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DECEMBER 1, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL oNlA s% MAYOR WILLIAM D.SESSOMS,JR.,At-Large V1(1 MAYOR LOUIS R JONES,Bayside-District 4 O� — 4 M BENJAMIN DAVENPORT At Large H "2 ROBERT M.DYER,Centerville-District I U f,v-t - BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall--District 3 , JOHN D.MOSS,At Large rs AMELIA ROSS-HAMMOND,Kempsville-District 2 ,>S\°"� F OUR JOHN E. UHRIN,Beach--District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING JAMES L. WOOD,Lynnhaven-District 5 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER JAMES K.SPORE PHONE:(757)385-4303 (7TYA77MRNEY-MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN E-MAIL:FAXCtyc(l )385- 669 (HYAUDI7'OR- LYNDON S.REMIAS 1 December 2015 com (777 CLERK RUTH HODGES FRASER,MMC • MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room - 4:00 PM A. VBHomeNow Pastor Ray Bjorkman, Chairman Linwood Branch, Vice Chairman B. GREEN RIBBON COMMITTEE Clay Bernick, Administrator- Environment and Sustainability Wayne McCoy, Founder and President- Mid-Atlantic Environmental, LLC Karen Forget, Executive Director- Lynnhaven River NOW II. CITY MANAGER'S BRIEFINGS A. CULTURAL ARTS PLAN 2030 Emily Labows, Director—Office of Cultural Affairs Duncan Webb, President, Webb Management Services, Inc. III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. 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 VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tyrone L. Johnson, Pastor New Oak Grove Missionary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 17, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC COMMENT 1. TOWN CENTER PHASE VI 2. OLD BEACH VILLAGE 3. ARENA PROJECT I. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY Princess Anne Road and Winterberry Lane 2. TRANSFER of PROPERTY Land and Improvements on 19th Street to VBDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code to comply with the Virginia Code and to ADJUST the descriptions and authorizations of the Departments of Emergency Medical Services and Fire to more accurately depict their operations 2. Resolution to AUTHORIZE a Non-binding Term Sheet re Town Center Phase VI, REQUEST approval by the Virginia Beach Development Authority and AUTHORIZE supplemental project documents re a mixed-use development by Town Center Associates, LLC 3. Ordinance to DECLARE land at Princess Anne Road and Winterberry Lane to be EXCESS and AUTHORIZE execution of the necessary documents for conveyance to YNOT, LLC 4. Ordinance to AUTHORIZE a temporary encroachment into City-owned property on Central Park Avenue to TCA Block 4 Retail , LLC,re a balcony and other improvements DISTRICT 4 —BAYSIDE 5. Ordinance to ALLOW a six (6) month extension to satisfy conditions of a previously approved closure of Circle Lane as requested by Thomas C. and Lisa D. McKee 6. Ordinances to REAPPROPRIATE and TRANSFER School Funding: a. $12,894,051 in FY-2014-2015 Reversion Funds • $ 1,600,000 to Risk Management • $ 8,299,318 re anticipated shortfalls • $ 2,994,733 to the Reserve Special Revenue Fund: o $1,600,000 for fleet replacements o $ 808,812 to Technology o $ 285,921 for white fleet replacements o $ 300,000 for SOL improvements b. $1,776,265 within the FY 2015-2016 Schools Budget • $ 7,309 to Transportation • $ 7,964 to Maintenance • $ 497,572 toTechnology • $ 22,500 to Instruction • $ 7,170 toTechnology • $ 253,871 toTechnology • $ 896,879 to Technology • $ 8,000 to Instruction • $ 75,000 to Administration $367,094 within the FY 2015-2016 Green Run Collegiate Charter School Fund • $ 12,000 to Technology • $140,966 to Instruction • $ 9,000 to Administration • $189,128 to Transporation • $ 16,000 to Technology K. PLANNING 1. CHRISTINE WERNE and PEMBROKE OFFICE PARK, LP for Modification of Conditions of a Conditional Use Permit re expansion of a Vocational School (approved January 22, 2013) at 281 Independence Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. BJ'S WHOLESALE CLUB and BIRCHWOOD MALL ASSOCIATES ETC for Modification of Condition No. 4 of a Conditional Use Permit re an Auto Service Station (approved June 26, 2001) to allow electronic display of fuel prices at 3712 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. ROBERT McNICHOLS and REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND for Modification of Conditions of a Conditional Use Permit re Housing for Seniors (Marion Manor) (approved February 22, 1994)to add a Chapel at 5345 Marian Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. PORPOISE,LLC and LESLIE G. SHAW, JR. for renewal of a Conditional Use Permit re a skate park at 1905 Cypress Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. BAYSIDE CONCRETE,INC and BRUCE H. GOULD for a Conditional Use Permit re a Bulk Storage Yard at 408 Davis Street DISTRICT 4—KEMPSVILLE RECOMMENDATION: APPROVAL 6. SHELA MARIE BOLLENBACHER for a Conditional Use Permit re a Home Daycare at 2492 Seven Kings Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. YNOT, LLC and CITY OF VIRGINIA BEACH re a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business re a restaurant at Princess Anne and Winterberry Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL II 8. Street Closures, re portions of the unimproved rights-of-way of Holly Road at 48th Street: DISTRICT 6—BEACH a. HOLLY ROAD, LLC b. DR. JACK SIEGEL and LISA A. BERTINI RECOMMENDATION: APPROVAL 9. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL COMMUNITY SERVICES BOARD—CSB HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATIONART—TRUSTEES 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 ****************************** 12/1/15 st 1 HI 2015 CITY COUNCIL MEETINGS December 8, 2015 Informal/Formal Sessions City Council Vacation December 9-January 4, 2016 2015 CITY HOLIDAYS Thursday,December 24 Christmas Eve (half-day) Friday,December 25 Christmas Day Friday, January 1 New Year's Day CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 4-5, 2016 8:30 AM to 5:00 PM MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room - 4:00 PM A. VBHomeNow Pastor Ray Bjorkman, Chairman Linwood Branch, Vice Chairman B. GREEN RIBBON COMMITTEE Clay Bernick, Administrator- Environment and Sustainability Wayne McCoy, Founder and President- Mid-Atlantic Environmental, LLC Karen Forget, Executive Director- Lynnhaven River NOW II. CITY MANAGER'S BRIEFINGS A. CULTURAL ARTS PLAN 2030 Emily Labows, Director—Office of Cultural Affairs Duncan Webb, President, Webb Management Services, Inc. III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tyrone L. Johnson, Pastor New Oak Grove Missionary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 17, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA ii HI H. PUBLIC COMMENT 1. TOWN CENTER PHASE VI 2. OLD BEACH VILLAGE 3. ARENA PROJECT I. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY Princess Anne Road and Winterberry Lane 2. TRANSFER of PROPERTY Land and Improvements on 19th Street to VBDA i II }`�r`s"�Hu,` pUBUC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property, Tuesday, December 1. 2015 at 6:00 PM., in the Council Chamber of the City Hall Building (Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property to be sold contains approximately 0.41 acres located in the northwestern portion of GPIN 1494-09-6316, together with a drainage easement over a strip of the remaining property. The property lies near the intersection of Princess Anne Road and Winterberry Lane and,if approved, will be combined with adjacent property that is a part of the Landstown Shopping Center. The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs"and be sold. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to Dept. of Economic Development, 4525 Main Street, Suite 76•, Virginia Beach,VA 23462,(7 )385-6464, ec.ev@vb_ov.co.. Ruth Hodge r . +MMC City Clerk 1 µu ati i) i y djJ PUBUC HEARING TRANSFER OF CITY PROPERTY TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY • The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, December 1, 201.5, at 6:00 p.m.,in the Council Chamber of the City Hall Building(Bldg.1)at the Virginia Beach Municipal Center. The purpose of the hearing is to obtain public comment on the proposed transfer of the following property to the City of Virginia Beach Development Authority: 5.8+/• acres of land and improvements, located on 19th Street across from the Virginia Beach Convention Center (Portion of GPIN: 2417-76- 6435) If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385.4303; Hearing Impaired, call 711-The Virginia Relay. Any questions concerning this matter should be directed to Doug Smith, Deputy C' Manager, Municipal Center,B ding 1,Room 234,385-4242 Ruth Hodg ser,MMC City Clerk BEACON:November 22,2015 J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code to comply with the Virginia Code and to ADJUST the descriptions and authorizations of the Departments of Emergency Medical Services and Fire to more accurately depict their operations 2. Resolution to AUTHORIZE a Non-binding Term Sheet re Town Center Phase VI, REQUEST approval by the Virginia Beach Development Authority and AUTHORIZE supplemental project documents re a mixed-use development by Town Center Associates, LLC 3. Ordinance to DECLARE land at Princess Anne Road and Winterberry Lane to be EXCESS and AUTHORIZE execution of the necessary documents for conveyance to YNOT, LLC 4. Ordinance to AUTHORIZE a temporary encroachment into City-owned property on Central Park Avenue to TCA Block 4 Retail , LLC,re a balcony and other improvements DISTRICT 4—BAYSIDE 5. Ordinance to ALLOW a six (6) month extension to satisfy conditions of a previously approved closure of Circle Lane as requested by Thomas C. and Lisa D. McKee 6. Ordinances to REAPPROPRIATE and TRANSFER School Funding: a. $12,894,051 in FY-2014-2015 Reversion Funds • $ 1,600,000 to Risk Management • $ 8,299,318 re anticipated shortfalls • $ 2,994,733 to the Reserve Special Revenue Fund: o $1,600,000 for fleet replacements o $ 808,812 to Technology o $ 285,921 for white fleet replacements o $ 300,000 for SOL improvements b. $1,776,265 within the FY 2015-2016 Schools Budget • $ 7,309 to Transportation • $ 7,964 to Maintenance • $ 497,572 toTechnology • $ 22,500 to Instruction • $ 7,170 toTechnology • $ 253,871 toTechnology • $ 896,879 to Technology • $ 8,000 to Instruction • $ 75,000 to Administration $367,094 within the FY 2015-2016 Green Run Collegiate Charter School Fund • $ 12,000 to Technology • $140,966 to Instruction • $ 9,000 to Administration • $189,128 to Transporation • $ 16,000 to Technology i II cc ;n * CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections of the EMS and Fire Codes, namely, §§2- 421, 2-422, 2-423, 2-424, 4-425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 12- 27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, 37-22 MEETING DATE: December 1, 2015 • Background: In the 2015 legislative session, the General Assembly passed House Bill 1548, which made adjustments to the multiple codes relating to emergency medical services and fire departments. Notably, the changes created separate code sections for fire departments and EMS, and the terminology was changed to designate the head of the EMS department as "chief," "rescue squads" as "emergency medical service agencies," "firemen" as "firefighters," etc. The proposed changes to the Virginia Beach City Code reflect these statutory adjustments and are consistent with the Virginia Code, as amended. Further, the current City Code sections relating to the Fire Department have not been updated to reflect the fundamental operation of the Department since the 1980s. Most of the last major amendments occurred in 1994, and the department is still referenced in the code as the "Department of Fire Protection." During the 2011 accreditation evaluation of the Fire Department by the Commission on Fire Accreditation International, the commission recommended that the Fire Department undertake a process to update the relevant code sections to reflect more accurately its current structure and services provided. To address these issues, a joint comprehensive review was conducted by the Department of Emergency Medical Services and Fire Department, with assistance from the Police Department, Emergency Communications and Citizen Services, and Public Utilities. The ordinances presented for Council's consideration are the result of that joint effort and accurately represent the current services provided by the Emergency Medical Services and Fire Departments. • Considerations: This ordinance amends sections of the City Code to comport with the Virginia Code and adjusts the descriptions and authorizations for services for the Department of Emergency Medical Services and Fire Department to describe more accurately their operations. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance. Ordinance to Amend EMS and Fire Codes Page 2 of 2 Recommended Action: Approval Submitting Departure encies: Fire Departm a i• Department of Emergency Medical Services il City Manag • ` ,,:is,,, ,yv, a II 1 AN ORDINANCE TO AMEND SECTIONS 2-421, 2-422, 2- 2 423, 2-424, 2-425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 3 12-27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 4 OF THE CITY CODE PERTAINING TO THE DEPARTMENT 5 OF EMERGENCY MEDICAL SERVICES AND THE FIRE 6 DEPARTMENT 7 SECTIONS AMENDED: §§ 2-421, 2-422, 2-423, 2-424, 2- 8 425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 12-27, 12-29, 9 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 2-421, 2-422, 2-423, 2-424, 2-425, 12-4, 12-21, 12-22, 12-23, 12- 13 24, 12-25, 12-26, 12-27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 of the 14 Code of the City of Virginia Beach, Virginia, are hereby amended and ordained to read 15 as follows: 16 Sec. 2-421. Creation; composition. 17 There is hereby created a department of emergency medical services, which 18 shall consist of an director of emergency medical services chief, a medical director 19 endorsed by the Virginia Beach Medical Society, the members of the operational 20 volunteer rescue squads serving the city and such other committees, boards, 21 organizations and personnel as may be ordered by the city manager, the medical 22 director or the director chief consistent herewith. Such members, committees, boards, 23 organizations and personnel; - -=•-e -- - - '- - 'e '': - 24 protection, shall be under the supervision and control of the director emergency medical 25 services chief. Personnel assigned to the fire department shall be under the supervision 26 and control of the emergency medical services chief and the fire chief whenever they 27 are engaged in emergency medical services and rescue services activities as defined in 28 section 2-422. The director emergency medical services chief and medical director shall 29 be appointed by the city manager. The medical director shall be appointed for a term of 30 two (2) years and shall be eligible for reappointment. 31 Sec. 2-422. Functions. 32 The department of emergency medical services shall be responsible for 33 controlling and supervising the provision of prehospital emergency medical services and 34 rescue services in the city to protect and promote the health, welfare and safety of the 35 general public. Such services shall include, but not be limited to: basic and advanced 36 life support patient care; preventative care; reccucG patient care at accidents of any 37 nature involving injuries and/or entrapment; illnesses; mass casualty incidents; water 38 rescues, including, boat, lifeguard and rescue dive operations services; and all other 39 incidents involving injured or ill patients. Such services shall not include (i) rescues i 11 40 which involve an imminent danger or the actual occurrence of fire or explosion, or the 41 uncontrolled release of hazardous materials which threaten life, or (ii) search and 42 rescue operations conducted by law enforcement officers. The department shall be 43 responsible for establishing and enforcing applicable rules, regulations, policies and 44 protocols for the department and for other city agencies and the agencies which are 45 defined under chapter 10.5 of the Code. The department shall have other such powers 46 and duties as may be assigned by council or the city manager. 47 Sec. 2-423. General powers and duties of directors and chief. 