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OCTOBER 6, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCILBF1C 0 MAYOR WILLIAM D.SESSOMS,JR.,At-Large 4SQ` L VICE MAYOR LOUIS R.JONES,Bayside-District 4 p4;` '. M.BENJAMIN DAVENPORT,At Large } ROBERT M DYER,Centerville-District I „ BARBARA M.HENLEY,Princess Anne-District 7 - SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 ' ` Q,+ JOHN E.UHRIN,Beach-District 6 OU;w.. e ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER--JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CITYA7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS 6 October 2015 E-MAIL:Clycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room - 5:00 PM A. FY 2015 Unaudited Financial Results Patti Phillips - Finance Director II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 I i VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ed Martin, Pastor Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES September 15, 2015 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Community Planning Month Jeff Hodgson—Planning Commission Barry Frankenfield - Interim Planning Director 2. RESOLUTION David Kunkel Day I. PUBLIC HEARINGS 1. Proposed Leases of City-owned Property at Atlantic Avenue a. 1101 11th Street LC t/a Café Connctor Park Cafe b. 211 25th Street—Jay& DIP Corporation/t/a Tropical Smoothie Street Cafe 2. Declaration/Conveyance of Excess City-owned Property a. 704 Hampshire Lane to the African American Cultural Center,Inc. 3. Proposed Subordination of Rights a. A portion of the Lake Gaston pipeline easement to Brunswick County and the Commonwealth of Virginia/Department of Transportation(VDOT) J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code re Encroachments: a. Article VI, Chaper 33 re public streets and places b. Chaper 10 Public Works Specifications and Standards re encroachments in rights-of-way 2. Ordinance to AMEND an existing Franchise Agreement and GRANT a New Franchise Agreement for an Open air Café in the Resort Area(11th Street Café) 3. Ordinances to AUTHORIZE: a. The Subordination of Rights for a portion of the Lake Gaston pipeline crossing Pine Top Drive to Brunswick County and the Commonwealth of Virginia,Department of Transportation (VDOT) b. The ACQUISITION of property at 324 North Birdneck Road re Estate of Marie Hickman re future roadway improvements at 19th Street (DISTRICT 6 - BEACH) 4. Resolution to AUTHORIZE a City Council Policy re Constitutional Officer Compensation 5. Resolution to DIRECT the City Auditor to CONDUCT an Audit of all Human Services programs re management of clients' personal funds 6. Ordinance to CARRY FORWARD and APPROPRIATE $1,309,400 from the FY 2014-15 to the FY 2015-16 Operating Budget re previously authorized obligations and encumbrances a. $695,077 Police Federal and State Seized Assest Fund b. $237,000 Sheriff's Federal and State Seized Assets Fund c. $198,000 Public Works Fuel Internal Service Fund d. $179,323 General Fund 7. Ordinances to APPROPRIATE Fund Balances: a. $1,106,510 of the Tourism Advertising Program Special Revenue Fund to the FY-2015- 16 Operating Budget of the Convention and Visitor Bureau for Advertising and Marketing b. $80,000 of the Police Federal/State Seized Assets Special Revenue Fund re Police protective gear K. PLANNING 1. FOREFRONT CHRISTIAN CHURCH for a Modification of Conditions of a Conditional Use Permit re a church (approved July 11, 1995) at 2520 Holland Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. RV MANAGEMENT SERVICES and NORTH LANDING BEACH RV RESORT and COTTAGES for a Modification of Conditions re a campground (approved November 8, 2005) at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. ALLSAFE STORAGE,LLC and OCEANA PARTNERS, LLC: a. Conditional Use Permit re a mini-warehouse b. Modification of Proffers of a Change of Zoning (approved May 9, 2006) at 1325, 1335 and 1345 Oceana Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. TRUSTEES OF EASTERN SHORE CHAPEL for a Conditional Use Permit re a cemetery expansion at 2020 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. RACHELLE M. KITZMILLER for a Conditional Use Permit re a home occupation (Personal Trainer) at 805 Saint George Court DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re a service station with a convenience store at 3001 Silina Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** I. CITY MANAGER'S BRIEFING - Conference Room - 5:00 PM A. FY 2015 Unaudited Financial Results Patti Phillips - Finance Director II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 11 V. 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 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ed Martin, Pastor Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES September 15, 2015 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Community Planning Month Jeff Hodgson—Planning Commission Barry Frankenfield - Interim Planning Director 2. RESOLUTION David Kunkel Day g' -7y ", 4 54 1 995 iq__ 04. OF OUR NN-00 40 me mu inn WOE REAS: Change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural-areas, and other places; WJPEREAS: Community planning and plans can help manage this change in a way that provides better choices for how people workand live; W EXEAS: Community planning provides an opportunity for all residents to 6e meaningfully involved in making choices that determine the future of their community; WJPEREAS: 'Tie full benefits of planning requires public officials and citizens who understand;support,and demand excellence in planning and plan implementation; WHEREAS': (he month of October is designated as National Community Planning Month throughout the"United States of America and its territories, '[EREAS: e American Thinning Association and its professional institute, the American Institute of Certified(Planners, endorse National Community(Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; 'EcR AS: 'The celebration of National Community(Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Virginia Beach;and, WilzEUAS: We recognize the many valuable contributions made by professional-community planners who work for the City of Virginia Beach and elsewhere in the .Ifampton Roads region and extend our gratitude for the continued commitment to public service by these professionals. Now, herefore, I, William 1).Sessoms,Jr., mayor of the City of Virginia Beach, Virginia, do hereby Proclaim: Octo6er 2015 Community cP(anning Montfi In Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach, Virginia, to be affixed this sixth day of October,Two qliousandEifteem • William CD.Sessoms,Jr �; _< Mayor PROCLAMATION Community Planning Month October 2015 WHEREAS, change is constant and affects all cities, towns, suburbs, counties,boroughs, townships,rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS,the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, The American Planning Association and its professional institute,the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS,the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Virginia Beach; and WHEREAS, we recognize the many valuable contributions made by professional community planners who work for the City of Virginia Beach and elsewhere in the Hampton Roads region and extend our gratitude for the continued commitment to public service by these professionals; NOW,THEREFORE, BE IT RESOLVED THAT, the Planning Commission recognizes the month of October 2015 as Community Planning Month in the City of Virginia Beach,Virginia in conjunction with the celebration of National Community Planning Month. Adopted this 6th Day of October, 2015. (SEAL) William D. Sessoms, Jr., Mayor o eye OuR RESOLUTION WHEREAS: DAVID KUNKEL has lived in Virginia Beach since 1978 and conducted the first Virginia Beach Symphony Orchestra in 1981. In 2007,the Virginia Beach Symphony's name was changed to Symphonicity—the Symphony Orchestra of Virginia Beach-to reflect its new identity as a resident of the Sandler Center for the Performing Arts, and as the "Symphony of the City". He has conducted Symphonicity in over three hundred concert venues and is now in his last season after thirty-five years--the entire history of the Orchestra.He is well known throughout the entire region; WHEREAS: David was educated in Philadelphia,Pennsylvania, area public schools where he studied piano, the French Horn, euphonium, violin and organ. He enlisted in the United States Navy and graduated in 1962 from the Navy School of Music. In 1967,he attended the Navy Band Master Course. Upon graduation, he served as the Navy Band Director in Washington, D. C. and Boston, Massachusetts. From 1975 through 1978, he was the Associate Conductor of the United States Navy Band in Washington, conducting performances at the White House, The Capitol, Washington National Cathedral and the Kennedy Center for the Performing Arts. David attained the rank of Chief Warrant Officer and became the Conducting Instructor at the Armed Forces School of Music at Little Creek until he retired in 1984;and, WHEREAS: David conducted the Virginia Beach Ballet,Norfolk Savoyards and contributed his talent, energy and expertise to many educational concerts for students. He was named to the Performing Arts Center Advisory Committee by the Virginia Beach City Council. He received the "ALLI Award For Individual Achievement In the Arts"from the Cultural Alliance of Greater Hampton Roads in 2002 and the "Award for Adventurous Programming"from the League of American Orchestras at their annual conference in Philadelphia in 2003. On July Fourth of this year, Virginia Beach Mayor Will Sessoms recognized David for his unique contribution to Virginia Beach Arts and excellent music for more than thirty-five years. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize DAVID KUNKEL for his dedication,performance excellence and love for the city he adopted,adored and served tirelessly--the best city in the world! BE IT FURTHER RESOLVED: That this Resolution be signed by each Council Member and made a part of the proceedings of the Virginia Beach City Council designating this Sixth day of October, Two Thousand Fifteen as: DAVID KUNKEL DAY Councilman Ben Davenport Councilman Robert M`Bob'Dyer Council Lady Barbara Henley Council Lady Shannon Wane Councilman John D.Moss CouncilLady Dr.Ameba N Ross- Hammond Councilman John E.Wiirin Council Lady Rosemary`Wilson Councihnan_ames L. Wood 'Vice Mayor Louis R;Jones Mayor'Witham D..Will'Sessoms,Jr. it I. PUBLIC HEARINGS 1. Proposed Leases of City-owned Property at Atlantic Avenue a. 1101 11th Street LC t/a Café Connctor Park Cafe b. 211 25th Street—Jay & DIP Corporation/t/a Tropical Smoothie Street Cafe 2. Declaration/Conveyance of Excess City-owned Property a. 704 Hampshire Lane to the African American Cultural Center, Inc. 3. Proposed Subordination of Rights a. A portion of the Lake Gaston pipeline easement to Brunswick County and the Commonwealth of Virginia/Department of Transportation (VDOT) JHt"aG t f. J 'ltiw J PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on October 6,2015 in the City Council Chamber regarding the proposed café franchise lease of city-owned property located at the following locations: 1. 1101 Atlantic Avenue, to 11l"Street,LC t/a 11l"Street Café Connector Park Café 2. 211 25,"Street,to Jay &DIP Corporation t/a Tropical Smoothie Atlantic Avenue Side Street Café The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building#1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise Should be directed to Mike Eas , SGWResort Management Offi ,by calling(757)385-4800. Ruth Hodges Fra e C City Clerk BEACON: October 4, 2015 4 PUBLIC NOTICE DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,October 6, 2015,at 6:00 PM,in the Council Chamber, City Hall-Bldg.1,Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and conveyed to the African American Cultural Center,Inc.: Approximately 4.8 acres located at 704 Hampshire Lane(GPINs:1468-42-1766 and 1468-32-9552)(the"Property"),currently a portion of Lake Edward Park Any questions concerning this matter should be directed to the Strategic Growth Area Office,4525 Main Street,Suite 710,Virginia Beach,VA 23462,(757)385-2900. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired, call TDD 711(TDD Telephone Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk BEACON:Sept.27,2015 24814382D f PUBLIC NOTICE SUBORDINATION OF RIGHTS The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,October 6, 2015,at 6:00 PM in the Council Chamber, City Hall, Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain Public Comment on the City's proposed subordination of rights in the following: Portion of the Lake Gaston Pipeline Easement Crossing Pine Top Drive in Brunswick County,Virginia to Brunswick County and the Virginia Department of Transportation. Any questions concerning this matter should be directed to the City of Virginia Beach, Dept. of Public Utilities, 2405 Courthouse Dr.,Bldg.2,Virginia Beach,VA 23456,(757) 385-4171. It you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired, call TDD 711(TDD Telephone Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk BEACON:Sept.27,2015 24814335D J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code re Encroachments: a. Article VI, Chaper 33 re public streets and places b. Chaper 10 Public Works Specifications and Standards re encroachments in rights-of-way 2. Ordinance to AMEND an existing Franchise Agreement and GRANT a New Franchise Agreement for an Open air Café in the Resort Area(11th Street Café) 3. Ordinances to AUTHORIZE: a. The Subordination of Rights for a portion of the Lake Gaston pipeline crossing Pine Top Drive to Brunswick County and the Commonwealth of Virginia,Department of Transportation (VDOT) b. The ACQUISITION of property at 324 North Birdneck Road re Estate of Marie Hickman re future roadway improvements at 19th Street (DISTRICT 6 - BEACH) 4. Resolution to AUTHORIZE a City Council Policy re Constitutional Officer Compensation 5. Resolution to DIRECT the City Auditor to CONDUCT an Audit of all Human Services programs re management of clients' personal funds 6. Ordinance to CARRY FORWARD and APPROPRIATE $1,309,400 from the FY 2014-15 to the FY 2015-16 Operating Budget re previously authorized obligations and encumbrances a. $695,077 Police Federal and State Seized Assest Fund b. $237,000 Sheriff's Federal and State Seized Assets Fund c. $198,000 Public Works Fuel Internal Service Fund d. $179,323 General Fund 7. Ordinances to APPROPRIATE Fund Balances: a. $1,106,510 of the Tourism Advertising Program Special Revenue Fund to the FY-2015- 16 Operating Budget of the Convention and Visitor Bureau for Advertising and Marketing b. $80,000 of the Police Federal/State Seized Assets Special Revenue Fund re Police protective gear %[ orAe-44, 0� �i a�, ti` rv� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance to Amend City Code Sections 33-113, 33-113.1, 33-114.3 and 33-114.5, Add New Sections 33-113.01 and 33-113.02, and Repeal Sections 33- 114, 33-114.1 and 33-114.2, Pertaining to Encroachments into Public Streets and Other Public Places 2) An Ordinance to Amend Chapter 10 of the Public Works Specifications and Standards Pertaining to Encroachments MEETING DATE: October 6, 2015. • Background: The City's encroachment ordinances, which are set forth in Article VI of Chapter 33 (Streets and Sidewalks), are in need of modernization, chiefly by reason of the advent of Strategic Growth Areas in which buildings are encouraged or required to be close to the public sidewalk, an effect of which has been to severely limit the opportunities for placement of desired amenities, such as decorative architectural features, street furniture, planters and outdoor amenity spaces, that may appropriately and safely be located within a public right-of-way. In addition,the current ordinance would benefit from restructuring so as to add new, and consolidate existing, provisions, expand and clarify the types of encroachments that may be approved administratively, and eliminate redundant or outdated sections. City staff formed a team of internal stakeholders to draft a holistic revision and update to reorganize and clarify these provisions and to conform the corresponding provisions of the Public Works Specifications and Standards to the new ordinance. • Considerations: The first ordinance referenced above reorganizes and consolidates the sections that apply to all types of encroachments, eliminates redundant or outdated sections, clarifies how to classify the various types of encroachments and the approval process that applies to them, and expands the enforcement options available to the City. The ordinance does not significantly alter the current policies or processes for encroachments except to specifically state, and thereby clarify, the types of encroachments that may be approved administratively in Strategic Growth Areas. The second ordinance conforms the corresponding provisions of the Public Works Specifications and Standards to the new ordinance. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt both ordinances. • Attachments: Ordinances Recommended Action: Approvalitra nn Submitting Department/Agency: Planning, Public Works PA�J City Manager: %as:' , K _738z.-11. II 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 33-113, 2 33-113.1, 33-114.3 and 33-114.5, ADD NEW SECTIONS 33- 3 113.01 AND 33-113.02, AND REPEAL SECTIONS 33-114, 33- 4 114.1 AND 33-114.2, PERTAINING TO ENCROACHMENTS 5 INTO PUBLIC STREETS AND OTHER PUBLIC PLACES 6 Sections Amended: City Code Sections 33-113, 33-113.1, 33- 7 114.3 and 33-114.5 8 Section Added: City Code Sections 33-113.01, 33-113.02 9 Sections Repealed: City Code Sections 33-114, 33-114.1 and 10 33-114.2 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Sections 33-113, 33-113.1, 33-114.3 and 33-114.5 of the City Code are 14 hereby amended and reordained, City Code Sections 33-113.01 and 33-113.02 are 15 hereby added, and Sections 33-114, 33-114.1 and 33-114.2, all pertaining to 16 encroachments into public streets and other public places, are hereby repealed, to read 17 as follows: 18 CHAPTER 33. STREETS AND SIDEWALKS 19 20 . . . . 21 22 Article VI. Encroachments into Public Streets and Other Public Ways, Places or 23 Property. 24 25 26 Sec. 33-113. Provisions applicable to all 27 encroachments. 28 29 ' - - .-- - - - -- - •- - - - - -- - - - - - - - , - 30 - e - - - - - -- - - - - - _ - - _ • 31 - - - .. _e... - e. - - - . - - - - - - - - -- - - 32 - - -- - . - - - - - -- - - - - - - , - - - - - . - - - • 33 - - - - - - - - - - . -_ - _ - - - - - - - - - •-- - - - • • • 34 - - -- -- - - - - - •-- - • -- - - - - - 35 - - - - . - - - - - - -- - - . - - - - - - - - - - - - - - 38 39 (a) Encroachments into, over, under or upon any public street, road, alley or 40 other public right-of-way or public property, shall be unlawful unless expressly 41 authorized pursuant to the provisions of the city code or by franchise, license, lease or 42 other legal instrument approved by the city council. The city council may deny or grant 43 permission to encroach subject to such terms and conditions as city council it may, in its 44 discretion, deem proper. Notwithstanding any other provision of law, all 45 deny_anyno encroachment request it determines, in its dis i c that is 46 determined to be detrimental to the public health, safety, welfare or interest shall be 47 approved. 48 49 (b) Any authorization for an encroachment granted pursuant to this Article is 50 hereby deemed to be a license only, and may be revoked, conditioned or otherwise 51 limited, with or without notice, at the pleasure of the city council. 52 53 (c) Authorization for encroachments other than those allowed pursuant to 54 subsection (b) of section 33-114.3 shall be in writing, approved as to legal sufficiency 55 by the city attorney and recorded in the Clerk's Office of the Circuit Court. 56 57 (d) Unless otherwise provided by the city council, it shall be a condition of 58 every encroachment authorized pursuant to any of the provisions of this Article that: 59 60 (1) The owner or occupant shall remove the encroachment, at no 61 expense to the city, within thirty (30) days after notification by the 62 city or such other time as may be directed by the city manager or 63 his designee; 64 65 (2) The owner shall indemnify, hold harmless and defend the city, its 66 agents, officers and employees, from and against all claims, 67 damages, losses, and expenses, including reasonable attorney's 68 fees, in any action arising out of the location or existence of such 69 encroachment; 70 71 (3) The owner shall obtain and maintain liability insurance with the city 72 as named insured, in the minimum amounts of five hundred 73 thousand dollars ($500,000.00) per person injured and property 74 damage per incident combined or, for subdivision identification 2 75 signs, two hundred and fifty thousand dollars ($250,000.00) per 76 person injured and property damage per incident; 77 78 (4) The encroachment shall not be unsightly or constitute a hazard; 79 80 (5) Prior to construction within or affecting any existing public street, 81 road, alley, or other public right-of-way or public property, the owner 82 or his agent shall obtain a permit from the permits and inspections 83 division of the department of planning in accordance with the 84 provisions of Article II of this chapter; 85 86 (6) No open cut of a public roadway shall be made unless specifically 87 allowed by the permit; 88 89 (7) No construction within or affecting any existing public street, road, 90 alley, or other right-of-way shall be allowed without an approved 91 traffic control plan; and 92 93 (8) The owner shall submit for review and approval, a survey of the 94 area being encroached upon or "as-built" plans of the 95 encroachment if required by either the city engineer's office or the 96 engineering division of the public utilities department. Such survey 97 or plans shall be certified by a professional engineer, surveyor or 98 such other qualified professional licensed to practice in the 99 Commonwealth of Virginia as the city manager or his designee may 100 require; provided, however, that this requirement may be waived if, 101 in the judgment of the city manager or his designee, the nature of 102 the work to be performed renders it unnecessary. 103 104 (e) ' - •• - - -• -- - -• - - • - -- - - e - Authorization to any person 105 to construct and maintain an encroachment into any public street or other public way, 106 shall not relieve such person from complying with 107 all other applicable laws, regulations and requirements. 108 109 COMMENT 110 111 The amendments substantially revise this section by replacing the current language, which 112 is revised and moved to new Section 33-113.02, with provisions applicable to all encroachments, 113 whether authorized by the City Council or administratively. 114 115 3 116 Sec. 33-113.01. Violations; enforcement. 117 118 (a) In the event the city manager or his designee determines that there exists 119 any unauthorized encroachment, or that any encroachment is in violation of any 120 applicable provision of this Article or condition of approval therefor, he shall give notice 121 thereof to the owner or occupant of such encroachment, stating the nature of the 122 violation and ordering the removal of the encroachment or correction of the violation 123 within a reasonable period of time specified in the notice. Such notice shall be in writing 124 and served upon the owner or occupant of the encroachment or his agent, and may be 125 served personally, sent by certified or registered mail to the last known address of the 126 owner or occupant or his agent as shown on the current real estate tax assessment 127 books or current real estate tax assessment records, posted in a conspicuous place in 128 or upon such encroachment, or served by any other means authorized by law. 129 130 (b) Such notice shall also state that the owner or occupant shall respond to the 131 notice within thirty (30) days of the date of the notice, in writing, by electing to: (i) 132 remove the encroachment or otherwise correct the violation within the time period 133 specified in the notice; or (ii) apply for approval of the encroachment within sixty (60) 134 days of the date of the notice. If the owner or occupant fails to respond to such notice 135 within the aforesaid thirty (30) days, the city manager or his designee shall proceed in 136 accordance with provisions of subsection (c). In the event the owner or occupant elects 137 to seek approval of the encroachment, the city manager shall not take enforcement 138 action unless the applicant fails to file an application within the required time. 139 140 (c) Failure to comply with the terms of such notice within the time specified 141 therein shall be remediable in the following manner. The election by the city of any one 142 or more or the remedies set forth in this subsection shall not preclude the city from 143 seeking any other such remedy: 144 145 (1) By a civil penalty in an amount not to exceed one hundred dollars 146 ($100.00) for each day that the unauthorized encroachment 147 continues; 148 149 (2) By legal action to enjoin the continuing violation of this section or 150 by action in ejectment or other appropriate legal proceeding to 151 recover possession of the street, road, alley or other public right- 152 of-way or public property; 153 154 (3) By removal of such encroachment by or on behalf of the city, in 155 which event the cost thereof shall be charged to the owner or 4 156 occupant of the encroachment and collected as real estate taxes 157 are collected; 158 159 (4) By charging, the owner or occupant of the encroachment, pending 160 the removal of any such encroachment, compensation for the use 161 of such portion of the street, road, alley or other public right-of-way 162 or public property at the equivalent of the tax upon the land so 163 occupied if it were property of the owner or occupant; or 164 165 (5) By abatement as a nuisance. 166 167 (d) Notwithstanding any other provision of this section, the city manager or his 168 designee may, without notice, remove or cause the removal of any unauthorized 169 encroachment, without liability to the owner or occupant of such encroachment, if he 170 determines that such encroachment: 171 172 (1) Interferes with the intended use of a public street, road, alley or 173 other public right-of-way or public property; 174 175 (2) Constitutes or causes a physical or visual obstruction to vehicles, 176 pedestrians, bicyclists or other persons; 177 178 (3) May interfere with the response to an emergency on the property 179 on which the encroachment is located; or 180 181 (4) Otherwise constitutes an imminent hazard to the public health, 182 safety or welfare. 183 184 COMMENT 185 186 This section sets forth provisions on enforcement. The provisions substantially expand the 187 remedies that are available to the City to address unauthorized encroachments but do not include 188 the current criminal (Class 3 misdemeanor) penalties that apply to unauthorized encroachments by 189 signs. 190 191 Sec. 33-113.02. Applications for encroachments. 192 193 Except as otherwise provided in this Article, Applications applications for 194 encroachments into public streets, roads, alleys or other public rights-of-way or other 195 public property shall be made to the city manager of his designee. A fee of two hundred 196 fifty dollars ($250.00) shall be paid to the city for the processing of an application for an 5 197 encroachment. No such application shall be accepted unless the fee therefor is paid at 198 the time the application is filed. The city manager or his designee is hereby authorized 199 and directed to adopt a procedure for the processing of such applications and, where 200 city council approval is required, the reporting to the city council of any detrimental 201 effect which a requested encroachment may have on the public health, safety, welfare 202 or interest. 203 COMMENT 204 205 This is substantively the same as prior City Code Section 33-113, but has been 206 renumbered and placed in a separate section. 207 208 209 Sec. 33-113.1. - • •• - • - •. . _ . • - - • - .. • - • - - • - • .. - 210 applications Encroachments by private underground utilities 211 and subdivision identification signs. 212 213 (a) The City city council hereby authorizes the city manager or his designee; 214 upon proper application to the department of public works, to approve any 215 encroachments into public streets, roads, alleys or other 216 public rights-of-way or other public property fix y private underground utilities and 217 subdivision identification signs, as defined herein, when upon the following conditions,. 218 in addition to those required by Section 33-113 are met: 219 220 (1) The owner shall remove the encroachment within thirty (30) days 221 •- • • - -222 223 (2) The owner shall indemnify, hold harmless and defend the City of 224 Virginia Beach, Virginia, its agents, and employees, from and 225 against all claims, damages losses, and expenses, including 226 - - - - - - - -- 1 __ - ' _- • - _- _ _ - _ • 227 _ - - - - - - - - - - - - • • - -- - - - - 228 ; 229 230 - - • • - - - - • - - • • • - - - • - - 231 •- 232 thousand dollars ($500,000.00) per person injured and property 233 damage per incident combined for private underground utility 234 encroachments and two hundred and fifty thousand dollars 235 ($250,000.00) per person injured and property damage per incident 236 -- - • - - - -- - -- - - - - -- - ; -6 237 ('I) The owner shall construct and maintain the encroachment to 238 _ - - _ • -- - - - • - - • - - •; -239 240 - - - -- - - - • - _ - - - - - - - - 241 _ . . _ - - - - • - - - - - -- .. _ - • -242 - - • - • - - - - - - • e; - - 243 244 = • - - - - - - - -- - - - - - -- - - - - 245 - - - - - - -- - - - - - - - 246 engineer; and 247 248 (7) Prior to construction within any existing right of way, the owner or 249 - - - - , - - - - - e -_, - - - -- • - - - -; 250 and 251 252 (8) 253 - - - - - - - -- - -- - - - -, - - - - - - - - - • - , 254 - - - - _' " - - - •- - - e- -- •• - • • - 255 city engineer's office or the engineering division of the public utilities 256 department; and 257 258 (9) (1) If the encroachment is consists of private water mains or private 259 gravity sanitary sewer laterals or force mains, the owner shall 260 - - - • - - -- _ • _ - - .•-- - - .e • '-- - • - -•• comply 261 with the provisions of Section 28-2 or 37-5 when-it at such time as 262 public sanitary sewer or public water service becomes available to 263 the site being serviced by the encroachment; and 264 265 (10) Above ground encroachments shall conform to the minimum 266 - -- - '- - - - - - - - _ --- 267 office; and 268 269 (11) (2) If the encroachment is a subdivision Subdivision signs, the sign 270 shall not exceed be greater in area than thirty-two (32) square feet 271 per face, shall-not-exceed have more than two (2) faces, shall-net 272 or exceed six (6) feet in height above the natural grade at the curb;_ 273 andAandssaping Landscaping shall-be approved by the department 274 of parks and recreation shall be provided. No subdivision sign shall 275 be located so as to constitute a traffic hazard, 276 7 277 (b) Definitions. The As used in this section, the following words, when used 278 this section, shall, for the purpose of this section, have the meanings respectively 279 ascribed to them herein, except in those instances when the context clearly indicates a 280 different meaning: 281 282 {1) "Owner" shall mean the person who holds legal title to a building or 283 - - 284 285 (2) (1) "Private underground utilities" shall mean any private gravity or 286 pressurized pipe for the conveyance of raw 287 sewerage, water or storm drainage, other than stormwater 288 conveyance facilities described in subdivision (iii) of Section 33- 289 114.5, private irrigation systems and underground conduit for wires 290 and cables. 291 292 (3) (2) "Subdivision identification signs" shall mean any 293 sign identifying a residential subdivision, and shall including include 294 the electrical components necessary to light the sign and 295 associated landscaping and related irrigation around the sign. 296 297 (c) Any encroachment shall be constructed and maintained in accordance 298 - • - - - • • - - • - - - • - - • - - - - - - - 299 otherwise provided in this section, or by section 33 113 or section 33 114. Except as 300 otherwise provided in this section or section 33 113 or section 33114, no 301 - - -- - ••- • - - - - - - --- - - - - - - - - " , - , - - - - - 303 permitted without the consent of the city council. Every such encroachment, use and 304 - -- • - - - -- - - - - -- - • . - - - 305 law, 306 307 (d) This section shall not be read as authorizing any encroachment which 308 would be prohibited by any other laws of the City of Virginia B ach, Virginia, or the 309 310 311 (e) If it is determined that an No application for an encroachment that does 312 not meet comply with all of the criteria listed above, set forth in this section then the city 313 manager or his designee is expressly prohibited from approving the encroachment 314 application shall be approved by the city manager or his designee; provided, however, 315 that upon denial of the application, the The applicant may • - - - ---- • - - 8 317 by seek authorization of the encroachment by making application in accordance with the 318 provisions of section 33-113.02 city council. 