action? If yes, what is the name of the official or employee and what 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 ol 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 lanypublic body or «rrnmittee in connection with this App_hr anon. L arty IA King _747,ct4I-C 4. 4, 411,Fr:AN r ,r4 FRINt NAME DAT •0,000 P Ini.f PRINT NAMI DA I f: ontninert in tniS harm ar. r•f•c4—.A4ry Irthmrr, iiI,ir ,aye 4 of 4 officials who may vote ori the applii atioh a fo whether they have a,orIllic! interest nde, V,r,(vnnd I4114 DISCLOSURE STATEMENT VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. Agenda Item 3 Page 15 Item#3 Victoria Park Homeowners'Association, Inc. Discontinuance, closure and abandonment Guernsey Way District 7 Princess Anne July 8,2015 REGULAR Jeff Hodgson: Mr. Secretary,will you please call the next item? Phil Russo: The next matter is application#3. It is an application of Victoria Park Homeowners Association, Inc.for a discontinuance, closure and abandonment of Guernsey Way, District 7, Princess Anne. Our first speaker is Mark Erb. Mark Erb: Good afternoon ladies and gentlemen. Thank you for your service to Virginia Beach and this opportunity to discuss our application of the closure of Guernsey Way. Jeff Hodgson: Please state your name for the record. Mark Erb: I am Mark Erb for Victoria Park Homeowners'Association. We have concerns regarding the new Kellam High School public access from our neighborhood. We participated in the design charettes for the high school,as noted, in the Staff report. We feel that our concerns were not adequately addressed or were dismissed altogether. The Staff report references and I quote"complaints and concerns from Victoria Park residents for the proposed opening in the fence that was never installed; thus, eliminating pedestrian access. According to the School Board staff,there have been ongoing discussions among the residents in the vicinity of the school, residents along North Landing and Victoria Park,as to whether a formal pedestrian access at this location is warranted. The only formal effort,of which, I am aware, is a petition that the community presented to the School Board and City Council meeting in June 2011. At that time,49 of the 64 lots were developed, and all were contacted. 84 residents,voters, representing 46 of those 49 homes,signed the petition supporting the closing of access from Victoria Park to the high school. This was primarily due to traffic, parking and vandalism of community and personal property concerns. We were led to believe that our voices were heard by both Chairman Edwards,who attended one of our Homeowners'Association meetings, and Dr. Merrill, and the access was closed. Yes,the fence was vandalized. But instead of repairing the fence, and seeking to hold the vandal accountable, it was left damaged for more than six months,encouraging access. Repaired once, it was vandalized again,almost immediately. We commended this application last December in order to regain responsibility for the property that was initially intended to connect to another residential neighborhood, and has been a reoccurring problem. However, in early June,we were informed two weeks before construction,of a unilateral decision to install a gate. This was actually not an informal public opportunity to comment. Our contact with City Council reps and School Board reps, asking to delay the construction to at least address all perspectives in a public forum were ignored. That is probably a little harsh. They were received, heard, however, no action was taken. The gate was installed,and has already been vandalized. It is a terrible thing that we are here to continue to pursue the appropriate formal street closure. This public access raises a number of quality of life concerns that we believe, have still not been adequately addressed or have been rejected. The viewer's Item#3 Victoria Park Homeowners Association, Inc. Page 2 rationale for recommending denial are:there are no sidewalks along North Landing Road,walking or riding a bike along North Landing Road is extremely dangerous, but done frequently by students heading to and from Kellam High School. Maintaining the Guernsey Way right-of-way provides the same alternative to North Landing Road. We agree. North Landing is extremely dangerous. But providing access through Victoria Park would encourage more walking and bike riding along North Landing Road, and thereby endorses,and I would say,encourages, a much greater risk. If the school wanted to create a safer access from North Landing Road,their property has two frontages on North Landing itself. One of which is approximately 70-feet wide. They decided not to do that. Number 2,as evidenced in the photograph provided as well as repeated reports of vandalism to close off access,students and others continue to use the right-of-way to gain entry onto high school property. I've addressed the three cases of vandalism of the fence and now a gate. To actually reward this illegal behavior would be a disappointment. The resident voters disagree with the decisions of our elected and appointment officials and urge a proper formal public process to address their concerns of criminal behavior,and we expect our public officials and educators to really force proper,and lawful methods for change. While this remains public access, it is our belief that these problems will continue,and even increase. Private property and community property within Victoria Park has continued, not just vandalism of the school fence. Those concerns that private as well as the community property have been vandalism are brick mortar houses have been damaged,trenched common area lawns,as well as people's residences,and the end of, it is not showing up on the picture there, and on Bombay Landing,there is a cul-de-sac, which effectively became a Lover's Lane,with cars parking,garbage left at the end of the lane. Number 3,the stormwater infrastructure public utilities are located within the right-of-way.The right-of-way is closed and before we put an easement with limited encroachment would be required. As we say in our application,all easements for sewer, drainage, access to the civil war grave site,would not be affected by this application. The intent of Victoria Park homeowners is basically to take the two lots on either side of Guernsey Way,as you see in the picture there,those are currently owned by the Homeowners' Association, currently maintained by the Homeowners'Association, as open space,and maintain that open space, and make this one continuous open space that belongs to the Homeowners'Association. Our desire is to assume direct responsibility for it,and establish limited access for our community to the school, and public areas. As we will be most affected by interruption of sewer services,we would be most vigilant in care and maintenance of this area. Currently,the City provides for no maintenance of this land. Our community has been providing bi-weekly maintenance at our own expense. It is a minor consideration, I believe. Number 4,the street closure at this location is not consistent with the adopted public policy outlined in the Comprehensive Plan. The Transition Area Design Guidelines,the Master Transportation Plan,etc.,Comprehensive Plan Land Use policies for the Transition Area,and the Bikeways and Trail promote connectivity between land uses, all of that, no dispute. The Comprehensive Plan and the guidelines were required in the design of Victoria Park. Taken into serious consideration, we do not believe the intent was to create increased traffic in residential neighborhoods at design conception,the high school was not even a consideration, had it been,our developer would have had the opportunity to resolve this problem before it comes to us now. All Victoria Park residents share ownership, access and use of our approximately 30-acres of common area open space. The street closure will increase that area and provide our residents open access to all the Virginia Beach has to offer while providing some ability of responsibility to limit the use of our neighborhood,as a transit point, parking lot,and ultimately reducing the criminal mischief and vandalism that public access invites. Additionally,there is a precedent for private access to public facilities. That precedent would be Salt Meadow Bay Apartments,off of Laskin Road. They have a private gate to the Beach Garden Park,which Item#3 Victoria Park Homeowners Association, Inc. Page 3 is by the Beach Middle School,the ball field there, recreation facilities, playground,etc. The Staff recommendation, in summary,summarizes that terminating the public's ability to use the right-of-way, permanently removes all future opportunities for cycling,and pedestrian linkages between the neighborhood,the high school,and beyond. We believe this is an inaccurate statement. Closing the street will remove future opportunity for the general public to use Victoria Park as an access point, thoroughfare, parking lot,short cut to the high school, and city services beyond. It will reduce the opportunity and incentive to trespass and loiter within our community as well as others. West Neck has had problems with trespassing coming from Courthouse Estates,young kids being kids,doing what they do,shortest point between two lines,and deciding the easiest way to get wherever they are trying to go is through people's private property in West Neck. I know that has concerned some of them. I don't know anyone who is here for West Neck or is even aware of this. Closing the street will reduce the opportunity and incentive to trespass and loiter within our community,as well as others. That is never the intent for the street property that was required by the Planning Board,and provided to the City by our developer, it would be disingenuous to now levy this additional burden and risk on the homeowners of Victoria Park. We continue to strongly believe the street should be closed, and returned to the Victoria Park Homeowners'Association, as stated, in our application. Thank you for your time and consideration. I am available for any questions. Jeff Hodgson: Are there any questions for Mr. Erb? Ronald Ripley: I have a couple. Jeff Hodgson: Mr. Ripley. Ronald Ripley: So, it sounds like to me the uses that you're suggesting that you would use it if you had control of this property,would be the same but just limit the uses. Am I hearing that right? You would be in control of who uses the gate,who uses this property? Mark Erb: We will be responsible for the property itself. Ronald Ripley:Other than the access, and you mentioned open space,do you see this as meaningful open space? "Meaningful" meaning something that is constructed to use and the neighborhood,which would flock to use it. I know they have other community areas within your neighborhood,so my question is, is it an access primarily? Mark Erb: Primarily it would be an access. I don't believe that the way the open space was originally designed the community was supposed to be a well-manicured open space throughout the entire community. Ronald Ripley:So,we're talking about access? Mark Erb: Financially,that has not been viable. The front entrance has been maintained on a weekly basis,the open space that you see in the photograph there, is maintained on a bi-weekly with a tractor mowing type of deal. It does not end itself to ballgames or volleyball. We do use some of the open Item#3 Victoria Park Homeowners Association, Inc. Page 4 space areas that would provide an opportunity to do that. I would not see the community removing the sidewalk in order to provide a soccer field for something like that for our own residents. Ronald Ripley: In the example,you used down at the beach where it is an apartment community, I think, I think you stated,they have private land and it is connected to a public right-of-way,or public access easement, or a public trail, if you will,down to the beach or down to the school? Mark Erb: Beach Garden Park. I am not familiar with the whole process as to what came first. Whether the park was there,and then Salt Meadow Bay Apartments were constructed and did their application. I would have to defer to the Planning Board to tell how that took place. The Salt Meadow Bay Apartment property abuts directly to the Beach Garden Park. They have a gate. I went down there and saw it between the 9:00 meeting this morning and now.They got a sign that says Residents and Guests only. There is a keypad on the gate that they maintain. I am assuming. I don't think the City is paying for that. On the City side, in the park,there is a sidewalk a little bit overgrown at this point, but that is what the City has. I am assuming the City created that sidewalk to provide the connectivity to those apartments. Ronald Ripley: I think that might be right too but I'm not sure either. But in their instance,they own the property,and it is a city easement to it. In this case,the City owns the property,the right-of-way that you're asking to be closed,and they are saying they don't think you ought to close it. So that's the dilemma. Obviously that is the essence of your application. Mark Erb: Had the school been there ahead of time, I don't believe our developer would have deeded the rights to the street to the City. The intent of that street,as it was brought out in the Staff report, was always to connect to Manchester Station,a similar community to Victoria Park and then connect to West Neck. Ronald Ripley: I remember something that those were applications controversial too, I think, if I am not mistaken, my memory isn't always that good. Mark Erb: I wasn't involved with that. Ronald Ripley: You've answered my question and I thank you very much. Thank you. Jeff Hodgson: I have a couple of quick questions. You're representing the Homeowners'Association? Mark Erb: Yes sir. Jeff Hodgson:Was the majority of the Homeowners against this? Mark Erb: Against? Jeff Hodgson: For you closing this or did someone want to leave it open? Mark Erb: Closing the current gate that is there? Item#3 Victoria Park Homeowners Association, Inc. Page 5 Jeff Hodgson: Yes. Mark Erb: It has only been there sir. Jeff Hodgson: Not the gate,just wanted to get rid of this access. Does the majority of the community want to get rid of this access to the school? Mark Erb: The only formal petition that was circulated for everybody concerned was communicated with and given an opportunity to either sign or not,was four years ago. Four years ago,as I said,49 of the 64 lots,with a total of 84 signatures put on that petition to remove all access. The concern was the right-of-way doesn't belong to the community. If there is access through Victoria Park,we are going to create a thoroughfare,and that is what exactly took place. Even with the fence closed,vandals came and kicked the thing open,and decided to have access to a couple of places. They actually access through a couple of holes in the fence that they created. Jeff Hodgson: Well, I think the only reason you're having vandalism is because they can't get through. think if they had a passageway. Is that the vandalism you are speaking of that we put in our Staff report? Mark Erb: No. Jeff Hodgson: What else is happening? Mark Erb: Vandalism of the fence that took place that people specifically disagreed with the fence being created by the school. Jeff Hodgson: What other vandalism are you seeing because of this? Mark Erb: There has been vandalism of mailboxes,vandalism of lawns, people trenching lawns, coming and going from the community. There has been trespassing of people's property both at West Neck as well as through Victoria Park. People see the open space that you see there as this is something that I can use for my own.They think it is public property. We don't have signs posted,which would address some of the parking issues that I think earlier. Jeff Hodgson: Are you having parking issues right now? Mark Erb: Not during the summer that I've seen. Jeff Hodgson: How long has the school been open now? Mark Erb: A year,year and a half. Karen Lasley: A year and a half. Jeff Hodgson: It seems like your issues would be for sporting events or I guess maybe students that Item#3 Victoria Park Homeowners Association, Inc. Page 6 didn't want to drive around and park in the student lot,which is park here. But you are not seeing any of those issues now. Mark Erb: We have seen those issues;so,when school is in session,yes,we have seen those issues. Jeff Hodgson: You are. You're having students and people attending these events parking on the street. Mark Erb: Yes sir. And we have talked with the principal to try and address it,find the students who don't have a sticker on the back of their car. Jeff Hodgson: My last point. I'm wondering and I am sure you have homeowners in your community there that have students that go to the high school. Mark Erb: We do have a few. I've heard this morning the number was fifty. I don't believe that. I don't know where that number comes from. I know we have numerous students that attend some of the academies and students that go to private school, as well. I don't know how many attend the high school. I haven't done that math. Jeff Hodgson: Yeah. It would be interesting to hear their point of view on this path/walkway to get to the school. I know if I lived in there,and I had a son or daughter that was going to that school, I'd much rather have them walk that path then go down North Landing. Mark Erb:And to be clear, maybe I was too verbose. We're not looking,and our application stated that, if the residents wanted to establish access to the high school,that is back when we made the application,there was a fence there,we would work with the school to come up with an acceptable solution for both the community and the school. Jeff Hodgson: So, if you close this right-of-way and you put a fence there, no gate, Mark Erb: I don't think that is what... Jeff Hodgson: What are you going to do to stop people from using that? What would be the answer? Mark Erb: We probably post it as no trespassing, private property. Jeff Hodgson: But you know they are still going to use it. That is not going to stop somebody that wants to go through and go to school. Mark Erb: It provides the opportunity to enforce. Jeff Hodgson: Okay,fair enough. Mark Erb: I would hope that parents of those children would say, after at least one phone call or some communication would say, hey look it,that doesn't make sense. Item#3 Victoria Park Homeowners Association, Inc. Page 7 Jeff Hodgson: Okay. Fair enough. Mark Erb: My concern is if it is North Landing, and I talked about the safety issue,so now we're going to encourage students to walk, ride bicycles on North Landing, because now you have a cut-through to get through Victoria Park. I think you're going to see an increase in that. I think Courthouse Estates, and I think North Landing residents are going to be driving on there. I've talked to the City Planners about a possibility of a sidewalk on North Landing. I was told people's private property already encroaches on the road or the road already encroaches on people's private property; so,that is not going to happen. It is not cost effective. The City not looking to pursue that and the Planning Board is not looking to pursue that. I think the concern is that the traffic that comes down North Landing heading northeast up towards West Neck, and then making a right, it backs up. And the students are late for school,so if you're going to be late and you've already been late before, and you don't want weekend detention, zip through Victoria Park, leave your car on the street,and get to school. Jeff Hodgson: Have you spoken with the three homeowners that kind of surround the piece of property there to see what their take is on this? Mark Erb: Three homeowners? Jeff Hodgson: You got one on each side and then you have one essentially across the street,so the three houses that would be closest to this. Mark Erb: The one across the street just changed hands. It just sold within the last month.The one above Guernsey Way there, he was our representative to the charettes. Jeff Hodgson: Okay. Mark Erb: He came back disappointed. Promises that he thought he had from the School Board, and development did come to pass. You heard this morning that there is buffered area of possibly of one hundred feet. You see that gray dirt area (pointing to PowerPoint) in between the neighborhood and the school fields. That is about 5-feet tall right now. After 3-4 years of growth,we were told that it couldn't be a buffer area of a hill or anything else. And that never came to pass. It was never promised. We were told it wasn't possible. As most of community is, buffered with hills,and what not, I don't understand why that wasn't a possibility, but I am not here to dispute that. We are just talking about the closure of the street. Jeff Hodgson: Are there any other questions? Jan Rucinski: I have one. Jeff Hodgson: Jan. Jan Rucinksi: What I want to know is that what makes you all think or feel sure that the vandalism that is happening within the community is a result of the road? Item#3 Victoria Park Homeowners Association, Inc. Page 8 Mark Erb: I can't draw a direct correlation between one or the other until the vandals are caught, and identified, I don't know what that correlation is. Jan Rucinski: Okay. Mark Erb: Increased traffic and turning the community into a thoroughfare, has got to increase at least the opportunities for vandalism. Jan Rucinskl:Since it has always been there, I don't know if there is any increase of traffic. Mark Erb: What has always been there? Jan Rucinski: Well Guernsey Way has always been there. Mark Erb: right, but there was a fence. Jan Rucinski: Okay, if they are breaking through the fence to get through they have obviously been coming back through there anyway. I was just wondering. I can understand how the vandalism to the fence definitely looks like. People needing access, but I was just wondering why you're relating the other vandalism that has happened to the neighborhood to the fact that the road is there. Mark Erb: Correlation was the volume of traffic. Jan Rucinski: Okay. Mark Erb: The school wasn't opened until a year and a half ago. Before the school even owned the property, it was still owned by Manchester Station. There used to be trespassing and police were called on numerous occasions for guns being shot on their open land, people trespassing, riding dirt bikes and getting hurt. They had some liability concerns. So, it became, I don't know, urban legend that hey,you can get over here, and there are some big hills of sand,you can hardly to find hills in Virginia Beach. You can sled on it. You can ride dirt bikes on it,and want to go skinny dipping in,and a place where you can shoot your guns if you want to. None of those activities that we like to have in Victoria Park. Jeff Hodgson: Dr. Kwasny. Karen Kwasny: So Victoria Park is not a gated community and the sidewalks are public. Mark Erb:That is correct. Karen Kwasny: Anyone can come in. If there were sidewalks on North Landing someone could come in and walk through the development correct? Mark Erb: Yes. Karen Kwasny: Okay. And,you are confirming that the vandalism isn't necessarily correlated with the access point. You may have had vandalism in your neighborhood, but you can't confirm it as a result of Item#3 Victoria Park Homeowners Association, Inc. Page 9 that. Mark Erb: I can't confirm or deny that. Right. Karen Kwasny: One is not necessarily from A-B. Correct? Mark Erb: No. Karen Kwasny: So,you have some trouble with parking when school is in session,and perhaps when there are sporting events. Correct? Problems with parking on your street,and the other issue that you're talking about is in relation to the Homeowners'Association,and I believe from 2011—2015, there has been some turnover in your development, and you haven't taken another formal vote to determine how the homeowners feel because hearing from a few of them, I understand that this is a fairly contentious issue in your development. It is not completely agreed upon thing at the moment,a majority rule that needs to be closed, in this fashion. Mark Erb: Again,the street closure, and I don't think there will be any disagreement,and there has been no formal petition,so to speak,written down,formal discussion. There has been discussion at the Homeowners'Association meeting,and people