48 (a) The medical director shall be responsible for the establishment of 49 medical policy dealing with the direction and coordination of patient care 50 operations for the department, including, but not limited to, the granting of the 51 authorization to practice to EMS personnel as defined in the Code of Virginia 52 54.1-3408, the development of medical training standards, medical care 53 procedures and protocols, medical performance standards and general medical 54 control. 55 (b) The director of emergency medical services chief shall make rules, 56 regulations and policies concerning the general management, direction, 57 operation and control of the department of emergency medical services, as well 58 as the provision of emergency medical services and rescue services in the city, 59 including, but not limited to, the certification of emergency medical services 60 personnel to operate within the city consistent with policies promulgated by the 61 medical director; the implementation of medical and operational policy and 62 protocol; and the supervision of all personnel within the department, as well as 63 any other personnel involved in the provision of emergency medical and rescue 64 services as set forth in section 2-422 of this code. 65 (c) The rules, regulations and policies of the medical director and director 66 emergency medical services chief shall be subject to approval by the city 67 manager and shall not be inconsistent with the laws of the commonwealth. 68 Sec. 2-424. Advisory boards. 69 (a) The Council of Virginia Beach Volunteer Rescue Squads, Inc. shall 70 serve as an advisory board to the director of emergency medical services chief, 71 providing recommendations on department policy matters as necessary. The 72 advisory board may also provide recommendations to the city manager 73 concerning the selection of the director of emergency medical services chief 74 when vacancies occur in that position, and other matters pertaining to the duties, 75 responsibilities and functions of the department of emergency medical services. 76 (b) Additional boards which may be created shall have duties as 77 enumerated to them by the city manager, medical director or the director of 78 emergency medical services chief. I 79 Sec. 2-425. Background investigations of applicants for certification; false 80 representation of certification unlawful; impersonation. 81 (a) In order to determine if any past criminal conduct or motor vehicle 82 driving record of any applicant for certification by the director of emergency 83 medical services chief would be compatible with the nature of the position under 84 consideration, the following procedure shall be followed: 85 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 86 department of police. 87 (2) The chief of police and members of the department of police acting in 88 his name and the director of emergency medical services chief or an 89 investigator designated by the director emergency medical services chief 90 within the department of emergency medical services, are authorized to 91 conduct a field investigation and directed to conduct criminal record checks 92 on each such applicant. 93 (3) The chief of police or a member of the police department acting on his 94 behalf, or an investigator designated by the director of emergency medical 95 services chief within the department of emergency medical services, shall 96 prepare a factual summary of the background investigation and criminal 97 records check of each applicant and transmit such summary to the director 98 of emergency medical services chief for the purpose of determining the 99 fitness of the applicant. 100 (4) Background investigation and records checks include records of all 101 arrests and dispositions as an adult. Records of arrests and dispositions, 102 while an applicant was considered a juvenile, shall be transmitted only when 103 authorized by a court order, court rule, court decision, federal regulation or 104 state statute authorizing such dissemination. 105 (5) Criminal history records and information shall include arrest and 106 disposition data on file in the national crime information center, the federal 107 bureau of investigation, the department of defense, the department of motor 108 vehicles, and all other federal, state and local law enforcement agencies. 109 (6) Any applicant who is denied certification on the basis of the investigation 110 summary referred to in this section may inspect that summary for the 111 purpose of clarifying, explaining or denying the accuracy of its contents. 112 (7) The chief of police and members of the police department shall make no 113 other dissemination to the director of emergency medical services chief 114 regarding the fitness of applicants, except in the official summary report 115 referred to in this section. 116 (8) Use of criminal history record information disseminated to the director of 117 emergency medical services chief shall be limited to the purpose for which it 118 was given and may not be disseminated further. 119 (b) It shall be unlawful for any person to willfully impersonate, with the intent 120 to make another believe he is a certified an emergency medical services 121 personnel provider. A first offense conviction is a Class 1 misdemeanor. 122 . . . . 123 Sec. 12-4. Open burning 124 (a) Open burning, where permitted by the Virginia Statewide Fire Prevention 125 Code, shall be constantly monitored until the fire is extinguished. Fire extinguishing 126 equipment shall be available for immediate use. 127 (b) The fire chief of fire protection shall prohibit open burning, otherwise lawful, 128 when smoke may cause reduced visibility on any highway, or when emissions or 129 odors may constitute a hazard or nuisance. The fire chief of fire protection shall 130 order the extinguishing by the permit holder or other responsible person, or by the 131 fire department, of any fire which creates such a hazard or nuisance, or if adjacent 132 property is considered to be endangered. 133 . . . . 134 Sec. 12-21. Created; composition. 135 There is hereby created a fire department of fire protection, which shall be 136 composed of the fire companies located throughout the city, headed by a fire chief of 137 fire protection. The fire chief is appointed as the coordinator of emergency management 138 under the direction of the city manager in the emergency operations plan. The fire 139 department is an all-hazards response agency and is a fundamental component to 140 emergency services, disaster planning, and emergency management. 141 142 Section 12-21.1. Functions. 143 The fire department, under the direction of the fire chief, shall be responsible for 144 preventing, suppressing, controlling, limiting, and extinguishing accidental or 145 intentionally destructive fires on land and water. The fire department shall be 146 responsible for controlling and supervising the provision of services that protect life and 147 property that include, but are not limited to, hazardous, combustible, radiological, and 148 explosive materials, including gas leaks; rescues at accidents of any nature involving 149 injuries and/or entrapments; technical rescues involving rope rescue, trench, aircraft, 150 and confined space incidences; situations involving an imminent danger or actual I III 151 occurrences of fire, explosion, and structural collapse; and maritime incidents that 152 involve fire, a technical rescue, and hazardous materials. In conjunction with the fire 153 chief's role as Coordinator of Emergency Management, the fire department shall also 154 support the emergency management coordination of the City and specifically assist in 155 evacuation activities, search and rescue of disaster victims, and any other emergency 156 response activities, as needed. The fire marshal shall investigate the causes of fires; 157 prosecute alleged arson, threats to burn, threats to bomb, post-blast investigations or 158 other related criminal acts; and enforce the Virginia Statewide Fire Code and related 159 codes as incorporated and/or amended. The police department bomb squad personnel 160 (also known as "Hazardous Device Technicians") shall be under the supervision and 161 control of the Police Special Operations Bomb Squad Commander while engaged in 162 render safe operations, device inspection, and recovery of hazardous devices. During 163 fire incidents and fire investigations of alleged arson, threats to burn, threats to bomb, 164 post-blast explosive device investigations, police bomb squad personnel will work in 165 cooperation with the fire chief. In cooperation with the department of emergency 166 medical services, fire department personnel shall be under the supervision and control 167 of the fire chief and the emergency medical services chief when engaged in emergency 168 medical services involving the treatment and/or transport of patients, pursuant to 169 Sections 2-422 and 2-423 of this Code. 170 Sec. 12-22. Departmental rules and regulations. 