319 320 (f) Any encroachmcnt granted pursuant#e4his or any other City Code section is a 321 -- - - •• - - - • - • - - - - - -- - - - - -- - - - -• -- - - . 322 COMMENT 323 324 The section has been substantially rewritten so as to (1) delete provisions that apply to all 325 encroachments, rather than only encroachments for subdivision signs and underground utilities; 326 and (2) make technical and stylistic changes. The deleted provisions (other than the definition of 327 "owner,"which is unnecessary,as the term is defined in City Code Section 2-1) have been included, 328 as revised,in Section 33-113,pertaining to requirements for all encroachments. 329 Sec. 33-113.2 Administrative approval of temporary encroachments into 330 Neighborhood Dredging Special Service Districts 331 332 (a) City council hereby authorizes the city manager or his designee, upon 333 proper application to the department of public works, to approve any temporary 334 encroachment into city-owned waterways and city-owned property adjacent to 335 waterways for boatlifts, bulkheads, rip-rap, piers, boat-ramps, decks, shoreline 336 stabilization projects, pilings, wharves, and associated walkways and landscaping in 337 any of the council-approved neighborhood dredging special service districts when the 338 following conditions are met: 339 340 (1) The owner has procured any permits required by the city or other 341 applicable regulatory body; and 342 343 (2) The owner has secured approval from any board or body appointed 344 by the city to oversee the general health and welfare of the 345 Chesapeake Bay, wetlands, and any rivers, beaches or waterways; 346 and 347 348 (3) The city attorney or his designee has reviewed and approved the 349 encroachment request for compliance with relevant local 350 ordinances and resolutions, the city code, state law, federal law and 351 regulations, and that adjacent property owners have been notified.; 352 and 353 354 (1) The conditions provided by section 33 113.1(a) (1), (2), (3), (4), and 355 = - • --- -, - - • - . 9 356 (b) The requirements provided by Section 33 113.1 (c), (d), (e), and (f), as 357 - • - • - - - - - - - - - - -- - - • - -- - 358 359 (s0 (21 The application and processing fee for such temporary encroachment 360 shall be as provided by section 33-113.02. 361 362 (d) (c1 The applicant shall provide the required 15-foot vegetated riparian buffer 363 area or shall provide payment to the city for offsetting buffer improvements. 364 365 (e) (dl Any application that includes a boathouse is excluded from the 366 authorization for an administrative process set forth by this section. 367 368 (f (j The application for such encroachment shall include proof of notice to the 369 adjacent property owner. If an adjacent property owner objects to such application 370 because of navigational concerns, the application shall be excluded from the 371 authorization for an administrative approval set forth by this section. 372 COMMENT The amendments to this section renumber the section references and make certain other technical corrections in order to conform to the renumbering of the sections. 373 374 375 - . - - - '. .. 376 [RESERVED]. 377 378379 approve any encroachment into public streets, ways, places or property for a wall 380 - - •- - - - -- - - - - ..- 381 382 (1) All the signs at the subject location noluding he repescd sign, must-bc 383 -- - - -- . - - - -- - - • - - - - - - - - -'; - 384 385 (2) The sum of the building setback from the property line, when added to the 386 - - - - - - - - - - - - - - - - - - - 387 the depth of the sign itself exceed twelve (12) inches. 388 389 For purposes of this section, the phrase "wall mounted sign" shall be defined as a 390 . - - - - - - - - - - - . -- - -- - - - - - - • - - - 391 face of the sign parallels the wall on which the sign is displayed. 10 392 393 - - - - -- - - - - - - - - - - - - • - - - - 394 - e •.:* -: - - • - - - - - -- -. - - - - - - -- - • - - - *- -- •• - - 395 - - .. - - • • • • 395 ••-- • - - • - •- • -- - - - -, - - e - - - - - - - - - - - •-- - • • 396 - - -- • - - - - - - • - - - - .-- - . 397 398 • • . - - .. . -- - - - - - -- - - - - - -- - .. _ -• -- - - 399 - •- - - -- - - - - . - - - - - -- - - - e -- - - -- 400 - • - - - - - - - - - -- - .. - - - -- - - - - -- - - - -- 401 procedure set forth in section 33 113 of the City Code in order for said encroachment 402 - - - -- - - -- -- -- - -- - 403 COMMENT 404 The section has been repealed, as wall-mounted signage is treated in Section 33-114.3 405 pertaining to signs in zoning districts within Strategic Growth Areas. 406 407 - . - •• - - • - - 408 [RESERVED] 409 410 • 411 - - • - -- - - e e e- - -_ -_ _ . - . .-:, - - •, 412 _ . . -, . - - - -- - - • - . - - - - - . - - - e- --- - e - - -- - - - • • • 413 - - - - - -- , - - • - - ..•••• e - - • - * - - • - - -• - e—• •• - • 414 pursuant to the provisions of this article. 415 416 For purposes of this section, the terms "person" and "street" shall be defined in 417 accordance with section 1 2 of this Code. 418 419 (b) Whenever the director of planning determines that there has been a 420 violation of this section, he shall give notice thereof to the owner or occupant of the 421 - - - - . _ . . _ . - - - -- - - - - - - . - -- - - - - - -, - - • - - - - - 422 the violation and ordering the removal of the structure or the encroaching portion thereof 423 - • - -- - - - - -- -- - -- . - - - - -- - - - 424 _ . - _- -- - - - . _ _ . . _ - - - - • - - - - - - , - - - - - - -- •• - - 425 pfeperly served upon such owner or agent or upon such occupant if served upon him 426 - - - -- ' -- - _ - - ' - - • - - - - - " - - - - 427 - • - - - -- • - . - - - -- - - - - - - • - - - - - ---, - - - • - 428 -e - :•... e. e .. .- - - - - - - - - -- - - - -- - - - • - -- - - • - • -- 429 by the laws of this state 11 430 (c) Failure to comply with the terms of such notice within the time specified 431 • - - - - - - - - ' - - - - - •• - , - - - - - • - -_ _ • - • 432 - - - • -- - -- • • - - - ' -- - - - • - - - - • - - - - -- • 433 • - - . , - - - , • - - - • - '- - - - - - - - . - - - • 434 -- •• •••: - - - • - - - -- - - - -- - - - - - - - - • 435 - -- - ..- . •• .•- - • -- -- - 436 - - - - - - - - e -- -- - - - - - - - - -- - • e - - 437 behalf of the city, pending the removal of any such encroachment or encroaching 438 - - • - • - - -_ • - - ' • ' - -e— e- • - •- • - - - - - - - - - - -- 439 - •- - - - - - - - • - •: - - - -_ ' ' - - . _ .- - _ • - . - - . 440 441 (d) [Reserved} 442 COMMENT 443 The section has been repealed, as encroaching signs are treated in this Article identically to 444 other unauthorized encroachments. 445 446 - .. - - 447 [RESERVED] 448 (a) Notwithstanding the provisions of section 33 114.1 of this Code, the city 449 • - • - - e • •- -- - , - -e • . -- - - - • e, - • • _ - •- 450 - - -- - , - - - • - - - - - - -- , - - - . . _ ••-• -- - •• - 451 - • - - e- - -•••• e - - - - e - - . - A - -- _. _ -- 452 Design Guidelines of this city, dated February 29, 1988, and hereby approved and 453 -- - - - -e - - - - _- • - -•-, - - • - -- - •- • • - - - - -- - - e ••• : - • 454 --•e•-- --- - - - - • - -e - - - - . 455 456 - - - - - - • - - - -- - - - - - - -- - - - - - 457 facade to which such awning is affixed or appended with the aforesaid design 458 guidelines, or any one or more of such design guidelines, within such period of time as 459 the city manager-er his designee may specify. In the event such building facade shall 460 • 461 - • - - • - - • - -- - - - - - - • - - - - - - - - -- -. 462 463 (c) For purposes of—this section, the term "street" shall be defined in 464 - -e • - • • - • - - -- -. 465 12 466 COMMENT 467 The amendment eliminates an outdated process for approval of awnings under the 1988 468 Resort Area Facade Program. Awning encroachments are treated in the following section. 469 Sec. 33-114.3. Administrative approval of encroachments 470 within certain zoning districts. 471 472 Notwithstanding the any contrary provisions of section 33 114.1 of this Codc 473 Article: 474 (a) The city manager or his designee may, and is hereby vested with the 475 authority to, approve enter into written agreements allowing encroachments; upon or 476 over any public street, road, alley or other public right-of-way or public property or 477 sidewalk in any zoning district listed in Section 102(a)(13), pertaining to districts 478 implementing intended to implement a Strategic Growth Area Plan, or in the B-4C 479 Central Business Mixed Use District, by outdoor cafes, fixed furniture or planters, 480 decorative architectural features, privately-maintained bus shelters or portions thereof or 481 other storefront uses appurtenances that are expressly allowed by the regulations of the 482 district in which they are located, provided that such encroachments substantially 483 conforms to applicable regulations and design guidelines for the district in which it-is 484 they are located. Such encroachments shall also comply with all applicable zoning and 485 building codes, regulations and standards. 486 487 (b) Encroaching signs, fabric awnings, building-mounted light fixtures, non- 488 fixed objects, and other storefront appurtenances uses or structures, other than 489 encroachments authorized pursuant to subsection (a), that are expressly allowed 490 pursuant to the regulations of any zoning district listed in Section 102(a)(13), in which 491 - - - e- -" e _ e _ - - . - - - - - _ -_ shall be permitted, without payment of 492 the a fee prescribed in section 33 113 of this Code, and without a written agreement in 493 - --- - - • - -- - - - •-- - - -- - - •- - - - -• •- . 494 any-prevision applicable to such an encroachment shall be cause for the removal 495 thereof in accordance with section 33 114.1 of this Code. Such encroachments shall 496 conform to the applicable regulations and design guidelines of the district in which they 497 are located and to all applicable zoning and building codes. 498 499 (c) Notwithstanding the provisions of subsection (a), open-air cafes on public 500 property in the OR Oceanfront Resort District or the RT-1 or RT-3 Resort Tourist 501 Districts shall require the approval of the city council pursuant to franchise and shall be 502 subject to the provisions of the Resort Open Air Café Guidelines. 503 13 504 COMMENT 505 The amendments amplify and clarify the type of encroachments that may be approved 506 administratively. These encroachments include, without limitation, outdoor cafes (except those in 507 the Resort Area), fixed furniture or planters, decorative architectural features, privately- 508 maintained bus shelters and similar storefront appurtenances. but only if they are (1) located 509 within zoning districts implementing Strategic Growth Area Plans or the B-4C Central Business 510 Mixed Use District; and (2) expressly allowed by the zoning regulations of the district. Such 511 encroachments are required to conform to the district regulations and any applicable design 512 standards. 513 A further distinction is made for encroaching signs, fabric awnings, building-mounted light 514 fixtures, non-fixed objects, and other storefront appurtenances within a zoning district in an SGA 515 where such encroachments are expressly allowed, e.g., the Central Business Core District or 516 Oceanfront Resort District. Such encroachments do not require the payment of a fee or necessitate 517 a formal agreement, but are required to conform to the district regulations and any applicable 518 design standards as well as to other applicable zoning and building code regulations. 519 All such encroachments are required to conform to all applicable zoning and building 520 codes, regulations and standards, and the failure to comply with any condition or provision 521 applicable to such an encroachment is a violation of this Article and may be addressed by any of the 522 remedies set forth in Section 33-113.01. While the language stating this rule has been deleted from 523 this section,it is stated in Section 33-113,such that it is unnecessary and repetitive to keep it in this 524 section as well. 525 . . . . 526 527 Sec. 33-114.5. Exempted encroachments. 528 529 The following improvements upon city-owned property arc not considered 530 encroachments shall be exempt from the provisions of this Article, provided such 531 improvements are otherwise properly permitted and do not present a safety risk: (i) 532 driveway aprons; (ii) private sidewalks that connect to public sidewalks; (iii) extension of 533 private underground stormwater conveyance facilities that connect to public 534 systems within a public street, public right-of-way, public easement, or other public 535 property, provided such connections remain within the property's extended side lot lines; 536 and (iv) fences along extended side lot lines between privately owned real property and 537 a sound wall or similar noise attenuation structure. Nothing herein shall be construed to 538 provide permission for authorize the construction or maintenance of any improvement 539 upon City city property that presents constitutes a danger to the public health, safety, or 540 welfare, and nothing herein shall relieve the owner of any such improvement from the 541 duty to remove such encroachment if a public need for its removal should arise. 542 14 543 COMMENT 544 The substantive amendments to this section (1) exempt the named improvements from the 545 provisions of this Article rather than declaring them to not be encroachments at all; (2) limit 546 stormwater facilities that are not treated as encroachments to stormwater conveyance facilities that 547 are within the extended side lot lines of a parcel, and (3) require the named improvements to be 548 moved if a public need for their removal should arise. Other amendments are technical or stylistic 549 in nature. 550 551 Adopted by the City Council of the City of Virginia Beach, Virginia on the 552 day of , 20 . 553 554 555 556 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 557 558 Wilte) /V)559 , � i' ' ,� _.l'�. !_t 560 Department of Public Wor s City Attorney's Office 561 562 563 APPROVED AS TO CONTENT: 564 565 566 ALA / - 567 De.artment of Plannin2 568 569 570 CA-13283 571 R-13 572 September 29, 2015 15 I i 1 AN ORDINANCE TO AMEND SECTIONS 10.1 AND 10.2 2 OF THE PUBLIC WORKS SPECIFICATIONS AND 3 STANDARDS, PERTAINING TO ENCROACHMENTS INTO 4 PUBLIC RIGHTS-OF-WAY 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 10.1 and 10.2 of the Public Works Specifications and Standards, 9 pertaining to encroachments into the public rights-of- way, are hereby amended and 10 reordained by the substitution of the attached document entitled "Public Works 11 Specifications and Standards, Chapterl0, Plats, Easements, and Encroachments," for 12 the current Public Works Specifications and Standards Sections 10.1 and 10.2. Such 13 amendatory document has been exhibited to the City Council this date and is on file in 14 the City Clerk's Office. 15 COMMENT 16 17 The ordinance replaces the current Sections 10.1 and 10.2 of the Public Works Standards 18 and Specifications, pertaining to encroachments into the public rights-of- way, with revised 19 sections. The revisions are necessary to conform the two sections with the revised Article VI of 20 Chapter 33 of the City Code,adopted concurrently with this ordinance. 21 22 23 Adopted by the City Council of the City of Virginia Beach, Virginia on the _ 24 day of , 20_. APPROVED AS TO LEGAL SUFF IENCY: APPROVED AS TO CONTENT: tv p ' , City Attorney's Office Public Works Department CA13490 R-1 September 4, 2015 Public Works Specifications and Standards Chapter 10 Plats, Easements, and Encroachments 10.1 General All plats,,and easements and encroachment agreements must be recorded with the Clerk of Circuit Court for the City of Virginia Beach, Virginia in accordance with City Code Section 33-113(c). The Public Works Real Estate Office may also require that All surveys and plats, shall be based on the following datums: Horizontal Control: All surveys shall be on the Virginia State Plane Coordinate System, South Zone,NAD 1983/93 (HARN) all measurements expressed in U.S. Survey Feet. Vertical Control: All surveys requiring elevations shall be based on North American Vertical Datum (NAVD), 1988. Appropriate environmental assessments and title reports are required for acquisition and/or dedication of land to the City for easements, right-of-ways, or fee simple ownership. 10.2 Encroachments into Public Right-of-Ways This section outlines procedures for processing encroachments planned to be temporarily or permanently installed, erected, or placed in a public right-of-way, easement, on public property, or in navigable waters. ENCROACHMENT APPLICATION FEE PROCESS 1. Virginia Beach City Code provides guidelines for the collection of fees required under City Code, Chapter 33, Article VI, § 33 113. Application; processing foe Code Section for Ordinance No. and date City Council Adopted). The Encroachment Application Fee of TWO HUNDRED AND FIFTY DOLLARS ($250.00) is submitted to Public Works / Real Estate for processing. Consistent procedures are needed to guarantee proper routing of the funds. 2. For the purpose of this section, the following definitions shall apply: . . .. - - - , . - •. . . . . , . . • - . Page 10 -1 Plats, Easements & Encroachments 12/10 Public Works Specifications and Standards lines perty lines [RESERVED] 3. The following, define what the TWO HUNDRED AND FIFTY DOLLAR ($250.00) encroachment application fee covers. a. Only one processing fee of TWO HUNDRED AND FIFTY DOLLARS ($250.00) will be required to accompany an encroachment application for one or more subdivision identification signs whenever all of such encroachments are applied for under a single application and all of the signs applied for are located within the same subdivision. b. Only one processing fee of TWO HUNDRED AND FIFTY DOLLARS ($250.00) will be required to accompany an encroachment application for one or more encroachments whenever all of the encroachments are applied for under a single application and are associated with the same parcel. c. Individual processing fees of TWO HUNDRED AND FIFTY DOLLARS ($250.00) each, will be required to accompany individual encroachment applications whenever the encroachment is located on a separate parcel, even though the property may be owned by the same applicant. 4. All Encroachment Applications are to be filed with the Public Works Real Estate Department: a. The PW/Administrative Assistant reviews the application prior to assignment to a Right of Way Agent("ROW")to ensure the following: i. Application is filled in properly and signed by the owner of the property shown on the Commissioner of Revenue Land Records, print and title update; ii. Check in the amount of$250.00 made payable to Treasurer of the City of Virginia Beach; iii. 8 '/2" x 11" Map showing the location of the encroachment that is at least 9 point font, 8 copies; iv. Photographs;ad v. All other information required by the City Code; and vi. Proper documentation received for parties authorized to sign on behalf of corporations, LLC, partnerships, etc. and that they are authorized to do business in the State of Virginia(SCC). If the application is not complete, the PW/Administrative Assistant returns the Application to the Applicant notifying them what is needed before the Application is assigned to a ROW. Page 10 - 2 Plats, Easements & Encroachments 12/10 Public Works Specifications and Standards 5. Upon receipt of the proper application, the Real Estate Agent and/or his designee assign the encroachment request to a ROW Agent. The ROW is responsible for the following: a. Preparing the original form memo forwarding the application fee to the Public Works Business Manager. The form will include the application fee, name of the applicant, the check number, amount of the check, and identify what type of encroachment request. b. The Right of Way Agent reviewing the encroachment application will document receipt of the fee and deposit the funds with the Public Works / Business Managers Office in a timely manner. The ROW will document the computer data base showing who the check was given to. c. The Right of Way Agent will make two copies of the memo and the check. The ROW will place one copy in the encroachment file and provide the other copy, along with a computer data base print out to the administrative assistant for their records. d. The Public Works Business Manager will deposit the money in the Encroachment Application Fee Account, this account is part of the General Fund. e. At this time the ROW will prepare a memo is sent to PW / Engineering / Drafting to prepare a location map of the requested encroachment. The map will include an overlay of any City projects and/or City property. For further procedure please proceed to either: ADMINISTRATIVELY APPROVED ENCROACHMENTS or COUNCIL ACTION ENCROACHMENTS Page 10 -3 Plats, Easements &Encroachments 12/10 Public Works Specifications and Standards ADMINISTRATIVELY APPROVED ENCROACHMENTS 1. Encroachments into public streets,ways, places, or property for private conditions outlined in the City Code, Chapter 33, Article VI, § 33 113.1. Criteria 2. Encroachments into public streets, ways, places for wall mounted signs must meet certain conditions outlined in City Code, Chapter 33, Article VI, § 33 111. 3. Encroachments for any awning upon or over any public street which conforms to the Resort Area Facade Program Design dated February 29, 1988 as outlined in City Code, Chapter 33, Article VI, § 33 111.2. /1. Encroachments within the B 3A Pembroke Central Business Core District that meet the criteria outlined in City Code, Article VI, § 33 114.3. Administrative All encroachments approved administratively shall conform to the applicable conditions set forth in Article 6 of Chapter 33 of the City Code. Procedure: All requests for administrative approval of encroachments shall be submitted on the form, City of Virginia Beach Encroachment Application with the required information. 1. ROW is responsible for preparing the encroachment distribution memo, include a copy of the plat and location map and route to all appropriate city agencies for review and comments. The routing process takes approximately two weeks. The comments will be compiled and reviewed by the ROW. A recommendation of approval or denial will be determined from the comments received as a result of the distribution memo routed to various city agencies. 2. The Real Estate Agent and/or his designee will review the recommendations with the ROW and if the application is recommended as a denial, the applicant will be notified. 3. If there is a resolution to the recommendation of denial, the ROW will work with the applicant until the problem(s) can be resolved and the encroachment sent forward as an approval. 4. If there is no resolution to the recommendation of denial, the applicant is given two options: (a) withdraw the application (file is closed) or (b) appeal staff s ,,,endation of denial apply for approval by the to City Council and they Page 10 - 4 Plats, Easements &Encroachments 12/10 Public Works Specifications and Standards will vote on the requested encroachment (For Procedure on Appeal follow Council Action Encroachments). 5. Once the applicant has been notified of staff's recommendation of approval the ROW is responsible for preparing and sending the agreement to the applicant to date, sign, notarized, and returned to the Office of Real Estate for further processing. 6. Upon receipt of the signed agreement from the applicant, the ROW will prepare a package consisting of the following documents: a. The ROW will have the signed Agreement "Approve As To Content" by the Real Estate Agent and/or his designee. b. The ROW will draft the form memo addressed to Deputy City Attorney and attach the original executed agreement. 7. The PW/Administrative Assistant will forward the memo and agreement to the Director of Public Works for his signature. Upon his signature, the PW/Administrative Assistant will forward them onto the Deputy City Attorney's Office. 8. The Deputy City Attorney's Office will review for legal sufficiency and, if approved, will will sign the "Approved As To Legal Sufficiency" and send it to the City Manager and City Clerk for signatures. 9. Once the document has been fully executed, it will be returned to the Deputy City Attorney's Office so the document can be recorded by the Clerk of the Circuit Court of Virginia Beach and given an instrument number. 10. The Deputy City Attorney's office will send the ROW a copy of the recorded document. The ROW will forward a copy of the fully executed and recorded agreement to the applicant and close the file. 11. Upon notification that the document has been fully executed, the applicant can begin to construct and maintain the encroachment according to the terms of the agreement once a permit from the Development Services Center (DSC) has been issued. Page 10 -5 Plats, Easements& Encroachments 12/10 Public Works Specifications and Standards COUNCIL ACTION ENCROACHMENTS Procedure: 1. Upon receipt of the Application and Processing Fee, the ROW will be responsible to prepare the encroachment distribution memo route it along with a copy of the plat and location map to all appropriate city agencies for review and comments. The routing process takes approximately two weeks. The comments will be compiled and reviewed by the ROW. A recommendation of approval or denial will be determined from the comments received as a result of the distribution memo routed to various city agencies. 2. The Real Estate Agent and/or his designee will review the recommendations with the ROW and if the application is recommended as a denial, the applicant will be notified. 3. If there is a resolution to the recommendation of denial, the agent will work with the applicant until the problem(s) can be resolved and the encroachment sent forward as an approval. 4. If there is no resolution to the recommendation of denial, the applicant is given two options: (a) withdraw the application (file closed) or (b) appeal staff's recommendation of denial to City Council and the following procedure will apply. 5. Once the applicant has been notified of staff's recommendation either approval or denial (and if applicant elects to appeal)the ROW is responsible for preparing the necessary agreement to the applicant to date, sign, notarized, and returned to the Office of Real Estate for further processing. 6. Upon receipt of the signed agreement from the applicant, the ROW will prepare a Council Action Package (the"Package")consisting of the following documents: a. Action Transmittal Form - prepared and initialed by the City Real Estate Agent and/or is designee. b. Agenda Item - is prepared, the Council date selected and initialed by the City Real Estate Agent and/or his designee. c. Ordinance - prepared and signed by the City Real Estate Agent and/or his designee. d. Location Map. Page 10 - 6 Plats, Easements & Encroachments 12/10 Public Works Specifications and Standards e. Agreement — original, signed and notarized by the owner and initialed by the ROW and Approved As To Content by the City Real Estate Agent and/or his designee. f. Map - The map exhibit provided by the applicant showing the encroachment is attached and labeled Exhibit"A". g. Pictures - Pictures of the location of the requested encroachment and pictures of any same/similar encroachments in the area should be labeled and presented with the City Council Package. 7. The ROW will obtain a Council date and have the Real Estate Agent and/or his designee sign the Package and forward it to the PW / Administration for approval and signature and returned to PW/Real Estate Administrative Assistant for further processing. 8. PW/Real Estate administrative assistant will document the computer data base with the Council date and forward the Package to the Deputy City Attorney's Office, Real Estate Division along with a check for the recording fee from the applicant. The Package will be assigned to an attorney for review. If there are changes that need to be made, the attorney will return the Package to the ROW to make necessary changes. Once the changes are made the Package is sent back to the attorney to continue the approval process. The attorney assigned to the file City Attorney's Office will sign off on the Action Transmittal Form, and Approve as to Legal Sufficiency and Form on the Ordinance and the Agreement. It will then go to the City Attorney to be approved. Upon approval the City Attorney's Office is responsible for hand delivering transmitting the package to the City Manager to be placed on Council's agenda and a fully executed copy returned to the ROW. 9. The ROW will make a copy for the file and provide one to the Director of Public Works prior to the Agenda Setting meeting. 10. The applicant is notified of the date and time of the City Council hearing so that they can be present. 11. If the package is denied by City Council the applicant is notified of the outcome by phone and a letter follows. (See Attachment — Denial Letter) If the package is approved by City Council the applicant is sent a letter and a copy of the executed and recorded agreement to keep in their file. 12. Upon receipt of the fully executed agreement by the applicant and the City Manager construction and maintenance of the encroachment can begin once a permit from DSC has been obtained. 13. The file is then given to the PW/RE Administrative Assistant and the computer data file is closed. Page 10 -7 Plats, Easements & Encroachments 12/10 I I I 1 1 Ili [ 44,-,n4,-,„„ i � �4 i - (,u2 E ! `tea°•••+•N Na`aa tvvti� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Amending an Existing Franchise Agreement and Granting a New Franchise Agreement for an Open Air Café in the Resort Area MEETING DATE: October 6, 2015 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: On May 5, 2015, City Council awarded a five-year franchise agreement to 11th Street, LC, t/a 11th Street Café, for operation of an Atlantic Avenue Side Street Café. 11th Street, LC operates a Connector Park Café, not an Atlantic Avenue Side Street Café. The franchise agreement requires revisions to be executed with the same formalities as the underlying franchise agreement. The purpose of this ordinance is, in part, to amend the franchise agreement previously awarded by City Council on May 5, 2015 to reflect that 11th Street, LC, t/a 11th Street Café, operates a Connector Park Café. No additional revisions are being proposed to the 11th Street, LC franchise agreement. Jay & DIP Corporation, t/a Tropical Smoothie Café, is seeking a new, one-year franchise agreement for operation of an Atlantic Avenue Side Street Café at 211 25th Street. ■ Public Information: A public notice was published in The Beacon on October 4, 2015. • Attachments: Ordinance and Disclosure Forms Recommended Action: Adopt Ordinance Submitting Department/Age cy: Strategic Growth Area Office City Manage 1 AN ORDINANCE AMENDING AN EXISTING 2 FRANCHISE AGREEMENT AND GRANTING A 3 NEW FRANCHISE AGREEMENT FOR AN 4 OPEN AIR CAFE IN THE RESORT AREA 5 6 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 7 the City Manager to promulgate Open Air Café Regulations, which have been amended 8 from time to time, for the operation of open air cafés on public property; and 9 10 WHEREAS, the City Council has traditionally granted initial franchises for one- 11 year terms; and 12 13 WHEREAS, if an open air café is successfully operated during the initial one- 14 year term, the franchisee may return to Council and request a five-year franchise 15 agreement; and 16 17 WHEREAS, on May 5, 2015, City Council awarded a five-year franchise 18 agreement to 11th Street, LC, t/a 11th Street Café, for operation of an Atlantic Avenue 19 Side Street Café; and 20 21 WHEREAS, 11th Street, LC operates a Connector Park Café, not an Atlantic 22 Avenue Side Street Café; and 23 24 WHEREAS, the franchise agreement requires revisions to be executed with the 25 same formalities as the underlying franchise agreement; and 26 27 WHEREAS, the purpose of this ordinance is, in part, to amend the franchise 28 agreement previously awarded by City Council on May 5, 2015 to reflect that 11th 29 Street, LC operates a Connector Park Café; and 30 31 WHEREAS, no additional revisions are being proposed to the 11th Street, LC 32 franchise agreement; and 33 34 WHEREAS, the Strategic Growth Area Office recommends that the 11th Street, 35 LC, t/a 11th Street Café, franchise agreement be amended as set forth above; and 36 37 WHEREAS, Jay & DIP Corporation, t/a Tropical Smoothie Café, is seeking a 38 new, one-year franchise agreement for operation of an Atlantic Avenue Side Street Cafe 39 at 211 25th Street; and 40 41 WHEREAS, the Strategic Growth Area Office recommends that Jay & DIP 42 Corporation, t/a Tropical Smoothie Café, be granted an open air café franchise 43 agreement with a term of one year. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH: II 47 48 That the City Council hereby 1) approves an amendment to the 11th Street, LC, 49 t/a 11th Street Café, franchise agreement to reflect that 11th Street, LC, t/a 11th Street 50 Café, is operating a Connector Park Café; and 2) grants a one-year franchise 51 agreement to Jay & DIP Corporation, t/a Tropical Smoothie Café, for operation of an 52 Atlantic Avenue Side Street Café at 211 25th Street. Adopted by the City Council of Virginia Beach, Virginia on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Office CA13488 R-2 September 21, 2015 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 i Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request i 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 uu ., .K :.:R ,uuuuu muuszu,- ,nuo mr wad ,...s :.mom= _4* k The disclosures contained this form are necessary to o public i . l the i whether they V conflict f interest under Virginia l SECTION 1 / APPLICANT DISCLOSURE 0 Check here if the APPLICANT IS N T 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 C',rsdo ures most be updates two(2 tF ek.S p 3r to any Paget of 4 P(an1T.Y..9"I'.0, rs'y Council mem,c1 Ihat :i?,Tta o to the _{ppI;,:`aliontai ❑ APPLICANT NOTIFIED OF HEARING DA1 ® NO CHANGES AS OF DATE � ... REVISIONS SUBMITTED DATE I am at 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) 41% Aer, ' 4r 4044.4*- (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) r, 41 � 3 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 Avvlicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained In this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. e Virginia Beach "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business 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 entitles." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. SECTION 1 SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any busine,ss 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) NIR Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than E] the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed D tstpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors O Engineers/ Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I i I I I Virginia Beach Financing (include current ❑ mortgage holders and lenders E:st. selected or being considered to provide financing for acquisition or construction of the property) ❑ RLegal Services Real Estate Brokers /Agents for El 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 Elan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin of any public bodyor committee in connection with this Application, CANT'S SIGNATURE 'AME DATE ar P TY 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. !C'd'r ikwd V see,- 76. t6Tertokt . (.rt tc T — 14. .t- 5 6 b b 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 (EDLP) Board of Zoning Encroachment Request Rezoning A• .eats Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Boa Mi6 1 S 2015 \\t: /1/ 1 erg` w„' SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANTIS NOTa corporation, partnership, firm, business, or other unincorporated organization. 7 0-Check here if the APPLICANTIS a corporation, partnership, firm, business, or 1 s 1 1 II +fes, 11 r'+t C +r r t�t t S rid �r ItOie Page 1 of 4 E i p 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) ltk144F L. . (B) List the businesses that have a parent-subsidiary 'or affiliated business entity 2relationship with the Applicant: (Attach list if necessary) 1 2 See next page for information pertaining to footnotes and SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. The disclosures contained in this form are necessary to inform public Page 2 of 5 officials who may vote on the application as to whether they have a conflictof interest under Virginia law. I —41-‘ I 0 Check here if the PROPERTY OWNERIS NOTa corporation, partnership, firm, business, or other unincorporated organization. Chsck.here if the PROPERTY OWNERIS 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) E4,, ti l\k - �. ()ice 1 . . Cl tanl l - (B) List the businesses that have a parent-subsidiary 'or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationships 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 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. The disclosures contained in this form are necessary to inform public Page 3 of 5 officials who may vote on the application as to whether they have a conflictof interest under Virginia law. I i I i 4t SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of rhtionor any business operating or to be operated on the Proe_rty. 1f the answer to any item Is YES, please identify the firm or individual providing the service: ( YES f NO SERVICE PROVIDER(use additional sheets if 1� r I needed) Q Accounting and/or preparer of r 0 your tax return Architect/ Landscape Architect/ 0 0 Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser 0 0 and purchaser's service providers Any other pending or proposed purchaser of the subject property Q ❑ (identify purchaser(s) and 0 0 purchaser's service providers) Construction Contractors Engineers/Surveyors Financing (include current mortgage holders and lenders �—� selected or being considered to provide financing for acquisition or construction of the property) lel Legal Services ELI Real Estate Brokers/ Agents for Li current and anticipated future sales of the subject property The disclosures contained in this form are necessary to inform public Page 4 of 5 officials who may vote on the application as to whether they have a conflictof interest under Virginia law. _Th,,,,„ .„ , -1)) SECTIO ------. - _ —_ N 4. Does an official or employee of the Cityof VirginianBeach a e i an interest in the subject land or any proposed p KNOWN contingent on the subject public action? _� INTERE '------------ _______ ___.._____._. ST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ ❑ 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, l 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. f APPUCANT'S S1GNOTURE_ PRINT NAME DATE ' j 1 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 5 of 5 officials who may vote on the application as to whether they have a conflictof interest under Virginia law. Ali[ ff,141.1',I,1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Subordination of Rights in the Portion of the Lake Gaston Pipeline Easement Crossing Pine Top Drive in Brunswick County, Virginia, to Brunswick County and the Commonwealth of Virginia Department of Transportation. MEETING DATE: October 6, 2015 • Background: The City of Virginia Beach (the "City") owns and maintains the Lake Gaston Pipeline (the "Pipeline"), which provides water from Lake Gaston to the City. A portion of the Pipeline is located within a City-owned utility easement (the "Easement") which crosses Pine Top Drive in Brunswick County (the "County"). The City also owns a pump station site (the "Pump Station") in the County. Pine Top Drive is privately owned and maintained by Pine Top Drive Association, L.L.C. (the "Association"), of which the City is a member. The members of the Association pay dues to fund the maintenance of Pine Top Drive, with the City's share being approximately $4,000.00 annually. The Association desires for the Virginia Department of Transportation ("VDOT") to accept Pine Top Drive into the secondary system of state highways. Prior to accepting Pine Top Drive into the secondary system of highways, VDOT requires the right-of-way to be unencumbered. VDOT has requested that the City subordinate its easement rights in Pine Top Drive to the County and VDOT. • Considerations: The Pipeline will remain in its current location and the City will continue to have the right to construct, operate, maintain and repair the Pipeline within Pine Top Drive, pursuant to an In-Place Land Use Permit currently on file with VDOT. The City will also continue to have access to its Pump Station Site over Pine Top Drive. If Pine Top Drive is accepted into Virginia's secondary system of state highways, it will become a VDOT maintained public road, and the City will no longer be required to pay annual dues for road maintenance. If VDOT does not accept Pine Top Drive into the secondary system of highways, the County's and VDOT's rights under the subordination agreement will revert back to the City. • Public Information: Advertisement of the public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of the City Council Agenda. • Alternatives: Deny subordinating the City's rights in Pine Top Drive to the County and VDOT, and continue to pay annual dues to the Association for road maintenance. • Recommendation: Authorize the City Manager to execute a subordination of rights agreement to subordinate the City's rights in Pine Top Drive to the County and VDOT. • Attachments: Ordinance Summary of Terms Disclosure Statement Form Location map Recommended Action: Approval Submitting Department/Agency: Public Utilities d v`"\ _.... _____ A.A.7 ,ii City Manager: k . .,,,,E. 1 AN ORDINANCE AUTHORIZING THE 2 SUBORDINATION OF RIGHTS IN THE PORTION 3 OF THE LAKE GASTON PIPELINE EASEMENT 4 CROSSING PINE TOP DRIVE IN BRUNSWICK 5 COUNTY, VIRGINIA TO BRUNSWICK COUNTY 6 AND THE COMMONWEALTH OF VIRGINIA 7 DEPARTMENT OF TRANSPORTATION 8 9 WHEREAS, the City of Virginia Beach (the "City") owns and maintains the Lake 10 Gaston Pipeline (the "Pipeline"), which provides water from Lake Gaston to the City; 11 12 WHEREAS, the Pipeline is located within a City-owned utility easement (the 13 "Easement"), which crosses Pine Top Drive in Brunswick County, Virginia (the 14 "County"); 15 16 WHEREAS, Pine Top Drive is privately owned and maintained by Pine Top Drive 17 Association, L.L.C. (the "Association"); 18 19 WHEREAS, the City is a member of the Association and pays annual dues for 20 maintenance of Pine Top Drive; 21 22 WHEREAS, the Association desires that the Virginia Department of 23 Transportation ("VDOT") accept Pine Top Drive into the secondary system of state 24 highways and be responsible for the maintenance thereof; 25 26 WHEREAS, prior to acceptance, VDOT requires that Pine Top Drive be 27 unencumbered; 28 29 WHEREAS, VDOT has requested the City subordinate its rights in Pine Top 30 Drive to the County and VDOT, and 31 32 WHEREAS, subordination of its rights in Pine Top Drive to the County and VDOT 33 would not interfere with the City's operation of the Pipeline. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute the necessary documents 39 to subordinate the City's rights in Pine Top Drive to the County and VDOT, in 40 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 41 hereof, and such other terms, conditions or modifications as may be acceptable to the 42 City Manager and in a form deemed satisfactory by the City Attorney. 11 43 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 44 , 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM bil/iA, u/ka-icfr,) City Attorney Department of Public Utiliti CA13186 \\vbgov.com\DFS1 Applications\CityLawProd\cycom32\Wpdocs\D013\P007\00055817.DOC R-2 September 24, 2015 2 EXHIBIT A SUMMARY OF TERMS SUBORDINATION OF RIGHTS IN THE PORTION OF LAKE GASTON PIPELINE EASEMENT CROSSING PINE TOP DRIVE IN BRUNSWICK COUNTY, VIRGINIA GRANTOR: City of Virginia Beach (the "City") GRANTEE: Brunswick County, (the "County") and Commonwealth of Virginia Department of Transportation ("VDOT") EASEMENT AREA: 4,800+/- square foot easement (approx. 0.11 acre) over a 60' x 80' portion of Pine Top Drive, located in the Powellton Magisterial District of Brunswick County, Virginia. CONDITIONS OF SUBORDINATION: • The City shall continue to have the right to construct, operate, maintain and repair the pipeline facilities in the facilities' existing location within Pine Top Drive, pursuant to an In-Place Land Use Permit currently on file with VDOT. • Upon VDOT's acceptance of the Pine Top Drive into the secondary system of state highways, VDOT shall be responsible for maintenance of Pine Top Drive. • If Pine Top Drive is not accepted into VDOT's secondary system of highways, the County's and VDOT's rights under the subordination agreement shall revert to the City. 1 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EY Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY /AH disclosures must be updated two i2)weeks prior to any Page 1 of 4 Planninc;Commission and City Council meeting that pertains to the application i. 0 APPLICANT NOTIFIED OF NEARING DATE 0 NO CHANGES AS OF DA FE ,� REVISIONS SUBMITTED DATE. l�— 0 orik 000 '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) Trap Detvc 11ssoc , 147 i L. L.0, Jc r cAA Ltd.,ecQ l i -ki 1/42 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 174 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) e. ( LCk ( , s (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ij 0.S The disclosures contained In this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • Virginia Beach "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (II) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ® Accounting and/or preparer of your tax return [Z1 Architect / Landscape Architect/ Land Planner Contract Purchaser(if other than El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El [j purchaser of the subject property (identify purchaser(s) and purchaser's service providers) E] [2 Construction Contractors [J Engineers/ Surveyors ut61;clot (SSoci.+mss, rat. 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. \' 1:3.. Virginia Beach Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ tI Legal 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 ❑ •• an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. I A. ec,>c g-3/-15 APPLICANT'S SIGNATURE 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. CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT FORM ADDENDUM This is an addendum filed on behalf of Pine Top Drive Association, LLC. Narrative: The City of Virginia Beach owns property in Brunswick County, Virginia that fronts on a private road known as Pine Top Drive. The applicant is a Limited Liability Company that was formed by all the other owners of property also fronting on that road or roads that use the Pine Top Drive for access. Pine Top Drive Association, LLC (the Applicant herein)was given full power by the five subdivisions that use Pine Top Road to maintain, control, update, improve and otherwise take care of the road. Ultimately, a decision was made to have the entire road taken into the state highway system. That portion that lies in North Carolina has already been deeded to NC DOT and is now maintained by NC. The portion that lies in Virginia is very close to being taken in by VA DOT. Virginia Beach because it accesses its pump house fronting Lake Gaston over and across Pine Top Drive is of necessity already associated with Pine Top Drive Association, LLC and currently already pays it pro-rata share of the maintenance costs to the Applicant. In order to complete the process of conveying Pine Top Drive to VA DOT it is necessary to bring certain portions of the road up to state standards and the cost of doing this is being shared by all of the parties, including the City of Virginia Beach. The process of having the road taken into the state highway system has caused the Applicant to work more intensively with the City of Virginia Beach and this has presumably triggered the need for the Applicant to complete this disclosure form. SECTION 1 (A) addendum Pine Top Drive, LLC has the following members, to-wit: • Beaver Creek Subdivision represented by Herbert F. Rector • Woodlake Point Subdivision represented by John M Rector, Jr. • Bradley Pointe Subdivision represented by William H. Cox • Lookout Point Subdivision represented by Walter I. Bums • Southside Shores Subdivision represented by Angela H. Bums. The Officers are as follows: • William H. Cox, President • John M. Rector, Jr., Secretary • Howard M. Campbell, Treasurer SECTION 2 (A) addendum [same information as set out in Section 1 (A) above. 1 0 wit . :.. !� V r- ��za(/'�J,(�� Z ilal i is.: h 1 . 11.111 Ili 7-6 P i _ - - -, ei . . I i ' 1 ... ,.. _ ... i 1 R a iaNki iy La t1 r" 11 I ` .4 as 1r":: il 11 11" i 1 4 1 h i la 1 4 IP 1 hi q 1 1 trrill ! 11 !is 11 !/ 4.. : 1, el d gl - a 1, ' ; -,--I 18 g 174 AV i li ii 1 ;tit 1 (...--1:-: . . . i m . ihlii a i 1 1 ! j" -., :JONy 9 s 1 • • • 8 ; i g IP* i i - Iiiii II Al i ,_ .::"..'''''''''''''''''''......•:,,.... . . .. . - p 1 W _ I i i 1 :0 i .1 i 0 .1:1- .1 111. 111,17./?:1.7. 1-4 r P 4 :c ..< i 11:1: < -0 SF rrn 1 } 7.) t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 0.12 +/- acres of property located at 324 N. Birdneck Road (GPIN: 2417-56-7251) from the Estate of Marie Hickman MEETING DATE: October 6, 2015 • Background: The Estate of Marie Hickman (the "Hickman Estate") owns approximately 0.12 +/- acres of property located at 324 N. Birdneck Road (the "Property") near the intersection of N. Birdneck Road and 19th Street. The City owns an adjacent tract of 11.83 acres. The Property is improved with a house. A portion of the Property is anticipated to be needed for future roadway improvements for a turn-lane onto 19th Street, and the balance could be assembled with other City-owned land adjacent to the Property. • Considerations: City staff and the Hickman Estate have reached an agreement, subject to Council approval, on the purchase price of the Property. The agreed purchase price is $70,000, and the acquisition can be funded from CIP 3-139 (Various Site Acquisitions). • 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. • Attachments: Ordinance, Disclosure Statement, Summary of Terms and Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate ac. ,s,(,x\) City Manag��1, , kYM 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 0.12 +/- ACRES OF 3 PROPERTY LOCATED AT 324 N. BIRDNECK 4 ROAD (GPIN: 2417-56-7251) FROM THE 5 ESTATE OF MARIE HICKMAN 6 7 WHEREAS, the Estate of Marie Hickman (the "Hickman Estate") owns 8 approximately 0.12 +/- acres of property located at 324 N. Birdneck Road in the City of 9 Virginia Beach, Virginia (the"Property"), as further described on Exhibit A, attached hereto 10 and incorporated herein; 11 12 WHEREAS, a portion of the Property will be needed for future roadway 13 improvements to the intersection of Birdneck Road with 19th Street, and the remainder can 14 be assembled with other adjacent City property; 15 16 WHEREAS, the Hickman Estate has agreed to convey the Property to the City for 17 $70,000, subject to Council approval and in accordance with the Summary of Terms 18 attached hereto as Exhibit B and incorporated herein; 19 20 WHEREAS, funding for the acquisition and any associated expenses is available in 21 Various Site Acquisitions, CIP 3-139; and 22 23 WHEREAS, the City Council finds that purchasing the Property is in the best 24 interests of the City. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the City Council authorizes the purchase of the Property,which Property 30 is generally identified as 324 N. Birdneck Road and further described on Exhibit A. 31 32 2. That the City Manager or his designee is authorized to execute all documents 33 that may be necessary or appropriate in connection with the purchase of the Property, so 34 long as the documents are consistent with the Summary of Terms and contain such terms, 35 conditions and modifications as may be acceptable to the City Manager and in a form 36 deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of , 2015. CA13449 R-1 PREPARED: 9/25/15 APPROVED AS TO CONTENT APPROVED AS TO LEGAL fir SUFFICIENCY AND FORM lb rill lit # . PUBLI I! •RKS, REAL ESTATE CITY ATTORNEY I I I I I EXHIBIT "A" Legal Description of 324 N. Birdneck Road AU that certain piece or parcel of land with the buildings and improvements thereon situate, lying and being in the City of Virginia Beach, Virginia, designated as "J.W. Jones" on plat entitled "PROPERTY OF J.W. JONES & HENRY LASSITER LOCATED NEAR SEATACK IN PRINCESS ANNE CO., VA.," dated June 15, 1948, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 23, at page 10.. Less and Except that portion of property conveyed pursuant to Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 1554, at page 301, and shown in State Highway Plat Book 5, at page 22. Together with all right, title and interest of the Grantor, if any, in and to any and all easements, rights-of-way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. EXHIBIT "B" SUMMARY OF TERMS SELLER: The Estate of Marie Hickman BUYER: City of Virginia Beach ("City") PROPERTY: 324 N. Birdneck Road (GPIN: 2417-56-7251) CONSIDERATION: $70,000 SOURCE OF FUNDS: Various Site Acquisitions (CIP 3-139) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. 7575317380 JEWISH FAMILY SERVICES 11:11:27 a.m. 09-24-2015 3/6 ti z-a a�arxr`x fi -+ g t t ;terl `' _• -t'-'� a'�' '�" moi. '3 }�c } i i • • 1L• EF . . Virginia Bench 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 (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic.Review.Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ 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: C17 NO CHANGES AS OF DATE; q(0 IS I _0 REVISIONS SUBMITTED DATE 1 7575317380 JEWISH FAMILY SERVICES 11:12:33 a.m. 09-24-2015 4/6 • `t • rr`" ,L^ u*:tst-.rPit -. .. rd, , r .f ,*,. 'S ' t S - .. • '' +�,�"��' r G +3 qtr •-.r ._ .''Y- ''�, - - � •; �,:ry,„ 'r You "'" ^t��.c,,��.._ � 140 Y ' VI vll$III*BCflO}l,, other unincorporated organization, AND THEN, complete the following:— (A) ollowin p 9 � p 9:'•. (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 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant heck here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (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. 7575317380 JEWISH FAMILY SERVICES 11:13:29 a.m. 09-24-2015 5/6 • . ,. l"' `` - J�, _ ro4 ,z` ,. Rw'u*h+-'6._Ss�+� fi�p- S. ',+w ..< ,ka —^- '— T'' SAY' 'Q + + � : h : +. aer •F .i-� "�' .+- d4 :�,�� ,a, { i. 4 �i#i'•-r�� e:�7 rrrt.i.«..'�ijuy'-{r�,}s+Cir y, YF 1 .1.'f,ZF .g ,� .t ,r *--,?•;;#_ rte'{ �.e ' ' -«:•------: .."-,. «o � Virrl pia Bach • 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 entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of • your tax return D Architect/Landscape Architect/ Land Planner 0 Ey Contract Purchaser(if other than the Applicant)-identify purchaser -. and purchaser's service providers Any other pending or proposed a purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 a Construction Contractors 0 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. 7575317380 JEWISH FAMILY SERVICES 11:14:35 a.m. 09-24-2015 6/6 y : . .-a rm a :. -.1.4 s <~ ' "��§'''-' ' -. , S i 'S LS s7 ,x" 5S'a `'f 1 I.'`.' S~J -i <. *" t:S•1'r'1b �f ', . t x p`'(' : � ..�..P'c•s--�- 'are. _. . . . -ems" i. - .. ... ...+*-• Virginia Beach Financing (include current Q mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) D II2T Legal Services ,_,/ Real Estate Brokers /Agents for 0. LAI current and anticipated future sales of the subject property 4 p SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development • contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: ? I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1 APPLICANT'S SIGNATURE JA r'e 1 dente PRINT NAME DATE r 1�, ri 't► M ; e cern.'- PROPERTY OWNER' •IGNATU`� PRINT V RatoetdjrDATETEN Ji 1111E ny . 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. V le- 1.1.1 r H -- 17) N Ce N n CL Z c.4 COCI LI_ CD 10o Q W a U Y+ , CL ce ti n V 1.0uS CN U CD W Z Q = Wr. o J' ZL11z . o N J U 0 Q - " QoOz o r' � t� � za m (7 a r I C/) O M o a i; j 0 Z o 5 % a> I LL U CC a / a2i d {Z /N ti Q / CD U X ( ; / 1 --_ QH >40 N(IHIB N f Lo N 1 (.,,,,i,'.. o IEll , ; It I `° a� 4 rlCO iTO: N W /- / 1 I I U_ PPG1f1Cr GA1 , <n Q t tli lk F_,,, Q /l/ o 0 a '� �'p1 :IRANEGK RDSQ. O O._ i,8 A W 0 o N i�inb�wwns 0 = cu ��8 a) CD C iJ J CU mn a P rc :.yy 4tii Y iv, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Adopt a City Council Policy Regarding Constitutional Officer Compensation Process MEETING DATE: October 6, 2015 • Background: Constitutional officers are a unique aspect of local government in Virginia. The Virginia Constitution provides for their existence. The voters of the City elect them. The duties of such officers are prescribed by the General Assembly through general law or special act. The compensation for such officers is often a mix of state and local funds. The state compensation is set forth in the relevant Appropriations Act, and the State Compensation Board administers such state compensation. The City contribution, if any, comes in the way of a supplement. Virginia law provides supplements are at the discretion of the local governing body, and supplements are wholly payable from local funds. The City-provided supplement to the salary levels may be used to establish fair and competitive levels of compensation for these positions. • Considerations: The attached resolution and policy establish a formal process for setting the cumulative salary of the constitutional officers. Because these salaries are a piece of the funding of the offices of the various constitutional officers, the process parallels the budget process. This also allows the process to be transparent and predictably timed. As described in the policy, the City Manager, with the consultation of the Director of Human Resources, would put forth a recommendation for the City's supplement. The Council would have the opportunity to act upon such recommendation in the passage of an ordinance or resolution. • Public Information: Public information will be provided through the normal Council agenda process. Additionally, this item was discussed briefly at the Workshop Session on September 22, 2015. • Recommendations: Approval of Resolution • Attachment: Resolution; Exhibit A: City Council Policy Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manage 01-, S8692? EXHIBIT A 5 -,s,ttt* Policycity Council v,, Title: Cumulative Salaries for Constitutional Officers Index Number: Date of Adoption: Date of Revision: Page 1 of 2 1.0 Purpose and Need Constitutional officers are a unique aspect of local government in Virginia. The Virginia Constitution provides for their existence. The voters of the City elect them. The duties of such officers are prescribed by the General Assembly through general law or special act. The compensation for such officers is often a mix of state and local funds. The state compensation is set forth in the relevant Appropriations Act, and the State Compensation Board administers such state compensation. The City contribution, if any, comes in the way of a supplement. Virginia law provides supplements are at the discretion of the local governing body, and supplements are wholly payable from local funds. The City-provided supplement to the salary levels may be used to establish fair and competitive levels of compensation for these positions. 2.0 Policy Statement The purpose of this policy is to establish a formal process for setting the cumulative salary of the constitutional officers that is transparent and predictably timed. 3.0 Definitions 3.1 Constitutional Officer: Those officials described in Article VII, Section 4 of the Virginia Constitution: Sheriff; Commonwealth Attorney; Commissioner of the Revenue; Treasurer; and Clerk of the Circuit Court. 3.2 Cumulative Salary: Total annual payment from all sources for services provided. 3.3 Salary Supplement: Funding provided by the City that is in addition to the salary provided by the State Compensation Board. By statute, a Salary Supplement is wholly payable from local funds and at the discretion of the local governing body. 4.0 Applicability This policy applies to the five constitutional officers. Title: Cumulative Salaries for Constitutional Officers Index Number: Date of Adoption: Date of Revision: Page 2 of 2 5.0 Procedure 5.1 Each year, the City Manager shall prepare in his recommended budget to the City Council a separate resolution that provides the Cumulative Salary of each Constitutional Officer. This resolution reflects the recommendation developed by the City Manager and the Director of Human Resources. Such recommendation shall be based on sound personnel considerations including internal and external equity, market factors and take into account the state compensation structure, the complexity of the position, and other economic factors impacting the City's budget. 5.2 The resolution shall separately provide the state compensation and the local supplement. The local supplement shall include any bonuses planned for the upcoming fiscal year. 5.3 If the Council does not adopt a resolution before June 30th, the City Manager shall set the Cumulative Salary using a local supplement that equals the amount provided in the previous fiscal year. 5.4 Any compensation adjustment for a Constitutional Officer subsequent to adoption of such resolution requires a separate resolution. 6.0 Revisions to Policy The City Council may revise this policy at any time. Approved as to Legal Sufficiency: City Attorney Date Reviewed by: City Manager Date APPROVED BY CITY COUNCIL: Mayor Date 7 �c #�yj •om' '» CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Directing the City Auditor to Conduct an Audit of all Department of Human Services Programs that Include (1) Managing Clients' Personal Funds or (2) Collecting Payments from Clients MEETING DATE: October 6, 2015 ■ Background: The City Auditor and the Department of Human Services ("DHS") recently briefed City Council regarding the likely theft of client funds by a former DHS employee. The briefing made clear the need for an audit of DHS programs involving management of clients' personal funds as well as the collection of payments from clients. • Considerations: City Code § 2-470 provides that City Council by resolution may request an audit that is not part of the City Auditor's annual audit schedule. The attached resolution directs the City Auditor to conduct an audit of all DHS programs involving DHS management of clients' personal funds as well as the collection of payments from clients, and the resolution provides that the audit shall be conducted in two phases. Phase 1 will address: (1) whether each program has documented policies and procedures; (2) whether those policies and procedures have adequate internal controls; and (3) whether DHS staff and vendors with which DHS contracts to manage client funds are meeting all contractual terms to ensure the proper safeguarding of clients funds. Phase 2 will address whether internal controls for handling client payments are designed effectively and operating as intended. The resolution further provides that the Auditor may submit an appropriations ordinance for Council's consideration if the Auditor concludes that it would be prudent and cost effective to retain on a contract basis the services of one or more auditors to augment his staff to perform the work contemplated by the resolution. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wood REQUESTED BY COUNCILMEMBER WOOD 1 A RESOLUTION DIRECTING THE CITY AUDITOR TO 2 CONDUCT AN AUDIT OF ALL DEPARTMENT OF HUMAN 3 SERVICES PROGRAMS THAT INCLUDE (1) MANAGING 4 CLIENTS' PERSONAL FUNDS OR (2) COLLECTING 5 PAYMENTS FROM CLIENTS 6 7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That, pursuant to City Code 2-470, the City Auditor is hereby directed to conduct 11 an audit of all Department of Human Services (DHS) programs that include (1) 12 overseeing or managing clients' personal funds (e.g., checking and savings 13 accounts) or (2) collecting payments from clients. 14 15 2. That the audit shall be conducted in two phases and shall address: 16 Phase 1 17 (A) whether each program has established documented policies and 18 procedures. 19 (B) whether the procedures address internal controls for overseeing or 20 managing clients' personal funds including: 21 - preparing budgets and monthly expense reports, 22 - requesting payment of client expenses, 23 - completing and reviewing bank reconciliations, 24 - record retention of supporting documentation, and 25 - any other key internal controls. 26 (C) whether DHS staff and those organizations contracted by DHS to 27 manage client funds are meeting all contractual terms to ensure the proper 28 safeguarding of client funds. 29 30 Phase 2 31 whether internal controls for receiving, depositing, safeguarding, and 32 reconciling payments and handling of cash are designed effectively and 33 operating as intended. 34 35 3. That the City Auditor, in order to ensure a value-added and efficient audit, shall 36 use a risk assessment process to determine those clients and transactions to be 37 audited. 38 39 4. That, pursuant to City Code 2-468, the City Auditor shall have unrestricted 40 access to, and inspection of, all City and contractor records, including bank 41 statements and supporting documentation to support all transactions. 42 43 5. That if the City Auditor concludes that it would be prudent and cost effective to 44 retain on a contract basis the services of one or more auditors to augment his 45 staff to perform this work, and the City Auditor concludes that additional funds 46 are needed to pay for these services, then the City Auditor shall submit an 47 appropriations ordinance for consideration by City Council. 