expressed an interest of pursuing public access or limited access to the high school from the community. Karen Kwasny: But people have also expressed a desire to have it open as well. Mark Erb: Limited access. Open to Victoria Park residents. Karen Kwasny: Like a card or something? Mark Erb: Like a swipe card of some sort. Yes. Karen Kwasny: Okay. Mark Erb:Something similar that exists at Salt Meadow Bay apartments right now. They have a key punch code on a gate. We recognize that would be a cost on the community.We wouldn't expect the City to absorb that cost. The fact there was a fence there before,okay that was getting vandalized. We have to do something about that. Jeff Hodgson: Mr. Russo. Phil Russo: Okay. I am having trouble understanding this, Sir. You're saying that the students are parking, I guess, on Bombay Landing? Mark Erb: And on that other street coming in there, Copperhawke Drive. Phil Russo: Okay,go back to the other picture. (Pointing to PowerPoint). So they are parking there and then walking to the high school. Is that correct? Item#3 Victoria Park Homeowners Association, Inc. Page 10 Mark Erb: Correct. Phil Russo: Do you have any idea the number of cars a day? Mark Erb: I don't have the data. Like I said,we discussed this with the Principal to try to address this, and reduce the vandalism of the fence. I am not saying that some of the vandalism wasn't caused by Victoria Park homeowners. Phil Russo: I guess I am just having some concerns. Could you go back to the other picture? Go back to the aerial. Because I have three kids,two of whom are no longer teenagers, and they are going to park as close as they can to wherever they have to be,that makes sense that they would park on Bombay Landing to get out and walk. I love my kids but they wouldn't walk any farther than they would have too. So, are you sure that these cars are for the school? Mark Erb: Yes. Principal Biehl addressed the issue with a few students. I would have to ask him how many students he had to have this discussion with. Phil Russo: There should be enough parking at Kellam. Mark Erb: Sure. I don't think it is not if street parking is available or parking lot available,800 spots that were designed in with the school. I think it is a matter of I don't want to wait in the line. I don't want to have to deal with the police officer that is controlling the entrance and exit from the high school. I am assuming there is a resource officer that is out there directing traffic,stopping traffic, letting buses go, etc. If I am late, or I just don't want to deal with that,or I have my sticker scrapped, here is my alternative. And that is when I am done with my soccer practice,football practice, lacrosse, baseball or whatever, I can go right from the field right to my car and head on home. The old Kellam had similar problems with the parking in the courthouse community parking spaces over there, and along Princess Anne Road.Why do students park there when they have the ability to park right next to the high school? Because it allows them to get out in the middle of the school day without having to confront any personnel. Phil Russo: How many cars are we talking about on a typical school day? Mark Erb: I don't have any idea to support that. Two,three,or four, it is not a terminal parking lot,yet. The concern is now that we have a gate,our concern is that it was a little bit of a parking lot when you have to break through the fence, or crawl through the hole that was created by the vandalism. This could only increase. Jeff Hodgson: Maybe we should take the gate away and leave the hole in the fence? Mark Erb: If you're going to have a fence,why don't you maintain the fence? There is an intent for that obviously. Jeff Hodgson: Dr. Kwasny. Item#3 Victoria Park Homeowners Association, Inc. Page 11 Karen Kwasny: I think Jan had her hand up. Jan Rucinski: I guess I'm trying to deal with some of the things that are being said is why do you think closing the street will change any of those issues? Mark Erb: It will provide Victoria Park Homeowners'Association the ability to police it themselves. Jan Rucinski:So you guys are in a position to hire somebody to be out there to watch that? Mark Erb: If it came to that, and that is what the Homeowners'Association desires to do than yes or an electronic gate, I think is a more cost effective way that we would pursue that. Jan Rucinski: Well the thing about the electronic gate,the keypad is,you know, Bob tells Mary, and Mary tells Sally, and Sally tells,you know, and before you know it? Mark Erb: We understand,and we had all those discussions at our Homeowners'Association meeting. We've had those and we talked about swipe cards. We talked about video monitoring. There is a whole bunch of technological solutions that are possible. I'm not saying which one will be pursued, and which wouldn't but the intent is not to prevent Victoria Park residents from getting into the high school and it being a walking neighborhood. That is not the intent of the Homeowners'Association at this point. Jan Rucinski: Right. I don't see that any of those things will change with closing the street. Mark Erb: What won't change? Jan Rucinski: The access,the people trying to vandalize the fence or the gate. I mean,you put up a swipe gate or a keypad gate,there is still. I don't see where it is going to change. Mark Erb: As the Chairman said earlier,once you tow the first car who is parked illegally like the Eurotech situation, it is parked illegally in front of your building,the word will get out and the developer, across the street like Eurotech,doesn't want his customers getting their cars towed and causing problems for his business. Jan Rucinski: Not if it is teenagers that are causing the problem because they think that it can't happen to me. They have that mindset. Believe me, I have a couple of those. Mark Erb: I have a couple as well. I only have one now. Jan Rucinski:They believe that I you know, I won't get caught.Those things won't happen to me,the majority of them. That is the only concern that I have that I see that leaving it without closing it allows it for public access and use, closing it only allows for your community use. But I don't see that it is going to change the outcome of what's happening. Jeff Hodgson: Dr. Kwasny. Item#3 Victoria Park Homeowners Association, Inc. Page 12 Karen Kwasny: I wonder is it just likely that the parked cars on the street might be students from your own development? Because I know my boys when they were teenagers,would drive their cars from point A to point B,to reduce their walking time. Mark Erb: A quarter mile? 100-feet? Karen Kwasny: Right. So, it is possible that the parking our teenagers from your own? Mark Erb: It is certainly possible. I am not a parking lot attendant. Karen Kwasny: It is possible that the vandalism has nothing to do with the fence, right;so,for me,those two reasons for closing the pathway in this fashion are off the table. And then I have to say,wow what a lovely amenity you have.A terrific walkway right onto the high school property where there is a cross country course,tennis courts. You can get down to the city areas. You can get from there down to Landstown Commons. You can go to the library. I mean, super amenity for everyone. I live in a development where people travel through on bicycles,walking, horses, all the time,and we don't have vandalism problems or parking problems. It may not be right next to a high school but we love the fact that people can come in and out of our community and enjoy that connectivity. I think that is a benefit to your community. Mark Erb:So, people from outside and come in park in your community in order to access those amenities? Karen Kwasny: Sure they can. Mark Erb:That doesn't cause any issues for the community? Karen Kwasny: No angst. Bob Thornton: I have a question. Jeff Hodgson: Mr.Thornton. Bob Thornton: Assuming that fence. My first question is who put up the initial fence? Was that your neighborhood? Mark Erb: The school. Bob Thornton:The school put it up. Mark Erb: Correct. Bob Thornton: Then people from one side or the other broke a hole in it so they could get through it? Item#3 Victoria Park Homeowners Association, Inc. Page 13 Mark Erb: Initially,they broke the fence. Bob Thornton: So the school initially didn't put in a gate? They have since put in a gate. Mark Erb:That happened within the last two weeks. Bob Thornton: Let's assume that stays there, and according to Mr.Arnold this morning in our work session,they are going to have times of day when it is locked and times of the day when it is open. Have you all met? Has the neighborhood talked to the Police Department because it seems to me that if a whole lot of kids over there figure they can park there and walk and the gate is open from 7:00 a.m. until whenever,the solution may be having the Police Department ticket cars or keep these kids out of there because nobody wants 25 or 30 Mustangs or Camaros over there day in and day out with whatever.That's more likely the solution than closing the gate because if you close the gate and they could break another hole in the gate, as long as there is not a brick wall,they are going to penetrate that gate. Somehow they are already doing it,so I commend the City,for at least putting a gate in there. They stop tearing the fence up.The problem is policing the automobiles and whose encroaching on your neighborhood, and I guess my question, in a rambling way, is have you all met with the Police Department or talked to an authority to say that you put up no parking signs. What's across the street? It looks there is a large track of land, if you walk off this trail and walking into something. Mark Erb: To the right or to the left? Bob Thornton: To the left. Are they unsold lots? Mark Erb:That is our open space. Bob Thornton:That is your open space. So, it is a good thing you got a sidewalk. I guess kids would be parking all over your open space but anyway, maybe that is the solution to post no parking along that radius and have the police work with you. My question is has the neighborhood met with the Police Department saying we got a problem, all of a sudden we are over run with high school kids parking their cars in our neighborhood. I think that is a better solution than closing the gate or locking the gate or not having a gate. Ross Brockwell: Hey Bob, our staff might be able to comment on how feasible that is or not. Carolyn Smith: It is actually through Traffic Engineering. And Steve Furhman,told me at the break,they have received a request from one resident to post some no parking signs, but it would take agreement of 85 percent of the community to post those type of signs. Mark Erb:That is a little different than what we were told. I am not disputing that information. We've communicated with Mr. Holt and Mr.Arnold. He put us in contact with the Traffic Management office. The president of the Homeowners'Association communicated with him saying can we get this process started for the no parking signs before the gate gets completed. That hasn't happened. Obviously, if the gate went in and we were told wait until there is a problem. Once it has been a problem for a while, then we'll see about no parking signs. We've asked for the petition to get it in advance. We were told Item#3 Victoria Park Homeowners Association, Inc. Page 14 we would have it within two weeks. It has been four weeks now since that initial communication took place,and the Homeowners'Association has not been provided that petition fort the no parking signs. Again, no parking signs,the problem with that is now you've created a problem for the entire community. People,especially those three homes that live close there.They want to have no parking in front of their homes? Bob Thornton: You can work that as no parking from 8:00 am until 4:00 pm. You can work that so that you can figure out who is parking there. It is a little technical but I understand that if you live in the neighborhood,you don't want to not be able to use your streets and if you just post it around that radius or something. I am just saying I don't think the gate is going to be sealed back up. I don't think your fence is going to get put back, and I don't think there is any desire on the Staff's part or our part to seal that school off from your neighborhood. I'm trying to reach out and find a solution to your problem,which seems to be high school kids encroaching on your neighborhood parking so they need to talk to the kids who may not be able to get a parking pass. I had a daughter like that at First Colonial. She figured out where to park her car until she got a parking pass.That is the way they all work it. So, I'm just trying to be creative with a solution. Mark Erb: No parking signs create the same enforcement problem. Bob Thornton: I don't think putting a fence back, locking that gate is going to be the answer because it is just going to get torn apart or vandalized or pulled down or whatever. Anyway, I'll let other people ask questions. Jeff Hodgson: Is there anyone else? Thank you. Call our next speaker please. Phil Russo:That's it. There are no other speakers. Jeff Hodgson: Okay, I guess we'll close the public hearing,and open it up for discussion amongst the Commissioners. Would anyone like to start? Jan Rucinski: In asking my question it sort of voided my concerns. I see that leaving the street as it is provides public access and public right-of-way,you know, people getting to the school or to places beyond. Closing it only allows them access for that particular community. I don't think that the problems they are experiencing are going to go away by closing the street. And there is a possibility, it could continue. I think there needs to be another way or another avenue to try and address some of their concerns. I'm not sure that I see how the vandalism within the community itself,especially he had indicated that one of them was at the entrance, is a direct correlation with the street closure. Jeff Hodgson: Is there anybody else? Dr. Kwasny. Karen Kwasny: I think this is a terrific amenity for the whole community, not just Victoria Park, and, as I said earlier, because I can't make a correlation between the vandalism and the fence,or the parking and the fence. Those two things aren't part of what I consider when I take a look at this, and what I consider when I take a look at this, is the benefit to the community. I think it serves our Comprehensive Plan,our Bikeways and Trails Plan, our 2040 Envision Virginia Beach. I think it undergirds all of that and it is Item#3 Victoria Park Homeowners Association, Inc. Page 15 illustrative of the type of connectivity we would like to see throughout Virginia Beach. For that reason, I will not be able to support a closure of that street. Jeff Hodgson: Mr. Ripley. Ronald Ripley: Normally on these street closures the Viewers don't have an interest. They tell us that the public doesn't have an interest in their right-of-way, but in this case,they are saying they do have an interest.When the public has an interest in something, and it is a high bar to reach in order to turn that over in my mind. I think, it is about the same use. I think we have an access use for the public and the neighborhood would like to control the access use. Since the public Viewers have recommended what they have, I can't get by that either. So, I can't support it. Jeff Hodgson: Is there anybody else? Would anyone like to make a motion? Karen Kwasny: I will. Jeff Hodgson: A motion made Dr. Kwasny. Karen Kwasny: I would like to make a motion to support the Staff in denying this application for a street closure at Guernsey Way. Jeff Hodgson: Is there a second? Jan Rucinski: Second. Jeff Hodgson: Seconded by Ms. Rucinski. Mr.Weeden,we are ready to vote. Ed Weeden: To deny the closure. Jeff Hodgson: Yes sir. Bob Thornton:The vote was to deny. Ed Weeden: The vote is open. AYE 11 NAY 0 ABS 0 ABSENT BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item#3 Victoria Park Homeowners Association, Inc. Page 16 THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the denial of the street closure for Guernsey Way by the Victoria Park Homeowners'Association. i �, o , a 114 >NNNsie. ,',,-,.. • 9: ft NJ�*11.4CO 0 n. CI) 0 TIM ! v,,,t��'''[ ---cB4.„ ` '-',.=::7; ,i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STUDIO EVOLVE, LLC [Applicant] & MT. TRASHMORE OFFICE, LC [Owner], Modification of Conditions of a Conditional Use Permit for a Tattoo Parlor approved on 5/11/2010. 512 South Independence Blvd, Suite 100 (GPIN 1476688794). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: August 18, 2015 • Background: The site is zoned B-2 Community Business, and is developed with a multi- building complex that is occupied by a variety of offices, professional service establishments, and personal service establishments. The applicant operates a tattoo studio from Suite 100, which is located at the rear of the complex separated from Lake Trashmore by a treed buffer area. A Conditional Use Permit allowing the tattoo studio was approved by the City Council on May 11, 2010. • Considerations: When the Conditional Use Permit was approved in 2010, the tattoo studio occupied 1,500 square feet of the 3,500 square feet of floor area in the building. The 2,000 square feet not occupied by the tattoo parlor is now available, and the applicant desires to expand into that space, thus occupying the entirety of the building. 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 May 11, 2010 are deleted and are replaced with the conditions listed below. 2. The tattoo studio shall adhere to all applicable provisions of Chapter 23 of the City Code. I II STUDIO EVOLVE Page 2 of 2 3. A Certificate of Occupancy shall not be issued until all applicable requirements of the Health Department are met. 4. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows, or doors. 5. The Conditional Use Permit for the tattoo studio is approved for a period of one year from the date of City Council approval, after which, per Section 221(k) of the Zoning Ordinance, the Conditional Use Permit may be approved to continue by the Planning Director. 6. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mount Trashmore Park. ■ 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,4--"P--------f City Manager: S V. Ct,(6t i ROSE MALL Po,p-8,. Studio Evolve, L.L.C. 4 N3s O2` L.i�n,..M,i�, July 8, 2015 Public Hearing APPLICANT: P1 f STUDIO EVOLVE, /82 /lC,� P1 ct s'� LLC 82 Rio�,, ,, , Sti /40 a e tk PROPERTY OWNER: it. MT. TRASHMORE Ro 01 OFFICE LC (tio 7 •Zoo.* ce.erne,.v.esee,o'..Spa'Palma., Modification of Conditions Tattoo Pador STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit approved by the City Council on May 11, 2010 for a tattoo parlor ADDRESS/DESCRIPTION: 512 South Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14766887940000 ROSE HALL 1.23 acres Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit was granted on May 11, 2010, allowing the 1,500 square foot tattoo studio. The Conditional Use Permit has four conditions. The full list of the conditions is provided at the end of this report. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the Conditional Use Permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600)feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. Details The applicant is requesting to modify the existing Conditional Use Permit in order to expand into and occupy the entire 3,500 square foot building. The building is located in a small office complex consisting STUDIO EVOLVE, LLC Agenda Item 4 Page 1 of five buildings. Tattoo services will continue to be offered by appointment only and the expansion will provide space for up to 16 artists. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office complex SURROUNDING LAND North: • Mount Trashmore Park/P-1 Preservation District USE AND ZONING: South: • South Independence Boulevard • Office uses and mixed retail/ B-2 Community Business District East: • Office uses/B-2 Community Business District West: • Mount Trashmore Park/P-1 Preservation District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not CULTURAL FEATURES: appear to be any significant environmental or cultural features. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Means to achieve these goals may include: all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings; new site layouts and buildings be of high quality and attractive design; plans reflect enhanced mobility and connectivity; designs incorporate environmental responsibility; and effective buffering with respect to type, size, intensity and relationship to the surrounding uses(pp. 3-1, 3-2.). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard in the vicinity of this application is considered a six-lane divided major urban arterial. The MTP proposes a divided facility with bikeway within a 155-foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a Level Of Service F. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use — 106 South Independence 78520 ADT 26,300 ADT (LOS 4"C") ADT Boulevard 48,200 ADT (LOS 4"E") Proposed Land Use 3- 120 ADT 'Average Daily Trips 2 as defined by 1,500 square feet occupied bypatattoo studio 3 as defined by 3,500 square feet occupied y tattoo stvjito STUDIO EVOLVE,;.ILC Agenda Item 4 Page 2 I II a LOS=Level of Service Traffic Engineering does not have empirical data available for a tattoo studio's trip generation; however, based on the number of tattoo & body piercing artists, and on the assumption that each customer will be on-site for approximately one hour, Traffic Engineering estimates that the site will generate approximately 120 trips per day. Accordingly, the proposed use should have no significant impact on South Independence Boulevard or on the City's transportation network. WATER&SEWER: This site is already connected to City water and sewer. HEALTH DEPARTMENT: The owner of the expanded portion of the tattoo studio must secure a permit from the Health Department prior to beginning operation. 4 • EVALUATION AND RECOMMENDATION Chapter 23 of the City Code establishes standards for tattoo studios in regards to disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. As was the case in 2010, the applicant must meet all Zoning Ordinance, Building Code, and Health Department regulations.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet away from any other tattoo or body piercing establishment, or from any Residential or Apartment District, or school. The unit where the studio is located over 800 feet from the closest residential zoning district. There is ample parking on the site for patrons and employees of the office complex and the tattoo studio. The proposed expansion is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area regarding reinforcing commercial uses and is, in Staff's opinion, compatible with the surrounding area. As such, Staff recommends approval of this modification, as conditioned below. 4 0 CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 11, 2010 are deleted and are replaced with the conditions listed below. 2. The tattoo studio shall adhere to all applicable provisions of Chapter 23 of the City Code. 3. A Certificate of Occupancy shall not be issued until all applicable requirements of the Health Department are met. 4. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents ihstalled on any wall area of the exterior of the building, windows, or doors. , { -_r , STUDIO'EVOLVE, LLC Agenda Item 4 Page 3 5. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 6. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mount Trashmore Park. 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. STUDIO-EVOLVE, SLC Agenda Item 4 Page 4 Conditions of May 11, 2010 Conditional Use Permit 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows, or doors. 3. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mt. Trashmore Park. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT STUDIO4EVOLVE, LLC Agenda Item 4 P je 5 ft ''E P.-r �! ' \2 .. is iti` Z i . _ ' • ,�-,4,14.:', 14,,,....„j8, # tv • ,,,,^.1-,,,,,,.4 ( / 4 / N ,,. c: 44••,!..A A\ ,si. . ,,_,___ , , . .. . ,. ' , . .\ / \\ :: i-. t Y f9/ at \\! / '�/ /:1 , • - - •/\\\ .^ - ' S ,/••-, 's /\ /‹,,,• �1! t' vZt :*;,,,,:lit '?" ,, -S - 1� .. ' ",'4..,: , J a: y AERIAL OF SITE LOCATION STUDIO EVOLVE, LLC Agenda Item 4 Page 6 I - / j �F G141A / k2 g - JP n o �h qv z11 5 dd �' //yws , A,• . • 12 re II p - G,a / r � li.. ^^E W 2 Cet ENo w .6 s03 = s a" 3 II i i i8 e`"` �. 