171 The fire chief of fire protection, with the approval of the city manager, shall make 172 rules and regulations concerning the operation of the fire department , 173 the conduct of the officers, employees and members thereof and, their uniforms, 174 equipment, training and procedures. 175 Sec. 12-23. Composition and service areas of fire companies generally. 176 (a) The fire companies shall consist of such officers, employees, volunteers 177 and members as shall be provided by the city manager or the fire chief of fire 178 protection. 179 (b) The fire companies shall serve such areas as shall be designated by the 180 fire chief of-fire protection. 181 Sec. 12-24. Composition and rules and regulations of volunteer fire companies. 182 Each volunteer fire company within the city shall consist of such officers and 183 members as are provided for in its bylaws and the provisions of this article, except that 184 no position shall be in conflict with the rules and regulations established by the city 185 manager and the fire chief of fire protection. No rules or regulations of any volunteer fire 186 company shall conflict with rules and regulations established pursuant to section 12-22. 187 Sec. 12-25. Fire marshal, deputies and assistants. 188 (a) The fire chief of fire protection or his designee shall be the fire marshal. 189 (b) Within the fire department of fire protection, there shall be appointed by 190 the fire marshal such deputies and assistants as may be necessary. These deputies 191 and assistants shall have the same powers and perform the same duties as the fire 192 marshal, at his direction or in his absence. The fire marshal shall be responsible for 193 the enforcement of the fire prevention code referenced by section 12-41 of this 194 Code, this chapter, and related laws of the city and state, and for the investigation 195 and prosecution of all cases of alleged arson and other fire-related incidents 196 suspected to involve criminality. 197 (c) In making such investigations, the fire marshal may issue a summons 198 directed to the sheriff of the city commanding him to summon witnesses to attend 199 before the fire marshal, or his authorized designee, at such time and place as he 200 may direct. Any such officer to whom the summons is delivered shall forthwith 201 execute it and make return thereof to the fire marshal at the time and place named 202 therein. Any witnesses on whom such summonses are served may be compelled by 203 the fire marshal to attend and give evidence and shall be liable in like manner as if 204 the summonses had been issued by a magistrate in a criminal case. They shall be 205 sworn by the fire marshal before giving evidence and their evidence shall be 206 reduced to writing by him or under his direction and subscribed by them, 207 respectively. 208 (d) The fire marshal and his deputies and assistants, before entering upon 209 their duties, shall respectively take an oath before any officer authorized to 210 administer oaths, faithfully to discharge the duties of such office. A certificate of the 211 oath shall be returned to and preserved by the clerk of circuit court. 212 (e) The fire marshal and his deputies and assistants shall have the authority 213 to arrest, to procure and serve warrants of arrest and to issue summonses in the 214 manner prescribed by law, for violations of chapter 12 of the City Code and fire 215 safety and related ordinances and laws of the city and state. The authority granted 216 in this section shall not be exercised until such person has satisfactorily completed 217 a training course for fire marshals and their assistants, which course shall be 218 approved by the Virginia Fire Services Board. 219 (f) The fire marshal and his designated deputies and assistants shall have 220 the same powers as a sheriff, police officer, or law enforcement officer. The 221 investigations of all alleged offenses pursuant to Title 27 of the Code of Virginia, as 222 amended, shall be the responsibility of the fire marshal or his designee. The police 223 powers granted in this section shall not be exercised by the fire marshal or any 224 deputy or assistant until such person has satisfactorily completed a course 225 designed for fire marshals with police powers and approved by the Virginia Fire 226 Services Board. In addition, such person with police powers shall continue to I 227 exercise those police powers only upon participation in and satisfactory completion 228 of in-service and advanced courses as shall be required and approved by the 229 Virginia Fire Services Board. 230 Sec. 12-26. Background investigations of applicants for employment. 231 In order to determine if any past criminal conduct of any applicant for 232 employment with the department of fire protection would be compatible with the nature 233 of the position under consideration, the following procedure shall be followed: 234 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 235 department of police. 236 (2) The chief of police and members of the department of police acting in his 237 name, and the fire chief of fire protection or an investigator designated by 238 the fire chief of fire protection within the fire department of fire protection, 239 are authorized to conduct a field investigation and directed to conduct 240 criminal record checks on each such applicant. 241 (3) The chief of police or a member of the police department acting on his 242 behalf, or an investigator designated by the fire chief of fire protection 243 within the fire department of fire protection, shall prepare a factual 244 summary of the background investigation and criminal records check of 245 each firefighter applicant and transmit such summary to the fire chief of 246 fire protection for the purpose of determining the fitness of the applicant. 247 (4) Background investigations and records checks include records of all 248 arrests and dispositions as an adult. Records of arrests and dispositions, 249 while an applicant was considered a juvenile, shall be transmitted only 250 when authorized by court order, court rule, court decision, federal 251 regulation or state statute authorizing such dissemination. 252 (5) Criminal history records and information shall include arrest and 253 disposition data on file in the national crime information center, the federal 254 bureau of investigation, the department of defense and all other federal, 255 state and local law-enforcement agencies. 256 (6) Any applicant who is denied employment on the basis of the investigation 257 summary referred to in this section may inspect that summary for the 258 purpose of clarifying, explaining or denying the accuracy of its contents. 259 (7) The chief of police and members of the police department shall make no 260 other dissemination to the fire chief of fire protection regarding the fitness 261 of firefighter applicants, except in the official summary report referred to in 262 this section. II 263 (8) Use of criminal history record information disseminated to the fire chief of 264 fire protection shall be limited to the purpose for which it was given and 265 may not be disseminated further. 