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 members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13495 R-2 September 28, 2015 U ( I„eA',”15sIf,,C -Ji. ♦ *Nxefxj T• .w CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Carry Forward and Appropriate $1,309,400 for Purposes Previously Approved in FY 2014-15 into the FY 2015-16 Operating Budget MEETING DATE: October 6, 2015 • Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. However, funds that were approved for a specific purchase or contract, but remain unobligated or unencumbered at the end of the fiscal year lapse by operation of law. The originating departments may request such funding be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2014-15 to purchase a piece of equipment or renovate a small building but, due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by City Council by a budget amendment or City Manager by authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements (discussed below) and also to ensure that there is sufficient fund balance to meet City Council's fund balance policy. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • The funds requested to be carried over must remain in the same fund, budget unit, and account code in the new fiscal year as they were in the old fiscal year; • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as personal services, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget Ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $1,309,400. Of that amount, $179,323 is for the General Fund; $237,000 is for the Sheriff's Federal & State Seized Assets Special Revenue Fund; $695,077 Police Federal & State Seized Assets Special Revenue Fund; and $198,000 Public Works Fuel Internal Service Fund. • Public Information: Public information will be handled through the normal City Council agenda process. • Attachments: Ordinance, Exhibit A: FY 2014-15 Items Requested for Carry Forward into FY 2015-16 Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: �`- , 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $1,309,400 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2014-15 INTO FY 2015- 4 16 OPERATING BUDGET 5 6 Whereas, funding totaling $1,309,400 were unexpended at the close of the FY 7 2014-15 fiscal year and require re-appropriation to achieve the purposes for which such 8 funds were included in the FY 2014-15 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $1,309,400 is hereby appropriated in the FY 2015-16 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2014-15 15 Items Requested for Carry Forward into FY 2015-16," with revenue from the respective 16 fund balances of each fund. Requires an affirmative vote by a majority of all of the members of City Council. 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: 12) 0 ,, Budget and Management ervice. Ci y A tttorney s • ice CA13494 R-1 September 15, 2015 Exhibit A: FY 2014-15 Items Requested for Carry Forward into FY 2015-16 Department Amount Purpose General Fund Replacement computers and new GIS software to Public Works-Operations $14,000.00 perform mapping functions. Replacement computers and new GIS software to Public Works-Operations $6,000.00 perform mapping functions. Meet grant obligations,agreement between Cultural Affairs $5,051.00 Commission and City of Virginia Beach. Emergency Communications&Citizen Services $26,547.00 Renovation project in building 30. Computer for Aquarium Foundation position that was Museums $1,787.00 appropriated by City Council in FY15. Museums $7,000.00 Tree trimming in and around Aviary. Museums $4,000.00 Uniform and costumes for history museums. Configuration needs related to Accela Software for Housing& Neighborhood Preservation $19,745.00 field automation. Housing& Neighborhood Preservation $95,193.00 Spot Blight Abatement of 3105 Newbern Lane. $179,323.00 Sheriffs Federal&State Seized Assets Special Revenue Fund Sheriff $237,000.00 Asset Forfeiture Grant $237,000.00 Police Federal&State Seized Assets Special Revenue Fund Police-Special Investigations $12,737.00 Crisis Intervention Training Police-Special Investigations $1,340.00 Crisis Intervention Training Police Special Investigations $66,090.00 Crisis Intervention Training Police-Special Investigations $15,672.00 Crisis Intervention Training Police-Special Investigations $2,000.00 Crisis Intervention Training Police-Special Investigations $2,933.00 Crisis Intervention Training Police-Special Investigations $19,423.00 DCJS Seizure Funds for leadership training Police-Special Investigations $20,000.00 DCJS Police Academy Recruitment Police-Special Investigations $3,600.00 DOS Purchase K9 Dogs Police-Special Investigations $36,497.00 1st Precinct Renovations Police-Special Investigations $200,000.00 In car cameras Fixed percentage of vehicles value to federal agencies Police-Special Investigations $10,000.00 to take ownership Police-Special Investigations $10,870.00 DOS Training and travel planned Police-Special Investigations $8,915.00 Confidential investigative funds Police-Special Investigations $285,000.00 Two Special Investigation Vehicles $695,077.00 Fuels Internal Service Fund Public Works-Fuels Internal Service Fund $198,000.00 Purchase wireless automated fueling units for vehicles. $198,000.00 i otal Larry Forward Request $1,309,400.00 II 11 Cin''in-.,,,`y rS a �'.)1, t'04I� �:Vt ,, t,y -Yl`V`4 Jy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $1,106,510 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2015-16 Operating Budget of the Convention and Visitors Bureau for Advertising and Marketing Efforts MEETING DATE: October 6, 2015 ■ Background: In August 1995, the City Council established the Tourism Advertising Program (TAP) Special Revenue Fund with the intent to utilize the TAP Fund for the City's travel and tourism advertising programs. This fund collects revenues dedicated from one cent of the percentage-based portion of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat lodging tax of one dollar per night. The Council has continued its support by appropriating these revenues to the TAP Fund in the Operating Budget for the City's advertising and marketing programs to promote and increase tourism, conventions and amateur sports competition visitation to the City. These programs include the operation and maintenance of the Visitor Information Centers and additional regional and national advertising for the City with increased emphasis on marketing through the City's website, www.visitvirginiabeach.com, and a variety of electronic media. • Considerations: At the close of FY 2014-15, the TAP Fund had an un- appropriated fund balance of $1,206,510. The fund balance results from previously appropriated funds that lapsed at the end of the fiscal period and accumulated interest. Additionally, revenues from the previous fiscal year that exceeded estimates are available for appropriation by Council. After review of the available fund balance, the CVB requests the appropriation of $1,106,510 from the fund balance for the following marketing purposes: 1. Increase investment in participatory sports events, domestic leisure, and international leisure marketing programs, including more aggressive national public relations programming, to take advantage of new opportunities and counter more active investment by the City's competitors ($400,000); 2. Continue to increase functionality of web-based mobile phone and tablet informational and promotional solutions for leisure transient and group, convention sales, convention center and sports marketing, as well as to address continuing critical needs in information technology infrastructure ($300,000); 3. Dramatically expand and enhance CVB-specific social media marketing programs across all CVB Divisions ($200,000); and 4. Complete the new Live the Life/This Is the Life/Three Beaches-One Vacation leisure section of VisitVirginiaBeach.com and update other CVB Division sections to enhance sales capability and provide Internet brand continuity ($206,510). If these funds are appropriated, the TAP Fund will have a fund balance of $100,000 to allow for an emergency reserve. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Approve the attached budget amendment ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau CityManager: S k 1 AN ORDINANCE TO APPROPRIATE $1,106,510 2 FROM THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND TO THE FY 2015-16 OPERATING BUDGET 5 OF THE CONVENTION AND VISITORS BUREAU 6 FOR ADVERTISING AND MARKETING EFFORTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $1,106,510 is hereby appropriated, with revenue from fund reserves 12 increased accordingly, to the Convention and Visitor's Bureau's FY 2015-16 Operating 13 Budget for various advertising and marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget d Management Serv' es Cit 's ffice CA13498 R-1 September 22, 2015 r4-G.,:82,, I'O�'�, i1. :_; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Special Revenue Fund to Purchase Police Protective Gear MEETING DATE: October 6, 2015 • Background: The Police Department requests the use of $80,000 from the fund balance of the Police State/Federal Seized Fund to purchase additional protective apparel for sworn personnel. These funds will purchase 258 additional body armor vests to be assigned to every patrol vehicle and most specialty vehicles for use during active shooter or other high risk incidents. These vests will supplement the individually assigned protective body armor currently worn by sworn personnel. They will provide sworn personnel with additional protection during these incidents. • Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. According to the Department of Justice, these funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission and cannot be used to supplant local funding. • Public Information: Public information would be made available through the normal Council Agenda process. • Recommendation: Adopt the attached budget amendment ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: S\14 : 3646N,41. 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND TO PURCHASE POLICE PROTECTIVE 4 GEAR 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $80,000 from the fund balance of the Federal/State Seized Assets Special Revenue 10 Fund is hereby appropriated, with revenue from specific fund reserves increased 11 accordingly, to the Police Department Operating Budget for 258 additional body armor 12 vests. 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: B(/R717 (mm # Budget and Management Service C orne Office CA13499 R-1 September 22, 2015 K. PLANNING 1. FOREFRONT CHRISTIAN CHURCH for a Modification of Conditions of a Conditional Use Permit re a church (approved July 11, 1995) at 2520 Holland Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. RV MANAGEMENT SERVICES and NORTH LANDING BEACH RV RESORT and COTTAGES for a Modification of Conditions re a campground (approved November 8, 2005) at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. ALLSAFE STORAGE,LLC and OCEANA PARTNERS, LLC: a. Conditional Use Permit re a mini-warehouse b. Modification of Proffers of a Change of Zoning (approved May 9, 2006) at 1325, 1335 and 1345 Oceana Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. TRUSTEES OF EASTERN SHORE CHAPEL for a Conditional Use Permit re a cemetery expansion at 2020 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. RACHELLE M. KITZMILLER for a Conditional Use Permit re a home occupation (Personal Trainer) at 805 Saint George Court DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re a service station with a convenience store at 3001 Silina Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL •l •t-'4+lN 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, October 20, 2015 at 6:00 PM, at which time the following applications will be heard: COUNCIL DISTRICT 2- KEMPSVILLE HOLLOMON BROWN FUNERAL HOME, INC. [Applicant&Owner], Conditional Change of Zoning(R- 5D Residential Duplex to 0-2 Office), 1461 Kempsville Road (GPIN 1465370172) COUNCIL DISTRICT 7-PRINCESS ANNE PI TELECOM INFRASTRUCTURE T, LLC [Applicant] JSW HOLDINGS, LLC [Owner], Conditional Use Permit (Communication Tower - Monopole), 2824 Princess Anne Road(GPIN 1494468755) COUNCIL DISTRICT 6-BEACH LARAE TUCKER [Applicant] MARJORIE E.HARRIS,RT[Owner], Conditional Use Permit (Automobile Service Station), 2456 Virginia Beach Blvd (GPIN 1497852236) COUNCIL DISTRICT 6-BEACH LARAE TUCKER[Applicant]PP&P, LLC [Owner], Conditional Use Permit (Automobile Service Station),3001.Silina Drive(GPIN 1496196871) COUNCIL DISTRICT 6-BEACH WAL-MART REAL ESTATE BUSINESS TRUST [Applicant] HILLTOP COPELAND ASSOCIATES . [Owner], Conditional Use Permit (Automobile Repair Establishment),550 First Colonial Road(GPIN 2407876655) COUNCIL DISTRICT 7-PRINCESS . ANNE SHIP CABIN CLUB,INC.[Applicant] RED HEAD REALTY CORPORATION [Owner], Enlargement of a Nonconforming Use 1117 Shipps Cabin Road(GPIN 2420278988) COUNCIL DISTRICT 6-BEACH CCW DEVELOPMENT ASSOCIATES [Applicant] WAYNE DUPREE [Owner], Conditional Change of Zoning (A-12 Apartment to Conditional A-12 Apartment),596 Sea Oats Way (GPIN 2417825192). Comprehensive Plan:Suburban Area[Resort Area Strategic Action Plan].Proposal is for 8 townhome-style dwelling units (Density of 12 un' per acre) All intere to p 'es are invited to attend Ruth Ho s raser,MMC City Cle 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/oQ 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. R EACO N: OCTOBER 4&11.2015 . 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I _. ,, 0 \ +fit e t 1 II 11 • [ ,,,g-t,,ak f Zj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FOREFRONT CHRISTIAN CHURCH [Applicant & Owner], Modification of Conditions of a Conditional Use Permit for a religious use (church) originally approved on 7/11/1995. 2520 Holland Road (GPIN 1494874511). COUNCIL DISTRICT- PRINCESS ANNE. MEETING DATE: October 6, 2015 • Background: A Conditional Use Permit for a religious use was first approved for this 4.6 acre site in 1995 and has been modified four times. Forefront Christian Church purchased the property in July 2014. • Considerations: Forefront Christian Church desires to modify the Conditional Use Permit to allow for the following changes; • A 7,000 square foot, one-story addition to the existing church structure for a 300 seat sanctuary, offices, classrooms and a lobby with a coffee bar; • A time extension for the two portable units permitting them to remain until the expansion is complete; and • An additional paved parking area for a total of 105 parking spaces. There is a 25-foot or more wooded buffer between proposed church improvements and adjoining residential lots. 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 10-0, 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 August 9, 2011, as well as all previous Use Permits and Modifications, are deleted and replaced with the conditions listed below. Forefront Christian Church Page 2 of 2 2. The site shall be developed substantially in conformance with the concept plan entitled, "Forefront Church Expansion, Preliminary Site Layout Plan," prepared by Pennoni Associates, Inc., dated July 13, 2015 which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the additions to the building are constructed, they shall be in substantial conformance with the renderings submitted entitled, "Forefront Church Additions," prepared by Retnauer Baynes Associates, L.L.C., dated June 29, 2015, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department 4. Every attempt shall be taken to protect all existing trees onsite. Other than dead, dying or diseased trees, the vegetation along the shared property line with the single-family dwellings to the north and northwest shall remain in place and shall be noted as such on the final site plan and Landscape Plan. 5. All portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit and shall be maintained as such. 6. Foundation plantings shall be installed and maintained, adjacent to all portable buildings onsite. Foundation planting beds are required to be a minimum of three feet wide. 7. Final approval for any impacts to the Floodplain Subject to Special Restrictions, as shown on the concept plan identified above, shall be obtained from the Development Services Center prior to release of 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 Departme "'. City Manager: v ' • k Tcji_ S 1 i I PRINCESS ANNE D 2 .IL�I, Forefront Christian Church ,,,,r ,-. -_-- ',--, L // f ---.....L.liir Rio* r ' X10 Pi ` �; u'i Area 2 August 12, 2015 Public Hearing RIO ' L APPLICANT & PROPERTY .�, . • � R7.B OWNER: Vit° �,/ 6 , a* o Ldn FOREFRONT ,�� I! ., . CHRISTIAN —�R40 '---; i,, 9 j!;/ Al 2 ` -- sub lr-�.--Rib'` ,� G �,_P_ CHURCH AG2 'Raft.w*CendliseePseIton.Cow Span Fwaakw Modification of Conditions STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for a religious facility(church) ADDRESS/DESCRIPTION: 2520 Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14948745110000 PRINCESS ANNE 4.6 acres 65—70 dB DNL Sub Area 2 • • BACKGROUND / DETAILS OF PROPOSAL Background The site consists of a one-story church building and 56 marked parking spaces. The existing sanctuary has 220 seats. Portions of the site are currently gravel and accommodate overflow parking.A Conditional Use Permit for the existing church was approved by the City Council in 1995. Since then, there have been several requests for Use Permits and modifications to the Use Permits approved by the City Council: • In 1997, a second Conditional Use Permit for a 600-seat church, to be built in phases, was approved by the City Council. The plan approved with that Use Permit proposed the construction of a 12,100 square foot sanctuary, 2,900 square feet of administrative offices, and a 10,400 square foot youth building. The plan also showed 212 parking spaces located around the periphery of the site, as well as a 15-foot wide evergreen tree landscape buffer adjacent to the neighborhood to the north. • In 1999, the City Council granted a modification to the Use Permit allowing a 50'x48' temporary building to serve as a children's ministry facility. The main sanctuary building, as depicted on the FOREFRONT CHRISTIAN CHURCH Agenda Item D2 Page 1 plan approved in 1997, had been constructed by that time, and it is still located on the site as the only permanent structure. • In 2009, the City Council approved a modification to the Use Permit, allowing one temporary, portable modular structure. • In 2011, the City Council authorized a second temporary structure on the property. A time limit was placed on the temporary units with an expiration date of August 2014. Details The applicant, Forefront Church, bought the property in July of 2014. The church is aware of the expired time limit on the two portable structures and has met with Staff to discuss their future plans for growth and upgrades to the property. This request for a Modification to the existing Conditional Use Permit is threefold: a time extension for the portable units on the site, 7,000 square feet of additions to the existing building, and 105 total paved parking spaces. The applicant has indicated that the church is in the midst of a fundraising effort to expand the sanctuary to 300 seats and add classroom spaces. Currently, worship and educational facilities (including the existing portable structures)and parking spaces are insufficient to meet the demands of the church. The conditions of the 2011 Use Permit is provided at the end of this report. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: church, two portable structures, parking spaces—paved and unpaved SURROUNDING LAND North: • Single-family dwellings/ R-10 Residential District USE AND ZONING: • Vacant land /AG-1 Agricultural District South: • Holland Road • Single-family dwellings/ R-10 Residential District, AG-2 Agricultural District East: • Vacant land, single-family dwellings/AG-1 &2 Agricultural District West: • Single-family dwellings/ R-10 Residential District NATURAL RESOURCE AND The site is located within the Southern Rivers Watershed. The CULTURAL FEATURES: northeast portion of the property is heavily wooded and falls within the 50-foot buffer, as West Neck Creek borders the property to the north and east. No land disturbance is proposed within the 50-foot buffer. A portion of the site is within the Floodplain Subject to Special Restrictions. Approximately 30,000 square feet of the site is within the AE flood zone. A small amount of encroachment into the AE zone, 1,450 square feet, is proposed to be filled in order to increase the number of parking spaces. An equal area of mitigation is proposed for this minimal impact to the floodplain. Staff has determined that the request qualifies under the terms set forth in the Floodplain Ordinance for an administrative review of a Floodplain Variance. The administrative variance request for encroachment into the Floodplain Subject to Special Restrictions will be reviewed concurrently with the final site plan review through FOREFRONT CHRISTIAN C1Ht IrrH Agenda Iteni<D2 Page 2 the Development Services Center. 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, installation of effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2.). 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a two-lane minor suburban arterial, with this segment listed in the Master Transportation Plan Major Street Network Ultimate Rights-of-Way as a four-lane minor arterial in a 110-foot right-of-way. The site is along CIP Project#2-158 to widen Holland Road; this VDOT-managed project is under construction and utility relocation is ongoing. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 15,000 ADT 1(LOS 4"C") Existing Land Use 2-390 ADT Holland Road 14,400 ADT 16,200 ADT ' (LOS 4"E") Proposed Land Use 3-530 ADT 'Average Daily Trips 2 as defined by Sunday trips based on existing 7,600 square foot church 3 as defined by Sunday trips based on proposes church additions for a total square footadge of 12,765 square feet LOS=Level of Service WATER&SEWER: This site is currently connected to City water and sewer. The existing 5/8`"-inch meter may be used or upgraded. Analysis of Pump Station#623 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. • EVALUATION AND RECOMMENDATION Staff believes there are several compelling reasons to allow an extension for the portable structures on the site: the applicant recently purchased the church, the portables are not visible from the public right-of- way, and the existing dense vegetation along the side and rear property lines provides good screening. There is a natural vegetative buffer, which is 50 feet in width at the narrowest point, between the proposed parking lot and the adjacent single-family neighborhood. As was the case in 2011, protection of this buffer, as identified in Condition 4 below, is recommended to ensure consistency with the Comprehensive Plan's neighborhood preservation and open space planning principles for the Suburban r, FOREFRONT CHRISTIAN'CHU .-; Agenda Item D2 Page 3 Area. It is Staff's opinion that the extended use of the portable units is an acceptable interim solution to meet the needs of the church until an expanded worship and education center can be built. The submitted building renderings are, in Staffs view, complementary to the existing church structure and will be an enhancement to the site. The proposed parking lot expansion certainly appears necessary, as is evident by the church's use of the unimproved grass and gravel parking areas. Based on the considerations above, Staff recommends an extension to the time limit of the structures and approval of the church's building and parking lot additions, as conditioned below. These conditions will replace the previously approved conditions from 2011. • • CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 9, 2011, as well as all previous Use Permits and Modifications, are deleted and replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the concept plan entitled, "Forefront Church Expansion, Preliminary Site Layout Plan," prepared by Pennoni Associates, Inc., dated July 13, 2015 which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the additions to the building are constructed, they shall be in substantial conformance with the renderings submitted entitled, "Forefront Church Additions," prepared by Retnauer Baynes Associates, L.L.C., dated June 29, 2015, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department 4. Every attempt shall be taken to protect all existing trees onsite. Other than dead, dying or diseased trees, the vegetation along the shared property line with the single-family dwellings to the north and northwest shall remain in place and shall be noted as such on the final site plan and Landscape Plan. 5. All portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit and shall be maintained as such. 6. Foundation plantings shall be installed and maintained, adjacent to all portable buildings onsite. Foundation planting beds are required to be a minimum of three feet wide. 7. Final approval for any impacts to the Floodplain Subject to Special Restrictions, as shown on the concept plan identified above, shall be obtained from the Development Services Center prior to release of the final site plan. Y ',ti, FOREFRONT CHRIS ' I'-OI1 :� tH, CI, `',, Agenda It D2 Pae4 r 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. �r1C� t FOREFRONT CHRISTIAN N CH C'H. ' : - Agenda Ite ': D2 Pa+e5 1 Conditions of 2011 Conditional Use Permit Modification 1. The proposed temporary structure planned for the site must be developed in substantial conformance with the revised marked-up survey by Ward M. Holmes and signed May 12, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The temporary structure is approved for a period of five years from the date the August 25, 2009 Conditional Use Permit was granted. 3. The landscape buffer depicted on the plan must be developed as a 10-foot(10')wide planting bed extending eighty feet(80') in length along the front portion of the proposed temporary structure. A double row of wax myrtle 5'-6' in height, at planting, must be installed in the landscaped area prior to final plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. 5. The rear parking lot shall be improved with paving, striping, and landscaping in accordance with City codes or be removed and restored back to a grassy area as depicted within the submitted survey. A plan to either restore this area to grassy condition (as shown within the submitted 2009 survey)or to improve the rear parking must be submitted within 60 days after City Council approval to the Planning Department/Development Service Center. 6. Every attempt shall be taken to protect all existing trees onsite. For every damaged or removed tree, mitigation of two canopy trees shall be installed in its place. 7. All portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 8. Foundation planting shall be installed adjacent to all portable buildings onsite. One tree shall be provided for every 12 linear feet of portable building façade visible from the parking lot. Foundation planting beds are required to be a minimum of three feet wide and trees within the planting bed shall be a minimum of five to six feet in height at the time of planting. CONDITIONS OF PREVIOUSLY APPROVED MODIFICATION TO THE EXISTING CONDITIONAL USE PERMIT Na 1.,-(3 V.g'i.'P� —: FOREFRONT CHRIST ►NOH CH '>=.-. Agenda Ite D2 - 1 Pa e6 (t A -- IF d , .-' CU fri t t .** '' 1 . f -1.4 „- i. -"- , m 10111 ' , s 1 i i vet A' c• . I ‘ `A . 7, . I TIPII.-1 , , a1 , 64 , 1 0 + "4.4a,- . ..i. -. - - 1 1 V. .4- . 7it 0 4 ;',..y J. , t',, L,, t , , lim:iwt- , - r ,z. . ...” , 2, fr i ", z ' , - 1 ; - ; kw • r b Att''' t A., /' -k-• ,, i , • , CO s 7• , f 14 11, \et 1 a .'. A / •, , 7& * k,.7: tr AERIAL OF SITE LOCATION _. ..,.....„..,„„,_ BEW?;"41 il 1 FOREFRONT CHRISTIAN CHURCH i,j,<1020 1 Agenda Item D2 Page 7 1 i 1 _ I 1 I, I I. 6 O 2 r 6 , 0: I ti w 1 . m E�'y i g q� Y ^xi pp 2 111 a ; !ri ayg9gia iI11 et t.. O u. 8I to 1 p L E 1 L , 4.,' o, nct n, 34 c ; r '/ T./ —7V 2 Y.;. J, t r. o c" 1% V� '_ � 4, t i , cJ 2•G n. u� aJ _, ow;wx+o� ______ __f -- ""' Q -111• II �i}� :::1":‘,,,,4. rt f ii- - �, i 1 tf _:It 1 1. 1 i1 l l{Ili�i � 1114Fre:, 4, � iii::11::7101. 1....,1:=71: :11,,,,- :,N4 i I i , , .., 4,01 1 " .,.. ,, , ,,,, v(.44w A 1 I �� vim% g / \ 40 61 (.. _ 2 , 611 I1 LANE - - - —- \ W _ I a 1ilhiyfMrallLltRf I• nor wa iI S PROPOSED CONCEPT PLAN FOREFRONT CHRISTIAN CHURCH _�� i Agenda Item D2 1; , Page 8 \t, d S f11ix r Q , ,it Y V Iiill ' 0000100. F I< i h ��` Ce ►- /1 s V 11 t.:: N .„ _ I,. Li, ystr� QI Y�I ,i, Ifht Le 4k i Y,@ P1114 h $ }99 a s :. u.Z MI s -�� E��t' i_ ill! ;I 'Ei' SPY n 1 /- sC 4 V. �e so iJ�t� 'T in c nwu gLg a� d e +e T i e t l I i-'" I( ../ nw. rnnour s 'i t . l i � y 0. ti ,I� 1 E 9 � �, ,,,..w.....•)-!,L ✓.� it I _ 17 9G 0 r 1 tf,,.., ,, ., -;,,,. 9.,4..,".x-`,4.4 iiniic—-—c 41 , 1 1),, . i i•:-i-!; Z. LM WOOD _ ''gym = LANE = , .4.1 A 0111 N el I* ). K L Ililpi PROPOSED CONCEPT PLAN — Color Version FOREFRONT CHRISTIAN CHURCH Agenda Item D2 Page 9 h IO A. N INF)' DELINEATED Y N/F ALOT CORPORA770N x' aIGH so, ` 5 ] y. UiLINAS DELE OE . sn WETLANDS 4] WOLFE ENVIRONMENTAL) '•55 5 ,N 5> N m ' x DELINEATED ' 2 I GROUND >.0 505 =6 17 9 510 ( 2.2' OU >1.. . 91 511- N] NDA • 511 I W( FOUNDATION 511-e j \• \�/ / Il IP(F) BANN�� I 4F NCE PCRT SHEDIPART OF •w PARCEL A I$ 4, 4.53 ACRES ^^I •- 2 v RAZ . 4 SUBDIVISION OF N `:<' 1 .,FARV.1 NOR771 Ai. PHASE 1 '�;;�`'� . ", / ,, :'A..:4‘ P Y 1 7D- ij 92COW i. Imo' R �6ANK N 6'W000 FENCE EDGE� ' 1 I 1 ' ASPHALT .- INF 11 l 1t I I LJ, 1 1 1 ( 1 1 1 1 1 ,1 i 10' 01 los ma< 1. —.— MA PUMP 1 INF APE a rAU' E S 37'59'18' E 243.66' L=200.29 R=2053,50:;::: PP o of oY F DITCH P� H®GL;ANL3 gay (W-LE R/w) 50'- Bar .01Mytkt-.7 _... WARD M.HOLMES UC Nu1403 HIC SCALE �� q Zlf Qy a- `^a su > eLfp( 60:11- WARD M. HOLMES x w . ..., >•AA{&25,.2 `L1 LAND SURVEYOR, P.C. 9225 GRANNY STREET 2011 APPROVED CONCEPT PLAN FOR SECOND PORTABLE UNIT FOREFRONT CHRISTIAN CHURCH Agenda Item D2 Page 10 I IIII -- I -II z0 F U D I- M --- a z a b b a I s I I I., p i COI iiiii 1 [ 1 p C K. i 1 I1 I 1- I 1 i In 1 Al II I I t Hi II i i fg� 14 ! biy 1 0 0 g):1C 0 Q a F o a o 1 }I t� . r Ftl .1 is Its eezsg1...4a a U' . 0 � m c ' s 0 - L 5g� 8 u4 µ8th 21 G,-; b...a Q F a Oh.Nfip 1,. ., ,;,-i.' ri il 0,k, -,-, %.{ \I - , Nit i I • if so . 440' 1 1 I;,1 I\s i cl<I°I:0 2: _ , , , _ ...,s___;"—__,,t ' ilp ❑ s Q 3 TARE ... •_ c §,.. �a .ro. Y� 4. :71/1161, , pp2 0 £ cv o ., Ej/ I PROPOSED LANDSCAPE PLAN j1 FOREFRONT CHRISTIAN CHURCH46'I Agenda Item D2 1,7' I k Page 11 1, ' 9V 0 *4.-s ��'E�u.:r"s S SNOI1VA313 0380103 3SO iVNO1110NO3 `F 2 0 c S•±s"'/i ( `) VA H3V32 VINIOMIA OVOd ONV11OH ';y'- i a o��;" SNOI11001,80.21180 180813E104 4,4 /r `... E r. i ',1�` S. . ` v .,. ...1(i4.1 r y ilet :14.:1‘,4:7"'^ ► 1 'A;P;i1..17'.1,4*?4:11'....• a r z w wd „1---,.-.•' g ., ,:',..4•,., `A ;< F o E t E . o 0 0 • .‘7!..--' y ; o N 33 R '' l: f #I 4 "'. ,.,;'rte i.,i ,, IA .1 } RN ', ., +1 1L- ._. f --. '`I .-1 .�: i'ai ii__,, t-1 T. I 1` PROPOSED BUILDING ADDITION ELEVATIONS i FOREFRONT CHRISTIAN CHURCH ,L� . Agenda Item D2 i Page 12 41111/41143,-, ' Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I^) Check here if the APPLICANT IS a corporation, partnership, firm, business, or -OR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: NO INS OF RE/CSIOS�tBMITIED DATE DATE: et.• 73- )5- ig 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) Forefront Christian Church - Dan Pollard and Jason Ridell Tries-f6c-.5 ; "Do kjlas C. A+ k+hs <evil- inn: tlir • nthcr (B) List the businesses t' at have a parent-subsidiary � or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. fr 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. 0 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) 1 Accounting and/or preparer of your tax return n LI Architect / Landscape Architect / 'r VV er 13xs3vt&s •L Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed EI purchaser of the subject property (identify purchaser(s) and purchaser's service providers) gConstruction Contractors riEngineers /Surveyors Pennoni Associates Inc. 