1 i. 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J.. , fit. 4 ; L 1 Y a - r �t s x-t - ro _ 11111' I 1 elf Y T ° ... .7 "i It H _ 5 ..= s -1 II • , ► Th•hrSs O� ......... -sn a PROPOSED FLOOR PLAN STUDIO EVOLVE, LLC Agenda Item 4 Page 8 1 ROSE HALL C Map F-8 Studio EV&v' 1 T C ? P1 2 444: ik' Lake Trashmore /i ./).\:. ' 0`4& 2 `\ , . .---s o /i.,, y f'1 /'. 'Zoning with Conditions/Proffers,Open Space Promotion Modification of Conditions Tattoo Parlor 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 09/11/2012 CUP(School) Granted 05/25/1998 REZ (B-2 Business to 0-1 Office) Granted CUP (Senior Housing) Granted 2 11/26/2013 CUP(Auto Service Station & Car Wash) Granted 08/10/2010 CUP (Auto Repair Garage) Granted 3 05/11/2010 CUP (Tattoo Parlor) Granted 4 06/09/2009 MOD of Proffers Granted 09/22/1998 REZ(P-1 Preservation & B-2 Business to Conditional I-1) Granted 5 11/08/1994 CUP (Auto Service Station) Granted 10/29/1991 CUP (Fuel Sales) Denied 02/13/1989 CUP(Fuel Sales) Denied 07/06/1987 CUP (Auto Service Station) Granted ZONING HISTORY STUDIO EVOLVE, LLC Agenda Item 4 Page 9 'TT DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 /APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DAl L: 1g NO CHANGES AS OF unit ifri`l g 0 _REVISIONS SUBMITTED DAI L: DISCLOSURE STATEMENT STUDIO EVOLVE, LLC Agenda Item 4 Page 10 fir 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) ST17�)C0 C-JO..-'J LLC ,br,z1 cece ev✓ (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant:(Attach list if necessary) c)z).-,;,.e1r.cue solf ;,�, s.eko✓ 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 Anolicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. El 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) M-k alA ADaR-: (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 STUDIO EVOLVE, LLC Agenda Item 4 Page 11 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business ooeratinct 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) I:1/ ❑ Accounting and/or preparer of your tax return i G w Tt w ❑ E2r Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than LI 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) ❑ Construction Contractors ❑ ©' 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 STUDIO EVOLVE, LLC Agenda Item 4 Page 12 3 K • Financing(include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 11 ❑ Legal Services € ), I"?(') ❑ Real Estate Brokers/Agents for -19—t... (Z ❑ current and anticipated future l�'jM ciAL 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 ❑ 0 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 schedu -. for publi ring,I am responsible for updating the information provided herein weep pri to the Planning Commission, Council, VBDA meeting, or meeting .J atg,publi ody or committee in connection with this Application. PLI -•TS 51 TURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT STUDIO EVOLVE, LLC Agenda Item 4 Page 13 Vu Mai teach:... Financing(include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El El Legal Services ED.,,PsCiTh Real Estate Brokers/Agents for El 0 current and anticipated futurei,\t.. xJ. sales of the subject property �__-;•-"iy • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 d 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 schedule{i for publi ring,I am responsible for updating the information provided herein tyt�o wee pri to the Planning Commission, Council, VBDA meeting, or -eting • . ,.ubli ody or committee in connection with this Application. cPLIcgAT's SI TURF PRINT NIAME �.+ DATE t X to � S /45 PROPERTY O ER'S IGNA URE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT isi STUDIO EVOLVE, .LC agenda It" 4 Page`14 Item#4 Studio Evolve, L.L.C. Modification of Conditions 512 South Independence Boulevard,Suite 100 District 3 Rose Hall July 8, 2015 CONSENT An application of Studio Evolve, L.L.C.for a Modification of a Conditional Use Permit approved by the City Council on May 11, 2010 for a tattoo parlor on property located at 512 South Independence Boulevard, District 3, Rose Hall. GPIN: 14766887940000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 11, 2010 are deleted and are replaced with the conditions listed below. 2. The tattoo studio shall adhere to all applicable provisions of Chapter 23 of the City Code. 3. A Certificate of Occupancy shall not be issued until all applicable requirements of the Health Department are met. 4. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building,windows,or doors. 5. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 6. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mount Trashmore Park. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE Item#4 Studio Evolve, L.L.C. Page 2 RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 4 by consent. The applicant Gabrielle Cece appeared before the Commission. ‘......„,o-- ..._, %\,-\\-----------A-\ ,','' wl 10 iii4 itiorai 9 "tt \ (7:- I 4) /IR/44 \\,_.-4-- ---; a \, T- It = '''\m tivi ti_ 0 Ca L CIA 4 t . l ----\\\ a OC �,CN U As Nt, __.el v,- -0 ,..„------- 7,.... 9 ',., 7 ill 0." A \ Iiikp - 6" g D GI .X k'' 4h, — f4 D ,F11 : IL ,), \. 14\ __ — 0 --: `it Da ' i : L.: ii.mAIMO L _, t • -• 1 ri .6 `',,\ rTh _i__, e °111440. DAN .a 2 - rJzisbyr r r; m 7:- 1 gal ill: I - 4 J ro 3/1 V Vx3Nn3 I —vas — a. i Y\ a f; N411 s I. Ucia 1! c V 4 i 0 i ,m: ________.c. ri IN 14 fl -5- 1f + L 0 II I I I rE� .y27 (t /7 J.� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 2798 DEAN LLC [Applicant & Owner], Conditional Use Permit (Bulk Storage Facility), 2798 Dean Drive (GPIN 1497740071). COUNCIL DISTRICT — BEACH. MEETING DATE: August 18, 2015 • Background: The property consists of 1.9 acres, zoned I-1 Light Industrial, and is located within the Greater than 75 dB DNL AICUZ; the eastern portion of the site is located within APZ-1. The property is bordered on the east by London Bridge Creek. Access to the site is via Dean Drive. • Considerations: The applicant requests a Conditional Use Permit to allow use of the property for a bulk storage yard. City aerial imagery indicates that the site has been previously used for the storage of trailers, boats, and various building materials. The applicant recently purchased the site, made improvements to the building, and made improvements to the outdoor storage area, including increasing its size. Following a site inspection from City Staff, it was determined that none of the required permits had been obtained by the applicant for the site and building improvements. The applicant has since been working with various City, State, and Federal agencies to obtain the required permits and approval to complete the development of the site. Further details pertaining to the work that has been done without the required permits, thee submitted site plan, and Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any changes or conditions required by any environmental agencies on the parcel, including but not limited to the Chesapeake Bay Preservation Area Board, Virginia Department of 2798 DEAN DRIVE, LLC Page 2 of 2 Environmental Quality and the Army Corp. of Engineers, the site shall be developed substantially in conformance with submitted Site Plan entitled "CONCEPTUAL DEVELOPMENT PLAN PARCEL "J", 1.900 ACRES, 2798 DEAN, LLC, IMPROVEMENT PLAN", dated 03/31/2015 and prepared by WPL. Said Site Plan was displayed to the Virginia Beach City Council and is on file with the Planning Department. 2. This Conditional Use Permit for Bulk Storage shall expire ten (10) years from the date of City Council approval. To continue the use of the site as a bulk storage facility after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time. ■ 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 V City Manager: \2_, ,c=�\ {„ II BEACH 2798 Dean,L.L.C. D4 2 82' ce' $_ APZ P I July 8, 2015 Public Hearing � 1.' , n APPLICANT & PROPERTY OWNER: Al 2 111111111Millik. ,f �r' 2798 DEAN L.L.C. >751B ,dn =; •1 , ! �J .711;.1:71Y4 `,Ak 11 B2';h, Al/PI 0 75 ft;i l do I is 02 J, •r..io¢MO co,sw.,naw.,a..Spec��•• CUP for Bulk Storage Yard STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(bulk storage yard) ADDRESS/DESCRIPTION: 2798 Dean Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14977400710000 BEACH 1.9 acres Greater than 75 dB DNL and APZ-1 APPLICATION HISTORY: This application was deferred by the Planning Commission on June 10, 2015, to allow the applicant to address outstanding issues. 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow the continued use of the property for a bulk storage yard located in both the highest noise zone and APZ 1. Satellite imagery indicates that the site was previously used for the storage of trailers, boats, and various building materials. The applicant recently purchased the site and made improvements to the building, as well as increased the size of the storage area. Following a site inspection from City Staff, it was discovered that the proper permits had not been obtained for the work. The applicant has since been working with various City, State and Federal agencies to obtain the required approvals to complete the development of the site. The site is located directly adjacent to London Bridge Creek, a tributary to the Lynnhaven River. The eastern portion of the site is located within the Resource Protected Area (RPA), the more stringently 2798 DEAN, L.L.C. Agenda Item D4 Page 1 I II regulated and environmentally sensitive portion of the Chesapeake Bay Preservation Area (CBPA). The applicant was granted variance by the CBPA Board on February 23, 2015, for encroachment into the RPA for the storage yard. Following the approval from the CBPA Board, the applicant met on-site with City Staff, the Virginia State Department of Environmental Quality(DEQ)and the United States Army Corps of Engineers to discuss mitigation of fill within the floodway. The applicant's professional civil engineer provided the Department of Public Works with satisfactory information that the amount of fill can likely be offset by removal of existing debris on the site. A site plan addressing conditions of all environmental agencies, including any conditions of approval for this request, must be submitted and reviewed by Staff prior to the applicant obtaining a Certificate of Occupancy on the site. Project Details The submitted concept plan shows the expansion of the bulk storage yard on the 1.9 acre site. The scope of work done to date includes: the clearing of existing trees and other vegetation and the removal of debris on and along the shoreline, the placement of fill material behind an existing retaining wall, and the construction of concrete block storage bins. A fence will be installed along the northern property line to provide screening from the adjacent residential neighborhood to the north. In an effort to promote stormwater infiltration and to reduce impervious surfaces, permeable pavers are proposed on a portion of the site; however, the storage area will be predominately gravel. Access to the site will be from the existing curb cut and entryway off Dean Drive. Although the existing entrance does not meet the minimum width as set forth in the Department of Public Works Standards. The applicant will not be required to widen the entrance. The submitted concept plan shows that a portion of the proposed and completed site improvements are located within the City right-of-way. As such, an encroachment agreement must be granted by City Council for all improvements within the right-of-way, including a portion of the existing concrete retaining wall, backfill, and proposed landscape material. An encroachment agreement application has been submitted to the Department of Public Works and is currently being reviewed. The applicant has made improvements to the existing building on the site including upgrades to the front facade, interior renovations, and the addition of a front entry stoop. According to the applicant, the existing building can accommodate up to six tenants. The proposed hours of operation of the storage yard will be Monday through Saturday, 7 a.m. to 6 p.m. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office warehouse and bulk storage yard SURROUNDING LAND North: • Southern Boulevard USE AND ZONING: • Single-family homes/ R-7.5 Residential District South: • Dean Drive • Waterway/ 1-1 Industrial District East: • Waterway/ 1-1 Industrial District West: • Office warehouse & bulk storage yard / 1-1 Industrial District NATURAL RESOURCE AND The site is located directly adjacent to the London Bridge Creek, a CULTURAL FEATURES: tributary to the Lynnhaven River. The site is heavily impacted'by the [°n ""+rte -• F,. .. 2798 DEAN, L. ..C. Agenda Itenii'D4 Pale 2 Chesapeake Bay Preservation Act and a portion of the site is located in the Resource Protection Area. COMPREHENSIVE PLAN: The property is located in the Lynnhaven Strategic Growth Area(SGA)as identified by the 2009 Comprehensive Plan and the Lynnhaven SGA Master Plan, adopted April 24, 2012. The Plan designates the Dean Drive area as an "Innovation Zone" (p. 48). This area is intended to provide "development opportunities for small start-up business and technology innovation" (p. 51). The long term vision here is to create a pedestrian-friendly business complex with walkable access to mass transit and outdoor amenities for visitors and tenants on the waterfront. The plan recommends"Flex" land use and buildings located closer to the street and up to four stories in height for this area (p. 46 and 47). "Flex" is a new type of land designation that permits an interchangeable combination of light industrial, office, and retail (p. 46). • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): The applicant's request for a conditional use permit for bulk storage would have no traffic impact if approved. The site is located on the north side of Dean Drive at its eastern dead end; all traffic on Dean Drive comes from an unsignalized intersection with Lynnhaven Parkway. The submitted site plan shows the reuse of the existing driveway, replacing the existing pavement with permeable pavement. This driveway is only 20-feet wide, which does not meet the Public Works Standards' minimum width requirements for commercial and industrial entrances; however, because the site is reusing an existing driveway outline and has less frontage than the minimum requires by the Zoning Ordinance, no widening will be required. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use 2— 100 ADT Dean Drive No data 9,900 ADT '�(LOS'4"D") Proposed Land Use 3— No available 11,100 ADT (LOS "E") change anticipated Average Daily Trips 2 as defined by 14,400 square feet of light industrial development 3 as defined by the addition of an outdoor storage area a LOS=Level of Service WATER: The site is already connected to City water. There is an existing 10-inch City water main on Dean Drive. The existing 5/8-inch meter(City ID#95109489) may be used or upgraded to accommodate the proposed development. 2798 DEAN, L ..C. Agenda Item D4 Page 3 I II I SEWER: The site is already connected to City sewer. Sewer and pump station analysis for pump station #253 is required to determine if future flows can be accommodated. • EVALUATION AND RECOMMENDATION The site is located in the"Innovation Zone" of the Lynnhaven Strategic Growth Area (SGA). The long- term vision of the SGA Implementation Plan is for pedestrian-friendly business complexes, with access to mass transit and outdoor amenities for visitors and to tenants along the Creek. The requested bulk storage use is not consistent with the SGA Plan; however, the use is in character with the surrounding area, and is deemed appropriate as an interim use while redevelopment trends of the surrounding area begin to develop consistent with the ultimate vision of the Lynnhaven SGA.When market forces dictate, Staff would expect to see projects in the"Innovation Zone", particularly the subject site, to capitalize on its waterfront location and redevelop in a manner that is sensitive to the natural environment. Consistent with City Council policy and previous use permit applications in which the use is not consistent with the vision of the SGA Plan, Condition 2 is recommended that limits the duration of this use permit to ten (10) years. Section 228 of the City Zoning Ordinance requires that a bulk storage yard be entirely surrounded with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The applicant intends to install a fence and gate only along the northern property line. The submitted concept plan does not show a fence or landscaping along the eastern property line. This deficiency can be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviation "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". Staff concludes that because the area directly adjacent to the storage yard is a waterway and will never be developed, the lack of screening will not adversely impact the adjacent properties. Based on the considerations above, Staff recommends approval of this request with the conditions below. 4 • CONDITIONS 1. Except as modified by any changes or conditions required by any environmental agencies on the parcel, including but not limited to the Chesapeake Bay Preservation Area Board, Virginia Department of Environmental Quality and the Army Corp. of Engineers, the site shall be developed substantially in conformance with submitted Site Plan entitled "CONCEPTUAL DEVELOPMENT PLAN PARCEL"J", 1.900 ACRES, 2798 DEAN, LLC, IMPROVEMENT PLAN", dated 03/31/2015 and prepared by WPL. Said Site Plan was displayed to the Virginia Beach City Council and is on file with the Planning Department. 2. This Conditional Use Permit for Bulk Storage shall expire ten (10)years from the date of City Council approval. To continue the use of the site as a bulk storage facility after such expiration, the applicant shall request approval of a Modification of Conditions through the submission'pf„ x ter. 2798DEAN, L. C.. Agenda Ite i ,D4 P.ae 4 I II i I proper application in affect at that time. 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. 2798 DEAN, LK t .C. Agenda Item D4 Page .5 CBPA BOARD ACTION: APPROVED WITH 20 CONDITIONS Standard Site Conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any additional land disturrbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occuring on a paved or graveled surface. 4. Wire reinforced 36" silt fence, for erosion and sedimentation control measures, shall be installed along the seaward portion of the project prior to any land disturbance and shall reain in place until such time as vgetative cover is established. Said silt fence shall be delineated in the field with Civil Inspections. 5. Construction limits shall be delineated in the field with the Civil Inspections for both on and off- site disturbed areas.Within the RPA, exclusive of limits of construction, areas of existing landscape beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such shoreline vegetation, may not be removed. 6. For all areas to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed)vegetation impacts. 7. Permanent and/or temporary soil stabalization measures shall be applied to all disturbed/denuded area(s) prior to a final building inpection or certificate of occupancy. All disturbed or denuded areas shall be stabalized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. Site Specific Conditions: 8. A revised site plan shall be submitted to the Department of Planning, Development Services Center (DSC)for review and approval prior to the issuance of a building permit. 9. Submitted concurrent with the site plan shall be a separate planting/buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoaration requirements. The planting/buffer restoration plan shalll clearly delineate existing naturalized areas (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitted sunlight to interface with tidal fringe marsh. 10. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D-Stormwater Management. CONDITIONS OF THE CHESAPEAKE BAY PRESERVATION AREA BOARD FEBRUARY 23, 2015 279$DEAN, LLC. Agenda Item D4 Page 6 11. Pursuant to the Chesapeake Bay Preservation Area Ordinance, buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA. Submitted with the application is approximately 5,280 square feet of restoration the majority of which lies off-site on City propoerty. If approved, off-site and on-site buffer restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assisstance. The required restoration areas shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4"-6" in depth. Said mulched restoration area shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in mash shading or interference with the integrity of shoreline structures. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to thte issueance of the certificate of occupancy or release of the building permit. 12. A means or method to adhere to the aforementioned VIMS recommendation to enhance the Riprarian/Marsh Buffer and widen the Marsh shall be addressed, approved, and installed prior to a certificate of occupancy permit within one(1)year of February 23, 2015. A Joint Permit Application (JPA)will be required. 13. Outboard of proposed permeable pavers shall #57 washed aggregate at a minimum depth of 6 inches. 14. An encroachment for off-site improvements shall be obtained from City Council prior to site plan approval. 15. A conditional use permit shall be required from the City Council for a bulk storage yard within the zoned I-1, Industrial District. Said approval shall be obtained prior to site plan approval. 16. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payments shall be based upon the amount of new impervious cover within the RPA inclusive of the once variable width RPA. The revised site plan must quantify the amount of impervious cover within the RPA. Payment shall be calculated in the amount as follows(Proposed impervious cover divided by 4, divided by 27, times 15, times 1.65 for the total amount required). Said amount is based on 25% of the propsed impervious cover within the RP, inclusive of the variable width portion of the buffer. Said payment shall provide for an oyster shell plant within the Lynnhaven River Basin. 17. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. CONDITIONS OF THE CHESAPEAKE BAY PRESERVATION AREA BOARD FEBRUARY 23, 2015 t ai 279 TOEAN, L t Agenda Itenj D4 Page„7 18. Upon granting of a CBPA variance, encroachment from the City Council and conditional use permit from City Council, a revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval within 90 days from the date of City Council approval(s). Once said site plan has been approved, a CBPA/Civil Inspections ermits must be obtained within 30 days. All required restoration must be installed or in the process of being installed within 45 days after issuance of the building permit. Failure to comply with this conditoin may result in a show cause hearing. 19. The conditions and approval associated with this variance are based on the exhibit dated February 2, 2015, prepared by WP Large, signed February 2, 2015 by Eric Garner. 20. Approval from Public Works for the retaining wall and assocaited backfill within the floodway portion of the floodplain must be obtained prior to proceeding to Planning Commission or City Council for the aforementioned request to encroach onto City property and conditional use permit for bulk storage within the I-1 Zoning District. CONDITIONS OF THE CHESAPEAKE BAY PRESERVATION AREA BOARD FEBRUARY 23, 2015 L 2798 DEAN, L .C. Agenda Item D4 Page.8 I N 2 4111111111111111111 T N W ! o(Z (!U _ a s • -.r, W, • •lof e', ' .. ,. .„,....., NII,---,--,., •_. __t , •1 440 i „....,.....___ , L.1„,,,,,.,... ‘... , . �, _..k ....,..1. :_ \ - a . __ . _ ___._ • -- •___ ,i. 0 •, , A ..4 4._ • . . :: e, t -4 . t, 4., g ...,.. . r . b.: ;,,,k . ....2 ..r. 1 ,.,6- , (.-• °', � N rte ' W, `, T > 6 I S9 . .,s ' ' ,,44.7:...::i ft,,,,:loi,:r._,L.,_,i I:,,p.rj'l ,.:::i,1,.1, ,.„,_., __ I_:' `' �, ! rt Vii' _ :.r.w.cc_7.0or- it4..:slit 7i...oil, . ,:: u 1 AERIAL OF SITE LOCATION ► -" lw-8 2798 DEAN, L.L.C. Agenda Item D4 ff Page 9 _' Aip . lift s e:.,r_ d i �c, ,41;1 �. fit' 'CA .• • 'An `Y t ..", , ,. -.A. .0 ,, ,,, .„,, , ., - _. , . . ,.. ... .„.1.44.4 ''•-, -' 2"„s „•zcr '. `.: et', :.°,,ios, ., '41*"”:"... .„ , „.„, . ,,, :_ 2,..,,,,i-: . _. ,,v.