266 Sec. 12-27. Authority of chief or other office in charge when answering alarm or 267 extinguishing fire. 268 (a) While the fire department of fire protection or any volunteer fire company 269 in the city is in the process of answering an alarm of fire or operating at an 270 emergency incident where there is imminent danger or the actual occurrence of fire 271 or explosion or the uncontrolled release of hazardous materials which threaten life 272 or property and returning to the station, the fire chief of fire protection or other 273 officer in charge of such department or company at that time shall have the 274 authority to maintain order at the emergency incident or its vicinity, direct the 275 actions of the firefighters at the incident, keep bystanders or other persons at a safe 276 distance from the incident and emergency equipment, facilitate the speedy 277 movement and operation of emergency equipment and firefighters, cause an 278 investigation to be made of the origin and cause of the incident and, until the arrival 279 of a police officer, direct and control traffic, in person or by deputy, and facilitate the 280 movement of traffic. The fire chief of fire protection or other officer in charge shall 281 display his firefighter's badge or other proper identification. Notwithstanding any 282 other provision of law, this authority shall extend to the activation of traffic-control 283 signals designated to facilitate the safe egress and ingress of emergency 284 equipment at a fire station. 285 (b) Any person refusing to obey the orders of the fire chief of fire protection or 286 his deputies or other officer in charge at the time, given pursuant to this section, 287 shall be guilty of a Class 4 misdemeanor. The fire chief of fire protection or other 288 officer in charge shall have the power to make arrests for violation of the provisions 289 of this section. 290 . . . . 291 Sec. 12-29. Loitering about fire or EMS stations 292 (a) No person shall loiter about any firehouse or fire or EMS station unless he 293 is a member or employee of the fire department or EMS department of fire 294 protection whose duties require his presence there. 295 (b) A violation of this section shall constitute a Class 1 misdemeanor. 296 . . . . 297 Sec. 12-41. Adopted 298 Pursuant to the provisions of Code of Virginia, Chapter 9, Title 27, the fire 299 department is designated and authorized to enforce that certain code 300 known as the Virginia Statewide Fire Prevention Code, as promulgated by the Board of 301 Housing and Community Development of the Commonwealth of Virginia, save and 302 except such portions as may be modified or amended in this article, of which code a 303 copy has been and is now filed in the office of the city clerk, and the same is hereby 304 adopted and incorporated as fully as if set out at length herein and the provisions 305 thereof shall be controlling within the limits of the city. 306 Sec. 12-42. Definitions 307 The following words and terms, as used in the fire prevention code adopted by 308 section 12-41, shall have the meanings ascribed to them below: 309 (1) Wherever the words "name of jurisdiction" are used, they shall mean this 310 city. 311 (2) Wherever the term "fire official" is used, it shall mean the chief of the fire 312 department of fire protection of the city or his duly authorized representative. 313 (3) Wherever the term "legal counsel of the municipality" is used, it shall 314 mean the city attorney of the city. 315 . . . . 316 Sec. 12-45. New materials, processes or occupancies which may require permits 317 The city manager, the fire chief of fire protection and the building code administrator 318 shall act as a committee to determine and specify, after giving affected persons an 319 opportunity to be heard, any new materials, processes or occupancies which shall 320 require permits, in addition to those now enumerated in the fire prevention code 321 adopted in this article. The fire chief of fire protection shall post such lists in a 322 conspicuous place in his or her office and distribute copies thereof to interested 323 persons. 324 Sec. 12-46. Modifications 325 The fire chief of fire protection shall have the power to modify any of the provisions 326 of the fire prevention code adopted in this article, upon application in writing by the 327 owner or lessee or his duly authorized agent, when there practical difficulties in the way 328 of carrying out the strict letter of such code, provided, that the spirit of such code shall 329 be observed, public safety secured and substantial justice done. Such modifications 330 shall be subject to the approval of the city manager. The particulars of such 331 modifications, when granted or allowed, and the decision of the fire chief of fire 332 protection thereon shall be entered upon the records of the fire department of fire 333 protection and a signed copy shall be furnished the applicant. 334 . . 335 Sec. 12-48. Availability of copies 336 Copies of the fire prevention code adopted in this article may be obtained at the 337 office of the fire department of fire protection during regular business hours. 338 . . 339 Sec. 37-22. Use of fire hydrants generally 340 (a) Fire hydrants are provided for the primarysole purpose of extinguishing 341 fires, and all persons, except authorized employees or agents of the fire department of 342 fire protection and the department of public utilities or such persons as may be 343 specifically authorized by the director of public utilities, are hereby prohibited from 344 opening or using such hydrants. 345 (b) Any person authorized to open fire hydrants shall use only an appropriate 346 spanner wrench and shall replace the caps on the outlets when not in use from the 347 same. 348 (c) ' - - •- - ' -- •- - -- . - - - - - 1- misdemeanor 349 Sec. 37-22.1. - Diverting or wasting water from fire hydrant. 350 Any person who shall willfully and maliciously divert or waste any public water 351 supply by tampering with any fire hydrant shall be guilty of a Class 2 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Fire Department Cit Attorney's 6• i e APPROVED AS TO CONTENT: 111, / mergenc rredical Services P p:'ment APPROVED AS TO CONTENT: Police Department APPR VEDAS TO CONTENT: u1. Emergency Communications and Citizen Services APPROVED AS TO CONTENT: J Department of Public Utiliti s CA13392 R-11 October 8, 2015 a n* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving a Non-binding Term Sheet Relating to Phase VI of the Town Center Project, Requesting Approval by the City of Virginia Beach Development Authority and Authorizing the Development of Supplemental Project Documents MEETING DATE: December 1, 2015 • Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City of Virginia Beach (the "City") when it adopted the Comprehensive Plan on November 4, 1997. Since February 8, 2000, City Council has approved five phases of development at Town Center. Phases I, II, Ill and V have been completed on nine blocks and consist of approximately (i) 815,000 square feet of office space, (ii) nineteen restaurants totaling 117,000 square feet, (iii) 190,000 square feet of retail space, (iv) 804 residential units and (v) 412 hotel rooms. Phase IV expired prior to commencement of construction. Town Center Associates, L.L.C. (the "Developer") has approached representatives of the City and the City of Virginia Beach Development Authority (the "Authority") about constructing another phase of development at Town Center on Block 9, which is currently a surface parking lot between the Westin and the Cosmopolitan Apartments. IN Considerations: Phase VI of Town Center will be a mixed-use development consisting of the following elements: Single-block, Multi-facility, Mixed-use Development, consisting of: • First Level: Retail Space (33,000 sq. ft.) • Second Level: o Zeiders American Dream Theater (300 seats / 17,000 sq. ft.), o Restaurant (5,000 sq. ft.) o Public Plaza (11,000 sq. ft.) o Pedestrian Bridge across Central Park Avenue into the parking garage on Block 10 (Cosmopolitan Apartments) • Third — Ninth Levels: 120 +/- Apartments The Zeiders American Dream Theater (the "Zeiders Theater") would be privately funded and operated by the Zeiders American Dream Theater Foundation (the "Foundation"). The Foundation will fund the cost of building the Zeiders Theater (estimated to be $7,651,312) and the costs of future operation and maintenance. If the Zeiders Theater ceases operations, the City would acquire title at no cost. The Developer is expected to expend $30,725,489 to construct the private elements of Phase VI, exclusive of the cost of the Zeiders Theater. The Authority participation totals $3,933,374 and consists of the following: • $1,440,959 for costs associated with incorporating the Zeiders Theater onto the second floor of the structure. • $ 