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. \B„0„ Virginia Beach Financing (include current Christian Financial Resources mortgage holders and lenders 773 Stirling Center Place ISI selected or being considered to Lake Mary, FL 32746 provide financing for acquisition or construction of the property) ❑ ® Legal 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 an interest in the subject land or any proposed development ❑ ❑X 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 ny public body or committee in connection with this Application. Dan Pollard APPLI ANT'S SIGNATURE PRINT NAME DATES-2-15 Jason Bedell PROPER�1 'S GNATURE PRINT NAME DATE 6-2-15 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. Item#D2 Forefront Christian Church Modification of Conditions 2520 Holland Road District 7 Princess Anne August 12, 2015 CONSENT An application of Forefront Christian Church for a Modification of a Conditional Use Permit for a religious facility(church)on property located at 2520 Holland Road, District 7, Princess Anne. GPIN: 14948745110000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 9, 2011, as well as all previous Use Permits and Modifications,are deleted and replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the concept plan entitled, "Forefront Church Expansion, Preliminary Site Layout Plan," prepared by Pennoni Associates, Inc.,dated July 13,2015 which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the additions to the building are constructed,they shall be in substantial conformance with the renderings submitted entitled, "Forefront Church Additions," prepared by Retnauer Baynes Associates, L.L.C., dated June 29,2015,which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department 4. Every attempt shall be taken to protect all existing trees onsite. Other than dead,dying or diseased trees,the vegetation along the shared property line with the single-family dwellings to the north and northwest shall remain in place and shall be noted as such on the final site plan and Landscape Plan. 5. All portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit and shall be maintained as such. 6. Foundation plantings shall be installed and maintained,adjacent to all portable buildings onsite. Foundation planting beds are required to be a minimum of three feet wide. 7. Final approval for any impacts to the Floodplain Subject to Special Restrictions,as shown on the concept plan identified above,shall be obtained from the Development Services Center prior to release of the final site plan. A motion was made by Commissioner Thornton and seconded by Commissioner Wall to approve item D2. Item#D2 Forefront Christian Church Page 2 AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a verbal vote of 10-0,the Commission approved item D2 for consent. Scott Chewning appeared before the Commission on behalf of the applicant. PRINCESS ANNE Mapoifo8cale Forefront Christian Church i6. dill -41i „ „ / / „..,„ s/ , ---441 , ili .jr, / , �41010 /0, .J..„,,, it›-/J J `1 4, , 4, "..ttlik 0 ir,4k 4,A11.4k. , 1.1.5:-ti- 0,,, ,,,/,„, ,,- , Af:irra/i) 114(0,460%wif.015;•1411„j,„,,, /°4, A201 „,:::/ ,„- /\,V1,:e5-. - . --7w / 4466 t* . l a itit, L x'12 .,, if/ ,..4#0;14. / l !1 • li ' 1 ite *0//401414,in / - 44; , 1,„ . LI 41 . ,<› ;Fri'? - : , A, ", ' '/ ./ 9 -4IN ifilli ' //:". I:1 ' 1011 14 iir ` 04 ":„ /4" /I/ Art 4,0, / A '' 11-4 Ai - /2 * / =4". 4 P % ' ' eftfikek tiro - .., Ith. rr /,',,,=.,:-// 7 ir4v io* At . . iii :///::: 417lam, 'A� .,�t , r �0 u. AG2 ri efittn.147 or.s.cr Air , , ,_ (19,4„, <>6 v. vavir --...,4„L,' WC C144,"Irsh,4! •Zoning with conditionsip,off rs,Open space Promotion Modification of Conditions 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 08/09/2011 MOD of Conditions Granted 08/25/2009 MOD of Conditions Granted 02/23/1999 CUP(Church Expansion) Granted 11/18/1997 CUP(Church) Granted 07/11/1995 CUP(Church) Granted 2 11/23/1993 CUP(Animal Hospital) Granted 3 05/12/1992 REZ(AG-1 Agricultural to R-7.5 Residential) Granted ZONING HISTORY FOREFRONT CHRISTIAN CHURCH Agenda Item D2 Page 13 V *I \ WI' C cci. ot a. I Princess Anne Road ... ..,,,,, E oadE w� _�__... kJ a to . : c N V 3 .4,.., ,... 4i a H a CD o • O a u 4A � v � al a = Q o ca W = 2 i .. 0 44IV 0 CJ 0 N I- U `' Q otn et, > o g2 on-t3 CEto W Ln t z i5 z Qc3 c Q J iytr, u v s W C i V 'L O za z a :° I it [ .-"tliri-ii?,.,, f04jjj �_ 13L0!! ('; .rr+ C J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RV MANAGEMENT SERVICES [Applicant] NORTH LANDING BEACH RV RESORT & COTTAGES [Owner], Modification of Conditions of a Modification of Conditions (Campground) application approved by City Council on November 8, 2005. 161 Princess Anne Road (GPIN 2317412793). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: October 6, 2015 • Background: A Conditional Use Permit for a 306-site campground was originally approved for this 96 acre site by the City Council in 1971. A Floodplain Variance and a modification to the Conditional Use Permit were approved in 2005 to allow for six one-room cabins, nine permanent campers and associated fill material. The result was an overall reduction of the number of recreational vehicle sites to 202. • Considerations: Currently, the campground has a new owner and is under renovation to upgrade amenities and landscaping. Proposed new features include a playground, a miniature golf course, a craft and game building, an indoor recreation building, a maintenance building, a beach monitor structure, a scout camping area with up to 13 park model trailers and a screened trash drop- off area. Many of these renovations are permitted under the existing Conditional Use Permit; however, requested additional buildings and camping areas require review and approval by the City Council. It is the intent of the applicant to transition the campground into a high quality, top-rated RV park. 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 10-0, 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 November 8, 2005, are deleted and are replaced with the conditions listed below. RV Management Services —VB, LLC Page 2 of 3 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road, Virginia Beach, VA for RV Management Services —VB, LLC, Proposed Improvements," prepared by KLO & Associates, dated July 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 & L-02," prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All other planting and screening requirements shall be met, as per City requirements. 4. When the buildings and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Rendering — Craft & Game Ctr.," "Renderings — Recreation Ctr.," both prepared by Ionic DeZign Studio, the photographs entitled, "Maintenance Storage Buildings," "Refuse Enclosure," "Beach Monitor Shack," all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. The park model trailers located in the "Scout Area," as depicted on the exhibit identified in Condition 2 above, will be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. Evidence of such licensing shall be submitted to the Planning Department, Environment and Sustainability Office, on an annual basis and prior to issuance of a Certificate of Occupancy for the use of the "Scout Area." 7. The beach monitor shack, as depicted on the exhibit identified in Condition 2 above, shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10.The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to issuance of a building permit. RV Management Services-VB, LLC Page 3 of 3 11.Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12.Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state and local agencies. Adjacent and parallel to the area depicted as "Scout Area" on the exhibit referenced in Condition #2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review. Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. • 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,ap?otr__. City ManageriL ' k , 3002- PRINCESS :;" 6 '� RV Management Services—VB,LLC 01 1 P , AG-, September 9, 2015 Public lars Ilan 65 de OM MalZ 1 Hearing APPLICANT & PROPERTY OWNER: "''"�� "° ' R'.r SITE RV MANAGEMENT AO1G • SERVICES - VB, LLC AG-1 Modification of a Conditional Use Permit for a Campground STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for a campground —approved by the City Council on November 8, 2005. ADDRESS/DESCRIPTION: 161 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 23174127930000 PRINCESS ANNE 96 acres Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The Conditional Use Permit permitting the 306-site campground was originally approved by the City Council in 1971. A Floodplain Variance and a modification to the Conditional Use Permit were approved in 2005 to allow for six one-room cabins, nine permanent campers and associated fill material. The result was an overall reduction of the number of recreational vehicle sites to 202. The existing Conditional Use Permit has three conditions. The full list of the conditions is provided at the end of this report. The applicant, currently operating eight other similar properties, has recently acquired the 96-acre campground. Currently, the campground is under renovation to upgrade the facility's amenities and landscaping. Many of these renovations are permitted under the existing Conditional Use Permit; however, the requested additional buildings and camping areas require review and approval by the City Council. It is the intent of the applicant to transition the campground into a high quality, top-rated RV park. Details RV Management Services - VB, LLC Agenda Item 10 Page 1 The submitted plan depicts the existing improvements as well as the proposed buildings and amenities. Most, if not all, of the proposed improvements will not be visible from Princess Anne Road. Several planned outdoor recreational amenities near the right-of-way, such as a playground and miniature golf course, are permitted under the existing Conditional Use Permit and are not subject to this request. The elevations of the craft and game building and the indoor recreation building depict the primary exterior materials as "maple"color horizontal vinyl siding with dark grey asphalt shingle roofs. The proposed maintenance buildings will be prefabricated metal structures, constructed with light grey vertical panels and dark blue trim. The refuse enclosure is simply an improved trash drop-off area that will be screened with a white vinyl fence. The beach monitor structure is a small wooden "shack"that will serve as a shelter for employees monitoring the beach. The scout camping area is proposed as a space that will be reserved for large groups, such as scouts, with up to 13 park model trailers. According to the Recreational Vehicle Industry Association, a park model trailer/RV is designed to provide temporary accommodation for recreation, camping or seasonal use. Park model trailers are built on a single chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet in the set. Two pergolas and a pavilion are proposed in the scout camping area to provide shade and a meeting place for these large groups. 4 0 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Campground SURROUNDING LAND North: • Cultivated fields/AG-1 &AG-2 Agricultural District USE AND ZONING: South: • Single family dwellings, cultivated fields/AG-1 &AG-2 Agricultural District East: • Princess Anne Road • Single family dwelling, cultivated fields/AG-2 Agricultural District West: • North Landing River NATURAL RESOURCE AND The site is located within the Southern Rivers watershed. As the CULTURAL FEATURES: property is located next to the North Landing River, a 50-foot buffer is required. No new improvements are proposed within this buffer. Approximately 70 acres of the property is classified as Floodplains Subject to Special Restrictions. Both the beach monitor shack and the park model trailers are proposed within the Special Flood Hazard Area. The shack will not be a permanent structure and the park model trailers will each be licensed and road ready in the event that the shack and the trailers need to be moved out of this flood area due to an approaching storm. Several areas exists as "created floodplain" due to mitigation requirements attached to the 2005 modification to the Conditional Use Permit approval. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina border. The physical character of this area is low, flat land with wide floodplains and altered drainage. Within this area is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housings s Tlae 131 RV Management Services VB; , Agenda Ite . 10 Pp 2 Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. (pp. 5-1 to 5-4) • 0 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is considered a two-lane undivided rural highway The MTP proposes a two-lane facility within a 100-foot right-of-way. There are no roadway CIP projects slated for this area. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use 2- Unknown ADT1 Estimation: 46 Morning Peak Hour Princess Anne Road 3,828 ADT ' 7,400 ADT I(LOS33'C") Vehicles 18,600 ADT (LOS E") 94 Evening Peak Hour Vehicles Proposed Land Use— No change anticipated 'Average Daily Trips 2 as defined by 96-acre campground 3 LOS=Level of Service WATER &SEWER: No City water or sewer services are available to this site. Health Department approval is required for any proposed new private wells and/or septic systems. • • EVALUATION AND RECOMMENDATION In Staff's view, the request for a modification to the existing Conditional Use Permit to allow the proposed upgrades and renovation of the existing campground is generally consistent with the Rural Area land use policies of the Comprehensive Plan. While the beach monitor shack and the park model trailers are proposed within the Special Flood Hazard Area, the shack will not be a permanent structure and the park model trailers will each be licensed and road ready in the event that the shack and the trailers need to be moved out of this flood area due to an approaching storm. The applicant has worked closely with Staff to ensure compliance with the Floodplain Ordinance and FEMA's regulations. /'r� ,47 RV Management Servibs`=yVB;, L Agenda Iter 10 Pa e3 The campground attracts visitors to Virginia Beach and offers an excellent opportunity for enjoyment of the city's unique natural resources. All of the proposed improvements and amenities appear to be well thought out and will be upgrades to the property. The location of the proposed structures off of the right- of-way, deeper into the property help to preserve the rural character and scenic views of this part of the Virginia Beach. Staff recommends approval of this requested modification, as conditioned below. 4 • CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 8, 2005, are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road, Virginia Beach, VA for RV Management Services—VB, LLC, Proposed Improvements," prepared by KLO &Associates, dated July 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 & L-02," prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All other planting and screening requirements shall be met, as per City requirements. 4. When the buildings and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Rendering—Craft&Game Ctr.,""Renderings— Recreation Ctr.," both prepared by Ionic DeZign Studio, the photographs entitled, "Maintenance Storage Buildings," "Refuse Enclosure," "Beach Monitor Shack," all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. The park model trailers located in the"Scout Area," as depicted on the exhibit identified in Condition 2 above, will be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. Evidence of such licensing shall be submitted to the Planning Department, Environment and Sustainability Office, on an annual basis and prior to issuance of a Certificate of Occupancy for the use of the"Scout Area." 7. The beach monitor shack, as depicted on the exhibit identified in Condition 2 above, shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. �' I RV Management Servs'- VB; C `; ,, Agenda Ite ` 10 ;`!° Pate 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10. The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to issuance of a building permit. 11. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state and local agencies. 13. Adjacent and parallel to the area depicted as"Scout Area" on the exhibit referenced in Condition #2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review. Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 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. 1)1._ 4. RV Management Servj4 Agenda Ite=` 10 Pate 5 Conditions of the existing Conditional Use Permit& Floodplain Variance 1. All stipulations with the exception of"The property cannot be used for permanent trailers or campsites:" attached to the Conditional Use Permit granted by the City Council on November 8, 1971, remain in effect. In addition to the existing stipulations, the following conditions shall be attached to the Conditional Use Permit: a. (i) The six(6)cabins, existing along the eastern side of the Canal 2 shall be permitted to remain on the site provide the applicant obtain all necessary permits, inspections and certificates of occupancy for the cabins. (ii)Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. b. The applicants shall delineate and screen the"Recreational Vehicle Storage Area" located in the southeastern portion of the site. The screening shall be Category IV. c. The applicants shall delineate and screen the maintenance staging area and campground item storage area located in the southeastern portion of the site. The screening shall be Category IV. d. There shall be no encroachment into the delineated wetland areas depicted on the submitted plan entitled, "North Landing River Front Camp Ground, Virginia Beach, Exhibit A," prepared by WPL and dated 5/20/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed floodplain mitigation and buffer restoration shall substantially adhere to the submitted plans entitled, "North Landing River Front Camp Ground, Virginia Beach, Virginia, Mitigation Plan," prepared by WPL and dated 9/12/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicants shall submit detailed site and mitigation plans to the Development Services Center, Planning Department of the City of Virginia Beach for review and approval within three(3) months of City of Virginia Beach City Council approval of the Modification of Conditions and Floodplain Variance. Required screening and improvements shown on the mitigation plans must be completed by June 1, 2006. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT & FLOODPLAIN VARIANCE bLA RV Management Serycs`- VB,:. L . ends Item, 10 Pa . 6 .' , . 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NOISIA3l1 NVIUS - AE 11 d 3 311 41,/yy 1 'oL �3 3 I e 8 6 a Ili ; : y� aa® n PROPOSED LANDSCAPE PLAN SHEET L-02 RV Management Services - VB, LLC Agenda Item 10 Page 16 PRINCESS ANNE DISTRICT RV Management Services — VB, LLC ' 61 Princess Anne Road AG-1 4i Less Than 65 dB DNL AICUZ 2ro to 0 North Landing River SITE 0. 1 AG3 • AG-1 AG-1 Modification of a Conditional Use Permit for a Campground 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 11/08/2005 MOD (campground) Granted FVR (5B) Granted 11/10/1975 REZ(AG-1 &AG-2 to A-1) Withdrawn 05/13/1974 REZ(AG-1 & AG-2 to A-1); CUP(mobile home park) Denied 11/08/1971 CUP(campground) Granted 2 11/08/2000 CUP(borrow pit) Granted 12/18/1989 CUP (borrow pit) Granted ZONING HISTORY RV Management Services - VB, LLC Agenda Item 10 Page 17 Y��,# a+.Y r" 1r� ,, _ 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 Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 /APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Vi Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/S I disclosures must he updated two(2)weeLS Pr r to any Paget Of 4 Plainn q Co;nm:;;for ane oty Council meeting that pertains to the app9r auonis! APPLICANT NOTIFIED OF HEARING DATE ig NO CHANGES AS OF DATE. 9_ /5 REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT RV Management Services - VB, LLC Agenda Item 10 Page 18 other unincorporated organization,AND THEN,complete the fo lowing " (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) RV Management Services-VB,LLC:Philip Moreau,Manager&Sole Member (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) The applicant is the Managing Member of the ownership L.L.C. 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. • 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) North Landing Beach RV&Cottages Virginia Beach,LLC:RV Management Services VB-LLC,Managing Member (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT RV Management Services - VB, LLC Agenda Item 10 Page 19 a r "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) • ® Accounting and/or preparer of your tax return ® 0 Architect/Landscape Architect/ Ionic Dezign Studios Land Planner Contract Purchaser(if other than • ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) E 0 Construction Contractors Waterfront Consulting/Bob Simon ® Engineers/Surveyors KLO 8 Associates,Inc. 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 RV Management Services - VB, LLC Agenda Item 10 Page 20 Virginia Beach Financing(include current 0 El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/Agents for n ❑./ 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 II 0 a 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 m�ee�g of any public body or committee in connection with this Application. �� Philip S. Moreau (c)(;of i PLICANT'S SIGNATURE hP4RINT NAME p DATE IJ UR/p j. C .S-v QV rtz.A.a.v4—i a u-G 6.(30IIS 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 .Nr �:,lABE:4 -4^ RV Management Servs VB; ,benda Ite10 , Pad: 21 Item#10 RV Management Services—VB, L.L.C. Modification of Conditions 161 Princess Anne Road District 7 Princess Anne September 9, 2015 REGULAR Jeff Hodgson: Will you please call the next item. Phil Russo: Mr.Chairman,our next application is item 10. An application of RV Management Services- VB, L.L.C.for a Modification of Conditions of a Conditional Use Permit approved by City Council on November 8, 2005,on property located at 161 Princess Anne Road, District 7, Princess Anne. Eddie Bourdon: Thank you Commissioner Russo. Mr. Chairman and members of the Commission,for the record, Eddie Bourdon, a Virginia Beach attorney representing RV Management Services,VB, L.L.C. Mr. Phillip Moreau,who is the principal of the applicant entity, is here, along with the property's manager, Ms. Kathy Morton. Mr. Moreau has decades of experience in the high-end RV park development and management throughout the United States. He has developed countless parks and this will be his eighth site in the United States, some on the east coast and some in the western part of the country. They are all, and staff has all of this information, all of his parks are rated under'Good Sam Parks' highest rating. They are way above anything that we have, certainly at this site,and in the city, as a whole,for that matter. And based on the site plan that we referred to, and what was done back in 2005. He just bought it this year, and is doing a great job of upgrading the facility. As Carolyn mentioned this morning, back in 2005,the number of sites was reduced to 202 from 300 plus, I think it was 306 sites. Now,what he is doing and,there are other things that are not included in the application because they are allowed by right, I want to point out. They are adding a miniature golf facility golf course.They are adding a pickle board court, a child's playground area with equipment,a hot tub adjacent to a very large existing pool up in the front of the site, a volleyball court down by the beach, and another child's playground down by the beach area. Those are all outdoor recreation facilities that are permitted under the original Use Permit for the park. The indoor recreation building is the largest of the new buildings. It is one of the buildings being proposed, again, out by Princess Anne Road, and then the crafts and games building that you have elevations for,and the whole nine yards for that. The little beach shack,you can have someone there to monitor the beach and make sure that only registered campers are using the beach, and what have you, also is included along with the upgraded trash screening area. It is all referenced clearly in the report so structures that were not on the original plan is why we're here for the modification. The other thing they are adding. This is a going to be very high end facility. And it is very clear from all the information that has been provided on what they are doing out there. They are also requesting to add a small area up in the front for both scouts and church groups,that area is and has been for years, unfortunately, because it is very visible, a storage area. This area has been a storage area where they have stored RVs, equipment, etc., and it is right on Princess Anne Road. That is being eliminated. They didn't have any indoor storage and they are building these two storage buildings back here, which were part of this, that is totally screened. You can't even see them from Princess Anne Road, and really not too much from even the campground itself. This area they propose, a little like you see at our City parks, a picnic area, a shelter and a couple of pergolas, and Item#10 RV Management Services—VB, L.L.C. Page 2 there will be tent camping here. There are also the smaller RV camps for the scout leaders or church leaders to stay when they have a group.There will be tent camping in this area. If you go to the slide that shows the aerial view of the property without the site plan super imposed. I want to point out there is a treed buffer here that is not going anywhere. You can see some of the stuff has been stored here.This is an older picture. That is all eliminated. This will be,again,very nice attractive, supremely upgraded appearance than what's been out here for years. And this is the area for the scout but then these trees will remain. There is also, beyond it a ditch, and then the property to the south is fenced, and I understand, cows and livestock that are kept on this property to the south,and you will hear from the owner of the property who is here. But, all of these improvements ensure this will be a first rate facility. It has been improved over the years. I have some knowledge of the previous owners. They did improve it to what was there before, but not even anything close to what we're talking about with this application. All of the conditions that staff has recommended with the modification and language to Condition 9 are acceptable to us. We appreciate the fact that this item was originally on the consent agenda. I will reserve the opportunity to speak after the folks who have signed up have spoken. I'll be happy to answer any questions that anybody may have. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you sir. Phil Russo: Mr. Chairman,our first speaker in opposition is Charlotte Smith Worley. Jeff Hodgson: Good afternoon. Charlotte Worley: Good afternoon. Charlotte Smith Worley. I represent KW Smith Family Partners,the owner of the farm that is south of the applicants'. I guess you would say that I am on the fence because my fence is the concern right now with my livestock. We have a wooden fence, hot wire on the top, and my concerns have been based upon what has happened in the past. And we don't want those problems in the future. So, as opposition, it is questionable because I do know the changes the present owners have made. It is remarkable how it has improved over the years. My father purchased the land back in the 60s, and we have seen improvements continuously on that. We have spoken to the management. Our concern is the camp area.The camp area mainly because I grew up in an era where cow tipping and such things have been an issue, and I certainly don't want my cows tipped, and that is their pasture area right there. So,they have ensured me there is security. I am concerned because of Princess Anne Road. Our property, of course fronts 129 Princess Anne Road, is the concern for my livestock. My farm manager is here. He lives on the property which if on the aerial you can see our barn area. But I've got hundreds of thousands dollars invested on improvements over the years. I have been assured that those concerns are going to be addressed. I would like to see more of a buffer area so that church or scouts would not decide to use our property for part of their recreation. You know, we are in the country, and some of those kids that come out there or some of the people that come out there have never been in the country. Have never been close to a cow and I don't want them to get close to my cows. The baby bulls,the mothers.That is my concern. Jeff Hodgson: Have you had a problem with that in the past? Charlotte Worley: Yes sir, I have. And part of the problem, is of course,when my father purchased the land years ago, it was country. I have Sandy Point, which used to be something else on the other side, the Sandy Point people coming over. They have stopped that, and; so, it is just a concern. it Item#10 RV Management Services—VB, L.L.C. Page 3 Jeff Hodgson: Are there any questions for Ms. Worley? Phil Russo: Can you point to where your property is? Charlotte Worley: Yes sir. Jeff Hodgson: There is a pointer ma'am. Hopefully it will work. Charlotte Worley: Yes, right there.Thank you. Phil Russo: Now you say your property is fenced off between... Charlotte Worley: The road. You see the pasture (pointing to PowerPoint),and then the back part and then that comes on around. Alright. The fence goes here all the way around here and on back here. This is where my farm manager lives, right here.That is my barn. This property right here is all pasture. My hay fields are on the other side. But that pasture is all my summer pasture. And right now, of course,this doesn't show where it shows now, but we had a problem at first with Sandy Point coming across and that has been stopped. It helps when you don't have the manager of the RV park here that are part of the Sandy Point people, but we've had our fence cut, and I don't want my cows in the road. You don't want my cows in the road, and I don't want my livestock hurt, so that is my concern. The owners, and RV Management have assured me that's not going to happen, but I needed to express my concerns from what has happened in the past. Phil Russo: Do you have"no trespassing" signs up? Charlotte Worley: We don't at the present.We had not on that side but they will be added. And some of the property back there is also hunted so... Jeff Hodgson: Did you say your fence is electric? Charlotte Worley: Well,just the top tiny wire and I believe it does set off a wave. The top wire is electric. Yeah. Not enough to knock anybody off their feet. Are there any other questions? Dave Weiner: What kind of buffer is there now? Is there just a tree line? Charlotte Worley: We have some grass and trees and some insignificant trees and a ditch. David Weiner: Is that it right there? Charlotte Worley: On the other side. David Weiner: Yours is on the other side of the tree line? Charlotte Worley: This is Steve Kent, my farm manager, who also lives on the property. Item#10 RV Management Services—VB, L.L.C. Page 4 Steve Kent: I can answer a few questions. The hot wire... Jeff Hodgson: Please state your name real quick for the record. Steve Kent: Steven Kent. I'm the onsite farm manager for 129 Princess Anne Road, right next door to the current ground. She said there is a hot wire on it, but it is low to the ground because we do have the calves, and it is on the inside about a foot hanging off the fence towards the inside.So, it is not like you're going to really, got to reach your way through into the fence to touch this hot wire, so it is not the fence exactly. So, I've got it stood off to the inside of the fence this far,so that is no problem. My concern is the cuteness of baby calves. Everybody sees the baby calves, and they say let's go over here, and check them out, and my concern is that I would just like to see a small amount of buffer there for future; so, if we do have a problem, and everything is done. It has been a great job and he's worked with us, and our concerns have always been answered; so, I feel these would be addressed also but the problem is I just need to have it conditioned down here. We have a slight buffer to here and if we do have a problem they could put up an extra fence on their side of the property so that they can't easily just say"Hey,what a cute cow!"These cows are very friendly. They will eat bread out of your hands. We have a 2,000 pound bull but they will protect those babies, and there is no doubt they will protect them. I have been trampled several times messing with these babies. Jan Rucinski: So you just something that will comply. Steve Kent: I'd just like a slight buffer that in case in the future we do have problems with people that we can put something through there. There is a fence line. There is probably 4-feet before the ditch, and then there are trees on his side of the property. There really are not any trees on our side between the ditch and our fence. But most of these trees are already rotten and are getting ready to fall down. I have to take this fence down and address some of these trees that are getting ready to fall down because in heavy wind they will fall down, and they will come down constantly over there. It's getting to the point where I need to take out all of the dead trees. How much that will thin it out? I don't know. I would just like to see on their side a slightly larger buffer for future problems. Other than that,they have been great neighbors. They are doing a great job out there on the campground. There have been remarkable improvements. I used to have problems with going from one campground to the other campground in the middle of the night, 2 or 3 o'clock in the morning. They get drunk. They run into my fence and will rip a big ole gash right through it. And the babies go right through it. And that's one of the reasons why I put that hot wire up there and stood it off so far to the inside just for that reason. If someone takes out the fence, there is still that hot wire they have to go through.So, I am pretty well confident that unintentional damage to the fence isn't going to let the cows out but intentional, which has happened, when they had the storage area over there, they would break into those storage campers, and then to get rid of the stuff,they cut through my fence and go through