„ _:.- , - - .....,,,,,, _ , . . . ‘„, ,__,.,.....„- ,,, ,,,,,, ,...,,, _. .,....:„. , , ...i.„.„ ..,,,,,,3_, .. , ? ,,,,, , ,,, ..,,,,, { . ,. L , -,t, ...., , • t. AI Y_ . � ' . `''.4 1"41 klA • iM 1t3 y A 5.r. _ I.4' ✓ �N-- —,il Atli- r {S ,t ,Q" fir,,. r ..9, �4� Y ARIAL PHOTOGRAPH- 2013 2798 DEAN, L.L.C. Agenda Item D4 Page 10 f1 It T ii . \ 1•,�" --i 1 I .st.x 1 it �, �'' ,.r ' e t. • _ i, _ L, .F - � t al:y Y,{ ' r 4 r- r n 1 ` I I t Imo' I fIN ... 1 q ia . -,, ,SVA ,14 44410 ' L „., ,,,, , ,....._.._, R .„ ,,„ , , ARIAL PHOTOGRAPH- 2015 G1NIA13E4C!;w 2798 DEAN, L.L.C. Agenda Item D4 : i' Page 11 I ;! AAS 311S l9P11SIX3 , III" 5! I w O rj !i; IiilII 111i -i tl 1-11 5t I ;iii11!!t:I 11l11 i111plw - 1 +'I• i•, !^.!. , F it le i$i!;I II1ti 6 itlall! 1J r;i } t i 1: us I1! I!IiIiii-iii! i!! �r��t.�' .. !1t•!!1 ., ' , ' , .1 • �� ~��(�lt�illtit�hill.°!11,1:1 1.=d4ld1;jtj WI I �lAi . . 19,-..j !!!!!lllli ikt;Iiirll.:Ig11�11 I,Will!M61 �, esu _.. .. • /. . . . + � ii, . + ,I I I I !I! A . . . +� l 111 ,• . . i ., . +�, 1 ! 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(1 d y� ` / m J y 26Q •T:7 0 .13P7 e 0 -1 fL, 10 \co_ r 2* ' 110 ® ,,. 75 ifB Ldo nARRRn 51 ,. �s 411, a 2 poroma 5D sD •Zoning with Conditions/Proffers,Open Space Promotion CUP for Bulk Storage Yard 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 11/24/2009 _CUP (Residential Kennel) Approved 2 02/01/2007 CUP (Community Boat Dock) Approved 07/06/2004 SVR Approved 03/18/1985 CUP (Miniature Golf Course) Approved 3 11/27/2001 MOD Approved 03/15/1999 CUP (Church Addition) Approved 4 06/27/1995 CUP (Automobile repair establishment) Approved 5 03/27/1995 REZ(I-1 to Conditional B-2) Approved 2798 DEAN, L.L.C. Agenda Item D4 Page 14 :;, .4 „44, 4,-- til,. 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 • 0 The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 /APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. �, Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/AII d=5cirnures I,,,,•.t be it, C, I. (7)..trks v ttt.trtr Page 1 of 4 I' fl, C, n'F.t''' i JC cCn..t :I .e:in.It n':.ra.us to t hi alt: tLr,ic1 0 APPLICANT NOTIFIED OF HEARING DA IT 25 NO CHANGES AS OF DATE: l5 —❑ _ REVISIONS SUBMITTEDDAl I..: DISCLOSURE STATEMENT If 2798DEAN, L C. Agenda Item D4 Page 15 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) Tim Costen,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) Chesapeake Lawn&Garden,Inc 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. Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. nCheck 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 2798 DEAN, L . C. Agenda Itet,D4 P. g 1.6 44 ,aolot Virginia Beach 1 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship° means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ CI Accounting and/or preparer of your tax return ❑ El Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than • Elthe 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 LI Construction 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. DISCLOSURE STATEMENT 2798 DEANL .C. Agenda Ite'g ,D4 Pa 1.7 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 o a Real Estate Brokers/Agents for 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 IXcontingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? N/A CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Billy Garrington(Applicant Rep) APPLICANT'S SIGNATURE PRINT NAME DATE Tim Costen,Managing Member PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT 279$ DEAN, LF .C. Agenda Iter1 D4 Page 18 Item#D4 2798 Dean, L.L.C. Conditional Use Permit 2798 Dean Drive District 6 Beach July 8, 2015 CONSENT An application of 2798 Dean, L.L.C.for a Conditional Use Permit (bulk storage yard)on property located at 2798 Dean Drive, District 6, Beach. GPIN: 14977400710000. CONDITIONS 1. Except as modified by any changes or conditions required by any environmental agencies on the parcel, including but not limited to the Chesapeake Bay Preservation Area Board,Virginia Department of Environmental Quality and the Army Corp. of Engineers,the site shall be developed substantially in conformance with submitted Site Plan entitled "CONCEPTUAL DEVELOPMENT PLAN PARCEL"J", 1.900 ACRES, 2798 DEAN, LLC, IMPROVEMENT PLAN", dated 03/31/2015 and prepared by WPL. Said Site Plan was displayed to the Virginia Beach City Council and is on file with the Planning Department. 2. This Conditional Use Permit for Bulk Storage shall expire ten(10)years from the date of City Council approval.To continue the use of the site as a bulk storage facility after such expiration,the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item D4. 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 D4. Billy Garrington appeared before the Commission on behalf of the applicant. i _ _ ...„___ ___ • At<ow6,147-,7 74-- le°, ,,,/,, , „„ , 0 , . z 0 Ai A.o. 1,,,„ r= • /, olrA ' .( 00 . .. Aiiii Al --': iiiirAor a *114 ritt,,P, ri,n .,0141 ,- A-040-6- --.' .--, ,,''xfir 1 / t ear 43'1 ', V..111Vr. fr ir/ hjj 014 / 7 A 0. y-/le' .i A i, , 1 z . ce ....„4/25;.r i „ s.b Argt , . . •/ , A, . // , - r'" A-__ . ...,. ..„1",, 44 7 r- _ :_------- ____.? ie -4. .4 .,'/, ✓ / 'Y+- ' X17 - ,,, 1 I fir = - 7;4: / '' ' - . lir z f 0 A AliA Z 5 ,. .,..4/, ----- - ___ , .. . , / -, ,,,- , i / / i.1, , ///- / . A 1 -/2''. ' 4t '7/---. --- si Ill ' ' ----Z .EA -Akr,di.- - . 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IV 10 e O _>,-'� " / ,' NCDg / ''"! ../mom ` � -✓ - 0 f��tAA�Cyh� ZI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FUN SPOT AMUSEMENTS, LLC [Applicant & Owner], Conditional Use Permit (Outdoor Recreation), 304, 306, and 308 22nd Street. (GPINs 2427180616; 2427089655; and 2527089604). COUNCIL DISTRICT— BEACH. MEETING DATE: August 18, 2015 • Background: The site is located in the OR Oceanfront Resort District on a Gateway 3 Street Frontage. During the 2014 Resort Season, the site was used as a temporary commercial parking lot. On December 9, 2014, City Council approved a Conditional Use Permit for a Commercial Parking Lot. The request was deferred a number of times and eventually recommended for denial by City Staff. Planning Commission recommended approval for the request for a Commercial Parking Lot with 14 conditions. During the current Resort Season, the site has been operating as a surface parking lot and providing remote parking without the appropriate permit(s) or site plan approval. The site has not been improved to meet the conditions required by City Council with the Use Permit approved in 2014. The site has also not been improved to meet the minimum standards required by the OR Form-Based Code (FBC) for a surface parking lot. • Considerations: The applicant is now requesting a Conditional Use Permit for Outdoor Recreation. Specifically, the applicant desires to use an inflatable cliff and an inflatable zipline on the subject site. The inflatables would be open to the public as a commercial outdoor recreational use. The FBC requires a Conditional Use Permit for any Outdoor Recreational Use. Further details pertaining to this proposal, as well as Staff's evaluation of the request, and its reasons for recommending denial are provided in the attached staff report. There was no public opposition to the request. • Recommendations: The Staff recommended denial of this application to the Planning Commission, and recommends denial to City Council. The Planning Commission, however, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: I II FUN SPOT AMUSEMENTS, LLC Page 2 of 3 1. The inflated amusements, fencing, and kiosk shall be located on the eastern side of the site substantially as shown on the submitted proposed site layout. 2. The use shall only operate March through December. The hours of operation shall be limited to Monday through Friday 10:00 am — 7:00 pm and Saturday through Sunday 12:00 noon — 7:00 pm. 3. The inflated amusements are to be deflated and stored within an enclosed area nightly. This area shall be screened by privacy fencing and landscaping following the standards for screening bulk storage. Said enclosed area shall be located in the southern portion of the site. 4. Prior to site plan approval, a written agreement confirming the availability of restrooms within 500 feet of the subject site shall be submitted by the applicant. 5. All blowers shall be insulated by a noise insulation box during all times of use. 6. Operation of the inflatables shall not commence prior to the completion of all the improvements required by these conditions and those required through site plan review. 7. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirement of the Site Plan Ordinance, specifically as they relate to canopy coverage. 8. Landscaping located within the most northern 28 feet of the site shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. This site plan was submitted as part of the previous request for a Commercial Parking Lot. 9. A modified Category IV landscaped buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of 8 feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this buffer shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. 10. The applicant shall provide a 6 foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the west. Said fencing shall begin at the most northern point of the existing fencing and extend north along the property line until it is even with the front façade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be 4 feet tall and extend to the back of curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 11. A 4 foot tall ornamental aluminum maintenance-free fence, no less than 50% transparent shall be provided along the eastern side lot line and southern lot line. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 1 FUN SPOT AMUSEMENTS, LLC Page 3of3 12. This Conditional Use Permit does not include or allow use of the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" as a vehicular point of ingress or egress. This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 13. The applicant shall be required to submit an application for a Modification of Conditions when the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" is proposed for immediate use. Said application shall be accompanied by a site plan which includes the parcels identified as GPINs 2427-18-0543 and 2427- 18-0409. 14. The exterior of the attendant kiosk shall be made of maintenance-free materials. 15. An attendant shall be on site at all times during operation. 16. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. 17. The gate proposed on 22nd Street shall consist of materials that are generally recognized as maintenance-free. A detail of the gate shall be submitted with the final Site Plan for approval. 18. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 19. This Conditional Use Permit is approved for a maximum of two years from the date of the City Council approval. After said time limit, per Section 221(k) the Conditional Use Permit may be approved to continue by the Planning Director. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmer) ji/F---* •CtCity Manager: k, I p:-6 Fun Spot Amusement,L.L.C. D3 a Scab '' ' July 8, 2015 Public Hearing �,�` 4. + , , .r„ \ \,;\\� APPLICANT & PROPERTY OWNER: 111 it •.s • . \ FUN SPOT \\ � S. „ . ,� AMUSEMENTS .Rr. a * A ‘1* '%113%0 ‘_. \ N ..v �� L.L.C. ‘ \,..'!i,‘‘7, .,q ht'0\''11‘ ' \ `►1. \\ 1► •z..w.6.r C.+dww.Pwa.,OP..SP...Promo.ion CUP for OUTDOOR RECREATION oe•oro/Mach O..Sy STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit(Outdoor Recreational Use) ADDRESS/ DESCRIPTION: 304, 306, 308 22nd Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2427089604 BEACH 21,000 SF 65-70 dB DNL 2427089655 (Sub Area 2) 2427180616 APPLICATION HISTORY: This application was deferred on May 13, 2015 and June 10, 2015 to allow time for the applicant to consider suggestions from Staff. 4 • BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for Outdoor Recreation to deploy an inflatable cliff and an inflatable zipline on the subject site. Said inflatables would be open to the public as a commercial outdoor recreational use. The subject site is zoned OR Oceanfront Resort District and follows the regulations set forth in the Oceanfront Resort District Form-Based Code(FBC). The FBC requires a Conditional Use Permit for any Outdoor Recreational Use. The subject site fronts on the south side of 22"d Street. This portion of 22nd Street is identified as a Gateway 3 Street Frontage by Section 2.1 of the FBC, The site is 150'x 140', and is located 100 feet to the west of the intersection of 22nd Street and Pacific Avenue. Adjacent to the west of the subject site are four Detached Houses. Immediately adjacent to the south of the property is parking associated with the adjacent restaurant 21st Street Seafood Company at the corner of 21St Street and Pacific Avenue. The City of Virginia Beach owns the property immediately adjacent to the east where there is an existing FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 1 three-story brick building. North of the site and 22nd Street are two Detached House Building Types and an outdoor seasonal miniature golf park. The site was used as a temporary commercial parking lot during the previous resort season, and is currently developed to include the standard right-of-way improvements associated with the temporary commercial parking lot, which includes a 5-foot wide sidewalk and a 30-foot wide commercial entrance. The site has also been landscaped to partially meet the landscaping requirements associated with a Commercial Parking Lot. For lighting, the applicant is utilizing an existing parking lot light fixture which is located on an adjacent property to the south. The site was approved by City Council for a Conditional Use Permit for a Commercial Parking Lot on December 9, 2014. The request was deferred a number of times and eventually recommended for denial by City Staff. Planning Commission recommended approval for the request for a Commercial Parking Lot with 14 conditions. Said conditions included a time limit of two years from the date of City Council approval. Additionally, and of large concern to staff, was that no preliminary stormwater management method(s) had been included in the site plan exhibit nor had any of the required interior canopy coverage been shown. The applicant is proposing to primarily follow the site exhibit submitted with the Commercial Parking Lot Use Permit application. Both the new site plan and previously approved site plan are included at the end of this report. The proposal is to inflate a zip line that will be 86 feet long, 12.5 feet wide, and 20 feet tall as well as a cliff jump that will be 22 feet long, 16 feet wide, and 17 feet tall. Said inflatables will be situated in the eastern half of the site and enclosed by a four-foot tall maintenance free fence. The western half of the site is occupied by 13 parking spaces. Three blowers will need to run during the hours of operation to keep the attractions inflated. Said blowers generate 90 decibels of noise. An insulated noise reduction box may be capable of reducing this noise up to 35%. The hours of operation are proposed to be from 10:00 a.m. to sunset; the use is proposed to operate for the months of March through December. The cost of admission will be collected from a five-foot by seven- foot kiosk. Up to eight employees are anticipated to be working at any time. In addition to the vehicular ingress/egress on 22nd Street, an additional "FUTURE CONNECTION" is called out with the adjacent lot to the south. Both points of ingress/egress are shown as gated. A four-foot high and six-foot high privacy fence are proposed along the western lot line. Landscaping is proposed to border the site as shown in the site plan. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant gravel lot SURROUNDING LAND North: • 22nd Street USE AND ZONING: • Mini-Golf/OR Oceanfront Resort District South: • Restaurant/OR Oceanfront Resort District East: • Vacant Municipal Building /OR Oceanfront Resort District , FUN SPOT AMUSEMENTS LL.0 Agenda Item D3 Page 2 West: • Residential Dwelling/OR Oceanfront Resort District NATURAL RESOURCE The site is located in the Chesapeake Bay watershed and the proposed land AND CULTURAL disturbance is over 2,500 square feet. Accordingly, the site plan must comply FEATURES: with the Stormwater Management Ordinance and both water quality and quantity measures are required. The method(s)of stormwater management should be included in the Use Permit application. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA)on a Gateway 3 Street Frontage. This Frontage is intended for key streets entering and exiting the Resort Area and is applied only to portions of 21st and 22" Streets. Development which fronts on a Gateway 3 Frontage should support a transition between large scale mixed-use development to the east and smaller less-intense and residential uses to the west. This project was presented to the PDRC prior to Planning Commission and was supported by the group. MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): 22"d Street in the vicinity of this application is a four-lane, one-way, minor urban arterial with on-street parking, and an 80-foot wide right-of-way. There are currently no Capital Improvement Plan(CIP) projects planned for this portion of roadway. 4 0 EVALUATION AND RECOMMENDATION It is Staff's finding that the proposed inflatable recreational use is not compatible with the existing surrounding land uses or the intent of the Gateway 3 Street Frontage. The Gateway 3 Street Frontage is intended for key streets entering and exiting the Resort Area which are transitioning from small scale or residential uses to larger scale mixed-use development. To the west of the subject site are four Detached House Types that are used as duplex or multi-family units. The unit that is immediately adjacent to the site has recently experienced extensive interior and exterior renovations as it is the intent of the property owners to continue managing the property as a multi-family unit. Staff finds that this type of moderate residential density and the associated existing form are in keeping with the intent of the Gateway 3 Frontage. The use and form of these adjacent sites currently define a"fringe" of the resort-related attractions and appropriately communicate to tourists that 22nd Street is primarily residential to the west of Arctic Avenue, thus successfully achieving the intent of the Gateway 3 Frontage. It is Staff's opinion that the proposed inflatable recreational use of the lot would significantly detract from this established transition and would undermine the intent of the Gateway 3 Frontage. Additionally, the subject site has been used by the applicant for various noncompliant operations a number of times. Based on a history of noncompliance outlined below, Staff does not believe that any conditions will render the requested use appropriate for the site, as it is unlikely that said conditions will be followed: Spring 2013: Three dwellings located on the site were demolished and the site was improved by grading and pouring gravel prior to submitting the necessary plans to the Development Services FUN SPOT AMUSEMENTS L L.0 Agenda Item D3 Page_.3 Center. The site also began to operate as a Commercial Parking Lot at this time with no Conditional Use Permit or Temporary Commercial Parking Lot Permit. July 2013: Following Section 5.3.7 of the Form-Based Code(FBC), the site was allowed to operate as a Temporary Commercial Parking Lot for one year. July 2014: The site continued to operate as a Commercial Parking Lot after the duration of the Temporary Commercial Parking Lot permit had expired. December 2014: City Council approved a Conditional Use Permit to allow the site to operate as a Commercial Parking Lot for two years. Spring 2015: The site is operating as a surface parking lot and providing remote parking without the appropriate permit(s)or site plan approval. The site has not been improved to meet the conditions required by City Council with the Use Permit. The site has also not been improved to meet the minimum standards required by the FBC for a surface parking lot. For these reasons, Staff recommends denial of this request for a Conditional Use Permit. Should City Council choose to deny this request, the applicant can still develop the site as a Commercial Parking Lot until December 9, 2016 per the existing Use Permit and its conditions. FUN SPOT AMUSEMENTS L .0 Agenda Iter D3 PaOe .4 )d g • t .,e , a . ;:t /i• ' e. C p` ..: L ' yam ,. . Ui . i 0:1 „,,- t-f3 •''' i 0 cc: 1 W ' i ` �t A i _ a.+ - !, N ` t 114tko I • • u r ' y,�'i 4r ) ', • r '1 ,% `' �/t ` Q 'I ,,...,,.. .. , , ,,, t......____:,... 7 Av ..1-UE'-‘VC6.1 . — . RCTI '" ttt p8 93 It; b 1 r AERIAL OF SITE LOCATION FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 5 iri ! d 11 , lors7tr;2Es e e."'Ilt --""--- - t hi 1 4 :I ,.i1P.OMNI IP igt4 1 n,. , 1 I .,:l jIY J 11 I � 1 H li .1.. : I li 1 . .1 »t. 1,' _ iz ,1 4, - --- --- ------- - Fp- - N. 1 lig !I ..:,. ... z11 _- 1 54.e11; e ,1t.! � 1 lq€ i 1 h ill ; ' 11 I , itis lit, .. . L. ..... 111111J Rth- it 11i.' / ‘ o-_ 11l. ;g 11' ..-- ,, Li 4 j ig 2 1r-1, I I I 1 I jlI', ---- — - --- y r marleta., fl c p Lo sau•MOR a Ili ` ..Z Aa.wa II I ..1 I 1 __----° 31 Wan V 01-110Vd PROPOSED SITE LAYOUT r„'G�rA'$EA FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 6 ,z rs, oz r JS e DUN R PToO irftata 2000e ' •r a a S •0 it A �I .. Orth imagin0oo AM • • Pressure regulator .,,.,.,,+- included 1.1.1111111. Y 7 i ♦, 4'1 . d.0• Fills in 30 minutes using(4)Turbo Pumps GrayCoat2000r"^exclusively designed& formulated heavy-duty,reinforced vinyl Climb the stairs to the top platform and get attached to the Zipline cable and experience the exhilarating thrill as you zoom down the Zipline like you were Indiana Jones. Everyone loves flying through the air and anyone can do it.The thrill of Ziplining has been around for years and Ziplines are popping up all over the U S. so we've come up with a portable, inflatable version. Best of all,there's no need for steel or excess weight!With our revolutionary"sealed air'frame, we've eliminated the need for a heavy steel frame that takes time to set up and extra space in your vehicle The"sealed air"frame keeps the unit from collapsing from the weight of the rider,whereas an entirely cold air Zipline would be too big and heavy to maneuver to keep your rider safe Zipline:US Patent No.6,764,408 B1 Zero Shock:US Patent No.7,357,728 B2 www.inflatable2000.com r,a a a . „ .are cover-.•v• ta! :iir nc rp.recery-. a ant patents.....nor ...,Is.pauresa.pr..uct names are reggcter. -.ems -Ms!.:iir nc• ! ion 20 PROPOSED INFLATABLE FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 7 ._._ it 1.II ZIPLIN TM - new Sealed-air frame, f ' no need for heavy . steel frame! ' 1, • `� Patented Zero Shock t technology crasi f mattress e i 4' i Cold-air inflatable h,i, -- •, j�'�� safety mattress 1^ �1t` ��" Includes: t,). �'fi k tt; (1)Cold-air Camouflage mattress b• ti V4', w/Zero Shock technology Foam entrance (1) Sealed-air Zipline frame 1�,5 \\' , safety mat Length: 86' (1) B-Air Blower 4. �,K (not shown In photo) Width: 12'6" (4) DIDA inflators N► }�(. . ,\r ,:, Height: 20' (1) Pressure Gauge i i ?.` Total Weight: (1) Foam pedestal exit step e?)► - ,, 1,570 lbs (5) Carabiners and T-bar handle • L\ i `1'' . - — • Steel Braided Cable,Trolley, Return rope, Cold Air Camouflage st zr 1I "k..) , Staircase, Repair Kit, Storage Bag : . z • and Stakes `} -y1, ! i }i ! yI I Ill if I 1 1 o ,, •, _ ‘4,0c.._, , - 5 ,....... (888) 463-5848 PROPOSED INFLATABLE ,.,rG1�IA-Bp 4 4-'•'4 ry --_.:.7,;,._ ,.yr , FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 8 r y r -N. ,.O s- '_r ,: / r` : ,: 014., t4413— , a... r Pc b . ',It • V , , I ( t t y -r I`rr • Lr • rt 4 ' p,k i k 4 if ,, , . , „:„„,„,.; • t PROPOSED INFLATABLE ''''''''''A—.13., "10',...*4Gix,.` FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 9 R .., 'QRS MRdyyyW I t; T-- 1 I I L'IV 4 6-46 r- , k kill I s r 1 _* 1^� AMC r�... �M \ a tm =�,'it P.' J r llOwlfAil illr We i sil o i li�Y�ia��t�!' ia1�� t►i�iY.T...,„iil I �1 I R 1V 'I' ...tet_ I ■i/ i---. `W i iG .I �,Fs • .�` I - 0.21 - -.! 140 \:::+vi it tt:,FS:likeSRI 14 I41. a Cs i .p fil - i. , _ 41, bil 2. } lo 4 . ll a Olviiiii c EN ;,', tsli k iiiiicI 1 l' CI C10 I ....**----'----...) I---- bi I :!. t i'1,44.E. I.L.....