473,470 for costs associated with vertical transportation (elevators and staircases) from the ground level to the Zeiders Theater. • $ 813,260 for construction of the Public Plaza • $ 205,685 for soft costs (design, etc.) • $1,000,000 for streetscapes and the Pedestrian Bridge. The streetscapes and Pedestrian Bridge would be paid from the Authority's EDIP account and the remaining $2,933,374 would be paid with bonds financed by the Town Center TIF (the "TIF") To ensure the TIF maintains acceptable fund balance, as a part of Phase V, the Developer signed an "RA Note" in the amount of$3,850,000, payable in four installments of$400,000 and five installments of$450,000 (the "Phase V RA Note"). "RA" stands for reimbursement amount and is a tool used in this Project if a projected phase might not generate sufficient revenue to cover the public obligations for that phase. The Developer is entitled to earn a credit against annual installments due under the RA Note if the real estate taxes paid into the TIF in the Core Area (the ten-blocks developed as a part of the Project) are equal to those projected by the City's Finance Department. To offset the added cost to the TIF from the Authority Participation in Phase VI, the baseline at which the Developer could earn a credit under the Phase V RA Note will be increased by the projected debt service attributable to the Authority Participation ($211,000 per year). All the obligations of the City and Authority would be subject to annual appropriation. • Information: Public information for this item will be handled through the normal Council agenda process. The proposed terms were briefed to City Council on November 17, 2015. ■ Alternatives: The Phase VI improvements reflect the City's ongoing commitment to the long-term priority of developing a Town Center for the City. There are certainly other alternatives to development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the area or provide the level of quality proposed. ■ Recommendations: Approve the Phase VI Term Sheet relating to Phase VI of the Town Center (Central Business District); request approval and execution by the City of Virginia Beach Development Authority; and authorize the development of supplemental project documents. ■ Attachments: Resolution, Project Map Recommended Action: Approval Submitting Department/Agency: Economic Development 7r,-%144'"'"`� City Manag Aires • 1 RESOLUTION APPROVING A NON-BINDING TERM 2 SHEET RELATING TO PHASE VI OF THE TOWN CENTER 3 PROJECT, REQUESTING APPROVAL BY THE CITY OF 4 VIRGINIA BEACH DEVLOPMENT AUTHORITY AND 5 AUTHORIZING THE DEVELOPMENT OF SUPPLEMENTAL 6 DOCUMENTS 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 10 have engaged in extensive negotiations with representatives of Armada/Hoffler 11 Development Company, L.L.C., and its affiliates, regarding the continued development of 12 a Central Business District Project known as "The Town Center of Virginia Beach" (the 13 "Project"); 14 15 WHEREAS, the Project is a development arrangement between the Authority and 16 Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 17 development utilizing the structure of an economic development park in the B-3A 18 Pembroke Central Business Core District, an area of the City that is zoned to optimize 19 development potential for a mixed-use, pedestrian-oriented, urban activity center with 20 mid- to high-rise structures that contain numerous types of uses, including business, 21 retail, residential, cultural, educational and other public and private uses; 22 23 WHEREAS, construction of Phases I, II, Ill and V are complete, and Phase IV 24 has expired; 25 26 WHEREAS, the Developer has proposed a comprehensive development plan for 27 Phase VI of the Project ("Phase VI"); 28 29 WHEREAS, the Developer and City staff have worked to develop a non-binding 30 term sheet (the "Phase VI Term Sheet"), which outlines the comprehensive 31 development plan for Phase VI; 32 33 WHEREAS, the proposed Phase VI Term Sheet was provided to City Council 34 prior to its December 1, 2015 meeting, and a summary of the Phase VI Term Sheet is 35 attached hereto as Exhibit A; 36 37 WHEREAS, the obligations of the Authority outlined in the Phase VI Term Sheet 38 will be supported by a support agreement between the City and the Authority (the 39 "Phase VI Support Agreement"), with the traditional public infrastructure costs of the 40 Phase VI of the Project to be funded in part through the City's CIP and in part through 41 the Authority's Economic Development Investment Program funds; 42 43 WHEREAS, the Phase VI Support Agreement obligations would be structured to 44 be paid, subject to annual appropriation, by the available revenue from the TIF Fund 45 and a special tax district; iI 46 WHEREAS, the City Council finds that Phase VI of the Project will stimulate the 47 City's economy, increase public revenues, enhance public amenities and further the 48 City's development objectives for the Central Business District; and 49 50 WHEREAS, the City Council desires that the Authority approve and execute the 51 Phase VI Term Sheet and pursue the development of supplemental documents to be 52 negotiated in substantial conformity with the terms outlined in the Phase VI Term Sheet, 53 including, but not limited to a development agreement and the Phase VI Support 54 Agreement. 55 56 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 57 VIRGINIA BEACH, VIRGINIA: 58 59 1. That the City Council approves the non-binding term sheet (the "Phase VI 60 Term Sheet") between the City of Virginia Beach Development Authority (the 61 "Authority") and Town Center Associates, LLC (the "Developer"), a summary of which is 62 attached hereto as Exhibit A and made a part hereof. 63 64 2. The City Council requests and recommends that the Authority adopt a 65 Resolution consistent with this Resolution approving the Phase VI Term Sheet and 66 authorizing its execution. 67 68 3. On behalf of the City of Virginia Beach, the City Manager and the City 69 Attorney are hereby authorized and directed to proceed with the development of 70 supplemental documents necessary and appropriate to implement Phase VI of the 71 Project substantially as outlined in the Phase VI Term Sheet. 72 73 4. The City Manager is directed to present the proposed final supplemental 74 documents to City Council for approval and to authorize the Authority to execute the 75 Phase VI Support Agreement and proceed with Phase VI of the Project. 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 78 of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development Cit ttor ey CA13190 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D025\P014\00039675.DOC 11/24/15 R-1 i I EXHIBIT A SUMMARY OF TERMS - PHASE VI TOWN CENTER Phase VI of the Town Center Project will consist of a single-block, mixed-use development on Block 9 of Town Center(currently surface parking between the Westin Hotel and Cosmopolitan Apartments) 1. Scope of Proposed Improvements Single Block,Multi-facility, Mixed-use Development(9 Levels) First Level: Retail Space (33,000 sq. ft.) Second Level: • Zeiders American Dream Theater(300 seats / 17,000 sq. ft.) • Restaurant (5,000 sq. ft.) • Public Plaza(11,000 sq. ft.) • Pedestrian Bridge across Central Park Avenue into the parking garage on Block 10 (Cosmopolitan Apartments) Third—Ninth Levels: 120+/- Apartments 2. Developer Obligations Construct all improvements - estimated total cost of block (exclusive of streetscapes and pedestrian bridge) $41,310,175: • Zeiders Theater- $7,651,312 • AH coomponents (retail/restaurant/apartments) - $30,725,489 • Authority participation - $2,933,374 3. Authority Obligations A. Pay for Infrastructure Improvements: • Cost not to exceed $1,000,000 • To include streetscapes, utilities, traffic signals and pedestrian bridge over Central Park Avenue connecting the 2nd level of new building into the Block 10 Parking Garage(Cosmopolitan Apartments). B. Purchase Public Plaza and pay for costs associated with elevating the Zeiders Theater (costs not to exceed $2,933,374) 4. Zeiders Theater A. 300 seat experimental theater (approximately 17,000 sq. ft.) B. American Dream Theater Foundation(the "Foundation")to enter into a construction contract with AH for the design and construction of Zeiders Theater. C. Foundation to own Zeiders Theater and be solely responsible for all maintenance and upkeep. D. City to have right to acquire Zeiders Theater at no cost if Foundation(or successor to Foundation) ceases operating Zeiders Theater for more than six (6) months with no plan to restart operations. 