my field to go along the fence line. I mean they would cut big holes through it, so that is why we had to hot wire. I just want the little extra buffer just in case we have problems. Jeff Hodgson: We will talk to the attorney to see if we can't work out something. Charlotte Worley: They have been very cooperative. Item#10 RV Management Services—VB, L.L.C. Page 5 Steve Kent: We are not opposing this at all. We just have some concerns. Charlotte Worley: That is why I said I was on the fence. Jeff Hodgson: Are there any other questions? Dee Oliver: I have a question. Is your fence on the property line right now? Charlotte Worley: No. Our fence sets inside the property line. Dee Oliver: Inside. So there's really nothing between your fence.... Steve Kent:There is our fence about 5 or 6 foot, a slight ditch, a tree line, okay,which I believe,and I am not sure but I think the ditch line is the property line; so,the trees are actually on their property. Dee Oliver: Is the ditch yours or theirs? It's the property line? Okay,thank you. I got it. Steve Kent: The ditch is the property line I believe. Jeff Hodgson: Is there anybody else? Thank you very much for coming down. Charlotte Worley: Thank you. Jeff Hodgson: Are there any other speakers? Phil Russo: Mr.Chairman that is all the speakers. Jeff Hodgson: Mr. Bourdon? Eddie Bourdon: Thank you Mr. Chairman. I appreciate Ms.Smith Worley coming down today,the property owner. I will leave my comments to that one issue. As it has been correctly stated,they have fencing, which makes very good sense with the investment they have in the livestock. Since, Mr. Moreau's organization has purchased the campground, and the upgrades they are doing, includes a different type of clientele will be using this campground that has been the case in the past.There is during the spring, and summer into September, actually onsite security,which has never been the case in the past. The wooded buffer is fifty feet, as corrected,the ditch is on the property line, and you got the wooded buffer,and that is where the scout camping is proposed. We will gladly post on the wood line "no trespassing signs," and "violator signs," and again, Ms.Smith Worley will do the same on her fences, and our security folks will make sure that no one goes over there. Having gone to college many moons ago in Harrisonburg, where there was a lot of cow tipping on the east side of Interstate 81 from some of my fraternity brothers, I don't think those cows are easily accessible,to go through a somewhat electrified fence, a wood buffer across a ditch that is dry in the summertime, probably isn't wet unless there have been storms but for the rest of the year is dry. This area also will only be utilized basically from April until the end of September because it is not going to be utilized in poor weather months, and it is not going to be utilized on a daily basis. It is a scenario where it is really for groups, local groups, or even folks coming from out of town. But it is a much lower rate but it is only for groups, not for Item#10 RV Management Services—VB, L.L.C. Page 6 individuals. The RV's upgrades are going to be more expensive. No one is doubting they may have had some issues in the past,the same thing with the folks cutting across from the property to the south. It is a different owner. It is a different manager. It is not going to be an issue with these folks. So, if there were to be problems,which I am 99.99%certain there will never be but if there were to be problems, I have no doubt that Mr. Moreau would step up and add an additional fence if that ever became necessary. I don't anticipate that ever will become necessary to be perfectly candid with you. I know why it potentially was a problem in the past but this is a different ballgame than what's been out there for the last 45-50 years. I did mention one other thing earlier.This is also 100%on four square with the Green Sea initiative that you all recommended to Council a month or two ago, and Council has adopted. It is just the perfect kind of thing to have a company like Mr. Moreau's come to town and acquire this asset,and upgrade it the way he is and they are doing so. I'll be happy to answer any questions. Jeff Hodgson: Are there any questions? Karen. Karen Kwasny: Is it out of the question to provide that fence now in order to inhibit what is predominantly going to be a "scouting" group using that camping area? Eddie Bourdon: I think it is over kill,absolute over kill. I don't think it is going to,and the other thing you got is you got the setback and it can only be 4-feet tall with the setback from the street if you're going to make it a solid fence.To put another fence that one could cut with wire cutters wouldn't make any sense; so,we don't have any issue with agreeing to supplement the tree line, plant additional bushes in there, if trees have died. That kind of thing to bulk that up, but I don't think it is good for the view going down the street or anything else to be putting up a privacy fence there for something that has yet to be a problem with this operator, and this higher quality of a facility. So,we're not opposed to it if it ever there was ever a problem,we would certainly, as we indicated,we will work with you if there is ever a problem. We'll do whatever we can to preclude it but I don't think. Karen Kwasny: At this point you wouldn't put a tree... Eddie Bourdon:The tree line is there and as the gentleman said there are some dead trees. We don't have any issues with supplementing that landscaping to add to that so that creates a greater physical barrier than maybe exists today, but I don't think putting up a privacy fence is a real good way to go. I think trying to modify behavior is a better way to deal with it. Again, I don't think that is ever going to be an issue with this operator. Jeff Hodgson: Ms. Oliver. Dee Oliver: I think I dated some of your fraternity brothers on the cow tipping trips; so,you're standing here telling me. Eddie Bourdon: That was a longtime ago. I don't think your daughters are ever really going cow tipping. My kids didn't so. Dee Oliver: I think a little bit thicker of a buffer would probably be a good idea being the fact that it is, as we know, historically that is something that is awfully tempting. Item#10 RV Management Services—VB, L.L.C. Page 7 Jeff Hodgson: Are there any other questions for Mr. Bourdon? Are there any other speakers? Phil Russo: No.There are no other speakers. Jeff Hodgson: Thank you. We will now close the hearing and open it up for discussion. Would anyone like to begin? Karen? Karen Kwasny: I happen to agree with Dee. I think that is far too tempting, and I'm not considering taking scouts but I know quite a few scouts, and my son and I think that it is an opportunity for some intermural fun at someone else's expense. So, I think adding additional buffer is a potential. It is a gesture but also will inhibit some behaviors coming down the line and it is not waiting for a problem to happen. Jeff Hodgson: Is there anybody else? Jack Wall: I would concur. If they can't see it, if it is something that isn't quite as tempting, I think I would be in favor of it. Jeff Hodgson: So, I am hearing that you would like to add in a condition that some extra screening to fill any voids,than what may be existing currently? Bob Thornton: I think if there was a sign hung on that hot wire that says that this is a hot wire,when you're out testing scouts,the ones that could read,they would probably not try to cross that wire because if you ever touched one of them, I've never tipped a cow, but I have grabbed a hot wire. It is not something you want to do on a regular basis. But anyway, I'm trying to add a little light to this. Jeff Hodgson: It's probably running off of house current so it's pretty strong. Is there anyone else? Jan Rucinski: I will admit that I had to ask Dave, "what's cow tipping." I never heard of it before. I do agree they should add the buffer. I don't think adding a fence is a good idea especially when you're camping. You want that"back to nature" sort of thing. I think a fence would detract from that but if there are a lot of trees that are already starting to have to be pulled because they are dead, and I think if the applicant would put more buffer maybe, put a briar patch in, something that would definitely be something you would not want to walk through. Jeff Hodgson: I think we are getting a nod from the applicant's representative that they are willing to condition that. I think he hears our concerns. Would anyone like to make a motion? Karen Kwasny: I would like to make a motion that we recommend for this request for a Modification of Conditional Use Permit with the conditions discussed. Jeff Hodgson: Mr. Bourdon? Eddie Bourdon: Does that include the revised wording to Condition 9? Karen Kwasny: Yes,that includes the revised wording to Condition 9. Item #10 RV Management Services—VB, L.L.C. Page 8 Jeff Hodgson: A motion made by Dr. Kwasny. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: A motion made by Dr. Kwasny and seconded by Commissioner Oliver. Carolyn Smith: Excuse me. Is there a width that you desire or is this just infill material, or an additional row of something? Karen Kwasny: I would suggest infill material and an additional row so if there is material that needs to be replaced,that should be replaced first, and then an additional row that would provide an increased buffer and deterrent. Jeff Hodgson: I don't think we're going to get a nod from the applicant's representative. Karen Kwasny: So,we're not going to get both of those? Jeff Hodgson: I'm not saying that, I don't know if we're going to get the applicant's representative to agree. Eddie Bourdon: We've got 50 feet already there that is vegetated. We can certainly,and the idea would be to create a solid buffer on our side, add a row and to also supplement it for double duty. We would create a solid buffer that would inhibit people from going through using what is there, and let it grow natural. Jeff Hodgson: With some No Trespassing signs. Eddie Bourdon: We will post no trespassing signs on our side of the buffer and the adjacent property owners can do the same thing. Jeff Hodgson: So, a motion made by Dr. Kwasny and seconded by Ms. Oliver. Carolyn do you have what you need? Carolyn Smith: I got it. Thanks. Jeff Hodgson: I think we are ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE Item#10 RV Management Services—VB, L.L.C. Page 9 RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,the Commission approved the application of RV Management Services— VB, L.L.C.with the revised wording of Condition 9 and the modification of the condition of the buffer. Eddie Bourdon:Thank you. Jeff Hodgson: Thank you. •t &: a). , C3 ti . ,c E . _ •... 0 ;' .. a • Cu to N "'" D .— N • it .• .. -,...--30z , . C.,) Ci w r-----„,_ .1:3 ,•// 3 of 61 Lin,... Fl ` . Y A 4sib, 12 a f m -P) '� J a, V,16 m c tou O ez,./..//" M , rl 025 . t . 3 -". :_ . —17 f 4 1 r.! I il ii:i , ___ _ ‘2&' ik i AIL- tett i— , csi..,,,,..:::(_,_ ‘410 d 4 p )717 0 ,„ 4....,4 iit 0 Y Alinirri j ` Q \ .,,, Z % i C m I I I I 1 I [ ,c0tA rS IH.�1? 4 (ir jJI I ‘tw li CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALLSAFE STORAGE, LLC [Applicant] OCEANA PARTNERS, LLC [Owner], (A) Conditional Use Permit (mini-warehouse) and (B) Modification of Proffers of a Change of Zoning approved by the City Council on 5/9/2006. Property located at 1325, 1335, 1345 Oceana Boulevard (GPINs 2415487835; 2415486774; 2415488740; 2415486663). COUNCIL DISTRICT— BEACH. MEETING DATE: October 6, 2015 • Background: On May 6, 2006, City Council approved a change of zoning on the subject property from AG-2 Agricultural District and B-2 Community Business District to Conditional B-2 Community Business District. A site plan was proffered with the 2006 conditional rezoning showing a retail strip center with an office/warehouse building in the rear for the southern site. A specific site plan was not proffered for the northern site. The proffered site plan tied the two sites together with one shared access off Oceana Boulevard. • Considerations: The 2006 plan was never developed and the current owner is requesting to modify the proffered plan. The revised plan shows commercial uses along Oceana Boulevard with a mini-warehouse storage facility to the rear. Two access points are proposed on Oceana Boulevard and the two parcels will be developed separately with no vehicular cross-access. Although the two commercial curb cuts onto Oceana Boulevard is a concern and not as desirable as the 2006 plan with one shared access point, the new plan provides a better buffer for adjoining residential properties and building design has been upgraded. Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council as proffered and with the following conditions: 1. Vehicle storage on the site shall be limited to the fenced area at the rear of the mini-warehouse building. Only licensed and operable motor vehicles including Alisafe Storage, LLC Page 2 of 2 cars, recreational vehicles and boats shall be permitted to be stored outside of the building. Vehicles being stored on the site shall be stored within the designated parking spaces at the rear of the mini-warehouse building. No construction equipment shall be permitted to be stored in the exterior storage area. There shall be no storage containers permitted on the site. 2. All outdoor lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from the adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. There shall be no generators (electric, gas or powered by another source) permitted outside of the building. 4. No barbed wire, razor wire, or any other similar fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building or property. 5. Any freestanding monument-style sign shall not exceed eight (8) feet in height and shall be constructed using materials to match the building All signage shall be externally lit and no neon lighting visible from the adjoining properties shall be permitted to be placed on the property. A permit shall be obtained from the Planning Department, Zoning Division, for all signage added to the site. 6. The storage facility shall not be used for any purpose other than the storage of goods and vehicles (as identified in Condition 1). No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site is Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ,7:10022.. BEACH DISTRICT-ins,ins•1345 cm....eoae wa Allsafe Self Storage,LLC A-12 7 ,04 „ >75 dh DNL At • September 9, 2015 Public . Hearing 44 R-PD APPLICANT: •� _ .nti�,�.. ALLSAFE SELF ; Al2 STORAGE , LLC PROPERTY OWNER: s-s OCEANA • '"° Aose PARTNERS, LLC Modification of Proffers Conditional Use Permit for mini-warehouse STAFF PLANNER: Kevin Kemp REQUEST: A. Modification of Proffers approved by City Council on May 9, 2006 B. Conditional Use Permit(mini-warehouse) ADDRESS/DESCRIPTION: 1325, 1335 & 1345 Oceana Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24154878350000 BEACH 2.3 acres >75 dB DNL 24154867740000 24154887400000 24154866630000 • 1 BACKGROUND / DETAILS OF PROPOSAL Background On May 9, 2006, City Council approved a change of zoning on the subject property from AG-2 Agriculture District and B-2 Community Business District to Conditional B-2 Community Business District. The site plan proffered with the approval showed the southern parcels of the site developed with a 12,000 square- foot retail building and an 8,000 square-foot office/warehouse building. Access to the site was shown from one curb cut along Oceana Boulevard with a right-turn lane. A cross-access easement was shown to provide access to the northern parcel. The northern parcel had no site layout proffered with the approval. Because the submitted site layout for the southern portion of the property varies significantly from the approved plan, this modification request is required. Details The applicant desires to develop the subject parcels with three commercial buildings and a mini- warehouse building. The submitted site plan depicts the northern parcel with two, one-story commercial buildings. One 7,200 square-foot building will have multiple tenants, while the other 3,200 square-foot ALLSAFE SELF STORAGE, LLC Agenda Items 7 Page 1 building will contain a pet shop. To accommodate the proposed layout, the existing property line between the parcels must be shifted slightly to the south. The southern parcel will be developed with a 7,200 square-foot building containing retail on the front of the site, with a mini-warehouse building towards the rear of the site. The portion of the property behind the mini-warehouse will be enclosed with a fence and will provide a long-term storage area for vehicles. Access to the site is proposed from two curb cuts, one for each of the proposed parcels. There is a 15-foot buffer with Category VI landscaping located along each of the property lines adjacent to residential properties. Plant material will be installed along the right-of-way and in the parking area, and will meet the requirements of the City landscape design guidelines. A dumpster is proposed on the northern parcel, and will be screened with plants and a wall that will match the materials of the retail buildings. The submitted retail building elevations depict a combination of red brick and beige concrete block facades. The pedestrian level portion of the front façade is lined with storefront windows. The area above the storefront windows is beige Exterior Insulation Finish System (EIFS),with tenant signs centered over each entryway. Additional design features include a varying rooflines, yellow awnings, decorative light sconces, concrete block water table and a decorative cornice piece. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family home(vacant)and undeveloped wooded area SURROUNDING LAND North: • Undeveloped/ B-2 Community Business District USE AND ZONING: South: • Mini-warehouse/B-2 Community Business District East: • Oceana Boulevard • NAS Oceana Commissary/ R-5D Residential District West: • Single-family homes/R-5D Residential District NATURAL RESOURCE AND The site is located within the Southern Rivers Watershed. A majority CULTURAL FEATURES: of the site is undeveloped wooded area. There do not appear to be any significant 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 the stable neighborhoods while 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, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1,3-2). is 13E1 ALLSAFE SELF S( RAGE ittibenda Ite s 7 c.; P 2 I i • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Oceana Boulevard is a four lane divided minor urban arterial in the vicinity of this site. Oceana Boulevard has an approximate right-of-way width of 76 feet and the Master Transportation Plan shows an ultimate right-of- way width of 120 feet. There are no projects in the current CIP for Oceana Boulevard. The site plan that was approved by City Council in 2006 provided one access point to the subject sites and showed a right-turn lane from Oceana Boulevard. Given the location of the site on a portion of Oceana Boulevard that experiences high-speed vehicular traffic and that operates over capacity, allowing only one access point to the entire property and creating a cross-access easement, as per the original approval is a safer, and; therefore, preferable option. It has also been determined by the City's Traffic Engineer, that although the trip generation for the sites does not meet the traffic volume threshold for requiring a right- turn lane from Oceana Boulevard, a right-turn lane shall be required based on vehicular speeds and volume of traffic on the roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use 2— Oceana Boulevard 32,500 ADT ' 22,800 ADT 1(LOS 4"D") 605 ADT 27,400 ADT (LOS "E") Proposed Land Use — 811 ADT 'Average Daily Trips 2 as defined by 12,800 square feet of retail and 8,000 square feet of warehouse 3 as defined by 17,600 square feet of retail and 8,000 square feet of warehouse 4 LOS=Level of Service WATER: This site currently connects to City water. There is an existing 12-inch City water main on Oceana Boulevard. The existing 5/8-inch meter(City ID#95064870)can be used or upgraded to accommodate the proposed development. SEWER: This site currently connects to City sewer. There is an existing 8-inch City gravity sanitary sewer main along Oceana Boulevard. Analysis of Pump Station#127 and the sewer collection system may be required to ensure that future flows can be accommodated. • • EVALUATION AND RECOMMENDATION This request for a modification of the previously approved proffers and a Conditional Use Permit for a mini-warehouse facility is acceptable. The proposed uses of the subject sites as retail and mini- warehouse is generally consistent with the Comprehensive Plan's land use policies for the Subyrbsn . ALLSAFE SELF STORAGE," IC,. ' Agenda Items 7 P �e3 Area. Additionally, the submitted building elevations depict attractive building facades that meet the requirements of the Retail Design Guidelines outlined in Section 243 of the Zoning Ordinance. The proposed design incorporates recesses and projections, awnings, changes in materials, storefront entrances and varying rooflines to enhance the visual interest of the façades. Staff believes that the proposed design will be an improvement to the Oceana Boulevard corridor, and an improvement over the existing approved proffers and plan. The site plan that was approved by City Council in 2006 depicts one access point to the subject sites from Oceana Boulevard and incorporates a right-turn land and shared-access easement. When this plan was approved, both subject parcels had the same property owner. The original intent was to develop the larger parcel first and the smaller parcel at a later date. This plan included an access easement between the two parcels. Since the approval in 2006, the parcels will now be developed by different property owners. The layout as shown on the submitted site plan cannot accommodate the shared-access easement as previously approved. The application indicates that the two parcels will be developed and operated independent of each other and, therefore, Staff believes it is a reasonable request that each parcels be allowed an access point to Oceana Boulevard, as depicted on the submitted site plan. Based on the considerations above, Staff recommends approval of this modification request, as conditioned below. 4 • AMENDED PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer Number 1 is hereby amended to state in its entirety as follows: When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "ALLSAFE SELF STORAGE 1345 OCEANA BOULEVARD PRELIMINARY SITE PLAN" prepared by Johnson, Mirmiran &Thompson and dated June 16, 2015, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: Proffer Number 2 is hereby amended to state in its entirety as follows: When the Property is developed, the architectural style and quality of materials used for the retail buildings located on the Property shall be substantially compatible with the exhibit entitled "Gatling Retail Oceana Boulevard Virginia Beach, Virginia" prepared by Freeman Morgan Architects and dated June 22, 2015. When the Property is developed the architectural style and quality of materials used for the self storage building located on the Property shall be substantially compatible with the elevations entitled "Proposed Self Storage System For: All Safe Self Storage David Gatling Virginia Beach, Virginia" prepared by Trachte Building Systems, Inc. and dated June 18, 2015. These exhibits have been exhibited to the Virginia Beach City council and are on file with the Virginia Beach Department of Planning. ALLSAFE SELF SilbRAGE; L( . ,i4genda lte s 7 Pi e 4 PROFFER 3: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. STAFF COMMENTS: The Proffers above have been reviewed by Staff and are acceptable as they provide a high level of predictability as to the ultimate development of the properties. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2015 and found it to be legally sufficient and in acceptable legal form. 4 PROFFERS APPROVED ON MAY 9, 2006 PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "OCEANA NORTH BY 1345 OCEANA LLC", prepared by Martin & Martin Architecture, Inc., dated Nov. 1, 2005, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). [PROFFER AMENDED WITH THIS APPLICATION.] PROFFER 2: When the Property is developed, the exterior of the commercial center shown on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Oceana North For Wright Dean Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by Martin & Martin Architecture, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Oceana North Elevations"). [PROFFER AMENDED WITH THIS APPLICATION.] PROFFER 3: When the Property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Oceana North Elevations. All building mounted signage shall be channel letters on a raceway(i.e. no block signs)and only the lettering may be illuminated. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused direct light down onto the premises and away from adjoining property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 1(`J.,; ALLSAFE SELF S R GE;r Agenda Ite s 7 , k ryr • 0 CONDITIONAL USE PERMIT CONDITIONS 1. Vehicle storage on the site shall be limited to the fenced area at the rear of the mini-warehouse building. Only licensed and operable motor vehicles including cars, recreational vehicles and boats shall be permitted to be stored outside of the building. Vehicles being stored on the site shall be stored within the designated parking spaces at the rear of the mini-warehouse building. No construction equipment shall be permitted to be stored in the exterior storage area. There shall be no storage containers permitted on the site. 2. All outdoor lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from the adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. There shall be no generators (electric, gas or powered by another source) permitted outside of the building. 4. No barbed wire, razor wire, or any other similar fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building or property. 5. Any freestanding monument-style sign shall not exceed eight(8)feet in height and shall be constructed using materials to match the building All signage shall be externally lit and no neon lighting visible from the adjoining properties shall be permitted to be placed on the property. A permit shall be obtained from the Planning Department, Zoning Division, for all signage added to the site. 6. The storage facility shall not be used for any purpose other than the storage of goods and vehicles (as identified in Condition 1). No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. r ALLSAFE SELF STORAGE; c `` t. • enda Re' 7 Pdge . ch }. Q Z14t <: Q (1) af'= : O ' ,sem -_:^ p , .A -.0.1, 'I, 1,* i Jo' ,ogis ,o, '*:' '-:',,„' Zo. A gyp, ' . ^, $ it i 4 ' Aiv + - 7 .• y a .• • M� o F �. BJP -liti v + �_‘P. r G ` - O r -, s ,`'j i � i Cl Tf til. -1 , f„ -, 4 '*:'...' .'-,% -. -..' ikk * . t, .1 . �* k AERIAL OF SITE LOCATION >..' ALLSAFE SELF STORAGE, LLC L�, ; Agenda Items 7 Page 7 ti k , E :0.' ../. ....../... ......... .....,.....,..a-- - nryld aus Ad•WO-1-3bd i '.."'...,_,----.--.'r-- --""--"c itillitil 75: •••• • 11111 I r.: "al arvfrainoe YHY-30 VI.C1 640.1S-10133 i 1 • i R '4 K2 -` 11111 iliii lit 411 gil .3i I I ' 11 ., / ilt FiFiiii,E ..i ... . - fr ,L[II i fil i ----- 0 - i'0, , i I _ 2 i-'it 1 . . ...1 ., 14 / 1...t , ,; , -'• d'? `' t I; ,u , ,, 1 f _ - it •1•" . , -: --1 : 1 III , ili---: —i -.. II ., ,It , -,../ - - - .!11, , ~-0,4.,...„,, - '11— .4 li r 1 's, . ." - '''''–'1*' 411) ;;')••••,— !-- - /1 Ell i .... mv..1---'' 1 gli hi . ,_ 1 V .— I . ,..,... . v 1 ... , ‘ 4 • , , I " ,r+ i 1 r- .,...._ .. I - /7 .$ • , 1 / I i %, op I . , . ‘,... ,_ sl --T-- i - I-- t!o• t> i --..., "•,...........,..., s'........... 1 '. - ' , • il'. 1 I i .,, .,..... !--„, •••1 lir il '''' .....-,-..,_.. .- 1104 i .,. — 1 11 11 r I .•4 • . . r' 4,..r,—.AI ; .....1 PROPOSED SITE LAYOUT ir,....,,,...,-.....,,,,_ r--‘1.;,k1 A•BE-p---4t.,,,.. ALLSAFE SELF STORAGE, LLC Agenda Items 7 4c dk Page 8 . ., ,... _. A -....... ,...- L.--,-.. ? i 15' BUFFER _ . ._. . , . - .. ._. ._ . , ..._ . . ) 4 taw A:4,117:rt.' , -4 4:101:44-01:Mt BRW - CATEGORY VI - -.1 ' LANDSCAPING ' i ---\\— -.1 ) I .... g •••e;•h• 4t ,•'•44'MOM AO 41 Alget.20446.44) s FENCE f / VEHICLE STORAGE . ,• I ! . , . MINI-WAREHOUSE 15.BUFFER 1i 10 40! s •• 8,400 SQ.FT. s ; *Vs' / . ,-.,,,,,,v-/-,esr-e-1"Nrry•"'N-N..„....,,, $fi t , ... I PROPOSED •• • , i PROPERTY UNEi ****,- 2 0 4 -V . /, -,..-- illy ' I ! I I fr I RETAIL 1 at -2 t 7,200 SQ.FA ' RETAIL ' PET '_ / 44.,,,, , 7,200 SQ.FT. . 4 , SHOP: _ ';, 3.200 ' .,.„ , SQ. gli FT. L' A 1 ..., .. - a t oat 4 4* • Ir no ' fr) , r. - ENTRANCE _E:NTRANCE . ..-.:_.:._ r. ,.. 1 I •:•:• ••• .., 1. i . i OCEANA BOULEVARD 1 , - .—.--...., PROPOSED SITE LAYOUT *-!(711A•liP.1 -4. ,1 ALLSAFE SELF STORAGE, LLC Agenda Items 7 Page 9 i. 1 •• Rf •UTE6aRY II_Mm?C.YL d l' -- .fD :0 004•. t• -•e4etet•0®- / 0,/ OFFICE/WAREHOUSE • 8,000 SQ.FT. l / , ,,,,,,A ''. \L., r rr w� , it- r I 5 'tel 1.44P I/' "'" 'Z33.417,.e s2. 1j.�", -�7 .-�. •+ 11 92 �• .1 i ' 'lb -...--!:: ,t,?,„4-) - _ ' -__ f! -� = �. I' ,` ~- is • RETAIL-- •, L Mµ.--T - / 2,000 SQ.FT.,J ,�=` •1 / ;'ACCESS• ; / s :EA SEI�ENT: t: _ TO BE DEVELOPED ATA r f '.41. 1LATER DATE E r/ • _ �.' / . `` i i ' SHARED•..- _ __,i_ _ T.__. ., '"7"'''' „,_. -"ENTRANCE ��” NEW RIGHT TURN LANE a _ C . h - u _ _ a !.�R O •..4 • • D • I' ! M L J_" SITE LAYOUT APPROVED BY CITY COUNCIL ON MAY 9, 2006 10-(1;,!!A•3P'+ '"'-4 1 ALLSAFE SELF STORAGE, LLC 13,,, Agenda Items 7 Page 10 J t ge fit Ilit at nil ID ill Mot . 3111111 i _ 11 _ 1 iNI ' c • i r I '- art . t ; A ■ , c, 1 ii ...- li, 414111 t lit_ ' zz; QQ„ zo- u,nc- wz 0- E LLL V 11111 a PROPOSED RETAIL BUILDINGS ALLSAFE SELF STORAGE, LLC ? c , Agenda Items 7 Page 11 j ,A , n- 11.11 II ill 2 w N ' II , er- 11 • ZZ ,, ccQQ • LV.W W C w0 - �cc T LLL PROPOSED STROAGE UNITS ALLSAFE SELF STORAGE, LLC i) Agenda Items 7 Page 12 i-'Ii / nrRKk0h Do V A� 7 Arix‘ ____ . °c, >75 dB DNL AI ,)d tr.iND Rut. / r N 6›....."..-- d �p OR AO idt DARN S tAR Rilly �`' -' A ,.. L..... iie.4 i)n. 1 eis --:.