• NRUP 4 4 I I 1S IV 1.1 li I gii IL.:. --- 0 I, 1. r o_ I .i pI� ' 'r L] e i I Z 1. g : 1,,;,:, es t'p O (wdi 4- iii. 1 iE -- �i� i1t9, 4; —sem, ."..i ` �....0 ,,o, _ II I!Ili%,,„ . i b. 11/ - i got....., t, it, ..7 VgA .1 I ' liil ib:i IC IA in ' k ik. 7 ‘,2 lot.t6S141 . ' ,, 'rp!,,t;".."':., ' 1&' r 1.* 1! k ip. • !:f 1 rtiF. ' 0:k• ,-- ift �i � ,f ` ( "fid - ' :9 4ts •:•....4`i �. ��' I` '� � '�o ID's'", !►� u �i •' I 1 8 'f+�-�A�liak-.-‘11-,Fr-Ft. ...i i.�es'.rt'. .7iw�.�•iliviefir .. 1.. -i..ntial fi $� '•r -IriAY!!i_YY��%}IwltyGi Bii ice. 13r>4!.rLai/FAO 4+_ �mJA1 P iI P rsrk'.�.,kCse_& N..tn n1r h , ---111—,_ j • • 1 . r., i 11 ;sP - • - • . 0 I tg 1 i —c z � i i ;II -- 3nw3AV O�ovd SITE PLAN PREVIOUSLY SUBMITTED WITH CONDITIONAL USE PERMIT APPLICATION FOR A COMMERCIAL PARKING LOT i 11`9 !SQL FUN SPOT AMUSEMENTS L.L.0 ' Agenda Item D3 4 - Page 10 _, yR L� tufa tae "� �o of oz: ,At�oa lN1A'BE,q O� �'lv „.051 Gity of 'irgiriia Brach .c s f ,ft "quR ' IllgtlY40111 PLANNING DEPARTMENT CURRENT PIANI4IIG ARROCIPAi CENTER PMOne(757)385.4621 BUA.DING2.ROOM 115 FAX m3854467 2405 COUTHOUSE DRIVE VA RMey Number ITT 711 VA BEACN.VA 234564040 December 9, 2014 This is to notify you that the Virginia Beach City Council, at its Formal Session on December 9, 2014: APPROVED-Application of FUN SPOT AMUSEMENT, LLC and LILLY INCORPORATED OF VIRGINIA, INC. for a Conditional use Permit(Commercial Parking Lot)for property located at 304, 306, and 308 22"°Street. The approval of this application is subject to the following conditions: 1. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirements of the Site Plan Ordinance, specifically as they relate to canopy coverage. 2. Landscaping located within the most northern twenty-eight(28)feet of the site shall be substantially as shown on the"SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. 3. A modified Category IV landscaped buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of eight(8)feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this buffer shall be substantially as shown on the"SITE AND PLANTING PLAN EXHIBIT"dated August 12, 2014, as prepared by WPL. 4. The applicant shall provide a six(6)foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the West. Said fencing shall begin at the most northern point of the existing fencing and extend North along the property line until it is even with the front facade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be four(4)feet tall and extend to the back of the curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. CURRENT CONDITIONS APPROVED BY CITY COUNCIL ON DECEMBER 9, 2014 FOR THE SUBJECT SITE FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 11 Fun Spot Amusement,LLC Page 2 of 3 5. A four(4)foot tall ornamental aluminum maintenance-free fence,no less than 50%transparent shall be provided along the eastern side lot line and southern lot line.Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 6. This Conditional Use Permit does not include or allow use of the"FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING'as a vehicular point of ingress or egress.This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 7. The applicant shall be required to submit an application for a Modification of Conditions when the'FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING"is proposed for immediate use. Said application shall be accompanied by a Site Plan which includes the parcels identified as GPINs 2427-18-0543 and 2427-18-0409. 8. The exterior of the Attendant Kiosk shall be made of maintenance-free materials. 9. No vehicle shall be permitted to enter the commercial parking lot after 11:00 p.m. The lot shall be secured at all points of ingress and egress,by no later than 12:00 AM(midnight)and shall remain dosed until no earlier than 8:00 AM.An exception to this condition shall be allowed Friday through Monday during Memorial Day weekend and the Fourth of July when the subject lot may follow the hours of operation of the public parking facilities located in the Oceanfront Resort District. 1o. An Attendant shall be on site at all times during operation. 11. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected,shaded and focused away from adjoining property.A Photometric Plan shall be submitted during Site Plan review. 12. The gate proposed on 22nd Street shall consist of materials that are generally recognized as maintenance-free.A detail of the gate shall be submitted with the final Site Plan for approval. 13. Trash receptacles shall be installed and maintained at the locations determined during Site Plan Review. 14. This Conditional Use Permit is approved for a maximum of two(2)years from the date of the City Council approval,with an annual review by the Zoning CURRENT CONDITIONS APPROVED BY CITY COUNCIL ON DECEMBER 9, 2014 FOR THE SUBJECJ.SITE FUN SPOT AMUSEMENTS L, .0 Agenda Ite ',D3 PO 12 Fun Spot Amusement, LLC Page 3 of 3 Administrator or his/her designee to ensure compliance with the conditions approved by City Council. 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(if such review is required)to meet all applicable City Codes and Standards.All applicable permits required by the City Code, induding 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 and a Business License(if applicable),are required before any use of the property as proposed With the application or the Conditional Use Permit(if applicable)is valid. In accordance with the City Zoning Ordinance,the orange public notice sign(s) posted on this property must now be removed. Please make sure this is done. if you have any questions concerning this notification, please contact the Current Planning Division of the Planning Department at 385-4621. Sincerely 4 j 41 St-$ = J g hits, Ph.D.,AICP Current •I. ning Evaluation Coordinator CURRENT CONDITIONS APPROVED BY CITY COUNCIL ON DECEMBER 9, 2014 FOR THE SUBJECT SITE FUN SPOT AMU ENTS L .0 Aenda ItelD3, Pam 1.3 pM-6 Fun Spot Amusement, L.L.C. Map Scale \,,11 kikvieltk*M\v \%1;1 \‘,4 ,:, *.. 11%\,Lia .. 10 \ 1,14 ‘AW441k ‘ 4014,‘ 4.., 1. ' 10. \ NIARNri\\ '10iN,4,&" `, \\41St*‘*\ .v.,:10 \ *30:1.*1 1.41/4 .VSA*. ' INkli)"*„ N4‘. "ki ‘1 .. . \ 0740.'t•Z Ni‘i. \i‘%,C4k,Z$4:0,1.1‘itel\k. i \ ‘ ,4614:7\\ , 'evo'. -- NNW** ,\114\\*Iit. •q‘ ::: ltiNAriik *S\ voik'.1011%,—.*"..0 ,t,\ ,s..na,V1.,40tr, 'i‘ \ 't464. ‘Ni \. • I*17..6..\.a \,. '61'11 va,,v A t, IN im \\% .117:-,044,4 ,‘,No- , ... , .,.,.... , \ \\ isi ic to.„.4:4,11 11.. 42' '' l'' .4,\ e \\ : � , A 1 \ 1.I �� ,. AINA - e. 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AL4). \ \ .\ ,,, -- - 1\ 1 N \ 4ik ' 'N ."1.. . . ,,,' it •Zoning with Condldo s1Proflers,Open Space Promotion CUP for OUTDOOR RECREATION 08-Old Beach overlay ZONING HISTORY # DATE REQUEST ACTION 1 05/08/2004 Conditional Use Permit(Indoor Commercial Approved Recreational Facility) 2 12/26/2002 Conditional Use Permit(Commercial Parking Lot) Approved 3 11/28/2000 Conditional Use Permit(Miniature Golf Course) Approved 4 06/13/2000 Conditional Use Permit(Recreational Facility) Approved 5 12/09/2014 Conditional Use Permit(Commercial Parking Lot) FUN SPOT AMUSEMENTS L.L.0 Agenda Item D3 Page 14 IDISCLOSURE STATEMENT 1 APPLICANT DISCLOSURE If the applicant is a corporation,partnership,firm, business,or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members,trustees, partners,etc.below: (Attach list if necessary) Fun Spot Amusement,LIC/Andrew Howerin-Managing Member 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant: (Attach fist If necessary) 22nd Street Mini Goll 0 Check here if the applicant is NOT a corporation, partnership,firm,business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properly owner is different from applicant. If the property owner is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: 1. List the property owner name followed by the names of all officers,members, trustees,partners,etc.below: (Attach list if necessary) Lilly II, LLC/Michael A LaGiglia,Jr. -President 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership,firm, business,or other unincorporated organization. '&s See next page for footnotes Does an official or em oyee of 1,1 City of Virginia Beach have an interest in the subject land? Yes II No 4 If yes,what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT FUN SPOT AMUSEMENTS L C Agenda Iter: :-D3 Pa 1. DISCLOSURE STATEMENT I ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use,including but not Inited to the providers of architectural services,real estate services.financial services,accounting services,and legal services:(Attach fist if necessary) WPL GPC, Inc "Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 'Affiliated business entity relationship'means'a relationship,other than parent- subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(rip)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 sane person or substantially the same person own or manage the two entities;there aro common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities.'See Stale and Local Government Conflict of Interests Act,Va.Code§ 2.2-3101. CERTIFICATION: I certify that the irdorrrmation contained herein is true and accurate. I understand that,upon receipt of notification(postcard)that the application has been scheduled for public hearing.I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled pubic hearing according to the instructions in this package.The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. fAndy Howerin Print Name ^1' ( ! Michael LaGigtia .:. s Signattre''>F ,' - - icant) Print Name DISCLOSURE STATEMENT FUN SPOT AMUSEMENTS L .0 Agenda Iter D3 Pao 16 Item#D3 Fun Spot Amusements, L.L.C. Conditional Use Permit 304,306,308 22nd Street District 6 Beach July 8,2015 REGULAR An application of Fun Spot Amusements, L.L.C.for a Conditional Use Permit(Outdoor Recreational Use) on property located at 304,306,308 22nd Street, District 6, Beach. GPIN: 24270896040000; 24270896550000; 24271806160000. CONDITIONS 1. The inflated amusements,fencing, and kiosk shall be located on the eastern side of the site substantially as shown on the submitted proposed site layout. 2. The use shall only operate March through December.The hours of operation shall be limited to Monday through Friday 10:00 am—7:00 pm and Saturday through Sunday 12:00 noon—7:00 pm. 3. The inflated amusements are to be deflated and stored within an enclosed area nightly. This area shall be screened by privacy fencing and landscaping following the standards for screening bulk storage.Said enclosed area shall be located in the southern portion of the site. 4. Prior to site plan approval, a written agreement confirming the availability of restrooms within 500 feet of the subject site shall be submitted by the applicant. 5. All blowers shall be insulated by a noise insulation box during all times of use. 6. Operation of the inflatables shall not commence prior to the completion of all the improvements required by these conditions and those required through site plan review. 7. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirement of the Site Plan Ordinance,specifically as they relate to canopy coverage. 8. Landscaping located within the most northern 28 feet of the site shall be substantially as shown on the"SITE AND PLANTING PLAN EXHIBIT" dated August 12,2014,as prepared by WPL.This site plan was submitted as part of the previous request for a Commercial Parking Lot. 9. A modified Category IV landscaped buffer shall be provided along the western lot line.Said landscaping shall be allotted a minimum of 8 feet of depth from the face of curb to the western lot line for planting and fencing.The plantings of this buffer shall be substantially as shown on the"SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. 10. The applicant shall provide a 6 foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the west. Said fencing shall begin at the most northern point of the existing fencing and extend north along the property line until it is even with the front facade of the dwelling located on the adjacent lot. At that point,said fence shall taper to be 4 feet tall and extend to the back of curb of the most northern proposed paved parking area.Said fencing shall be substantially of the same design and material of the existing fencing.Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. Item#D3 Fun Spot Amusements, L.L.C. Page 2 11. A 4 foot tall ornamental aluminum maintenance-free fence, no less than 50%transparent shall be provided along the eastern side lot line and southern lot line.Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 12. This Conditional Use Permit does not include or allow use of the"FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" as a vehicular point of ingress or egress.This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 13. The applicant shall be required to submit an application for a Modification of Conditions when the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" is proposed for immediate use.Said application shall be accompanied by a site plan which includes the parcels identified as GPINs 2427-18-0543 and 2427-18-0409. 14.The exterior of the attendant kiosk shall be made of maintenance-free materials. 15. An attendant shall be on site at all times during operation. 16. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected,shaded and focused away from adjoining property. 17.The gate proposed on 22nd Street shall consist of materials that are generally recognized as maintenance-free.A detail of the gate shall be submitted with the final Site Plan for approval. 18. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 19. This Conditional Use Permit is approved for a maximum of two years from the date of the City Council approval. After said time limit, per Section 221(k)the Conditional Use Permit may be approved to continue by the Planning Director. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item D3. AYE 11 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1,with the abstention so noted,the Commission approved item D3. Billy Garrington appeared before the Commission on behalf of the applicant. miim- W - f�1a i L ii. a te■ S _______..- amiusizowiiii 11111 MIESV N)InwU � r^ .i W N '`-'"" 1111111‘1-14.11 anrNIMA ins Cl) 414 I+wiummasm..* 1, I -;,mac 111...11411MINI111— CZ — immainainallom-sm. • IlliiftEMN1111111111,asi _.= 2 MIO NIMME1Nmb:.1.11111 IA 111M11= iii"..itillEMI Illal 2 T. mum=I umma ILA in--- suorsias igAzmumesitit41 .-ii. ,;:( „,„.; _it UM MI=gal 1,11111111_21111111•1111 111leallIM____ ___ .W.111111111011111 u. "'' 11111 MOM ttill11111111111111 r� w 1mi.Lf.■y - ti _i %h. INE NIIMPIhdL_LMICIA 1111111111111111111111 ' 40 WIIIMINM1 INK " "1"N1111121111:444•11 MR 111111111111111111111=1 10111115 MO - Q. OM _ -- �,,,iNH NAB i t:= 1 ,. ''' ;-10.. leanli ' w. I li - ,,L__-_ ■ ■ \ \\\k - � J ! 11111 LtJfir \ 611S- ` la - ___ ONINOW 3SO� 'S 1 \\ .— `tib i `' Q _ w 0 ---' \,_., \ Li 1N °' n. L• \ i ,,.____,,„,,,, : 4 Q IX ,vi �_- COi ..- N . i G . 1--1 4.----. i co o - i :i41 r1:1--(4-5 ti4 S 3 Q Cli RocMYptOUNTRD ICIiy STARLI 711EiliRrocrID:. c W ro ___ If: Gw.. H.,7 y, 7. �Fw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER [Applicant] & KRISH ENTERPRISES, LLC [Owner], Conditional Use Permit (Automobile Service Station - fuel sales with convenience store). 300 S. Rosemont Road (GPIN 1487607775). COUNCIL DISTRICT— BEACH. MEETING DATE: August 18, 2015 • Background: The property is zoned B-2 Community Business and has been used for 50 years by various automobile-related uses: automobile service station; automobile service; and limited automobile sales. The site is currently vacant. • Considerations: The applicant is requesting a Conditional Use Permit that will allow redevelopment of the site for a 3,260 square foot convenience store, four fueling stations, and a copy over the fueling stations. A wedge-shaped building will be constructed in the northeast corner of the site. The fuel canopy, parking, and vehicular access occupy a majority of the remaining site. Three of the existing five curb cuts will be eliminated. Further details pertaining to the site and building designs, 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. The site shall be developed in substantial conformance with the submitted Plan entitled "ROSEMONT PRELIMINARY CUP PLAN, 300 S. ROSEMONT RD, VIRGINIA BEACH, VA", dated 04/30/2015 and revised on 05/22/2015, and prepared by Blakeway Corp. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The buildings shall be developed in substantial conformance with LARAE TUCKER Page 2 of 3 the submitted elevation drawing entitled "7-ELEVEN STORE 300 S ROSEMONT RD, VIRGINIA BEACH, VA 23452", dated 09/10/2014 and prepared by K2M Design. Said elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition 4(c) below, the fuel canopy shall be constructed in substantial conformance with the elevation drawing entitled "3x3 CABINET / CANOPY STRIPES", dated 06/08/2015 and prepared by Cummings. The fuel canopy supports shall be wrapped in the exterior materials that match the building, as shown on the submitted elevation referenced in Condition 2, above. Said elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional Signs b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. The freestanding sign shall be monument style and constructed in substantial conformance with the elevation entitled "M16 & L16 MONUMENT", dated 04/02/2015 and prepared by Cummings. Said elevation has been exhibited to City Council and is on file in the City of Virginia Beach Planning Department. 6. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan referenced in Condition 1 above. 7. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. LARAE TUCKER Page 3of3 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above. 10.A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole-mounted and building-mounted lighting fixtures and the listing lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non-business hours. 11.Any vacuum or air pump machines shall be screened with evergreen plan material, size, and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 12.Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan identified in Condition #1 above and from any required sidewalks in the public rights-of-way in accordance with Section 246 (d) of the Zoning Ordinance and shall be depicted on the final Site Plan. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen Me ► 11,-;- City Manage . V,\ BEACH y 2 , �_, Larae Tucker N t: July 8, 2015 Public Hearing i B2 l� t 1 , tr't' L ' ' APPLICANT: `S " , lig LARAE TUCKER /� - , t ti'} 82 ,ii ��,, i4 s P „RAa IM .iM, i } � PROPERTY OWNER: +' �'''� KRISH 1 1,, R7.S , '' s� 'tl ae ;, ENTERPRISES El i 4, G .f Nig ,r:t , :w.,.'M[slalom Ay&ra,a...Sp..owl•• CUP for Automobile Service Station L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Fuel Sales with Convenience Store) ADDRESS/DESCRIPTION: 300 South Rosemont Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14876077750000 BEACH 0.72 acres Less than 65 dB Ldn and 65-70 dB Ldn (Sub Area 3) • 0 BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit for Fuel Sales was approved for the subject site by the City Council on November 1, 1965. A second Conditional Use Permit for an Automobile Service Station was approved on May 25, 1999, and subsequently modified on January 13, 2009 to allow an electronic display monument- style sign. On July 14, 2009, a Conditional Use Permit was approved for limited automobile sales on the site. The previous business has vacated the site. The building and fuel canopy remain; however, they will be removed with the redevelopment proposed by the applicant. Details: The applicant's request for a Conditional Use Permit is to allow the redevelopment of the site for a 3,260 square foot convenience store, fuel canopy, and four fueling stations. A wedge-shaped building will be constructed in the northeast corner of the site. The fuel canopy, parking, and vehicular access occupy a majority of the remaining site. The submitted site plan depicts 13 parking spaces and 1 loading space. Landscaping, including a hedge row and a mixture of large and small canopy trees, is shown along each of the property lines adjacent to the rights-of-way(South Rosemont Road, South Plaza Trail and Victoria Drive). Foundation landscaping is shown along the two sides of the building primarily visible from the LARAE TUCKER Agenda Item 2 Page 1 public rights-of-way. The dumpster will be located in front of the building along the eastern property line. The submitted elevation drawing shows that the dumpster will be screened with a wall to match the building in material and color, and will include all required planting around the perimeter. All planting and screening requirements will be reviewed in greater detail during the formal site plan review process. Access to the site will be via two existing curb cuts, one on South Rosemont Road and one from South Plaza Trail. Three existing curb cuts will be removed, one on South Rosemont Road, one on South Plaza Trail, and one on Victoria Drive. The applicant will dedicate property along South Rosemont Road to the City to accommodate a new right-turn lane and to place a public sidewalk along South Rosemont Road entirely in the right-of-way. A public sidewalk will also be added where the other two curb cuts are being removed to provide a continuous sidewalk along all three rights-of-way. The submitted elevation drawings show a one-story, three-sided, 3,260 square foot 7-Eleven convenience store. The primary exterior material is proposed as brick. Contrasting color bricks are proposed along the water table and as accents on the side facades to provide some relief.A band of split- face block is proposed along the middle of each façade, with matching quoins at each corner. The front façade incorporates storefront windows and an "industrial-style" canopy centered over the entry. Additional detail includes a dark colored cornice along the entire roofline. The support structures for the fuel canopy will be wrapped with materials to match the building. A monument style freestanding sign, with a brick base to match the building, will be located at the southwest corner of the site. The elevation shows the 7-Eleven logo on the southwest corner of the fuel canopy. A condition is recommended below, consistent with all convenience stores with fuel sales requiring a Conditional Use Permit, which would restrict the amount of signage allowed on the canopy and building. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Automobile sales and service(currently vacant) SURROUNDING LAND North: • Victoria Drive USE AND ZONING: • Single-family homes/ R-7.5 Residential District South: • South Plaza Trail • Commercial use/ B-2 Community Business District East: • Commercial use/ B-2 Community Business District West: • S. Rosemont Road • Commercial use/B-2 Community Business District NATURAL RESOURCE AND The site almost entirely impervious. A majority of the site is CULTURAL FEATURES: developed with a small commercial building, canopy and paved surfaces. The site is located in the Chesapeake Bay Watershed. There do not appear to be any cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, and effective buffering with respect,toe .size, LARGE-TUC ER Agenda Item 2 Page 2 intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) 4 0 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the northeast quadrant of the signalized intersection of South Rosemont Road and S. Plaza Trail. The site has direct access to South Plaza Trail by two entrances and direct access to the northbound lanes of South Rosemont Road by two access points. Once access point on each road were closed with obstructions as a condition of a 2009 conditional use permit, though the concrete driveway apron remains. There is also one access point to Victoria Drive. The applicant proposes closing one entrance on each road, leaving no access to Victoria Drive, on entrance from South Plaza Trail, and one entrance on South Rosemont Road. The access point on Rosemont will have a short right-turn lane. South Rosemont Road is a four-lane minor urban arterial roadway designated in the City's Master Transportation Plan Major Street Network Ultimate Rights-of-Way adopted by City Council in 2010 to be improved to a six-lane divided arterial with a 165' right of way. There are no CIP projects on South Rosemont Road. South Plaza Trail is a two-lane minor suburban arterial roadway. The Master Transportation Plan lists it with an ultimate four-lane typical section. Victoria Drive is a two-lane local street that is not identified in the Master Transportation Plan. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Rosemont Road 33,400 ADT ' 22,800 ADT 1(LOS a"D") 27,400 ADT (LOS "E") Existing Land Use 2- 1,415 ADT i 13,600 ADT '(LOS 4"C") Proposed Land Use 3—2,756 ADT South Plaza Trail 9,900 ADT 15,000 ADT ' (LOS 4"D") 1 Average Daily Trips 2 as defined by 2,000 square feet of automobile repair,8 fueling stations&unrestricted inventory automobile sales 3 as defined by 3,260 square feet convenience market with 8 fueling stations a LOS=Level of Service WATER: This site is connected to City water. There is an existing 6-inch City water main along Victoria Drive, an existing 16-inch City water transmission main along S. Rosemont Road, and an 8-inch City water main along S. Plaza Trail. The existing 1-inch meter(City ID#95105363) may be used or upgraded to accommodate the proposed development. SEWER: This is connected to City sanitary sewer. There is an existing 16-inch and 18-inch City sanitary sewer force main along S. Rosemont Road, an existing 8-inch City sanitary sewer gravity main along S. Plaza Trail, and an existing 16-inch City sanitary sewer force main along S. Plaza Trail. A sanitary sewer and pump station analysis for Pump Station#504 is required to determine if future flows can be accommodated. LA ►E TO R Agenda Item 2 Pa'e3 4 • EVALUATION AND RECOMMENDATION This proposal will redevelop what has become a deteriorated property that is highly visible. The proposed site upgrades and architectural design, in Staff's opinion, are a welcomed aesthetic improvement to the site. The proposed use is consistent with the commercial nature of the intersection of South Rosemont Road and South Plaza Trail. Furthermore, the proposed design is generally consistent with the Comprehensive Plan's Guidelines for Suburban Areas and the Zoning Ordinance's Retail Design Guidelines. A summary of the applicable guidelines regarding the building and site design are provided below. • Access and Circulation-The submitted site plan shows that the vehicular and non-vehicular access is clearly marked. The number of entrances to the site from South Rosemont Road and South Plaza Trail are being reduced from two curb cuts to one; the curb cut along Victoria Drive is being eliminated. Additionally, a right turn lane is being added to provide safer access to and from South Rosemont Road. The proposed site design pushes the building to the rear of the site and separates vehicular and pedestrian traffic to provide safe and convenient internal circulation. • Pedestrian Movement-Sidewalks are depicted along all three rights-of-way, and as required by the Zoning Ordinance, a pedestrian path from the sidewalk on South Rosemont Road to the building's entry is depicted on the submitted plan. • Parking Areas-The 13 parking spaces shown on the submitted plan meet the parking requirement of the Zoning Ordinance. The proposed landscape plantings within the parking area will meet the minimum standards. • Landscape Design Techniques-A ten-foot landscaping buffer consisting of evergreen hedges and a combination of large and small canopy trees will be provided along all three property lines adjacent to the public rights-of-way. Foundation landscaping is shown along both facades of the building that face the right-of-way. • Lighting-A condition is recommended to ensure that all outdoor lighting be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto the adjacent property or sky. The site is adjacent to other commercial properties on two sides, and has a roadway separating it from the residential properties on the other two sides; therefore, lighting is not anticipated to have an adverse effect on the surrounding properties. • Signage -The existing monument sign on the site is in a state of disrepair and will be removed. The new monument sign will be located at the southeast corner of the site. The submitted plan shows that the sign will be located in a grassy area and will have the required landscaping surrounding the base. The proposed sign appears to be consistent in color and design theme to the building and in compliance with the Zoning Ordinance. A separate sign permit is required, and the sign will be further evaluated at that time. • Building Design-The building's proposed design uses the following features in accordance with the Retail Design Guidelines: variation in the roofline, changes in material and alternative material accents, storefront display window, and the use of high quality materials. The prefinished metal canopy on an "industrial-style" building appears to be an architectural trend, and is one that Staff has recommended approval of several stores in previous months. LAR*E TU [ Agenda Item 2 Page 4 Based on the findings above, Staff recommends approval of this request, subject to the conditions below. 4 0 CONDITIONS 1. The site shall be developed in substantial conformance with the submitted Plan entitled "ROSEMONT PRELIMINARY CUP PLAN, 300 S. ROSEMONT RD, VIRGINIA BEACH, VA", dated 04/30/2015 and revised on 05/22/2015, and prepared by Blakeway Corp. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The buildings shall be developed in substantial conformance with the submitted elevation drawing entitled "7-ELEVEN STORE 300 S ROSEMONT RD, VIRGINIA BEACH, VA 23452", dated 09/10/2014 and prepared by K2M Design. Said elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition 4(c) below, the fuel canopy shall be constructed in substantial conformance with the elevation drawing entitled "3x3 CABINET/CANOPY STRIPES", dated 06/08/2015 and prepared by Cummings. The fuel canopy supports shall be wrapped in the exterior materials that match the building, as shown on the submitted elevation referenced in Condition 2, above. Said elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional Signs b. One(1) monument-style freestanding sign, no more than eight(8)feet in height, set on a brick base to match the building brick and two(2) building and/or canopy signs. c. Striping on canopy shall be limited to ten (10)feet on each side of the canopy or one- quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. The freestanding sign shall be monument style and constructed in substantial conformance with the elevation entitled "M16 & L16 MONUMENT", dated 04/02/2015 and prepared by Cummings. Said elevation has been exhibited to City Council and is on file in the City of Virginia Beach Planning Department. 6. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan referenced in Condition 1 above. 7. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245(e)of the City Zoning Ordinance. LA4AE TUC `R Agenda Item 2 Page 5 I II i 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided as depicted on the Plan identified in Condition#1 above. 10. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole-mounted and building-mounted lighting fixtures and the listing lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non-business hours. 11. Any vacuum or air pump machines shall be screened with evergreen plan material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 12. Pedestrian walkway(s)to the convenience store shall be provided as depicted on the Plan identified in Condition#1 above and from any required sidewalks in the public rights-of-way in accordance with Section 246(d)of the Zoning Ordinance and shall be depicted on the final Site Plan. 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. LARAE TU R Agenda Item 2 Page 6 .gym $ X , Ut � d vm 9 i • I • a isv ' P a , ` a �,, ,, C ., t' e. 0. 9 f Fo }. ICC W Q _ Z ,r:_ w WAVE RLY DR �O _,I _ j( .0 3 i '2 , : I i • I • 7 re ir Ot/O21 1NOW3S02:1,'S a'rs i 1 4 ,¢ ' '; ;.1-,?,:.,1k .... a irc'/ a Y. e; a , . _ V EscE ' AERIAL OF SITE LOCATION LARAE TUCKER Agenda Item 2 Page 7 INOiN3SON 1NONI3SOH gitt] divkimaNerEf -— _ar.'_ iNomsoa 8 ce • . .t g ,: , st g • -gt g g - . t ittgg Cl) li itA. i !.1r § !: !1!1:1 ifqg ;do i::30111!i 0 1 girt;;.tirrilikiiit 4 t.t1,; 1 g $113iir;1'4.* 1 ird .5.1.. LI' 51 Milli 4!;:li i t ! i 1 1 III SW ? Dan III" i i- . - ., • .. § gigfIniti ; I i g F t 1 I 1 I 1 1 1 _ . ? !I 1 t 1 lie Ilk I 4I I I 1 1 oi pit! 1 ii:liolipi I ii 1:1,1 broil! 1111010!: 11 0 11 I 1 1 7 I 1 I it :11 1 t4 k' Ai IN 4: 1: g ta a i .a_ iai,..: 4:--1---- --...1_—_-=-...•, ....— --- -Avriii, • 1,... .... . mio •- • i , 1 . ,' 140t. ,,..• lh „ .... pit/ , V °' ' ,,, 1.,,, • -, ,;,:r - , „et( ,, ,.. 1 ,r• '411111- ' 4'1- 67 4i:t I 147,141, -.ttt- glit .46-: 4,7110 1 hi i lilli L .::,.'... • z O 5 PROPOSED SITE PLAN (Condition 1) LARAE TUCKER Agenda Item 2 Page 8 _ — — — —— — —_—.00roozv Loos — — 8i v r fl,, $ ,:_, !,,,,1 ; ,i ecli! :: Y6 nth. 11 a o •= . iii► �14446.., -_ - ml.-elm _ ,► 1111 0 to R . ,._. - i.�� >�t e � g 41(6311t:' rf�� MUNI O 0 'jj ZY �'�> R (4* ipo1(63 s,1 RI ti� p I �=?mCBI.. !-4 / . . '..'". 4 f 441kIV.' ! 4401‘00. t'' e 1 e • e o le ek , '...,?-.'. Ct DSC'. +�► A■ , ,�% a ' Q a'� ii rx owl t '4,401p ,w:� .i o U 01 ! — — asst— I '• t�i��'r yl �J :via . L ` .00h =t t� . .410 •ei... (Ili .7i .k..-.1' kw„,*,-,ktreftwie-.4..e.:1-4,- i 4044 ,...141.0"..446,..-‘44 : ` .. t'te r. • 1 riArd6r4121111r ......„ -' '...1.*41:..!.'' ,1 ip , ---..., .,t,7-1-0 .... .,,.v... _ . -.-.,.. . .... i , , .Ole tum m 414 w is art OVOfJ 1NO/Y3 S. PROPOSED SITE PLAN (Condition 1) a ;1, B "-•, LARAE TUCKER ., Agenda Item 2 Page 9 Z609.xt IWIKI/IOS S i t>terw7 31MM M1f10S ttft IP f{ Na1Dn2sNop tv�LLa3A 62: Iti ll w 1• rot!•n H7IiiiVM.NMt 1 m �Y 1 �! it ( � t t oa uarosoa s VX � !K .1 "t' 32!01S N3A313-1 (ii . t a "� .. i U - 111 Z i , ..... , al., 1 Oil p I ,i: ii1 111 I J. ION E- , 5 it! at; Of I IN N s' { 111 pi M i 111 ic.i!O iii11 i -0 t I g ;it 1 ! 1 I u cci i .6 1 vi . - b N 4, O I is s ti n y f - Z w jC ' W W Qti t„ W W Si C- ' --.1, O i t •plilli Cf, r Fr PROPOSED BUILDING ELEVATIONS (Condition 2) LARAE TUCKER Agenda Item 2 Page 10 I m z W D d E se m O E - - a i £ i n E i 0 igtii;x` ■■ ■ k a 11 i W .. sr CC 61 4 n1 g1 s 'ia u > >S ll!rg iP !v 8S�> Elitp Tri � { h 4 I 1 'yl III a -1- mg_ 1 k . _ i 'i 0 i '_' ► T i > W 1 . . to 5 J W Q i i. .. W r Y ii Q v+ W o m o jjv S Q N 1 �` — r V O y, W Z N- ,,,1 0 '' a ^ C �' 4.0 o � z W O J N J .o Q 5 o m m YS 0 2 ma F- PROPOSED MONUMENT SIGN (Conditions 4 & 5) LARAE TUCKER Agenda Item 2 Page 11 CO w a y 0i QQ Q M Q W ~ � ; t Z>- FF Y�7 0. a iiii -� CL Y = o+ t m _ —m--I m _ E ■■. W Q • •• •••••• O v a PI Oo x 61 a` 3 n immainor 'vI EIs .101111...11101.1 1 !I.1- _....__ ie (i) c .... / W iii .d W i .t U , wasismiati. LI W W ti! ;ol L. C crr 1 ,_l l ♦,. N Q C n > vt • t i •D = Z W Y1 V (7 0 m .r C'/ F"' OD Q N Po"` J. .t VNI H Z W W W C K Q Z W t N > e. iii O> c ._+ wV) v u ! I, 0 PROPOSED CANOPY SIGN (Condition 3) LARAE TUCKER Agenda Item 2 Page 12 Id W _N 0 z Q I V re W o 2 r Q f W.- LL S S t 'i W an d O 0 C. Q p� - 4 o Q ik ' + z K,- O O z aO Q 8' O4 d C 0 W < n s' E �z Z d. 2 / !. e i ZS Q 0 Viiiirli titi % 4 G u 0: e 3 Fl= ..^N 7.H — WI S1 lk Ell '-' !p! U i ! iiI 1 -al a rill g I i°s#I a > lig' o5 w W z �t; a N0Qo Illi: n II w `1 — ' if ^ Ni. Z W .. ��j[i 0t ° � 1:V g 111 i ." 0 V o t J ....; ii. JIDO PROPOSED BUILDING SIGNS LARAE TUCKER Agenda Item 2 Page 13 W Ct k O J 0 OJ Yc Z Um [D L1 L.J.. LU Kfl.1111 °F V^^! a0 b W 0 ti Y Nr W —J LL! LU Q 'i'-'11111110= 0 S b vvv 2 d PROPOSED DUMPSTER ENCLOSURE LARAE TUCKER Agenda Item 2 Page 14 BEACH Map G-7 Larae Tucker Ma Not to Scale 14 - ? —1 r_____- + .IIII rim f :�,f 1 ,*.�r'�.HI IlihI u - �illlll nog ram � �, � mildicipArlyromin � ern 1 s 2 - �diiirIC = iinM1 ,Z - I � I �rte. �1 r� Inn3 , , �I111111111uPLAZA TRAILi / 1,S. nti Igi in/ - :2 71 II I -,7. = IIIIMInliip 11111111111111 v o I 1 � '6 iliA kill lig i I 1 . 1 , row 'Zoning with ConditionsiProffers,Open Space Promotion CUP for Automobile Service Station 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 04/09/2013 MOD (Automobile Sales & Service) Denied 07/14/2009 CUP (Automobile Repair) Approved 01/13/2009 MOD Approved 05/25/1999 CUP (Automobile Service Station) Approved 11/01/1965 CUP (Gasoline Sales) Approved 2 09/28/1993 CUP(Church) Approved 3 04/27/1987 CUP(Automobile Repair-minor) Approved ZONING HISTORY LARAE TUCKER Agenda Item 2 Page 15 om r aA 1 , , "' 11.1 DISCLOSURE STATEMENT FOR The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • SECTION 1 /APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must he 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 DAIE: NO CHANGES AS OF DA I L: t ' l,R J❑^ REVISIONS SUBMITTED DAIEI DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 2 Page 16 other unincorporated organization,AND THEN,complete the fodng, (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) • • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • See next page for information pertaining to footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ill 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) KRISH ENTERPRISES LLC Deepak Patel Nitaben Patel • (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 LARAE TUCKER Agenda Item 2 Page 17 II a.f Virginia Beach I "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of Ramesh Joshi 757-271-1696 your tax return 4 Architect/Landscape Architect/ K2M Architects Land Planner ❑ Contract Purchaser(if other than 7-Eleven,Inc. ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed N/A ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors TBD ® 0 Engineers/Surveyors Blakeway Corporation 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 LARAE TUCKER Agenda Item 2 Page 18 I II ef‘s 4 Virginia Beach Financing(include current j� f^p1' 111mortgage holders and lenders He rni i• +a9 a T?i a selected or being considered to k provide financing for acquisition or construction of the property) ❑ Legal Services D�tl0l1 LA v./ 6rsc p Real Estate Brokers/Agents for �� I ncurrent and anticipated future 'The sport Cevt t:r GP()up sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public bod or committee in connection with this Application. Larae Tucker 4j/3o �S APPLICANTS SIGNATURE PRINT NAME PATE/ I.FE PAL, 114-f PROPERTY OWNER'S SIGNATURE PRINT NAME I JATE 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 LARAE TUCKER Agenda Item 2 Page 19 I II i I Item#2 Larae Tucker Conditional Use Permit 300 South Rosemont Road District 6 Beach July 8,2015 CONSENT An application of Larae Tucker for a Conditional Use Permit(Fuel Sales with Convenience Store)on property located at 300 South Rosemont Road, District 6, Beach. GPIN: 14876077750000. CONDITIONS ROSEMONT PRELIMINARY CUP PLAN,300 S. ROSEMONT RD,VIRGINIA BEACH,VA", dated 04/30/2015 and revised on 05/22/2015,and prepared by Blakeway Corp.Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 1. The buildings shall be developed in substantial conformance with the submitted elevation drawing entitled "7-ELEVEN STORE 300 S ROSEMONT RD,VIRGINIA BEACH,VA 23452", dated 09/10/2014 and prepared by K2M Design. Said elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit,specifically Condition 4(c) below,the fuel canopy shall be constructed in substantial conformance with the elevation drawing entitled "3x3 CABINET/CANOPY STRIPES", dated 06/08/2015 and prepared by Cummings.The fuel canopy supports shall be wrapped in the exterior materials that match the building, as shown on the submitted elevation referenced in Condition 2,above.Said elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. Signage for the site shall be limited to: a. Directional Signs b. One (1) monument-style freestanding sign, no more than eight(8)feet in height,set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on canopy shall be limited to ten (10)feet on each side of the canopy or one- quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs,or neon accents installed on any wall area of the building, on the windows and/or doors,canopy, light poles or any other portion of the site. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the elevation entitled "M16&L16 MONUMENT", dated 04/02/2015 and prepared by Item#2 Larae Tucker Page 2 Cummings.Said elevation has been exhibited to City Council and is on file in the City of Virginia Beach Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards,the plant materials shall be installed in substantial conformance with the Plan referenced in Condition 1 above. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245(e)of the City Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be allowed. 8. Bicycle racks shall be provided as depicted on the Plan identified in Condition#1 above. 9. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole-mounted and building-mounted lighting fixtures and the listing lamp type,wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area.All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America.The Plan includes provisions for implementing low-level security lighting for non-business hours. 10. Any vacuum or air pump machines shall be screened with evergreen plan material,size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 11. Pedestrian walkway(s)to the convenience store shall be provided as depicted on the Plan identified in Condition#1 above and from any required sidewalks in the public rights-of-way in accordance with Section 246(d)of the Zoning Ordinance and shall be depicted on the final Site Plan. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 2. 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 I II i i Item#2 Larae Tucker Page 3 WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 2 by consent. Steven Romine appeared before the Commission on behalf of the applicant. • 4 00,200000,0000011.011.1.7( r } J L__ iL itr`_.-J w cid ,,11-. . 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Y, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PF HILLTOP [Applicant] & REGENCY HILLTOP ASSOCIATES, LLP [Owner], Conditional Use Permit (Indoor Recreational Facility). 1944 Laskin Road (GPIN 2407387103). COUNCIL DISTRICT— BEACH MEETING DATE: August 18, 2015 ■ Background: The applicant is proposing to operate a gym and fitness center from a unit located in the Regency Hilltop Shopping Center. The site is zoned B-2 Business District, which requires a Conditional Use Permit for recreational facilities other than those of an outdoor nature, with a floor area greater than 7,500 square feet. • Considerations: The gym will occupy 21,000 square feet of Unit 20 which is located at the rear of the site. Over 340 parking spaces are located in close proximity to this building. With the exception of signage, no physical changes are proposed for the site or the exterior of 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 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. • 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 4 y City Manage . 1 k i". 18 all I II I 1 BEACH 8 Ma,a PF Hilltop, L.L.C. . . . ei,n, ,f >75' L July 8, 2015 Public Hearing %h Imo' U•_'1 Al 1 l APPLICANT: ,J ; ;v 2 PF HILLTOP An 2` `� R10 >75dBLl B2 PROPERTY OWNER: I.-P-tn- 1. b •..1..- s.,\-A--------!- !"OZ • ; , * fr,•4/ REGENCY i Al2 0 '. ir' -4HILLTOP •z.M.y.a'cwnuo..►refleee.Open space PIO*. CUP Indoor Commercial Recreation FacUify ASSOCIATES, L L C STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit(Indoor Recreational Facility) ADDRESS/DESCRIPTION: 1944 Laskin Road (GPIN) GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24073871030000 BEACH 21,000 square feet Greater than 75 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Request The applicant is proposing to occupy an existing vacant unit located in the Regency Hilltop Shopping Center with a gym. The subject site is zoned B-2 Business District, is located in the Accident Potential Zone 2 (APZ2), and experiences on average more than 75 decibels of noise daily. In the B-2 Business District, recreational facilities other than those of an outdoor nature, with a floor area greater than 7,500 square feet require a Conditional Use Permit(CUP)for Indoor Recreation. An Indoor Recreational Facility is a use that is allowed in the subject noise zone and Accident Potential Zone 2. The Regency Hilltop Shopping Center fronts on the north side of Laskin Road and the west side of Regency Road. The shopping center consists of three separate buildings that provide 236,549 square feet of commercial uses. The gym will occupy 21,000 square feet of Unit 20 which is located towards the rear of the site. Over 340 parking spaces are located relatively adjacent to this building. With the exception of signage, no physical changes are proposed for the site or the exterior of the building. 4 0 PF HILLTOP Agenda Item 8 Page 1 I II LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant Furniture Store/B-2 Business District SURROUNDING LAND North: • Multi-family/A-18 Apartment District USE AND ZONING: South: • Offices/B-2 Business District East: • Fuel Station/ B-2 Business District West: • Seafood Restaurant/ B-2 Business District COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area (SGA) as identified by the 2009 Comprehensive Plan and the Hilltop SGA Master Plan, adopted August 28, 2012. This site is located in one of the six"Development Case Studies"for which the SGA Plan takes a closer look and makes specific recommendations. The "Regency Hilltop Shopping Center" area is called out as having high potential for mixed-use and walkable redevelopment. The plan calls for nonresidential mixed use with building heights up to five stories (pp. 39-40). This area represents a key opportunity to create a "regional destination for retail shopping, high-quality office space, and beautiful passive park space" (p. 48). The implementation plan recommends creating a new street grid and central space from the existing layout of parking and drive aisles (p. 48). Since there is no new development or redevelopment proposed with this application, opportunities are limited to retrofit the site to meet the provisions of the development guidelines for urban areas. Should this change, standard site improvements would suffice for this location until a larger redevelopment plan is in place for the area. 4 • EVALUATION AND RECOMMENDATION Staff finds that the proposed use of a 21,000 square foot gym is consistent with the Comprehensive Plan's recommendations. There is adequate parking for the use. The proposed use is compatible with the other commercial uses located in the Regency Hilltop Shopping Center, and should not have a negative effect on any of the adjacent properties. Staff recommends approval of this request. 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. PF HIL ,OP Agenda It;.. .. 8 P6 2 in 0; S I /,-Q r1-i f* E� F I1 _� . 10 ZO 01 ` .. _. �+ ■ t A O. . , s A i $. / ,is Jl T ,,,F c›EN _ C� e 1 - Z t. .1::4 i i i ' i e i .wr z AERIAL OF SITE LOCATION PF HILLTOP Agenda Item 8 Page 3 7* ..1. ''.; •F' ,, * . .. . . . . ',If/ • 4/1.4..", 11,41- .s - --, ' ' <-(1-' .,i'' .: :I" ' ..- ' i ' , " N ,,, , -:.' . 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AERIAL OF SITE r"'‘,11.A.•BE,,IA 701, PF HILLTOP 1- • Agenda Item 8 i Page 4 1 X NiiVil 4- a A 44 3 tt I� 0., . ;0— _ _ A� i1 `., t1 _., .. .._it/''' Al 4r. I W offilulir -- I ,/v TO I& u = 111 Ill iiiiiiiiiiiiii iiia -- A. 3 x ..=. p E. r>nr,nuuuuun,uuunue c — w• 6 \ "Illf—E--!-= l! "'. WIi -.,si .1 = O IflI a \ ‘ = .._ u x - __ _ ,..,1:t Q \ •°•• � i a 4V; t w ; ,a =1" a SUBJECT ...a . LU • a-4 a UNIT €l ail t5Mii111111 a = COQ ``\ \\y� akil. aa.ssiaaatYE ." 1=ssa:asaaa ; ax:cx \ IIIIIIIIIIIIIII t C4 ii ss II R 1 \ I 1 vi MINIUM s 1111 SITE PLAN ..,r6;:c�tA BFAc�„� PF HILLTOP ," Agenda Item 8 Page 5 1 BEACH Map Jt �a�6 PF Hilltop, L.L.C. Ma Not Scale 1 18 � . A�1s 7 Al ` s,a_si. 4111 ' irmi • r _ t 11;7 tit 101 -ommo.. min Cr." , ' .16,0: ' ;r tri Rut .. 114i11:4,1* R1Q � >75 dB L B1� ��` . \ \ \\\----____,._._ ---- la *IIA •:. 