5. RA Note Modification A new schedule will be added to the RA Note to increase the threshold at which the Developer can earn a credit against its annual $400,000 or$450,000 payment. The schedule will increase by the amount of debt service incurred by the Authority for the Authority Participation funded by the TIF, estimated at $211,000 annually. iI •WLII 01111111111411111•01,11111•111110, ♦ 4 • # 4 .4 4 • 1tI i I . E •' 4 #40- • # # o � s � � f 1 Ream ...fr.., I IL_ III 4 r 0 Ci i 1 iii." ..... 411 NNW .41111 ON. :I . m .4 up t .... ..: ....J1 • . • It 2 • + r r..., 01011.. .1.1. , .111 [ - OPINIF Oil ow sr a lit3 = .., ,...er I I/ i 1 ibille ! :t:r.-- :_ ,14. i t . , 5 2 N nW t 3 - # Q s = t 1 , M. 1 , 2 ,} till" e j $Ne oa i C3 1 o - 11 3I. - o = I. ` E 1,. J _ .' ` i�..rr . t t� �, 141 ?4 i a _4.4 _ 1:. . — 1 GC v _ a n 11 _r. Apra . _a ..: .I:.‘,i „010110 �. ; ., ESL �` o 1 r . 5 2zNt - ---";:- g" ..:1,' . . 4 i O1.71 � vr ... V !r t 0 ocs n 8 i t 41111110011111 00000 1.... X° ...$ �f It 1; g r N••V•�l yt 1) iLV.vY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring approximately 0.41 acres of land located near the intersection of Princess Anne Road and Winterberry Lane (GPIN 1494-09-6316) to be in excess of the City's needs and authorizing the City Manager to sell same to YNOT, L.L.C. MEETING DATE: December 1, 2015 • Background: The City of Virginia Beach purchased a 1.678-acre property located at the corner of Princess Anne Road and Winterberry Lane in April 2003 for $190,000 in connection with the Princess Anne Road, Phase IV (Ferrell — Phase II) (VDOT) Project, CIP 2-305. The purpose of the purchase was to keep this parcel from being developed due to future improvements to Princess Anne Road Phase IV, which have since been completed. A portion of the preferred Southeastern Parkway alignment affects the parcel, but not in the portion that is under consideration to be sold. The adjacent privately owned parcel to the northwest is currently under contract to be purchased by YNOT, L.L.C. t/a YNOT Italian ("YNOT"), upon which YNOT plans to develop a 6,000± sq. ft. restaurant. YNOT would like to purchase the northwest 0.41-acre portion of the City's parcel, as shown on the attached Location Map, together with a drainage easement over a strip of the remaining property (collectively, the "Property"). YNOT would like to incorporate the Property into its restaurant development and plans to use the Property to meet parking requirements in connection with the restaurant. The City would retain the remainder of the City's parcel. As a part of the proposed sale, YNOT would incorporate the Property into the adjacent parcel. There is a pending Application before Council to change the zoning of the adjacent parcel and the Property, which application is also being heard on December 1, 2015. • Considerations: YNOT has agreed to purchase the Property for $282,539. The Property shall be sold "as is". A Verizon utility site lies between the adjacent private parcel and the Property. YNOT's plan allows Verizon continued access to their site from Princess Anne Road, but all access to the YNOT restaurant will be through the Landstown Commons Shopping Center. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms. • Attachments: Ordinance, Location Map, Concept Drawing, Disclosure Statement, and Summary of Terms Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Economic Development & Public Works/Real Estat L- City Manager: Cte\f`rNg , (30.421. 1 AN ORDINANCE DECLARING APPROXIMATELY 2 0.41 ACRES OF LAND LOCATED NEAR THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 WINTERBERRY LANE (GPIN 1494-09-6316) TO BE 5 IN EXCESS OF THE CITY'S NEEDS AND 6 AUTHORIZING THE CITY MANAGER TO SELL 7 SAME TO YNOT, L.L.C. 8 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain 1.678 acres of land at the intersection of Princess Anne Road and Winterberry 12 Lane, which the City acquired in 2003 as a part of the Princess Anne Road — Phase IV 13 (Ferrell — Phase II) (VDOT) Project, CIP 2-305; 14 15 WHEREAS, the Property is adjacent to GPIN: 1494-90-8202, which is 16 under contract for purchase by YNOT, L.L.C. ("YNOT"); 17 18 WHEREAS, YNOT has requested to purchase the northwest 0.41-acre 19 portion of the parcel, together with a drainage easement over a strip of the remaining 20 land (collectively, the "Property"), more particularly described on Exhibit "A" attached 21 hereto and made a part hereof; 22 23 WHEREAS, YNOT has agreed to purchase the Property for $282,539; 24 25 WHEREAS, YNOT will use the Property for parking in connection with a 26 restaurant it plans to develop on the adjacent parcel; 27 28 WHEREAS, YNOT will purchase the Property in accordance with the 29 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 30 31 WHEREAS, the City Council is of the opinion that the Property is in 32 excess of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the 0.41 acres of Property located near the corner of Princess Anne 38 Road and Winterberry Lane is hereby declared to be in excess of the needs of the City 39 of Virginia Beach and that the City Manager is hereby authorized to execute any 40 documents necessary to convey the Property to YNOT, L.L.C. in accordance with the 41 Summary of Terms and such other terms, conditions or modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 43 44 Further, that the revenue from the sale of the Property in the amount of 45 $282,539 shall be received and appropriated to the Holland Road Project, CIP 2-158. 46 47 This ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2015. CA13458 11/20/15 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d017\p021\00247337.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT 1111 ` .0Afts/tti, Public Works/Real Estate 1112_ 45 co'Enomic Development APPROVED AS TO LEGAL SUFFICIENCY City At •me s Office EXHIBIT A LEGAL DESCRIPTION GPIN: 1494-09-6316 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon containing 0.41 acres, it being the northwest portion of that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "AREA = 1.678 ACRES", as shown on that certain plat entitled "SUBDIVISION OF LANDSTOWN MEADOWS, SECTION ONE, PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated September, 1984, made by Basgier and Associates, P.C., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2397, at page 1462. TOGETHER WITH a drainage easement over a portion of the remaining City property to Winterberry Lane in a location to be approved by the City. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Landstown Meadows Associates, L.L.C. by deed dated March 18, 2003 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20030409000541780. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY PART OF GPIN #1494-09-6316 SELLER: City of Virginia Beach BUYER: YNOT, L.L.C. t/a YNOT Italian ("YNOT") PROPERTY: 0.41 acres of land to be subdivided from the City's parcel located at Princess Anne Road and Winterberry Lane (GPIN 1494-09-6316), together with a drainage easement connecting the land to be sold to Winterberry Lane in a location to be approved by Seller. SALE PRICE: $282,539 CONDITIONS OF SALE • Buyer will be responsible for rezoning the Property from AG-2 to conditional B-2. • The Property will be subdivided and new plats put to record. The City will prepare the plat severing the Property from the remainder of the City's existing parcel and creating a separate parcel comprising City's remaining land. • Buyer has an adjacent parcel under contract for purchase (the "Project Property"). Buyer will be responsible for the final resubdivision plat, which shall eliminate the interior lot lines between the Project Property and the Property. • The Property will be used in connection with the Project Property for development of a free-standing restaurant (the "Project"). • The restaurant to be developed shall have no ingress / egress off of Princess Anne Road and/or Winterberry Lane. All access shall be through the Landstown Commons Shopping Center. • Settlement shall be either 30 days after all requirements have been satisfied or 300 days following the full execution of the Agreement of Sale. • The Buyer shall commence the development of the Project within sixty (60) days of Settlement and substantially complete it within two (2) years of Settlement. ,t r j 1 t 'III ..