----- 'fir - VIIPPPPP'— .44401.o. • is cr�y+ i Sn 440 is .4i MB 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 I REQUEST ACTION 1 01/12/2010 Modification of Proffers approved on 05/09/2006 &04/08/2008 Approved 04/08/2008 Modification of Proffers approved on 05/09/2006 Approved 05/09/2006 CRZ(AG-2 to Conditional B-2) Approved 05/09/2006 CUP (Gas station with convenience store) Approved 2 05/09/2006 CRZ(AG-2 to Conditional B-2) Approved 3 07/06/2004 CRZ(AG-2 to Conditional B-2) Approved 07/06/2004 CUP (Motor vehicle sales) Approved 4 11/25/2003 CUP (Motor vehicle sales) Approved 09/18/1985 REZ(AG-2 to B-2) Approved 5 08/26/2003 REZ(R-5D to B-2) Approved 08/26/2003 CUP(Mini-warehouse/self-storage) Approved 04/14/1992 SVR Approved 6 09/25/1979 REZ(AG-1 to B-2) Approved ZONING HISTORY ., : ALLSAFE SELF STORAGE, LLC ;, r, 7 Agenda Items 7 Page 13 r 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 Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 9 The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. gCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USF ONLY/Ail dsdoswes most be updated twc(2)'.weeks prior to any Page 1 of 4 Plan urns Cornmht.on and C (:oui,eil moetinc that Pertains to the aPPI Cation`.sl. 0 APPLICANT NOTIFtFO OF HEARING DATE J NO CHANGES:AS OF DAIS_ -ad •1 K J /�(` A. REVISIONS SUBMITTED CM DISCLOSURE STATEMENT bLA ALLSAFE SELF sfoFtAtEi- 44,<< Agenda Ites 7 Page-14 I I i i 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) Al!safe Storage, LLC-David Gatling(Managing Member) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Oceana Partners,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. C 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) Oceana Partners,LLC-Pat Yockey(Managing Member) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT ALLSAFE SELF Sf RAGE-' Agenda Ite=f s 7 Pag ,-1.5 Virginia Beach Allsafe Storage, LLC "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • 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 t�J your tax return Imo\ El Architect/Landscape Architect/ Freeman&Morgan Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed [] (�I purchaser of the subject property 11 �I I jV (identify purchaser(s)and purchaser's service providers) n ® Construction Contractors nn Engineers/Surveyors Johnson,Mirmiran and Thompson,Inc 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 • ALLSAFE SELF ST(:).RAGE4LC Benda Ite s 7 Page.1 6 .. • i Virginia Beach Financing(include current BB&T X n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Troutman Sanders LLP Real Estate Brokers/Agents for w 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 nn 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 ublic body or committee in connection with this Application. Z Caf3& APPLICANT'S SIGNATURE PRINT NAME DATE i PROPERTY OWNER'S SIGNATURE PRINT NAME 1 DATE I 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 , I '� zi ALLSAFE SELF S 'ORALE,;; L ., ; ,k, ,-- Venda Ito. s 7 , '; Pag 17. I rbdS Virginia Beach Financing(include current BB&T ® C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® C Legal Services Troutman Sanders LLP C ❑ 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 >r< an interest in the subject land or any proposed development Econtingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE 'Pa "``��,��''r ' Rpt Yoci<e.4) 6-30-15 PROPERTY OWNE 'S SIGNATU 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 y , ltr,t N �„ ALLSAFE SELF S1�lRA6E �: �0 � jende lte' .,s 7 , ':: Pag 18 - 4 Item#7 Allsafe Storage, L.L.C. Conditional Use Permit Modification of Proffers 1325, 1335, 1345 Oceana Boulevard District 6 Beach September 9, 2015 REGULAR An application of Allsafe Storage, L.L.C.for A. Modification of Proffers approved by City Council on May 9, 2006,and B. Conditional Use Permit(mini-warehouse)on property located at 1325, 1335& 1345 Oceana Boulevard, District 6, Beach. GPINS: 24154878350000;24154867740000;24154887400000; 24154866630000. PROFFERS PROFFER 1: Proffer Number 1 is hereby amended to state in its entirety as follows: When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "ALLSAFE SELF STORAGE 1345 OCEANA BOULEVARD PRELIMINARY SITE PLAN" prepared by Johnson, Mirmiran &Thompson and dated June 16,2015,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). PROFFER 2: Proffer Number 2 is hereby amended to state in its entirety as follows: When the Property is developed,the architectural style and quality of materials used for the retail buildings located on the Property shall be substantially compatible with the exhibit entitled"Gatling Retail Oceana Boulevard Virginia Beach,Virginia" prepared by Freeman Morgan Architects and dated June 22, 2015.When the Property is developed the architectural style and quality of materials used for the self storage building located on the Property shall be substantially compatible with the elevations entitled "Proposed Self Storage System For:All Safe Self Storage David Gatling Virginia Beach,Virginia" prepared by Trachte Building Systems, Inc. and dated June 18, 2015.These exhibits have been exhibited to the Virginia Beach City council and are on file with the Virginia Beach Department of Planning. PROFFER 3: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. PROFFERS APPROVED ON MAY 9,2006 PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "OCEANA NORTH BY 1345 OCEANA LLC", prepared by Martin& Martin Architecture, Inc., dated Nov. 1, 2005,which has been exhibited to the Virginia Beach City Council and is on file with the Item#7 Allsafe Storage, L.L.0 Page 2 Virginia Beach Department of Planning(hereinafter"Site Plan"). [PROFFER AMENDED WITH THIS APPLICATION.] PROFFER 2: When the Property is developed,the exterior of the commercial center shown on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Oceana North For Wright Dean Development Corp.,Oceana Boulevard,Virginia Beach,Virginia", prepared by Martin& Martin Architecture, Inc.,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Oceana North Elevations"). [PROFFER AMENDED WITH THIS APPLICATION.] PROFFER 3: When the Property is developed,only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Oceana North Elevations.All building mounted signage shall be channel letters on a raceway (i.e. no block signs)and only the lettering may be illuminated. PROFFER 4: All outdoor lighting shall be shielded,deflected,shaded and focused direct light down onto the premises and away from adjoining property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. CONDITIONS—CONDITIONAL USE PERMIT 1. Vehicle storage on the site shall be limited to the fenced area at the rear of the mini-warehouse building. Only licensed and operable motor vehicles including cars, recreational vehicles and boats shall be permitted to be stored outside of the building.Vehicles being stored on the site shall be stored within the designated parking spaces at the rear of the mini-warehouse building. No construction equipment shall be permitted to be stored in the exterior storage area.There shall be no storage containers permitted on the site. 2. All outdoor lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance,all outdoor lighting shall be shielded to direct light and glare onto the premises.Said lighting and glare shall be deflected,shaded,and focused away from the adjoining property.Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 3. There shall be no generators (electric,gas or powered by another source) permitted outside of the building. 4. No barbed wire, razor wire,or any other similar fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building or property. 5. Any freestanding monument-style sign shall not exceed eight (8)feet in height and shall be constructed using materials to match the building. All signage shall be externally lit and no neon Item#7 Allsafe Storage, L.L.0 Page 3 lighting visible from the adjoining properties shall be permitted to be placed on the property.A permit shall be obtained from the Planning Department,Zoning Division,for all signage added to the site. 6. The storage facility shall not be used for any purpose other than the storage of goods and vehicles (as identified in Condition 1). No person shall be permitted to reside at the facility, and no other repair, retail,or other similar business shall be conducted on the site. A motion was made by Commissioner Hodgson and seconded by Commissioner Inman to approve item 7. AYE 9 NAY 1 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY NAY RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-1,the Commission approved item 7. R.J. Nutter appeared before the Commission on behalf of the applicant. GBAC4\4 -xG � ;llgg � I % i !' ` CITY o F VIRGINIA BEACH ME0 .a a . e • �; ,� ,, • INTER—OFFICE CORRESPONDENCE _ 4-y. ,a. OF OUR'NA-0°NS In Reply Refer To Our File No. DF-9441 DATE: September 25, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils DEPT: City Attorney RE: Conditional Zoning Application; Oceana Partners, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 6, 2015. I have reviewed the subject proffer agreement, dated June 30, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 MODIFICATION OF CONDITIONS AGREEMENT THIS MO,?IFICATION OF CONDITIONS AGREEMENT (this "Agreement"), made this3erday of June, 2015, by and between OCEANA PARTNERS, LLC a Virginia limited liability company ("Grantor") (to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit A attached hereto (the "Original Property"), which property is currently zoned Conditional B-2, and is subject to certain recorded proffers; and WHEREAS, in April 2006, the City of Virginia Beach conditionally re-zoned the Original Property subject to certain proffered covenants, restrictions, and conditions set forth in the proffer agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument No. 20060519000756420 (the "Original Proffers"); and WHEREAS, Grantor desires to develop the Original Property and an adjacent parcel described on the attached Exhibit B (the "Additional Property") (the Original Property and Additional Property referred to herein as the "Property") in a manner that differs from the terms specified in the Original Proffers; and WHEREAS, Grantor desires to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers and to subject the entire Property to this Agreement; and WHEREAS, this Agreement is not intended to affect the zoning regulations applicable to parcels located adjacent to the Property that are subject to the Original Proffers; and • WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration G PIN Nos.: 2415-48-7835-0000; 2415-48-6774-0000; 2415-48-8740-0000; 2415-48-6663-0000 26238306v3 of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Proffer Number 1 is hereby amended to state in its entirety as follows: "When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "ALLSAFE SELF STORAGE 1345 OCEANA BOULEVARD PRELIMINARY SITE PLAN" prepared by Johnson, Mirmiran & Thompson and dated June 16, 2015, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan")." 2. Proffer Number 2 is hereby amended to state in its entirety as follows: "When the Property is developed, the architectural style and quality of materials used for the retail buildings located on the Property shall be substantially compatible with the exhibit entitled "Gatling Retail Oceana Boulevard Virginia Beach, Virginia" prepared by Freeman Morgan Architects and dated June 22, 2015. When the Property is developed the architectural style and quality of materials used for the self storage building located on the Property shall be substantially compatible with the elevations entitled "Proposed Self Storage System For: All Safe Self Storage David Gatling Virginia Beach, Virginia" prepared by Trachte Building Systems, Inc. and dated June 18, 2015. These exhibits have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning." 3. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code 26238306v3 of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Pages to Follow.] 26238306v3 OCEANA PARTNERS, LLC, a Virginia limited liability company: Pat Yockey, anger )/-. STATE/COMMONWEALTHrOF V l(r I h i CITY/COUNTY OF Mor4o )k J ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 30 day of June, 2015, by Pat Yockey, on behalf of Oceana Partners, LLC. He is eitherersona y known me or has produced as identification. Witness my hand and official stamp or seal this 3o day of J(kVe , 2015. Not Public (SEAL) My Commission Expires: 12 J a L'1 el ��SM/�.y%�� • Registration Number: / a., 23, 20 St�,Q` NOT,g9Q + ,�� 26238306v1 Exhibit A Legal Description of Original Property PARCEL II: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach (formerly Seaboard Magisterial District Princess Anne County), Virginia and shown and designated as "ARTHUR C. SMITH" on plat of"Property of W. L. Miller and Pearl Miller, located near Dam Neck, Princess Anne County, VA", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 27, at Page 67, and being more particularly described as follows: BEGINNING at a point on the western Line of the Court House Road to Oceana which point is located five hundred twenty-six (526) feet in a northerly direction from the intersection of said Court House Road and Etheridge Road; thence running South 72 degrees West, 445.4 feet to a point; thence running North 31 degrees 12' West, 106 feet to a point; thence North 72 degrees 4o' Fast 445.5 feet to a point in the said westerly line of Court House Road; thence in a southerly direction along westerly line of Court House Road a Distance of 106 feet to the point of beginning. LESS and EXCEPT that portion of said property that was conveyed to the CITY OF VIRGINIA BEACH, by instrument dated 6/24/1999 and recorded 11/10/1999 in Deed Book 4167 page 1818 and as shown in that certain plat of survey recorded in Map Book 277 at page 90. IT BEING the same property conveyed to Bank of Commonwealth by Deed from Robert M. reed, Substitute Trustee dated 8/20/2010 and Recorded 8/24/2040 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 1335 Oceana Blvd,Virginia Beach, Virginia GPIN: 2415-04867-74-0000 Parcel III: Parcel A: First ALL THAT certain tract, piece or parcel of land lying, situate and being in the Borough of Princess Anne, City of Virginia Beach, Virginia and being bounded and described as follows: BEGINNING at a pipe, which is the southwest corner of the property conveyed W.C. Miller and Pearl Miller, husband and wife, to Salvador Madina, by deed dated the 6th day of April, 1973, and duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia; thence S. 72 degrees 40' W. 242.8 feet to a point; thence N. 31 degrees 12' W. 106.00 feet to pin; thence N. 72 degrees 40' E.242.8 feet to a point; thence S. 31 degrees 12' E. 106.6 feet to the point of the beginning. IT BEING the same property conveyed to Bank of the Commonwealth by deed from Robert M. 262383060 Reed, Substitute Trustee dated 8/20/2010 and recorded 8/24/2010 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 00 Oceana Blvd, Virginia Beach, Virginia GPIN: 2415-4866-63-0000 Parcel IV: Parcel B: Second ALL THAT certain tract, piece or parcel of land lying, situate and being in the Borough of Princess Anne, City of Virginia Beach (formerly Princess Anne County), Virginia, and bounded and described as follows: BEGINNING at a pin on the West side of Oceana Boulevard, which pin is 548 feet more or less from Prosperity Road; thence South 72 degrees 40' West 202.70 feet to a pipe; thence N. 31 degrees 12' West 106.06 feet to a point; thence North 72 degrees 40' East along the central line of a ditch 202.70 feet, more or less, to a pin in the Western line of said Oceana Boulevard South 31 degrees 12' East 106 feet to the pong of beginning. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach as recorded in Deed Book 4174 at page 2265 and as shown in Map Book 274 at page 91. IT BEING the same property conveyed to Bank of the Commonwealth by deed from Robert M. Reed Substitute Trustee dated 8/20/2010 and recorded 8/24/2010 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 1345 Oceana Blvd, Virginia Beach,Virginia GPIN: 2415-4887-40-0000 26238306v3 Exhibit B Legal Description of Additional Property Parcel I: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, with the buildings and improvements thereon, and more particularly described as follows: BEGINNING at an iron pipe in a public road leading from Oceana to Princess Anne Court House in the northern line of Smith, and running thence alongside said road,North 31 degrees 17 minutes West a distance of 212 feet to an iron pin in the line of Curry; thence South 72 degrees 56 minutes West a distance of 212 feet to an iron pin in the northern line of Smith; thence along said Smith line,North 72 degrees 56 minutes East to the Point of Beginning. LESS and EXCEPT that portion of property conveyed to the Commonwealth of Virginia by deed from Margaret Hollingsworth dated 3/24/1944 and recorded 8/7/1944 in Deed Book 223 page 543. LESS and EXCEPT that portion of property vested in the City of Virginia Beach by Final Order vesting title in that certain cause styled City of Virginia Beach, a municipal corporation v. Richard L. Lex dated 1/6/2003 and recorded 12/27/2003 as Instrument No. 200301270010795, and as shown on that certain plat recorded in Map Book 275, at Page 21 and amended in Map Book 283, at page 27. IT BEING the same property conveyed to Bank of Commonwealth by Deed from Robert M. reed, Substitute Trustee dated 8/20/2010 and Recorded 8/24/2040 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 1325 Oceana Blvd, Virginia Beach,Virginia GPIN: 2415-4878-35-0000 26233306 v3 "mil, 1111 0; ' I r•-• 1 > ,.. _..., ..7 . ...i.r.,, 40 Um , -,, I: • 2- _ :-.)--- , . •\, .;P, so ma i =10 -`--1 .C a 11 \ P il A#''-i 0'.,•,<,C''' -----21 III- ° 1 Z7 4404 ... .---- -Tr — 0) _4t ot,-1 ' . s',.,>."11111.111111111111.111rk -I,41, li -r-"7" a IL) ca) k I IT ,,-, 1 ,--- ,-,-t-''''' .." ..*.,,s._ , .., a, alpirrimil'i•,.....,-, . t... / . ,.. ,. .. m.,. . 4 11114j ainsta:-141 4- , i ---,...• .... 40) i i / - 0 <' ',. 11111111111111g1 a. i.-- ;.• f- ''''''t. (4 ..- _ 4, „...„..,., '- -.4'L M ar 1 1 / . ,.- . --, _ 4 / : ',,o - ' :e-Pillib..' - , 1 ___1-1 i ? 141, , , -: ts•'r, , .... A'-r \ - •.., / / 4.. '. 1 i I r ' • 4. -1-7 N' ' ''' •,4),\%,\:1- '4\‘CA 1 14-\\„ .4- - .---•• :\N! ' \ ‘ -• L-- \IIN VliliN I 1 .4 °' ,i \its4 kY'''' •N "\\ -- ../>.•--' .. , :. 1 \ k it. cf) 0 kiliiiii I \ * \17.. . \.. . •1 .,C60 • - _..-4..)- 4'4, ?/>'VY\ 6'‘ ' -''... ? .. ..k - NI/ • CC-:,810 ,-'`..-- 0 fi C 0 ... E 2 do.-.• ode I . .- ct. rill:f Wir ..• te---'' . . .- , Er...... 1 .. m P. -:'--- __Ilp --- 72m:Pm - EssirisistasT1 i,i a. ........,.•• :::- it'', 1„; l .6. k-- 2 II*KIAMMERNIEM 4:gat# < • '-'' ,449. c -,...- . Mir r.'-i: MIEFEENEVI;rif - .-, '. .,,• ---, -...s.,,:,„ni•tr_tzfLeitP-IF co - . . -/..Pif p im e rm (...) /7, — c.' . ';'"itsillP i OP Or-ri GgeklialifililliCglikk tic i ALL, 4:511412161Mati Vsill U 4 .9. i'.076' •:' ******* / 12..6 .,t 'NJ' . istairaft - , .......e„,,,,.,VIIIIIILV4 .'- iii t'. • 4.PNISLIMEtil . - - 1-'7 -:. : $4, - Cr)....N. , a LH ---.:- ili vs ...,1%,,,;- ....-4;.... . , ,7...,. • MPESISSIMINIL:::\-. 'ft .g &„ .. ,,,z1 . p-1—.......—. –, _.I,.I•I A 01,,f3.'I'II LAIlti'. -- -.`A 79r5%,; a�aKv�i'c� r. ti,I �� ;,, i;sg!„ ,,,.......,.., ,..,.,,,,„,,,„...„ CITY OF VIRGINIA BEACH - AGENDA ITEM ITEM: TRUSTEES OF EASTERN SHORE CHAPEL [Applicant & Owner], Conditional Use Permit (Cemetery). 2020 Laskin Road (GPIN 2407278748). COUNCIL DISTRICT— BEACH. MEETING DATE: October 6, 2015 • Background: The first Eastern Shore Chapel was founded in 1689 and both the Eastern Shore Chapel and cemetery have been located on this Laskin Road property since 1954. The existing cemetery has 5,545 graves, with 518 grave sites remaining available. • Considerations: The Eastern Shore Chapel desires to expand the existing cemetery into five additional acres. The expansion will allow for an additional 2,500 grave sites. Further details pertaining to the proposed cemetery expansion, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with one abstention, to recommend approval of this request to the City Council with the following condition: The cemetery expansion, when developed, shall be substantially in conformance with the concept plan entitled, "Cemetery Expansion Plan," prepared by Gallup Surveyors & Engineers, Ltd., dated April 29, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manager: k BEACH 2 J� Trustees of Eastern Shore Chapel ,. `.„.;La ,„„4„,,,,,,,..,„.: - ` 4% •`Tom ' A18 August 12, 2015 Public Hearing ; X6lie arra ._.,-- 1 — - //! 1 nz -t ; APPLICANT & PROPERTY OWNER: Pt ; �•. /' f •''� ;' -� TRUSTEES OF Apo � : EASTERN SHORE w ra¢*+ :i�.I�.�a / i �, i CHAPEL tryr,1 IN I 4721 " �a (: , •/ANI FJl�.1 �� -�""� , l :.`+ II YI . . r`a 4% tril)r og, ' ' - • i ? 11 . . „—.. . hiLa A Atkv A V '-' 'at 114 'ANA w ca.n...q,en...q..Sew.r,a.al. CUP/or Cemetery STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit for a cemetery ADDRESS/DESCRIPTION: 2020 Laskin Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24072787480000 BEACH 23.642 acres Greater than 75 dB DNL and APZ-2 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow development of this 23.64-acre site for an expansion of the existing cemetery on the property. The cemetery is associated with the Eastern Shore Chapel that operates under a Conditional Use Permit on the adjacent parcel. The Eastern Shore Chapel and cemetery have been on these properties since 1954. Due to the age of the operation, there is no Conditional Use Permit for the existing cemetery. The cemetery is located on what is actually the fourth location of the Eastern Shore Chapel. The first Eastern Shore Chapel was founded in circa 1689 in the Colony of Virginia, a parish to the Church of England. In 1730, the second Eastern Shore Chapel was constructed for approximately 1,000 pounds of tobacco. In 1900, the original cemetery was created on the site of the third Eastern Shore Chapel (1753 to 1952)on land that is now part of NAS Oceana. The cemetery was relocated to its present site in the early 1950s by the U.S. Navy, due to the expansion of the runways at NAS Oceana. There are currently 5,545 grave sites in the existing cemetery. Today, 518 sites are available for sale to church members and to the general public. A columbarium was built with 295 niches, of which 178 are TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 1 available for sale. The applicant projects that the inventory of available graves will be exhausted by approximately 2022. The proposed cemetery expansion area will add approximately 2,500 new grave sites. According to the applicant, a portion of the proceeds from the sale of the grave sites is put into a trust fund, providing funds necessary for the current and future maintenance of the cemetery grounds. Details The cemetery property is nearly 24 acres in size. The proposal is to develop approximately five acres of the primarily wooded portion of the property for an expansion of the cemetery. The submitted layout depicts the expansion as five separate sections with vehicular and pedestrian access ways providing interconnectivity between these sections. Portions of the property are within the Resource Protection Areas of the Chesapeake Bay Preservation Area; however, no encroachment into this environmentally sensitive portion of the site is proposed. Access for the cemetery is by Laskin Road via Bratten Avenue, a 30-foot wide right-of-way, or Eastern Shore Chapel Road, an existing private driveway. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Cemetery and columbarium SURROUNDING LAND North: • Multi-family dwellings, shopping center/A-18 Apartment USE AND ZONING: District, B-2 Community Business District South: • Laskin Road • Multi-family dwellings/A-12 Apartment District • Office, retail/B-2 Community Business District East: • Shopping center/ B-2 Community Business District West: • Freshwater pond—Chapel Lake • Single family dwellings/ R-7.5 Residential District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed. CULTURAL FEATURES: Portions of the site are within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Resource Protection Area. No land disturbance is proposed within this sensitive area. The existing cemetery is built on a hill that slopes down to Wolfsnare Creek. The property where the cemetery expansion is proposed is heavily wooded. 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.). ; TRUSTEES OF EASTERN SHORE CH ,a EL~ A Agenda It 2 Pf.er2 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road is a four-lane, major arterial road with an approximate right-of-way width of 150 feet. The MTP depicts a six-lane, major arterial with an ultimate right-of-way width of 165 feet. This site is not within the proposed project limits of CIP 2.156.00 (Laskin Road—Phase 1), but traffic volume on Laskin Road may be affected by this CIP project. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use Laskin Road 29,332 ADT ' 27,300 ADT (LOS a"D") 25 ADT Proposed Land Use 25 ADT Average Daily Trips 2 as defined by existing cemetery 3 as defined by cemetery addition—no appreciable change in trig generation is expected LOS=Level of Service WATER&SEWER: This site is currently connected to City water and sewer. ♦ • EVALUATION AND RECOMMENDATION The nearly five-acre expansion of the cemetery, in Staff's opinion, is an excellent use for this church- owned property. The cemetery is compatible with the surrounding uses and with the Greater than 75 dB DNL AICUZ and Accident Potential Zone 2. Traffic Engineering Staff indicates that this expansion will have no appreciable increase in vehicle trips. Based on these facts, Staff recommends approval of this request with the condition below. • CONDITION The cemetery expansion, when developed, shall be substantially in conformance with the concept plan entitled, "Cemetery Expansion Plan," prepared by Gallup Surveyors & Engineers, Ltd., dated April 29, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. TRUSTEES OF EASTERN SHORE CH EL 'Agenda It -2 P,ajgb 3 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. TRUSTEES OF EASTERN SHORE CH EL Agenda It 2 Pae 4 t gi* I ,7, 0, 1 1 1 1.' i 1€11ii.'0' I , , ; Ji i h., 46. I ' it/ Otio. .. I A, Cr C., I . S Z ) . 0 .i i 0 cr , . . tr`i) t. -z. if.,:fq 7 - % t cr 4 .z• ' ( t Alo m . k ' 1 4. e ' 41 ' t _ * X _ I i. 11;f i:1;:4,.02 3 ; y • •,,, I 1--' • • W t * , •, kr • * • -•,• ,.. - - i•,r pi— I oi t, . I .. t g .:k litit...V kt f. 1 k,.; I i I t p:: - in . 1 , . .' AERIAL OF SITE LOCATION Ll TRUSTEES OF EASTERN SHORE CHAPEL . ; Agenda Item 2 Page 5 .;,-. - a . .44. ll Illi L I CVO!! NIA Vl -� I a `\ 1 5 u ' ii i 3 a 1,1 1 6 illiSt , : ; yI: ' § ' a C &• iLI e r �j// z, y x 11 O i .. Y o,o,.,a �' Z i ,�. e�}y ' I I a Fd ' - 1114 111 u ?- , ‘ 11 c.\,,, ,'"...!.\.44:1„:„.\ \\ \ 1,,, i LLI pr ,,.: \$1<\ --x. --,--;. .1441k, 1-1/, Ntigh, '-‘:- • \ ./../ 1\ \ --�-`°L f --asp. ‘ ••• 'a ) 1.1 .s.‘, y 0. \ \ �. I iii / \ t \ .. \ � ♦� PVA �•( N ► 4 (�! , . .) �' 0 / I �_ 1 ta a / ) In /, 1 7 ( ;� f \�\, r 1r 3' Ve? 1lc \ \ -i 1. s 11 -a a:a 1 • ti J ' 11i I PROPOSED SITE LAYOUT { G S" tr1tA BEA' , TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 6 r .-. . BEACH Map J-6 Trustees of Eastern Shore Chapel Ma.Not to Scale _ �:,-;.:0.-.4f40 1 IRI 1111- IIH f �{� ;., r` .r,,..'-._^-' is 11.04.111:r - rypi, r ! • � �fj Ce., . .-' —-— .„ L\ ; r UVJ l JI'j ice" 1.., I n _-, I filitia --PI _.„,p& ..kt ! iwtivir.--1 priati N 4,i .. .,, 4--„,":-------.. ..) ... $.. r ''.J' B2 , .r f/2 -'----------- c--'\ /1.-,-\\, CHlGKEN V ,__,,,„„opiey, ),„, • LST y ® Q' o -41111 imitiPilN Fitia4 l, ''''-,, ,v-4,-.1:41/7/r, N* 4:4‘ ' • -- -olt P ivi w 1•E�711, 60aiall o X11 ,A ' N) 5 ' -*fi_:.Z4!2•1 !7 E 3 I 0101011111 El� r� t3 - i� `1-- ' to . • um rfr SP , I112L 0.. 411 •442**7 ) - i 02,14 • ,00'0 o r,,11...., , •Zoning with Conditions/Proffers,Open Space Promotion CUP for Cemetery 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 08/27/2013 REZ(A-12 to Conditional I-1) Withdrawn 3 05/11/2005 CUP(Bulk Storage) Withdrawn 4 06/08/1999 CUP (Motor Vehicle Sales) Approved 5 03/27/1998 NON (Alterations) Denied 6 08/13/1984 REZ(A-1 to B-2) Approved s` ,.., 1 TRUSTEES OF EASTERN SHORE CHAPEL ;eii; ,, Agenda Item 2 Page 7 OW ilit 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 g 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. ElCheck here if the APPLICANT IS a corporation, partnership,firm, business, or FOR CITY USE ONLY/All disclosures mu-t be updated two 121 weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(si. El APPLICANT NOTIFIED OF HEARING DATE: _ � )C1 NO CHANCES AS OF DATE:8/7/15 A q/:. 3, I`; O REVISIONS SUBMITTED DATE. ' DISCLOSURE STATEMENT TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 8 I , vnsw ia 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) Trustees: Nick G.Wilson,Ill;Daniel R.McCready;Courtney Many (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Avnlicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Trustees: Nick G.Wilson,Ill;Daniel R.McCready;Courtney Many (8) 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 TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 9 ;snd Virginia Beach "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entityrelationshi ' 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 aoolication or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) l l ® Accounting and/or preparer of t ' your tax return ® 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) 171 Construction Contractors ® [J Engineers/Surveyors Gallup Surveyors 8 Engineers,Ltd. 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 TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 10 AB Virginia Beach Financing(include current f (� mortgage holders and lenders I I vg selected or being considered to provide financing for acquisition or construction of the property) CM Legal 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 ❑ i an interest in the subject land or any proposed development �J contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. t'a-writtedie inn —rnA,aa._ >r s C. APPLICANTS SIGNATURE PRINT NAME DATE CiW.tAGt1c.mLA11 LOrtI.IA{.,,f L. M.ur,y Tfay444._ s 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 TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 11 ill I . AB Virginia Beach Financing(include current C qi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services ❑ it 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 ❑ DO 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 y public body or committee in connection with this Application. 71l _.� -Ns tete.AS Zi.W14.S to moi_' `'�'�tL5TEE ESe-- APPLICANT'S SIGNATURE PRINT NAME DATE t)v( /1/.�- 2i- N ke41d,gTS 5.wl Cro►— —ruPROPERTY OWNER'S SIGNATURE ` S l S SG PRINT NAME 1 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 TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 12 I AB Virginia Beach Financing(include current ❑ lvi mortgage holders and lenders IN selected or being considered to provide financing for acquisition or construction of the property) ❑ fT1 Legal Services C V 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 ❑ 7"^' 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 m etffig of any public body or c• mittee I connection with this Application. CANT'S SIGNATURE /� ' PRINT NAME f DATE 1 PROPERTY OWN 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 TRUSTEES OF EASTERN SHORE CHAPEL Agenda Item 2 Page 13 Item#2 Trustees of Eastern Shore Chapel Conditional Use Permit 2020 Laskin Road District 6 Beach August 12, 2015 CONSENT An application of Trustees of Eastern Shore Chapel for a Conditional Use Permit for a cemetery on property located at 2020 Laskin Road, District 6, Beach. GPIN: 24072787480000. CONDITIONS The cemetery expansion,when developed,shall be substantially in conformance with the concept plan entitled, "Cemetery Expansion Plan," prepared by Gallup Surveyors& Engineers, Ltd.,dated April 29, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. A motion was made by Commissioner Thornton and seconded by Commissioner Wall to approve item 2. AYE 9 NAY 0 ABS 1 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER ABS RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a verbal vote of 9-0-1,with the abstention so noted,the Commission approved item 2 for consent. Bruce Gallup appeared before the Commission on behalf of the applicant. I mv,...s.011.0i164i- I ali Z OM ' MOM : li SIM . . I ....4.. E N. •..... ..,, 4•0 c ••••• __, z *- ra • C I ° 2 ....__ R _Q. , .1 _.... • , 1 • 1 \ :t •--- cet_eet_ _______, CC an!Ja ylaqezn3 uaanO L..) 0 4) E 0 1 . . , . 0 ..4--;t.... 0 4..., .t. , X 1,- co 0 0 cu ce 14 \ . 1 3 a is 1 . C CD 6.. 0 . , ......, 0 , , 110 .------- ,. C ie. Z to iinop a2Joa9 'IS .......------Th o . (.....) LI 0 - 0 , 11111 ___-------------------- S v) .....1 LA Y 00 ---------t ---cz .„, I \ i.- . V WI * ... 11-- 1._.v , tll ..... .., MOS... ..., ,,... . eAlia dunqd a3uud ZLIU ... ........ -,..- , ?...., . ta I 1 I Z • ! z X C T ...I 0111 72 , ---------- '2 ,____ [ ',Cot"tili,,,, o` I!' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RACHELLE M. KITZMILLER [Applicant & Owner], Conditional Use Permit (Home Occupation — Personal Trainer), 805 Saint George Court (GPIN 1488429028). COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: October 6, 2015 • Background: The subject site is zoned R-15 Residential District and a Conditional Use Permit is required for certain home occupations. • Considerations: The applicant is a certified personal trainer and desires to train a maximum of four clients at a time in her garage. There will be no outdoor activities, no additional employees and all parking will be accommodated on the site. Further details, 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 10-0, to recommend approval of this request to the City Council with the following conditions: 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. The home occupation shall be conducted on the premises which is the bona fide residence of the principal practitioner. Rachelle M. Kitzmiller Page 2 of 2 5. There shall be no sales to the general public of products or merchandise from the home • 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. \,fir----. City Managerl S I-, 7tq m''4, LYNNHAVEN DISTRICT—,os ss.wars.coati Rachelle M.Kitzmiller 2 September 9, 2015 Public Hearing e 65 db GNt AICU2 I I a. APPLICANT& PROPERTY gi OWNER: • RACHELLE M. 3 KITZMILLER Kings Grant Road Conditionol Use Permit for Home Occupation(personal trainer) STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit for(home occupation—personal trainer) ADDRESS/DESCRIPTION: 805 St. George Court GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14884290280000 LYNNHAVEN 15,216 square feet Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to operate a personal training business out of her single family dwelling in the Kings Grant neighborhood. According to the application, the applicant is a certified personal trainer, fully licensed and insured. She proposes to train clients one-on-one and also in a small group setting of up to four people. The training is planned to take place within the garage with no outdoor activities planned. The small group training will typically be held between the hours of 6:00 a.m. and 8:00 p.m., and the individual training sessions will be by appointment. Clients will park in the applicant's driveway. The applicant has no additional employees and does not propose to make any changes to the site as part of this request. RACHELLE M. KITZMILLER Agenda Item 2 Page 1 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single family dwelling SURROUNDING LAND North: • Single family dwelling / R-15 Residential District USE AND ZONING: South: • Single family dwelling / R-15 Residential District East: • St. George Court • Single family dwelling / R-15 Residential District West: • Single family dwelling / R-15 Residential District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. There do CULTURAL FEATURES: not appear to be any significant environmental or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) RACHELLE IVLrwKIZZMI = ER Agenda It- 2 Pay- 2 4 • IMPACT ON CITY SERVICES TRAFFIC: Street Name Present Capacity Generated Traffic St. George Court 9,900 ADT '(LOS 4"D") Existing Land Use s- 10 ADT Proposed Land Use -34 ADT 'Average Daily Trips 2 as defined by single family dwelling 3 as defined by a single-family residence plus three classes per day with four students 4 LOS=Level of Service WATER&SEWER: This site is already connected to both City water and sewer. 