13-2,, .,, 44S+ 44 4 ir I '1P. X12 - 10 °` w c:;:. •Zoning with Conditions/Proffers,Open Space Promotion CUP Indoor Commercial Recreation Facility 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 (Auto-Service Station) Approved 2 05/09/2000 CUP (Motor-Vehicle Sales) Approved ZONING HISTORY PF HILLTOP Agenda Item 8 Page 6 I 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 i Disposition of City Modification of by City i Property Conditions or Proffers Alternative 1 Economic Development Compliance,Special investment Program Nonconforming Use ChangesException for EDIP Board of Zoning Encroachment Request { Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure 1Nistoric 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 CCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. NCheck here If the APPLICANT 15 a corporation, partnership, firm, business, or Page , of 4 ,prt a ,,•' 'uslt[,tf; ,.L 1,31N, (lam a �a i (1N ,I VI 1,1 TpJ RtV-S IYS'.t,e.' ltl? ,. DISCLOSURE STATEMENT PF HILLTOP Agenda Item 8 Page 7 other unincorporated organization, AND_THEN,complete the follaWi tq (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners,etc. below: (Attach list if necessary) PF Hilltop,LLC Ken W.Ryder,Managing Member; Sharree Ryder,Managing Member (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only.if property owner Is different from Applicant. ECheck 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) Regency Hilltop Associates,LLP:JM-RH, LLC,Mg. Partner:Joseph Mersel. Mgr: FWM-RH, LLC, Mg Partner:Cheryl P. McLeskey,Mgr:MDG-RH. LLC,Mg. Partner: Michael D. Gurley.Mgr:MSR-RH,LLC,Mg. Partner:Murray S. Rosenbach. Mgr:RMJ-RH,LLC. Richard M. Jacobson, Mg Partner (8) 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 V,roinia law DISCLOSURE STATEMENT PF HILLTOP Agenda Item 8 Page 8 -.- ffi , '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 23101 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship- that exists when 0)one business entity has a controlling ownership interest in the other business entity, Iii)a controlling owner in one entity is also a controlling owner in the other entity or on) there is shared management or control between the business entitles 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 entitlesSee State and local Government Conflict of Interests Act Va Cone S 273101 0 C 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 i SERVICE [PROVIDER wse additional sheets if needed) Accounting and/or preparer of • your tax return Ni , Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Ethe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Flmil purchaser of the subject property W (identify purchaser(s)and purchaser's service providers) I/KJ Construction Contractors n ! 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 DISCLOSURE STATEMENT PF HILLTOP Agenda Item 8 Page 9 NAB Virginia Beach Financing(include current O d Point National Bark of Phoebus i 1 I r mortgage holders and lenders i! 1 selected or being considered to provide financing for acquisition or construction of the property) Ef Legal Services Sykes,Bourdon,Ahern&Levy PC 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 r Does an official or employee of the City of Virginia Beach have Qan interest in the subject land or any proposed development AL 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, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission. Council, VBDA meeting, or meeting of any public hody of committee in connection with this Application. Ken W. Ryder. Mg Member APPt.(ANT S',CUATURE-_._. PRtNI NAME `; DATE 114e4",,W— ,/%l a,F•e c l • �'#v/e im,,,,,,+y(r Ir"APERT+OWNER S SN4TURE PRINT NAVE ; DATE The disclosures cortaineo in nu;form are necessa,y to inform pub.c Paye 4 of 4 off,ctals who may vote on the appiicat on as to whether tnry have a conflict of sntcrest under Virginia law DISCLOSURE STATEMENT PF HILLTOP Agenda Item 8 Page 10 AB t triinia Beach Financing(include current 01 mortgage holders and lenders �r►� I selected or being considered to provide financing for acquisition or construction of the property) r I Legal Services Sykes,Bourdon.Ahern&Levy PC DReal Estate Brokers/Agents for �4 current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Dan 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 eks prior to the Planning Commission, Council, VBDA meeting, or meeti g of,a public body or committee in connection with this A..lication. �,, Kan W.Ryder,Mg.Member fl F �� APDL T'S S t PRINT NAME DATE Cheryl P.McLeckey PROPERTY OWNER'S SicPATURE .... PRINT NAME ....... .... [DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law DISCLOSURE STATEMENT PF HILLTOP Agenda Item 8 Page 11 Item#8 PF Hilltop Conditional Use Permit 1944 Laskin Road District 5 Lynnhaven July 8, 2015 CONSENT An application of PF Hilltop for a Conditional Use Permit (Indoor Recreational Facility)on property located at 1944 Laskin Road, District 5, Lynnhaven. GPIN:24073871030000. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 8. 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 8 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. o a .0— 0 0 •n+ Z - Q) E E CCI g 0 c9 U) 0E >+ C AC, N L. O Aja Ns"c AVE -a) , o-----"A . CO0 Avenue I • p tantTc 2IS w G N U 9' Q N "\ M N yco U 0 e- _ r N N Z f. 4 apAt 0000000000010044,, a' �' Avenue pa�ific FT\ ------------\ I [ --., i7 4 r•, `'..':,:.,:,:,' /`/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARK & KENNY SAMTANI [Applicants] & MAHAKAAL 1600 LLC [Owner], Special Exception for Alternative Compliance to the Oceanfront Resort Form-Based Code. 1602 Atlantic Avenue (GPIN 2427168884). COUNCIL DISTRICT— BEACH MEETING DATE: August 18, 2015 • Background: The site is located in the Oceanfront Resort (OR) District; development in this District follows the Oceanfront Resort District Form-Based Code (FBC). The site is located at the corner of a Shopping 2 Street Frontage and a Beach Street Frontage. Following the FBC, this frontage allows the site to be developed with a Mixed-Use Building Type, Apartment Building Type, Row House Building Type, or a Civic Building Type. • Considerations: The applicant is requesting Alternative Compliance to the FBC to build a single- story building which may be classified as a Commercial Building Type. Because the Commercial Building Type is not allowed by-right on a Shopping 2 or Beach Street Frontage, the proposed site development requires City Council approval for a Special Exception for Alternative Compliance. An explanation, including a table that compares the FBC prescribed criteria for a Commercial Building Type and Mixed-Use Building Type with the proposed development, is 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. The facades shall be substantially as shown on the submitted elevations titled, "1600 Atlantic Avenue, Proposed Exterior Elevations," as prepared by Sal Lemole, and dated May 18, 2015. 2. The space shown to the west of the building may be counted as Outdoor Amenity Space. The applicant shall work with Staff prior to MARK & KENNY SAMTANI — 1600 ATLANTIC AVENUE Page 2 of 2 site plan approval to provide amenity quality improvements in this area. Said improvements shall include, at a minimum, pedestrian level lighting to be installed no higher than 14 feet, bicycle racks, and wrought-iron-style aluminum fencing. Street trees proposed in the planting zone of 16th Street and as approved by City of Virginia Beach Landscape Management may count towards meeting the minimum 5% Outdoor Amenity Space. 3. With the exception of the improvements included in the conditions above, the site shall be substantially as shown on the submitted conceptual site exhibit titled, "Conceptual Layout Plan for 1600 Atlantic Avenue," as prepared by MSA, P.0 and dated 5/26/2015. • Attachments: Staff Report and Disclosure Statements Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen !' '' City Manager: EEACN DISTRICT-tsu��wM,. Mark and Kenny Samtani 9 . "QST August 12, 2015 Public Hearing •5-10 db DNLAICUZ 'S --� APPLICANT: MARK & KENNY SAMTANI N 16s� PROPERTY OWNER: MAHAKAAL 2904, Special Exception for Alternative Compliance to L L V the OR Form Based Code STAFF PLANNER: Kristine Gay REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code ADDRESS/DESCRIPTION: 1602 Atlantic Avenue GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2427-16-8884-0000 BEACH .24 acres 65-70 db DNL (10,454.4 SF) 4 PROPOSAL The site is located in the Oceanfront Resort(OR) District; development in this District follows the Oceanfront Resort District Form-Based Code(FBC). The site is located at the corner of a Shopping 2 Street Frontage and a Beach Street Frontage. Following the FBC, this frontage allows the site to be developed with a Mixed-Use Building Type, Apartment Building Type, Row House Building Type, or a Civic Building Type. (FBC Section 2.2.2)The applicant is requesting Alternative Compliance to the FBC to build a single-story building which may be classified as a Commercial Building Type. Because the Commercial Building Type is not allowed by-right on a Shopping 2 or Beach Street Frontage, the proposed site development requires City Council approval for a Special Exception for Alternative Compliance. An explanation, including a table that compares the FBC prescribed criteria for a Commercial Building Type and Mixed-Use Building Type with the proposed development, is provided under the Evaluation section of this report. The site is currently developed with a two-story building which most closely follows the criteria for a Mixed-Use Building Type as prescribed by the Oceanfront Resort District Form-Based Code(FBC) by having at least two stories and containing one or more commercial uses on the ground floor and a commercial use in the upper story. The applicant is proposing to demolish the existing structure and develop the site with a 9,500 square foot one story Commercial Building. As summarized below, and as MARK AND KENNY SAMTANI Agenda Item 9 Page 1 shown in the submitted drawings, the exterior of the proposed building has been designed with the intent of being perceived as a Mixed-Use Building Type. However, by not truly providing two stories of use or providing Outdoor Amenity Space, the proposal misses the two elements which primarily differentiate the Mixed-Use Building from the Commercial Building. The proposed building will meet the prescribed minimum height for a Mixed-Use Building by being 25 feet tall for the majority of the site and 34 feet tall for+/-40% of the Atlantic Avenue and 16th Street elevations. The proposed materials include a standing seam metal roof, standing seam metal awnings, EIFS facades, and stacked stone. Large shopfront windows are used on the ground floor and smaller windows with awnings are aligned above. A belt-course of exteriorly lit signage is proposed above the awnings at 12.5 feet above the finished floor. Exterior gooseneck style lights are located between the smaller windows. The roof line above the windows is flat and accented with a simple cornice.Where the building is 34 feet tall, at 15 feet above the finished floor a standing seam metal roof projects inward 6 feet.While not shown on the proposed site plan, the proposed elevations show 18 inch diameter columns located on the lot line with the façade of the building setback 3 feet. The awnings, signage location, architectural relief produced by the columns, and overall use of appropriate ratios and alignment result in a façade that greatly resembles that of a two-story Mixed-Use Building Type. The submitted site plan shows a 92' x 99' building footprint that is separated into 4 units which will be accessible from Atlantic Avenue. Along the southern lot line, the proposed building will be setback 2 feet. Here there will be a 2-foot deep raised planter for 34 feet along the base of the southern façade. The awnings and foundation landscaping planters are proposed to encroach into the"sidewalk zone" of the public right-of-way of Atlantic Avenue. In the"planting zone" of the right-of-way of 16th Street, 2 street trees are proposed. The tree shown at the corner will not be feasible as it will interrupt the vision of drivers and route for pedestrians. The applicant is proposing to use the fenced off 8' x100' area which is used for receiving retail deliveries as Outdoor Amenity Space. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial SURROUNDING LAND North: Surface parking, commercial/OR Oceanfront Resort District USE AND ZONING: South: 16th Street, commercial/OR Oceanfront Resort District East: Hotel /OR Oceanfront Resort District West: Residential and retail/OR Oceanfront Resort • • EVALUATION AND RECOMMENDATION Section 7.3.3 of the FBC provides the"Review Standards"for Alternative Compliance applications. Any development seeking City Council approval for a Special Exception for Alternative Compliance must advance the objectives of the Resort Area Strategic Action Plan (RASAP)and Oceanfront Resort District MARK AND KENNY SAMTANI Agenda Item 9 Page 2 Form-Based Code; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. The table below shows in greater detail how the proposal compares to the Mixed-Use and Commercial Building Types. Mixed-Use Building Type Building Commercial Proposed Most Closely Prescribed Building Development Followed by Criteria Prescribed Criteria Proposal Minimum Atlantic Avenue 0' 0' 0' - Setback Minimum 16th Street Setback 5' 5' 2' - Northern Setback 5'or 0' 5' or 0' 1' - Atlantic Avenue Build-To-Zone 0,-10' 0,-10' 970/0 Mixed-Use (Depth,Percentage of Lot Width) 90% n/a 16th Street Build-To-Zone 0'-10' 0'-10' 92% Mixed-Use (Depth,Percentage of Lot Width) 60% n/a Outdoor Amenity Space 5% 0% 0% Commercial Height Maximum 110' 35' 34' Commercial Height Minimum 25' 16' 25' Mixed-Use Ground Story Minimum Height 14' 16' 25' Commercial Upper Story Minimum Height 10' n/a n/a Commercial While the multiple stories and variety of uses included in the definition of the Mixed-Use Building Type would contribute to the RASAP goals of achieving a year-round resort, increasing the amount of residential units, growing non-vehicular modes of transportation, and reducing the need for surface parking, Staff understands the need to be sensitive to current market conditions as well as the impact on construction costs for smaller sites to be developed with multiple-stories. The proposed building elevations incorporate many of the recommendations of the Oceanfront Resort District Design Guidelines and will be largely perceived as a two-story Mixed-Use Building by pedestrians using 16th Street and Atlantic Avenue. The quality design of the exterior building elevations will contribute to creating a great district with a distinct identity, as recommended by the RASAP. The site plan calls out an 8' x 100' area to the rear of the proposed building as Outdoor Amenity Space (OAS). Because this space will be used primarily for service and deliveries to the commercial units and lacks any type of quality amenity, Staff does not recognize this area as OAS. The Mixed-Use Building Type requires 5% OAS, the Commercial Building Type requires 0% OAS. To be more consistent with the Mixed-Use Building criteria, the minimum 5% OAS should be located between the proposed building and the rights-of-way of Atlantic Avenue and 16th Street. The applicant is additionally proposing to encroach into the sidewalk zone of Atlantic Avenue to meet the foundation landscaping requirements of the Site Plan Ordinance. This proposed encroachment will interrupt the flow of pedestrians on Atlantic Avenue and thus does not meet the Alternative Compliance Review Standards. To meet the Review Standards, Staff recommends that the site plan correspond to the building elevations by setting the building façade back 3 feet from the columns which are proposed to be located on the front lot line of Atlantic Avenue. Setting the building façade back from the columns 3 feet will provide 300 square feet of OAS along Atlantic Avenue that would better accommodate the pedestrians. The proposed 2-foot setback along 16th Street provides 184 square feet of OAS. This total of MARK AND KENNY SAMTANI Agenda Item 9 Page 3 484 square feet of on-site OAS, as well as the street tree proposed off-site in the planting zone of 16th Street, is a more acceptable alternative to the OAS requirements and meets the Review Standards by promoting walking, being physically integrated with the built environment, and adhering to the intent of the Shopping 2 Street Frontage by more closely following the criteria of the Mixed-Use Building Type. An exhibit is included near the end of this report which shows the columns and the eastern façade setback 3 feet. Staff believes the proposed development of the site as shown on the elevations and as recommended above to meet the Alternative Compliance Review Standards of the Oceanfront Resort District Form- Based Code. Accordingly, we recommend that the request for a Special Exception for Alternative Compliance be approved with the conditions below: 4 • CONDITIONS 1. The facades shall be substantially as shown on the submitted elevations titled, "1600 Atlantic Avenue, Proposed Exterior Elevations," as prepared by Sal Lemole, and dated May 18, 2015. 2. The setback of the facades and columns facing Atlantic Avenue and 16th Street shall be substantially as shown on the preliminary site exhibit incorporated into this report by Staff and titled, "1600 Atlantic Avenue, Proposed Floor Plan" as prepared by Lemole Architects, and dated May 18, 2015. 3. No foundation landscaping shall encroach into the right-of-way of Atlantic Avenue. Foundation landscaping shall be reviewed for approval by the City Landscape Architect of the Development Services Center. 4. As proposed, the space shown to the west of the building shall not be counted as Outdoor Amenity Space. Outdoor Amenity Space shall be provided between the proposed building and the right-of-way of Atlantic Avenue and 16th Street. Street trees proposed in the planting zone of 16th Street and as approved by City of Virginia Beach Landscape Management may count towards meeting the minimum 5% Outdoor Amenity Space. 5. With the exception of the improvements included in the conditions above, the site shall be substantially as shown on the submitted conceptual site exhibit titled, "Conceptual Layout Plan for 1600 Atlantic Avenue," as prepared by MSA, P.0 and dated 5/26/2015. MARK AND KENNY SAMTANI Agenda Item 9 Page 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. MARK AND KENNY SAMTANI Agenda Item 9 Page 5 7731 ti.,...,:: . - 1- " tA •- l t. ii __,.___.--\-, 0 ti ti' 4 \ il tt 414. ,;t\ ;--- " or0 i f t I 1114 AERIAL OF SITE LOCATION MARK AND KENNY SAMTANI Agenda Item 9 Page 6 i r ,o ' . 1 alk' TIIII 110 i w i[Lpj View of the site from the east, via Atlantic Avenue IIIII -y` r_ ,. lik - . -,,, . . ? i I - _, ,,N__ ____ 3 3 iis,---,, r --- , ___ _ .... a1 r 11 r .. iddia. View of the site from the south, via 16th Street .. m 4 1 View of the site from the north, via Atlantic Avenue MARK AND KENNY SAMTANI Agenda Item 9 Page 7 1O Well re ? f( 4. I` �yi I II ---_J ----•- 7--- - - - --T--__-y_�.-_-.__ ��..��1. I I I j g I I I q 11, I I I ; I I W. • i i ' 1.10413.. 4 b l i i I o- I t E 41 II -- ��.. 0 --0 I t-,,1 1 I I I _� 0- 211#.4. ,1#_d I f-e r.. . a i :111 WOO ATLANTIC ANIMA - —2::11 r I E' w.1#.x : ..a.� Preliminary Exhibit Prepared by Applicant and Incorporated by Staff The placement of the columns and the setback of the facades shall be substantially as shown on this exhibit MARK AND KENNY SAMTANI Agenda Item 9 Page 8 1 f Vi i �J >k'E I IN R u 22 „ E FFR1 4, Ill I _ t 66 -iV laildiiiil -- !! ii i mows. 1 f� 1 --- 1-1' - __...t..---""\-_y/ "_:_- h 1 >I `iill Vi t AVENUE 3 E; S 6 0 0 t. AN71C § pTl i 11 n iT, r l :ISI1. E ILI 1 \,,::,',3\ i ! 1 > , ,.,..;:,:..1),:`,'• hi \ _ •}4' W Q Z Q , fi i:x n \ \ ___------* .1!z',> --\.\ ,5_, .t _______________v__r- , : -''' . ), '''''''—..- %% IL—.1 ; .<01. in \t Tc \ O 8 w > I PROPOSED SITE PLAN I I MARK AND KENNY SAMTANI Agenda Item 9 Page 9 a I `iii J. �1 _ II11 IIII IIII 111111l IIII 1111 IIII IIII _ u11-1 J1J1L-, LJ jLJ1LJ i 71111111 111111 III 111111111111111 11111111111M 111111111111111 III II Milli !I ! !H_ fl! n AM AVLFN.,L ,LLti:�rlC' ,* : ---'=__ 1111 11111111 1111 1111 III _ , iiii -�- 1.1 1 _ ._€; I ,4'''1,.":4'. �"m Muslin 1111■1111 IIS:i';tY 111111111111 ------ """ `" a•t P/". I - nig __- . —lima WV — a.'.+....,4,..,- PROPOSED ELEVATIONS MARK AND KENNY SAMTANI Agenda Item 9 Page 10 .>At LL:A''ON NT F PROPOSED ELEVATIONS MARK AND KENNY SAMTANI Agenda Item 9 Page 11 i I II i I DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. .eals 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 i License Agreement Wetlands Board The disclosures contained in this form are necessary to Int-0m public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE CCheck here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. ZCheck here if the APPLICANT 1.5 a corporation, partnership, firm, business, or C11 v t. f � .,.,,,v_ Page 1 of 4 •or.,, --!1' . .ice,.�:}i..tt,:' J. .!r=�� • E3 If \ Irj ''!C T; _ ... ,. L_p << DISCLOSURE STATEMENT MARK AND KENNY SAMTANI Agenda Item 9 Page 12 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) Muhakaal 1600, LLC (B) ;1st the businesses that have a parent subsidiary l or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Muhakaal 2009, LLC See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if pro,perty owner is ►ifferenLfrom Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER!S 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) Muhakaal 1600, LLC (B) List the businesses that have a parent-subsidiary t or affiliated business entity z relationship with the Property Owner: (Attach list if necessary) M.kakaaF 2934,LLC 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 MARK AND KENNY SAMTANI Agenda Item 9 Page 13 1 'Parent subsidiary reiatirinship' means "a relaticroship that exists when nne carporauon directly or indirectly owns shares possessing more than 50 perce't of the votng power of another corporation' see State and Locai Government Conflict of Interests Act,A'a Code§2 2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when CO one business entity has a connoll ng ownersh p interest in the other busness entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity c,r 00 there is shared management or control between the business entities Factors that secuid be cnsidered 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 cr commingled funds or assets, the business entities share the use of the same offices or employers et- otherwise rotherwise share activities, resources or personnel on a regular basis. or there is otherwise a close working relationship between the entitles' Sex State and Local Government Conflict of Interests Act, Vs. -ode 4 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are arty of the following services being provioed in connection with the subject of the application or any business onerating 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 fuse addnronal sheets:f l_._.._....� needed) 0 ❑ i Accounting and/or preparer of your tax return ® (� Architect/Landscape Architect/ Sal Lemole Architects L Land Planner Contract Purchaser(If other than Cn the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Glenn Development, Inc CEngineers/Surveyors MSA.P.C. The disclosures contained in this form are necessary to inform. public Page 3 of 4 cffitlals who may vote on the application as to whether they have a conflict of Interest under Virginia law DISCLOSURE STATEMENT MARK AND KENNY SAMTANI Agenda Item 9 Page 14 Financing(include current L�I fl mortgage holders and lenders 1 selected or being considered to provide financing for acquisition or construction of the property) C n Legal Services _--- Q Real Estate Brokers/Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development (•� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provGded herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin f any p blit body or committee in connection with this Application. APPLICANT'S ' PRINT NAME DATE PROPERTY OWN -)IG A PRINT NAME J ATE'` The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote or, the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT MARK AND KENNY SAMTANI Agenda Item 9 Page 15 i „r,,",,,r 00 C� !!‘!.7..r O 0 / z r • ,r U co CO 0 m O , 0 ' ___________...-----;\— co a) Q) L. /C/� 28g9 a ,Y 28p5 C � AI�ApTiG AVS ,0 ate L rov-AK�tGAVE --\ ' \ u W ca '� tlantic CC A�en . 'S x ._ U r N\ .,... \ k Q N ti N t 1 \ -B M Avenue t , _ pacific — ;\ t r , i • , # �Qj Q fti • ? +y_ gt o . k �� , I • '' r U N .- fn \ ;f- z •, ...K a U Q ` " WC"C AVE M t �' `_YnRCT1G AVE „. ' ,\ :-.____.--- ' '', ,,,, 44 �J ltd, �. Vy°wI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARK & KENNY SAMTANI [Applicants] & MAHAKAAL 1600 LLC [Owner], Special Exception for Alternative Compliance to the Oceanfront Resort Form-Based Code. 2904 Atlantic Avenue (GPIN 2427168884). COUNCIL DISTRICT— BEACH MEETING DATE: August 18, 2015 • Background: The site is located in the Oceanfront Resort (OR) District; development in this District follows the Oceanfront Resort District Form-Based Code (FBC). The site is located at the corner of a Shopping 2 Street Frontage and a Beach Street Frontage. Following the FBC, this frontage allows the site to be developed with a Mixed-Use Building Type, Apartment Building Type, Row House Building Type, or a Civic Building Type. ■ Considerations: The applicant is requesting Alternative Compliance to the FBC to build a single- story building which may be classified as a Commercial Building Type. Because the Commercial Building Type is not allowed by-right on a Shopping 2 or Beach Street Frontage, the proposed site development requires City Council approval for a Special Exception for Alternative Compliance. An explanation, including a table that compares the FBC prescribed criteria for a Commercial Building Type and Mixed-Use Building Type with the proposed development, is 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. The facades shall be substantially as shown on the submitted elevations titled, "2904 Atlantic Avenue, Proposed Exterior Elevations," as prepared by Sal Lemole, and dated May 18, 2015. 2. The space shown to the west of the building may be counted as Outdoor Amenity Space. The applicant shall work with Staff prior to I I II i MARK & KENNY SAMTANI —2904 ATLANTIC AVENUE Page 2 of 2 site plan approval to provide amenity quality improvements in this area. Said improvements shall include, at a minimum, pedestrian level lighting to be installed no higher than 14 feet, and bicycle racks. 3. With the exception of the improvements included in the conditions above, the site shall be substantially as shown on the submitted conceptual site exhibit titled, "Conceptual Layout Plan for 2904 Atlantic Avenue," as prepared by MSA, P.0 and dated 5/26/2015. • Attachments: Staff Report and Disclosure Statements Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen _I City Manager: BEACH DISTRICT-aewAtlentivAvenue Mark and Kenny Samtani 0 August 12, 2015 Public Hearing _ea ST APPLICANT: MARK & KENNY SAMTANI 290 s1 PROPERTY OWNER: 65-70 db DM.AICUZ 1.1 MAHAKAAL 2904, L.L.C. Special Exception for Alternative Compliance to the OR Form-Based Code STAFF PLANNER: Kristine Gay REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code ADDRESS/DESCRIPTION: 2904 Atlantic Avenue GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2428-01-6690-0000 BEACH 0.14 acres (6,098.4 SF) 65-70 dB DNL 4 0 PROPOSAL The site is located in the Oceanfront Resort(OR) District; development in this District follows the Oceanfront Resort District Form-Based Code(FBC). The site fronts on a Shopping 2 Street Frontage. Following the FBC, this frontage allows the site to be developed with a Mixed-Use Building Type, Apartment Building Type, Row House Building Type, or a Civic Building Type. (FBC Section 2.2.2)The applicant is requesting Alternative Compliance to the FBC to build a single-story building which may be classified as a Commercial Building Type. Because the Commercial Building Type is not allowed by-right on a Shopping 2 Street Frontage, the proposed site development requires City Council approval for a Special Exception for Alternative Compliance. An explanation, including a table that compares the FBC prescribed criteria for a Commercial Building Type and Mixed-Use Building Type, with the proposed development, is provided under the Evaluation section of this report. The site is currently developed with a one-story building which most closely follows the criteria for a Commercial Building Type as prescribed by the Oceanfront Resort District Form-Based Code(FBC). The applicant is proposing to demolish the existing structure and develop the site with a 4,600 square foot one story Commercial Building. As summarized below, and as shown in the submitted drawings, the exterior of the proposed building has been designed with the intent of being perceived as a Mixed-Use Building MARK AND KENNY SAMTANI Agenda Item 10 Page 1 Type. However, by not truly providing two stories of use or providing quality Outdoor Amenity Space, the proposal misses the two elements which primarily differentiate the Mixed-Use Building from the Commercial Building. The proposed building will meet the prescribed minimum height for a Mixed-Use Building by being 27'4" in height. The proposed materials include standing seam metal awnings, EIFS facades, and stacked stone columns. On the Atlantic Avenue façade, large shopfront windows are used on the ground floor and smaller windows are aligned above. A belt-course of exteriorly lit signage is proposed above the awnings at 18 feet above the finished floor. Exterior gooseneck style lights are located between the smaller windows to give light to the signage. The roof line above the windows is flat and accented with a simple EIFS cornice. The awnings, signage location, architectural relief produced by the columns, and overall use of appropriate ratios and alignment result in an organized façade that greatly resembles that of a two- story Mixed-Use Building Type. The submitted site plan shows a 46' x 100' building footprint that is separated into 2 units which will be accessible from Atlantic Avenue. Along the northern lot line, the proposed building will be setback 2 feet. Here there will be evergreen shrubs for the length of the façade. To the east, awnings and foundation landscaping planters are proposed to encroach into the"sidewalk zone" of the public right-of-way of Atlantic Avenue. There are two service/employee entrances on the rear façade which open onto an 8-foot deep landing which is bordered by evergreen shrubs. The rear of the site is reserved to allow access to the dumpster on site by occupants and by vehicles. The applicant is referring to this area as Outdoor Amenity Space. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial SURROUNDING LAND North: 29th 1/2 Street, surface parking lot USE AND ZONING: /OR Oceanfront Resort District South: Structured parking, commercial/OR Oceanfront Resort District East: Hotel/OR Oceanfront Resort District West: Commercial, surface parking/OR Oceanfront Resort 4 • EVALUATION AND RECOMMENDATION Section 7.3.3 of the FBC provides the"Review Standards"for Alternative Compliance applications. Any development seeking City Council approval for a Special Exception for Alternative Compliance must advance the objectives of the Resort Area Strategic Action Plan (RASAP)and Oceanfront Resort District Form-Based Code; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. MARK AND KENNY SAMTANI Agenda Item 10 Page 2 The table below shows in greater detail how the proposal compares to the Mixed-Use and Commercial Building Types. Mixed-Use Building Type Building Commercial Proposed Most Closely Building Prescribed Prescribed Criteria Development Followed by Criteria Proposal Minimum Atlantic Avenue 0' 0' 0' - Setback Northern Setback 5' or 0' 5'or 0' 2' - Atlantic Avenue Build-To-Zone 0,-1 0' 0,-1 0' 97% Mixed-Use (Depth,Percentage of Lot Width) 90% n/a Outdoor Amenity Space (305 sf) 0% (200 sf) Commercial Height Maximum 110' 35' 27'4" Commercial Height Minimum 25' 16' 27'4" Mixed-Use Ground Story Minimum Height 14' 16' 25' Commercial Upper Story Minimum Height 10' n/a n/a Commercial While the multiple stories and variety of uses included in the definition of the Mixed-Use Building Type would contribute to the RASAP goals of achieving a year-round resort, increasing the amount of residential units, growing non-vehicular modes of transportation, and reducing the need for surface parking, Staff understands the need to be sensitive to current market conditions as well as the impact on construction costs for smaller sites to be developed with multiple-stories. The proposed building elevations incorporate many of the recommendations of the Oceanfront Resort District Design Guidelines and will be largely perceived as a two-story Mixed-Use Building by pedestrians using 16th Street and Atlantic Avenue. The quality design of the exterior building elevations will contribute to creating a great district with a distinct identity, as recommended by the RASAP. The site plan calls out the 20' x 50' area in the rear of the site as Outdoor Amenity Space (OAS). Section 8.1 of the FBC refers to courtyards, fountains, plazas, cafes, and gardens as examples of OAS. Because this space will be used primarily for trash service and deliveries to the commercial units and lacks any type of quality amenity as exemplified in the Oceanfront Resort District Design Guidelines, Staff does not recognize this area as OAS. The Mixed-Use Building Type requires 5% OAS. The minimum 5% OAS required by the Mixed-Use Building Type should be located between the proposed building and the right- of-way. The applicant is additionally proposing to encroach into the sidewalk zone of Atlantic Avenue to meet the foundation landscaping requirements of the Site Plan Ordinance. This proposed encroachment will interrupt the flow of pedestrians on Atlantic Avenue and thus does not meet the Alternative Compliance Review Standards. To meet the Review Standards, Staff recommends that the site plan correspond to the building elevations by setting the building façade back 3 feet from the columns which are shown to be located on the front lot line of Atlantic Avenue. Setting the building façade back from the columns 3 feet will provide up to 150 square feet of OAS along Atlantic Avenue that would better accommodate the pedestrians. The proposed landscaped 2-foot setback along 29th 1/2 Street provides 200 square feet of OAS. This total of 350 square feet of on-site OAS, would be more in-line with the Design Guidelines and meets the Review Standards by promoting walking, being physically integrated with the built environment, and adhering to the intent of the Shopping 2 Street Frontage by more closely following the criteria of the MARK AND KENNY SAMTANI Agenda Item 10 Page 3 II Mixed-Use Building Type. An exhibit is included near the end of this report which shows the columns and the eastern facade setback 3 feet. Staff believes the proposed development of the site as shown on the elevations and as recommended above meets the Alternative Compliance Review Standards of the Oceanfront Resort District Form-Based Code. Accordingly,we recommend that the request for a Special Exception for Alternative Compliance be approved subject to the conditions below: 4 0 CONDITIONS 1. The facades shall be substantially as shown on the submitted elevations titled, "2904 Atlantic Avenue, Proposed Exterior Elevations,"as prepared by Sal Lemole, and dated May 18, 2015. 2. No foundation landscaping shall encroach into the right-of-way of Atlantic Avenue. Foundation landscaping shall be reviewed for approval by the City Landscape Architect of the Development Services Center. 3. The space shown to the west of the proposed building shall not be counted as Outdoor Amenity Space. Outdoor Amenity Space shall be provided between the proposed building and the right-of- way of Atlantic Avenue and 16th Street. Street trees proposed in the planting zone of 16th Street and as approved by City of Virginia Beach Landscape Management may count towards meeting the minimum 5% Outdoor Amenity Space. 4. With the exception of the improvements included in the conditions above, the site shall be substantially as shown on the submitted conceptual site exhibit titled, "Conceptual Layout Plan for 2904 Atlantic Avenue, Staff Recommended Version" as prepared by MSA, P.0 and dated 5/26/2015. 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. rt MARK AND KENNY SAMTANI Agenda Iteni 10 Rage „_ of titgliffir a t/A;••••..........1_ ,IlliMIMIMII77A..........t"............ • . 1 iii[11,75"r4VA . * ' \ \ 0 - s AkiVarat opirpit‘ . 406 410-4‘'. Ili \ , _-- , _ _ a ce. R r+ , \..541 iiiiii .a lii\I 414 -..';'''.,:::::=”- 1 ^""""- , i k s • . . AERIAL OF SITE LOCATION MARK AND KENNY SAMTANI Agenda Item 10 Page 5 E 3 _... ......_ .:.fit _, ._. -... • ko s � View of the site from the east, via Atlantic Avenue - _ i de. ■ i itt r { r View of the site from the west, via 29th 1/2 Street MARK AND KENNY SAMTANI Agenda Item 10 Page 6 Sia lli; ; SR -:•r"i J I !S., 10 Y 2 i 4 C EE T 1041/ 11 4111 ti ii 1 .-� • .IIrilinJ ligfilifill Z _ ` ,` t (/ Q 1 aY *g moi.. r O > ' (----\_,,,,____4„---5-;_-_--__,____-_-___:_-_,\__\, __:____:_i____ ______:__,__-___--- LU Z )),\...--- ------ 1; zp 1 I4V 44 ATLANTIC O 9 f • Wl !: _-1_ 0 4 = UJ a > x ►cc 11 _�" L.L --. i::.:e.,;0:1:, \ \ L \ \ VA \ \ a \ SZ",,, \ \ , N I— 5N\ ':,-- 41 0\� � Z \VA.x.11. A- \ PRELIMINARY EXHIBIT PREPARED BY APPLICANT AND RECOMMENDED AS A CONDITION BY STAFF MARK AND KENNY SAMTANI Agenda Item 10 Page 7 , I I • — ,. ----•'" — -* 8 0 .01. 11# 1 r i illiiitlfl ' i! 1,11.1110,r; 41diiiiiiii . . - . , .,.. . \ • . :. . .__.. . 7 , ) _---- ... \ ----- ___-----'/ i 1- , i1 f ! 4 Anoric Y I ! 24 --J i 'i ' -----\ \ \ Li Lu , ,.,.. , \ Lb., > \ °4 \ < --' A Q1 c‹,, \t b 0 . \ , ----- -- Z4 V \ ,,s A' \ _------- , < ... \ \---- ,s1 4 1 . , Z.) W r, 0 \ \ . rm tt PROPOSED SITE PLAN MARK AND KENNY SAMTANI Agenda Item 10 Page 8 it .... I 1 zc 6 K 1 i I H 1 1u t. ., I - - 11 1 1 ® Z s < "Is 4 s It 1 T_ — if 1 4 i 11 ii 1 1 i t* 117 L I, 1 ! i El . 1 iii,,,,,, ,..:z di II i in111 . 0 ®_� iii 0 I l ________Li"Ai UI, J ® w -4 E i.i Z T ■ I PROPOSED ELEVATIONS i MARK AND KENNY SAMTANI Agenda Item 10 Page 9 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 tc, 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 CCheck 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 cr',R;771., • 'l r !,....• r. it..a,... _. n ,.. •.o a.,'._-_.„ Page 1 of 4 •I r.tlrII __.ii r. pt.(' J,s t_ '!F a I 1,..,, I • . '.rr6.>I . , .,.f iaT DISCLOSURE STATEMENT MARK AND KENNY SAMTANI Agenda Item 10 Page 10 II 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) Muhakaal 1600. LLC (B) list the businesses that have a parent subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Muhakaal 2009, LLC 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. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 2 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) Muhakaai 1600, LLC (B) ,ist the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owners (Attach list if necessary) M4nakaa1 2904 LLC The disclosures contained in this form are necessary to inform public Paye 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT MARK AND KENNY SAMTANI Agenda Item 10 Page 11 l 'Parent subsidiary relationship' means 'a relationship that rests when one corporation directly or Indirectly owns shares possessing more than SO percent of the vot ng power of another corporation' See State and Local Government Conflict of interests Act,Va Code§ 2 2-31 Cl. 2 'Affiliated business entity relationship" means 'a relationship other than parent-subsidiary relationship, that exists when (di one business entity has a controll rig ownersh p interest in the other business entity, (iii 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 entrtres 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 Of manage the two entities: there are common or cnn-rningled funds or assets, the baslness entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis. or there is otherwise a close working relationship between the entitles,' See State and total 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 ooeratina or tc 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 it needed) C ❑ Accounting and/or preparer of I your tax return ® (� Architect/Landscape Architect/ Sal Lemole Architects ii JJ Land Planner ('''� Contract Purchaser(if other than El 1 ! the Applicant)- identify purchaser and purchaser's service providers �� Any other pending or proposed t ~J D purchaser of the subject property t (identify purchaser(s)and purchaser's service providers) QConstruction Contractors Glenn Development, Inc CEngineers/Surveyors MSA,P.C. The cisclosures 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 MARK AND KENNY SAMTANI Agenda Item 10 Page 12 II Financing(include current J mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services ❑ 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 l a an interest in the subject land or any proposed development I4 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: t certify that all of the information contained in this Disclosure Statement Forrr 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 f any blit body or committee in connection with this Application.1 APPLICANT'S PRINT NAME DATE f�,y+twCp r l � Y? ' T f( /t//// PROPERTY OWN • IC A, PRINT NAME 1 AT• The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote or the application as to whether they have a conflict of Interest under Virginia law, DISCLOSURE STATEMENT MARK AND KENNY SAMTANI Agenda Item 10 Page 13 I II i 1 [ ,,,Citif:i4., DC7 4,, iji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Section 111 of the City Zoning Ordinance to Pertaining to the Definition of Family Day-Care Home. MEETING DATE: August 18, 2015 • Background: This amendment is necessitated by the adoption during the 2015 General Assembly of revisions to Virginia Code §15.2-2292 governing Family Day-Care Homes. • Considerations: Currently, the Zoning Ordinance defines a Family Day-Care Home as a private family home where the following occurs: . . . care, protection and guidance to a group of children separated from their parents or guardians during a part of the twenty-four-hour day. This term shall apply only to homes in which more than five (5) children are received except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven (7). As a result of the provisions of Senate Bill 1168, adopted by the General Assembly, the threshold with respect to the maximum number of children cared for in a home, prior to being classified as a Family Day-Care Home, has been reduced from five to four. 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 adoption of the ordinance. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map CITY OF VIRGINIA BEACH — FAMILY DAY-CARE HOMES Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmenr7 City Manager: S II I 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 FAMILY DAY-CARE HOME 5 6 Section Amended: § 111 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 111 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 111. Definitions. 19 20 . . . . 21 22 Family day-care home. Any private family home which, as a home occupation, 23 provides care, protection and guidance to a group of children separated from their 24 parents or guardians during a part of the twenty-four-hour day. This term shall apply 25 only to homes in which more than five (5) four (4) children are received except children 26 who are related by blood or marriage to persons who maintain the home or where the 27 total number of children received, including relatives, exceeds seven (7). 28 29 . . . . 30 31 COMMENT 32 33 This amendment is necessitated by the adoption of revisions to Virginia Code §15.2-2292 34 governing family day homes by Senate Bill 1168,2015 General Assembly. 35 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: ;1 r� �� j,� 1y2fiheii r Planninggiepartment City Attorney's Office CA13367 R-2 May 27, 2015 2 I I II i I Item#12 City of Virginia Beach An Ordinance to Amend Section 111 of the City Zoning Ordinance to Pertaining to the Definition of Family Day-Care Home. July 8,2015 CONSENT This amendment is necessitated by the adoption during the 2015 General Assembly of revisions to Virginia Code§15.2-2292 governing Family Day-Care Homes. Currently,the Zoning Ordinance defines a Family Day-Care Home as a private family home where the following occurs: . . . care, protection and guidance to a group of children separated from their parents or guardians during a part of the twenty-four-hour day.This term shall apply only to homes in which more than five (5) children are received except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives,exceeds seven (7). The proposed amendment reduces the number of children from five(5)to four(4). A motion was made by Commissioner Thornton and seconded by Commission Inman to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 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 12 by consent. Stephen White appeared before the Commission. L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY— SPSA THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ! II I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 08/04/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND 1/11/111/ CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y IVN-E F MINUTES APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y July 14,2015 G/H MAYOR'S PRESENTATIONS- RESOLUTIONS 1.SENATOR JEFFREY McWATERS Senator and Mrs. Mc Waters 2.CIRQUE du SOLEIL KOOZA Ron Kellum,Artistic Director,Kooza Costumed Characters, Sean Brickell,Brickell and Partners Public Relations 1/1 PUBLIC HEARINGS EXCESS PROPERTY a. 1081 Norfolk Avenue—M&K NO SPEAKERS Investments,LLC b. Princess Anne and Landstown Center NO SPEAKERS Way-VBDA J-1 Ordinances to AMEND the City Code: ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y CONSENT a. Section re designation of City highways for Golf Cart operation the Lago Mar/Chubb Lake b. Section to only change the name of the Bonney voting precinct from Holland Road Baptist Church to Discovery Churc 2. Resolution re ISSUANCE through the ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y Development Authority$85,000,000 in CONSENT Residential Care Facility Mortgage Bonds/Refunding Bonds for Westminister-Canterbury CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 08/04/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J M S U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 0 0 T R YS E S DS NND 3 Ordinance to DECLARE EXCESS ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y PROPERTY and AUTHORIZE CONSENT necessary documents to convey 1081 Norfolk Avenue to M&K Investments I,LLC 4 Ordinances to ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y ACCEPT/APPROPRIATE Grant CONSENT Funds: a. $93,750 from Criminal Justice re Juvenile Sex Offender Treatment Program b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for I/MS/Fire Resolution DIRECTING award of ADDED/ADOPTED 9-1 Y Y Y Y Y N A Y Y Y Y contract to Springstead,Inc.re recruiting to fill City Manager vacancy K-1 DISTRICT 7—PRINCESS ANNE of: APPROVED,AS 9-1 Y Y Y Y N Y A Y Y Y Y a. PAUL S.BROWN FAMILY,LLC PROFFERED for a COZ from R-20 to I-1 re an access roadway to a bulk storage yard b. BT HOLDINGS III, LLC for a APPROVED AS 9-1 YYYYNYA YY Y Y Conditional COZ from AG-1/AG-2 to CONDITIONED/ Conditional I-1 CUP re a Bulk Storage Subj.to 1 year at Harpers/Dam Neck Roads: review/no violations, Admin approval 2 WAVE CHURCH for Modification of APPROVED, 10-0 Y Y Y Y Y Y A Y Y Y Y CUP re Modular Classroom Units at: CONDITIONED,BY a. 2665 Seaboard Road CONSENT DISTRICT 7 -PRINCESS ANNE b. 1000 North Great Neck Road DISTRICT 5—LYNNHAVEN 3 GARY COLLIER /DORIS GENEVA, APPROVED, 10-0 Y Y Y Y Y Y A Y Y Y Y LLC CUP re Auto Repair at 416 Davis CONDITIONED,BY Street CONSENT DISTRICT 2—KEMPSVILLE 4. OUTDOOR RESORTS OF VIRGINIA APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y BEACH CONDOMINIUM REVISE ASSOCIATION,INC.CUP to comply CONDITION, with City's Floodplain Ordinance re a CONSENT Recreational Resort Community at 3665 South Sandpiper Road DISTRICT 7 -PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 08/04/2015 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 RE E ENS NMI 00 T R YS E S DS NND 5 EUROTECH SERVICE CENTER, APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y LLC/BANK OF HAMPTON ROADS CONDITIONED,BY CUP re Vehicle Repair at 207-209 CONSENT Pennsylvania Avenue DISTRICT 4-BAYSIDE 6 AMEND Section 901 of(CZO)to add ADOPTED BY 9-1 Y Y Y Y Y N A Y Y Y Y Group Homes as a Conditional Use in the CONSENT B-4 Mixed Use District. L. APPOINTMENTS RESCHEDULED B Y CONS ENS U S AGRICULTURAL ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD— CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMM ISSION 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/N/O ADJOURNMENT 6:43 PM PUBLIC COMMENT 6:45-6:50PM 2 SPEAKERS