4 • EVALUATION AND RECOMMENDATION The subject site is zoned R-15 Residential District; per Section 501 of the City of Virginia Beach Zoning Ordinance, the proposed use of personal and small group training requires City Council approval for a Conditional Use Permit for a Home Occupation. The applicant's request for a home occupation to provide indoor personal training is generally consistent with the Comprehensive Plan's land use goals for residential areas and preserving neighborhood stability in the Suburban Area. The proposed use is compatible with the neighborhood scale and the surrounding area. Included in this report is a letter of support signed by three of her neighbors on St. George Court. By following the Home Occupation regulations of Section 234 of the Zoning Ordinance, no negative impact should result from the proposed use. No physical changes are proposed for the subject site in conjunction with this request. Future physical improvements may be made to the site provided that any alterations meet the by-right requirements of the City Zoning Ordinance related to single-family dwellings located in the R-15 Residential District. For the reasons stated above, staff recommends approval of the subject request with the conditions listed below: RACHELLE M KITZMI ER Agenda It 2 Rao - 3 4 e CONDITIONS 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one(1)sign identifying the home occupation. Said sign shall be no more than one(1)square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. The home occupation shall be conducted on the premises which is the bona fide residence of the principal practitioner. 5. There shall be no sales to the general public of products or merchandise from the home. 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. RACHELLE I I'�K1TZMI = ER Agenda If 2 Ra 4 ' ,:::1 u30110 3nlQN7 '4 3a�'Z�13 0 • Vii . . i A• . V ., , , • o c, .1s 411103 ' f G - 4 _ t. LL p:Fm • N r moo.< : ,, .4 AgLi .rt Yu r. j OALIG 1 id a31uAd i aithtithilt 't f- /.... " t tv .-„. ,,,,r; „Joi _if 7t',,,,L -,,• . •11*0 } AERIAL OF SITE LOCATIONt .rYP-\j``v?A',$ A�4a RACHELLE M. KITZMILLER Agenda Item 2 Page 5 11 111,1 1.1_ _--i—__ 1 t . (s ♦ -..-• ?.w, `' ems`" '1.4 ' ;1 . r EXISTING CONDITIONS SITE PHOTO FROM ST. GEORGE COURT 4 = . RACHELLE M. KITZMILLER Agenda Item 2 Page 6 <65dbQNLAICUZ OSIS el\ i a aI 2 L f,g • PA }____ a J IW a•` ul C _ °' \_... _.______io III 0 0 4 MINCS GRANT N.' M,„� ,RANT NO Kings Grant Road 4U There has been no activity in the vicinity of this application in the past ten years. ZONING HISTORY RACHELLE M. KITZMILLER Agenda Item 2 Page 7 RockBody-Fitness,LLC 805 Saint George Ct Virginia Beach,VA 23452 808-783-2874 Dear Neighbors, I am applying for a conditional permit for my home business. I run a personal training business from my home's garage. In order for me to train more than one individual at a time(no more than 4 at any given time),I need a special permit. By signing below,you are acknowledging and saying that it is okay to run this business. Cars that do not fit in the driveway will overflow into the street when the groups reach the 4 person limit. Groups will not last later than 8 p.m.nor start before 6 a.m.The garage doors will be kept dosed to reduce any noise or visual disturbance. Thank you for your support and cooperation. Sincerely, Rachelle M Kitzmiller RockBody-Fitness Owner / Printed Name: Z)/.4•6,..t) Gi2e?95/YIfri✓ House Address: ?il 7- (4"w2ri, —GT Are you the horn n . r no . / Signature: Date: C4y29/.1 /f Printed Name: N(,C fiJ ['1Jt rrt House Address: S'o/ SAA/N% zits r c Are you the ho r? es' or no Signature: r?�25j lC/ ,� Date: ^- Printed Name: y✓ k' /� L f1[MJi) House Address: P '/ •0 Sit/ 'VT 6EOx 6-t CT, Are you the ban/17270 ?1 o no / // Signature: / /?.1-yds - Date: b/zt/15- Printed Name;`, ) y'1 rya_ 1 p nne 11 House Address: 'ET*) " f. (rtetrlr ' Are you the home owner? Ye or no Signature: :r'VW o e, yl� Date: tI F l361(S Printed Name: House Address: Are you the home owner? Yes or no Signature: Date: LETTER OF SUPPORT RACHELLE I : KITZMI ER ,Agenda It-.) 2 Pari- :8 1B 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 Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning: Appeals Certificate of Floodplain Variance Appropriateness greet Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board -4 Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. isjCheck here if the APPLICANT IS a corporation, partnership, firm, business, or Nage 1 of 4 E. , DISCLOSURE STATEMENT RACHELLE M. KITZMILLER Agenda Item 2 Page 9 0 0 ,..../B 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) —Ra �k-z. 11e, c \ K,- zmtl\e r , uwr�.e �r- , sore. . ti\P °`I-Q'Q (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N(A 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 Aoolicant. n[ Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Roperty Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Ret.-(,11G1/6 in, a n cD wed XiI 03) 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.E DISCLOSURE STATEMENT RACHELLE M. KITZMILLER Agenda Item 2 Page 10 C v Virginia Beach ' "Parent-subsidiary relationship'means`a relationship that exists when one corporation directly o' Indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See Sate 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 (Ili)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business 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?Sae Sate 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 I NO SERVICE PROVIDER(use additional sheets if needed) • 171 Accounting and/or preparer of LfJ your tax return El ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)—identify purchaser and purchaser's service providers Any other pending or proposed ❑ 2 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • © Construction Contractors 0 [I Engineers/ Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law.0 DISCLOSURE STATEMENT RACHELLE M. KITZMILLER Agenda Item 2 Page 11 '-' ,-1 Mii Virginia Beach Rnancing(include current El Q mortgage holders and lenders OGw� L. c a•r� selected or being considered to provide financing for acquisition Sery c:`ih j1--/, or construction of the property) 0 El Legal Services [11 ® Heal 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 El ZI an interest in the subject land or any proposed development contingent on the subject public action? ,f 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 of any public bod or committee in connection with this Application. 4100 \ �� r + G.0 ►,Qlte i\A 07-millfrU(� tIs PRINT NAME DATE PROPERTY OWNERS 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 Iaw.E DISCLOSURE STATEMENT RACHELLE M. KITZMILLER Agenda Item 2 Page 12 Item#2 Rachelle M. Katzmiller Conditional Use Permit 805 Saint George Court District 5 Lynnhaven September 9, 2015 CONSENT An application of Rachelle M. Katzmiller for a Conditional Use Permit for(home occupation—personal trainer)on property located at 805 St. George Court, District 5, Lynnhaven. GPIN: 14884290280000. CONDITIONS 1. Per Section 234 of the City Zoning Ordinance,there shall be no more than one (1)sign identifying the home occupation. Said sign shall be no more than one(1)square foot in area,shall not be internally illuminated,and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise,dust,vibration,smell,smoke,glare,electrical interference,fire hazard,or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. The home occupation shall be conducted on the premises which is the bona fide residence of the principal practitioner. 5. There shall be no sales to the general public of products or merchandise from the home. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 2. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE Item#2 Rachelle M. Katzmiller Page 2 WEINER AYE By a vote of 10-0,the Commission approved item 2. The application Rachelle Katzmiller appeared before the Commission. L. V :;:t0 rs Gy n CUI n 0 U re A ,�k .•• C 7 = be 4 6 +�.0 it. 6 CI Iiit m 1c�` ?; i 4 ,.. 6 10.5e. ts te) ..... •... s ..; *tets1 ..,„ ,..,, Cl.) LA 'IS i 3 Inialk ,---„ IJ t; ier, ,, 4. 414014000, - , 7 Ad A 7 siiiimor R- `-a ,, a 47 pegkif,-...,,.,. ` - --.,..� " Ilitil 0 �' 4 rloso *WI r +4 Sa. la 411101101440 a 0 re N N 11)-9K -7, ., (4.0) ?. a5n hkialoft 4 r ICIICTT 1' farej CZ to s 413 1 4 .. y et .4. 1.,, rill �� It 4 A ...4/ ....__,,..., ; A e` t; cc f s N _ & OU L______,,r i I #1,..t.,,, -_. - - . q: , 4 C46' rTS hl c •��:,:" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER [Applicant] PP&P, LLC [Owner], Conditional Use Permit (Service Station with Convenience Store), 3001 Silina Drive (GPIN 1496196871). COUNCIL DISTRICT— BEACH. MEETING DATE: October 6, 2015 • Background: A Conditional Use Permit for an automobile service station was approved on the subject site by the City Council on November 1, 1965. In 1986, the site was redeveloped with a one-story, 7,302 square foot commercial building. The applicant now desires to demolish the existing commercial building and redevelop the site. • Considerations: A Conditional Use Permit is being requested to allow a 3,030 square foot convenience store with eight fueling stations. Further details pertaining to the site and building design, 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 10-0, to recommend approval of this request with the following conditions: 1. The site shall be developed in substantial conformance with the submitted Plan entitled "SILINA DR., PRELIMINARY LAYOUT PLAN," dated June 30, 2015, 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 S. LYNNHAVEN & SILINA DRIVE, VIRGINIA BEACH, VA 23452" dated April 24, 2015, 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 KEYSTONE Larae Tucker Page 2 of 3 GAS CANOPY," dated May 6, 2015, prepared by Cummings. The fuel canopy supports shall be wrapped in brick to 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 May 6, 2015, 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. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. 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 shall include provisions for implementing low-level security lighting for non- business hours. Larae Tucker Page 3 of 3 11.Any vacuum or air pump machines shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 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 Departmer City Manager: 12--• m''1- BEACH DISTRICT—30011000 Drive targe Tucker 4 w _ M / #f September 09, 2015 Public Hearing y w >754ULDNI.AICD.Z APPLICANT: LARAE TUCKER .w . 70_74 db p «. PROPERTY OWNER: .. . % - PP&P, L.L.C. 01, sann Conditional Use Permit-fuel sales with convenience store STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(fuel sales with convenience store) ADDRESS/DESCRIPTION: 3001 Silina Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14961968710000 BEACH 29,822 square feet 70-75 dB DNL • • BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit for an automobile service station was approved on the subject site by the City Council on November 1, 1965. In 1986, the site was redeveloped with a one-story, 7,302 square-foot commercial building. The applicant now desires to demolish the existing commercial building and redevelop the site with a gas station, convenience store and fuel canopy. Details: The applicant requests a Conditional Use Permit to allow the redevelopment of the site with a 3,030 square-foot convenience store and fuel canopy that will accommodate eight fueling stations. The proposed convenience store is located in the southwest corner of the site. The fuel canopy, parking and vehicular access occupy a majority of the remaining site. There are 13 parking spaces located on the site. Landscaping, including planting beds with hedges and canopy trees, are shown along both Silina Drive and South Lynnhaven Parkway. Foundation plantings are shown along both sides of the building visible from the public rights-of-way. The dumpster will be located on the south side of the building and will be screened using a wall to match the material of the building. All required planting around the perimeter of the dumpster enclosure is also depicted on the plan. All planting and screening requirements will be reviewed in greater detail during the formal site plan review process. LARAE TUCKER Agenda Item 4 Page 1 Access to the site will be from two existing curb cuts, one along Silina Drive and one along South Lynnhaven Road. The applicant will install a right-turn lane and replace the public sidewalk along South Lynnhaven Road in order to provide a continuous sidewalk along both rights-of-way. The submitted elevations depict a one-story, 3,030 square-foot, 7-Eleven convenience store. The primary exterior material is brick.To provide visual interest, contrasting color bricks are proposed along the water table and as accents on the side façades. A band of split-face block extends around the entire façade and matches the quoin accents at each corner. The front façade has storefront windows and an "industrial- style"canopy centered over the entry. The portion of the façade containing the entry will be projected slightly. A monument-style freestanding sign, with a brick base to match the building, will be located at the intersection of Silina Drive and South Lynnhaven Road. Additional signage is proposed on the fuel canopy. The support structures of the fuel canopy will be wrapped in brick to match the building. 4 e LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Restaurant and retail SURROUNDING LAND North: • Silina Drive USE AND ZONING: • Fuel Sales with Convenience Store/B-2 Community Business District South: • Office warehouse/B-2 Community Business District East: • South Lynnhaven Road • Multi-family dwellings/A-18 Apartment District West: • Convenience store/B-2 Community Business District NATURAL RESOURCE AND The site is located in the Chesapeake Bay Watershed. The site CULTURAL FEATURES: almost entirely impervious, as a majority of the site is developed with a one-story building and paved surfaces. There do not appear to be any significant 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, livability, and effective buffering with respect to type, size, intensity and relationship of surrounding uses. (pp. 3-1, 3-2) ry- ;A , µ. LA E T OR t' `' Agenda It 4 kn Pae 2 4 0 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the southwest quadrant of the signalized intersection of South Lynnhaven Road and Silina Drive. The site has a driveway on each street. South Lynnhaven Road is an undivided four-lane minor urban arterial roadway with a two-way left turn lane in front of the site; it is only a northbound left turn lane for Silina Drive. Silina Drive is a collector roadway. Although in front of the site it is four lanes and divided, it becomes an undivided two-lane roadway less than 150 yards west of the site. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Lynnhaven Road 16,300 ADT ' 22,800 ADT 1(LOS 4"D") 27,400 ADT (LOS "E") 350 Existing Land Use 2 ADT 9,900 ADT '(LOS°"C") 2,562 Proposed Land Use 3 ADT Silina Drive 8,200 ADT i 11,100 ADT ' (LOS 4"D") 1 Average Daily Trips 2 as defined by 7,300 square feet of general retail 3 as defined by 3,030 square foot convenience store with 8 fueling stations a LOS=Level of Service WATER: This site is connected to City water. There is an existing 8-inch City water main along Silina Drive and an existing 8-inch City water main along South Lynnhaven Road. Three existing 5/8-inch meters (City ID#95016928, 95016927 and 95117722)currently serve this property and may be used or upgraded to accommodate the proposed development. SEWER: This site is connected to City sanitary sewer. There is an existing 8-inch City gravity sanitary sewer main along Silina Drive and an existing 8-inch City gravity sanitary sewer main along South Lynnhaven Road. Pump Station#511 is the receiving pump station for the site. 4 4 EVALUATION AND RECOMMENDATION This proposal will redevelop what has become a deteriorated property located on a highly traveled roadway. The proposed site upgrades and architectural design, in Staffs opinion, are consistent with the commercial nature of the area and will be a welcomed aesthetic improvement to the site. 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. LA ►E U 4R,.; `� '`Agenda It 4 ';' Page • 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 Lynnhaven Road and Silina Drive remain the same and in the same location. Additionally, a right-turn lane is being added to provide safer access from South Lynnhaven Road. The proposed site design locates the building at the rear of the site, therefore separating vehicular and pedestrian traffic to provide safe and convenient internal circulation. • Pedestrian Movement-Sidewalks are depicted along both rights-of-way, and as recommended by the Zoning Ordinance, a pedestrian path from the sidewalk on Silina Drive to the building's entry will be provided. The pedestrian path will be clearly marked with a cross-walk where it crosses the drive aisle. • Parking Areas-The 13 parking spaces depicted on the submitted plan meet the parking requirement of the Zoning Ordinance. The proposed landscape plantings within the parking area will meet the requirements of the City Landscape Design Guidelines. • Landscape Design Techniques—Streetscape plantings, consisting of a combination of shrubs and canopy trees, will be provided adjacent to both public rights-of-way. Foundation landscaping will be provided along both facades of the building visible from the public right-of-way. There will also be plant material installed around the entire dumpster enclosure and around the air/vacuum unit. • 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; therefore, lighting is not anticipated to have an adverse effect on the surrounding parcels. • Signage -The existing freestanding sign on the site is larger than currently permitted, and is in a state of disrepair. This sign will be removed and replaced with a new monument sign. The submitted plan shows that the sign will be located in a grassy area with the required plantings surrounding the base. The proposed sign appears to be consistent in color and design to the building. A separate sign permit is required, and the sign will be further evaluated at that time. • Building Design -The proposed building 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, projections and recesses, and the use of high quality materials. The prefinished metal canopy on an "industrial-style" building appears to be an architectural trend, and is of the same design as previously recommended favorably by Staff. Based on the findings above, Staff recommends approval of this request, with the conditions below. LOAE U ';agenda It` 4 Pae 4 • • CONDITIONS 1. The site shall be developed in substantial conformance with the submitted Plan entitled "SILINA DR., PRELIMINARY LAYOUT PLAN," dated June 30, 2015, 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 S. LYNNHAVEN &SILINA DRIVE, VIRGINIA BEACH, VA 23452" dated April 24, 2015, 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 KEYSTONE GAS CANOPY," dated May 6, 2015, prepared by Cummings. The fuel canopy supports shall be wrapped in brick to 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 May 6, 2015, 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. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. -4Irr . 4';',ti`s t t LAE R. ,':,,Agenda ItQ 4 * Pale 5 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 shall include provisions for implementing low-level security lighting for non-business hours. 11. Any vacuum or air pump machines shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 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 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. LAtAE TU °: F , 4�_Agenda It 4 Pa 6 ' t 11P7-4 .4 1 :N. 4 t . (it , . , A I i • ' IfIIi• aft /V•• b, r. i':-, t N A. -looS 1 .77 Q f . f I oti .. s I t -r , 1,. # i Ail "�a Iv 1 ( ; tra -7 II ; , , - in. ( ( . , T- 1 .::N, . I- . . __ I, • .?,141„,,., .I I t 4K O -) r ' f ' ' . 1 / F AERIAL OF SITE LOCATION _, y EI I I'll LARAE TUCKER L�� Agenda Item 4 3 Page 7 k'i, .., Ate' HO VNIMS cc o ._. a uA979 T.-7%.111.41=r ---- title,1110AY1 AiNNIVillald z .. On digo/teiln) 110 VICE e °r : e 6 i 1 E I .:112 prop` ! L , A ° iR S. Vii--. ° 19li Baa �j�C CP 71g D -11 ;11015.50W ., 8' i I i o o rte`; ) 40 c3' It 16®1 +i ® 416,. ,,• �r. � Ip. �� i� e + E Y . =4 6.,N,, 1— #Air, 0 v phi,. 1 e: e: 3G • ni 13 v - -, A I ! k. to °• 8 I �- 4 a 1 `4. z so It t�ifr '4 ..• Ii i ° - Ai g I ifiCA 3I !�-'6":„.... ` s/s-�� ?,`, W ri iPrB's ...,•s a3 _ ao � _ . �+ r1 .b.4.%I C7 . . .. eep e — - . s I-5... . . , I Iii li , . , , , „ , lifl r . i ,. t 1 1 i I !C)Ci6 i c O Q P"oiii# ;Si i, w r,. - r a VJ � t ! 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PG 679,) PROPOSED SITE PLAN (Condition 1) _...,,,,.....*%,. .., .-1 .lilltt, LARAE TUCKER io .s..0 , Agenda Item 4 Page 9 t. . _ ...._.....-...., ;,,,,,,,,,, tem xi 3,20.11,10S ' 'r q tii ,I 13.060 311,1M 0.1.2K)S 1,2, 1 i Ite w 21 1111 1041111 .. I li f. NOLLOrifilSNO0 1V011213A 1, "K2 Ill,HJY3SI VINE,Win P5 LI ell i t I co .1., 1J11110 -----.... Iil I I, i , 324SO WOOS 1,43AVSSINAI S 3H0.1.S N3A313-1, 12 iiifiif f 1 1 ICC ;; 6, it ,T i• t 4 I 3 i I i 1 '. :. 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FlUiliCII +IF 8 r �' worn t "r" t R 7, x ^. _ , . :"..'' 11 EXISTING FREESTANDING SIGN (TO BE REMOVED) �i+SIA BFn_ LARAE TUCKER 'L'f Agenda Item 4 Page 11 5--' 0 � a 3 m . a E o a N o C •` V N z N l7 J = c z O ,, '-, zmva0 tD O c gZ0LL17z Ln u 03 �o0 q In kn E ,-Z,-.-0 <7.c 05 v+0 N m d 01 c d 1� 7 LL 0fo*am' o d d m Z °D Gd J 7.3==c W W llll z t m M �m C O c N `°Z 'k Z 2_,0 �n m 3 m L u E sLoWoti-o II " 1 I ■ o m a�ma 3r� • • • • • ao O v (n 0 4-- 71 c 11111111 D ii1 WI L: 11111111111 Q ai g 11111111111 w �1�1�1�1�1! IL g 11111111111 E 1111111 1 1' a C. 11111111111, o I ill1111111 W 1;1;1;1;1;1 0= 2 Z ._ I 11111111111' co > . -4 0 af90 a_ 0,8 N = N o z z •k0 CC)o > Li Q E6 O m m u O J m O PROPOSED MONUMENT SIGN (Conditions 4 & 5) LARAE TUCKER Agenda Item 4 Page 12 } t, a o c Z = 3 U v^ Q o? C v E Q z iii a o $ o V N ❑ �C v�S < W u ~ i i,a N V' m O < ? zpgo • Z F. u S;h 1 0 W " D 2 i< ",,i V1 VI E Y 1 -' iig2 Cl : E Z f31 E N ',4 g O 1`oi o o s 3T oa z • • ••• ■ C I w d O ; E O c 0 o a P. 333 i , 3 ! d VJ o V. i 3 I p v, m 1111.1 , ! 1 p U XF Q d U' a F ---1; T U' co S e —L_ £ G 5 c c mo 1 Wa _._ i 0- ..__ 44 z§ I � 0 O z Z o I- ce 0 9 o m z a z w w u, 1 V < m ti Q a Q 0N LL. O 2 Z B11z ›- CL o^^ s > 0 a> coo U zQ C GJ O Q U O two z o a m 0 V O O Q w W LL J O PROPOSED CANOPY SIGN (Condition 3) LARAE TUCKER Agenda Item 4 Page 13 /4„.. \„.,;;; ..--\\ if i c/ -\--,,,X,,. ("4., iiiiiip , • ,,„,, .la* cts-c.„..7\e'is,z < .---,,—,", ' 4z5I 4 .,4; o 'K': • 2 ,..., - co \''''\::..'''.- .^3�_0 o _ -- B2 _ • ,q` 4, • *TON ds RUN a. _� _ y CO L '39tii t T1044LL 4: 4, 1:,,,0 O _ t Z. 2I !1 1 r ,�_ LT-lir-Tic o X7.5 SILI,,,„ DR T�S- a$i T(]J/�)['�_�� Y-f�l �- �. t� �r L _ �I /fir U ‘ . r--,..-1:Y41 (2'G/0 '''' '.. 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' ? ....._........ z , ,, ; :2 ., , _- LI3-/ �� ..., , �, , v$ - 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 08/26/2003 MOD (car wash) Approved 02/13/2001 CUP (gas station with a convenience store) Approved 2 03/23/1999 CUP (mini-warehouses) Approved 3 03/14/1995 CUP (automobile repair) Approved 4 03/11/1985 CUP (gas station with a convenience store) Approved ZONING HISTORY LARAE TUCKER Agenda Item 4 Page 14 INE Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 4 The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 111 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 Paget of 4 Plammng Commission and City Council meeting that pertains to the applrcation(s) i APPLICANT NOTIFIED OF HEARING DATE. I ,/4 NO CHANGES AS OF DATE V'�)3 -/�� /}V�� REVISIONS SUBMITTED DATE- J DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 4 Page 15 11/41/30.,4 Vir�nfa 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) Larae Tucker (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 ♦ 1 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ElCheck here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. MCheck 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) PP&P,L.L.C. Frederick P.Perkins Johanna M.Perkins Michael Perkins (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 4 Page 16 IAA Virginia Beath "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 entityrelationship" 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. • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 5ubiect 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) ® El Accounting and/or preparer of Jacobson Brotman,P.C. your tax return ® ❑ Architect/Landscape Architect/ K2M Architects Land Planner Contract Purchaser(If other than 7-Eleven,Inc. rithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed N/A ❑X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Xx 0 Construction Contractors TBD ▪ ❑ 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 4 Page 17 /3,mow Virginia Beath Financing(include current Community Bank ® r mortgage holders and lenders E selected or being considered to provide financing for acquisition or construction of the property) Z ❑ Legal Services LeClaire Ryan Real Estate Brokers/Agents for Riddle Associates,Inc. ® ❑ current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeti g of any public body or committee in connection with this Application. alteti GU l Large Tucker G �,� AP NT'S SIGNATU '�tt PRINT NAME TE / , }G1_AKa -- /-2,,,, .-,,, Johanna M.Perkins L, y_i RROPERTY 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 LARAE TUCKER Agenda Item 4 Page 18 Item#4 Larae Tucker Conditional Use Permit 3001 Silina Drive District 6 Beach September 9, 2015 CONSENT An application of Larae Tucker for a Conditional Use Permit(fuel sales with convenience store)on property located at 3001 Silina Drive, District 6, Beach. GPIN: 14961968710000. CONDITIONS 1. The site shall be developed in substantial conformance with the submitted Plan entitled "SILINA DR., PRELIMINARY LAYOUT PLAN," dated June 30,2015, 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 S. LYNNHAVEN &SILINA DRIVE,VIRGINIA BEACH,VA 23452"dated April 24, 2015, 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 KEYSTONE GAS CANOPY,"dated May 6, 2015, prepared by Cummings.The fuel canopy supports shall be wrapped in brick to 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 May 6, 2015, prepared by Cummings.Said elevation has been exhibited to City Council and is on file in the City of Virginia Beach Planning Department. Item#4 Larae Tucker Page 2 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. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. 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 shall include provisions for implementing low-level security lighting for non-business hours. 11. Any vacuum or air pump machines shall be screened with evergreen plant material,of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 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. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 4. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 4 by consent. Item#4 Larae Tucker Page 3 Jean Mumm appeared before the Commission on behalf of the applicant. L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 09/15/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O YL N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND CITY COUNCIL'S BRIEFING: DEVELOPMENT AUTHORITY- Elizabeth A."Boo" Annual Report Twohy,Past Chair, Economic Development Authority II/111/1V/ CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNINI I-E F/G MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y September 1,2015 H/1 PUBLIC HEARINGS: 1. Acquisition of Property ARP NO SPEAKERS 1619 North Muddy Creek Road 2. Lease of City-owned Property NO SPEAKERS 912 Princess Anne Road—"Old Creeds Library" 3. Byrne Memorial Justice Grant NO SPEAKERS 4. 2016 Legislative Agenda ONE SPEAKER I-1 Ordinance to AUTHORIZE acquisition ADOPTED BY 9-1 Y Y Y Y Y N Y A Y Y Y of an ARP Easement at 1619 North CONSENT B Muddy Creek Road S T A N E D 2. Ordinances to AUTHORIZE/EXECUTE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Leases: CONSENT a. Senior Resource Center,Inc.at 912 Princess Anne Road b. Tidewater Youth Services re Lynn haven Boys Home at 2293 Lynnhaven Parkway 3 Ordinance to AUTHORIZE/EXECUTE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Modifications to the Parking Facilities CONSENT Lease with Lynnhaven Mall CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 09/15/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O YL N A O O O R S 0 R EE ENS NMI 00 T R YS ES DS NND 4 Ordinance to ACKNOWLEGE the ADOPTED 9-2 Y N Y Y Y N Y Y Y Y Y intended purchase of Light Rail Vehicles by HRT with available State funding 5 Resolution to AUTHORIZE/EXECUTE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a letter to HRT for the $5,000,000 CONSENT Federal Transit funds re Norfolk Southern Railway r-o-w purchase 6 Resolution to AUTHORIZE a contract ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y between the CSB/Commonwealth of Va re CONSENT Mental Health/Retardation/Substance Abuse 7 Ordinance to EXECUTE an Amended ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Design Agreement with the U.S.Army CONSENT Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration 8 Ordinances to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE Grant CONSENT Funds: a. $1,386,000 from Homeland Security for SAFER re new firefighter positions b. $366,251 from US Field Hockey Assoc re Sportsplex c. $95,475 in Edward Byrne Justice Assistance: 1. $41,048 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections/Pretrial Department d. $75,000 Va Behavioral Health re community based resources for older adults e. $60,060 from DMV/TRANSFER $30,030 to Police re DUI f. $52,000 from DMV/TRANSFER $26,000 to Police re seat belt enforcement g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad,Inc.re ambulance h. $1,000 from Walmart to Fire re CERT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 09/15/2015 PAGE: 3 A S- ✓ H S AGENDA E H A E W ITEM 4 SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O YL N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND J/I 2700 INTERNATIONAL PARKWAY APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y CORP Modification of Proffers of a COZ CONDITIONED, BY B (approved May 14,2002)/CUP re a Mini- CONSENT S Warehouse at 3132 Sturbridge Court T DISTRICT 3—ROSE HALL A N E D 2 KAWLIGA DUKES for a Subdivision APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance re a single-family home/private CONDITIONED, drive at 2884 Indian River Road BY CONSENT DISTRICT 7—PRINCESS ANNE 3 IVY LEAGUE ACADEMY/VA APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BEACH FIRST CHURCH OF THE CONDITIONED, NAZARENE CUP re a Private School BY CONSENT at 4413 Wishart Road DISTRICT 4—BAYSIDE 4 STAIN STUDIOS/OLD BRANDON APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LASKIN ASSOC,LLC CUP re aTattoo CONDITIONED, Parlor at 1721 Laskin Road BY CONSENT DISTRICT 6—BEACH 5 ESPERANZA APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FORONDA/JERRY/ESPERANZA CONDITIONED, FORONDA CUP re Assisted Living BY CONSENT Housing for Seniors/Disabled Persons at 4672 Indian River Road DISTRICT 1 —CENTERVILLE 6 CCW DEVELOPMENT/WAYNE DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y DUPREE Conditional COZ from A-12 to INDEFINITELY, B Conditional A-12 re multiple family BY CONSENT S units at 596 Sea Oats Way T DISTRICT 6—BEACH A N E D 7 CITY: a. Conditional COZ from 1-1 to B- APPROVED 10-1 Y Y Y Y Y N Y Y Y Y Y 4/CUP re Housing Resource Center BY CONSENT at 104 Witchduck Road b. AMEND Chapter 2 of the ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y Comprehensive Plan re inclusion of CONSENT all SGA as Urban Development Areas I II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 09/15/2015 PAGE: 4 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 K APPOINTMENTS RESCHEDULED B Y CONS ENS U S BAYFRONT ADVISORY COMMISSION COMMUNITY SERVICES BOARD— CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION BEACHES and WATERWAYS Appointed 3-Yr Term 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMISSION 7/1/15-6/30/18 Empsy Munden DEVELOPMENT AUTHORITY Appointed Unexpired 11_0 y y y y y y y y y y y thru 8/21/17 Rony Thomas DOMESTIC VIOLENCE FATALITY Appointed—No Term 11-0 Y Y Y Y Y Y Y Y Y Y Y REVIEW TEAM Angie Laing,Norfolk General Hospital Forensic Nurse Examiner TIDEWATER COMMUNITY COLLEGE Appointed Unexpired 11.0 Y Y Y Y Y Y Y Y y Y Y thru 6/30/19 Cindy Free VIRGINIA BEACH COMMUNITY Appointed Unexpired 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION thru 12/31/15+4 Years thru 12/31/19 Tammy B.Hindle Peter Reuss WORKFORCE HOUSING ADVISORY Reappointed 4-Yr 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD Term 10/1/15-9/30/19 Timothy F. McCarthy John Olivieri L/M/N ADJOURNMENT 6:27 PM