-1 I 1I 1 liff 0.1 .., .4 % 7/ . :I 01 `I 0 gi 4i) Alcku r j ) , J. . t, . , 4 i •/ . \ \ \ 1 . ' . \ , . ,,,t5;t...ialcv 1i/II Ii iii:1 ,.4 \ ,\ ., , \ .,- . i * ., , „, \ • , \ ,,,,. \ o•t. 415(Sdo„k ' 0 (t) _ tt __ 4ek fY - vi r, I r ui : 'WA **/ EL 2 0 -',' VIIII ,"I'l CZ <1 CL \S\ bilik < 0 • r r \SN 44 r i ,, , - • it) , 0 _ . 4,- , , go, , („) ; . .e. < 4. t w 4 . i i4 --iv V' ,ev-...2, Q tcr it• l 16 i tu , .0,r Oa -/Pr wu az° 01,t.1 c 3zW R, ilitb ,., Cr a,A 1 1 ‘ • et- .,i I . \. . ,.t 1 .. ..... . 04 , - ,... , 4 6i I 1 >' 7 5 r 0 , r 0 a. A . , 1 , / / I u) ...1 1 ow z . - . I -. ,/ 4. 0 til :-. , r • , 4110' ' k ilk, '' ,• 4 , .-..., P ",....—:, Jo .1 ' • '4- -t , .. .„ ., .,. ' -3'.'” * . '•( . . , .•, 0 ., yoi, i, * 1 it 1... C....) .. 4 , 1.. w - . , .• 14 t C.} a . - ',4, t1:1 T3 r A 501020Kitt 0S11-••••.700 low .0.0002 .v.n CC .o.-�3„a rr N '.1157 'MOMS ..nn. ,.,.. 0001.0 "0/° .WOSNONY».�° o3 NMo,LSUNV7 ® NVrlv.LI sora '— $.. WWI' S .m-.n-iI , a0r, '"°"° 1103 WOODSt/11AWOW 11,030 MENA IMMO 810100014 Ma. � sousnao.01,00 /..,. . o.s—... ... NYId 3.LIS x2IVNBY113Nd mnIn - — 0.0 moons 04/04/004/04/0w . . soso mom ow so Isom moo. anv. II 70.05...sliegIS ote ass.omoo, .vv. 34 70.05 WWI n 'O N. c/ 3NV1 A212338213INIM I1 Iiii, _ z .CI{Ei�i ce Q w 31 ' 1110-A A :Cl !5 I 4 1 1 Ip,til Iv ,11 i A 111 9 Q I 011III10 ' w 0 AM Enw=�=o1E o ce oI� cv All , ,,,111,.1.„, "1"\ w�. N0 III zz L,„ wO Z '! Uu. ZU \Q . I2a UJoSQgw wap w 3 9WQom Qzo1 it o 11 r r ►, U U a W d Y Q N N a d N O a p a g 1 Z a o Z gS2 a_ Z Y d D 0 D Q Y ce d 0 KI OCC FO d 1 01 IklNI �� l . .\ �_4 1 0 G1 !.. 8 k O � o S =3<' E Y; 3 i3. E Hila $ € g i lid i 1 I9 0 it €;1; g •l,fh�I`{ �? f® Y t 1 g 1 II' wl -i i 5 g; 1E ti g3 W ,.. Virginia Beach. • DISCLOSURE STATEMENT FORM:y- 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 a e 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. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: 111,5115 l REVISIONS SUBMITTED DATE: • . - : �' Virgima: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) Please see attached. • • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. 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) City of Virginia Beach, Virginia (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. e s ^�' „�. r:v i f. } 4 ?; r L t ;r y1, r S i +-• i Viia'Beacti: "N/A • "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 4 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) El ® Accounting and/or preparer of your tax return El El Architect/Landscape Architect/ Covington Hendrix Anderson Land Planner Architects ❑ 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) Construction Contractors The Miller Group ® Engineers/Surveyors NDI Engineering Company 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. er } -.s 1 .,.....';'-.� :'-r.� ' Virginia Beach. ... . Financing (include current ` .. �,. E- El Elg mortgage holders and lenders �'O�v` � z it , selected or being considered to provide financing for acquisition or construction of the property) ® [] Legal Services Troutman Sanders LLP Real Estate Brokers /Agents for The Katsias Company and ® ❑ current and anticipated future Kite Realty Group sales of the subject property 4 0 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 m wing of any p • .ody or committee in onnection with t pplication. I L1-. / L4Y I .n ( PPLICA . .IGNATURE P' NT 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 AGENDA ITEM ITEM: An Ordinance Authorizing Temporary Encroachments into a Portion of City Right-of-way Known as Central Park Avenue, by TCA Block 4 Retail, L.L.C.. MEETING DATE: December 1, 2015 • Background: TCA Block 4 Retail, L.L.C., a Virginia limited liability company, (the "Owner") owns property located along Central Park Avenue known as Town Center Block 4 (GPIN: 1477-55-4031-0002) (the "Property"). The Owner has submitted an application for temporary encroachments into the City's right-of-way known as Central Park Avenue, consisting of a second floor balcony with supporting columns, footers and related improvements, as shown on Exhibits A, B-1 through B-3 attached to the Ordinance (the "Encroachments"). • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the encroachment agreement (the "Agreement") between the Owner and the City of Virginia Beach (the "City"). As with all encroachment agreements approved by the City, the Agreement would provide that the Owner must comply with all State and City specifications and approvals. Furthermore, the Owner would indemnify and hold the City harmless from and against all claims, damages, losses and expenses, arising out of the construction, location or existence of the Encroachments. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Disclosure Statement Form, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate,, b P�-� City Manage . 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF CITY 3 RIGHT-OF-WAY KNOWN AS CENTRAL PARK 4 AVENUE, BY TCA BLOCK 4 RETAIL, L.L.C. 5 6 WHEREAS, TCA Block 4 Retail, L.L.C., a Virginia limited liability company (the 7 "Owners") own property located along Central Park Avenue (GPIN: 1477-55-4031-0002) 8 (the "Property"); 9 10 WHEREAS, the Owner has submitted an application for temporary 11 encroachments into the City's right-of-way known as Central Park Avenue, consisting of 12 a second floor balcony with supporting columns, footers and related improvements (the 13 "Encroachments"), as shown on Exhibits A and B-1 through B-3 attached hereto; and; 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That pursuant to the authority and to the extent thereof contained in 23 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are 24 authorized to construct and maintain the Encroachments into City's right-of-way, as 25 shown on Exhibits A and B-1 through B-3, attached hereto and made a part hereof. 26 27 2. That the Encroachments are expressly subject to those terms, conditions 28 and criteria contained in that certain encroachment agreement between the City of 29 Virginia Beach and the Owners (the "Agreement"). 30 31 3. That the City Manager or his authorized designee is hereby authorized to 32 execute the Agreement, and such other terms, conditions and modifications as may be 33 acceptable to the City Manager and in a form deemed satisfactory by the City. 34 35 4. That this Ordinance shall not be in effect until such time as the Owners 36 and the City Manager or his authorized designee execute the Agreement. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of , 2015. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY A Public Works/ Real Estate \ City Attorney APPROVED AS TO CONTENT 7 - / A Economic Development CA1co DFS \\Applications\CityLawProd\cycom32\Wpdocs\D004\P018\00188303.doc R-1 November 20, 2015 • S%PVC ST • 12 TOWN CENTER CONDOMINIUM 4 15"RCP sTMH �� - GPIN 1477-55-4031 NvN11a 66 \\ AREA=96,187 SF /NV(NE)=6.84 v I _ \` OR 2.208 AC /NV(SE)=683 I STAMPED 'sT��- o (INSTR. No. 200301300013192) NV(S)=5.65 . • I CONCRETE \ A �\ I STCO * I 1 BENCH \ • •!'• • 14,.57. I-- • • r - --1 �. 1 1 1 13.5' I 1 6" % .e Ji BR/CK PAVERS L 4'X4' PROPOSED PLANTER EBOX COLUMN BALCONY 7/.. • FOOTING C.) "FREE • . ' BR/CK ( ) •PARK/NG'" PAVERS • 0, .,i r' , PROPOSED COLUMN 00 srcN I I i . . 1W to . 4X4 •• . M "' ��' OW) z ........t4.4 ..._. .COMM i r EX/ST/NG FOOTING o . o f BOX 36"'/RON i0 W o I • FENCE I0 z . . II. L�� _J Z W 1 z 1 . . 13.5' _ww � - TP -- I Ii �— . • /5""ELM L — 14.5' /222 a 0 I EXIST/NC 2 STORY z N BRICK BU/LD/NG � }„ •\.. .. . si ih- k a L FF-1316" 5 O '..°TREE o P OTECTION0 \ BOLLARD 10 0 10 20 \ . • . .• O\•� LIGHT iii v I (TYP9 - - - -- `�= 0. \\ O SSM// \, 7RAS't CANS' \ 1 INCH = 10 FT R41,1=12.35 \\ EX/ST/NG CALIFORNIA /NV(N)=3.36 . TP ----, o R41/ PIZZA KITCHENNi/(s0=5.26 \ F� i - (/NVERTS CALCOLA 15"'ELM \\ O,l 4 FROM CONSTRUCT/ON 0 \ 4/ ��_ PLAN) I • • TREE \ BR/CK 5s, �9, TRASH CAN 1 PROTECTIO PAVERS c--16+, NO PARK/NG""S/CN STCO ‘\\ 5c9-5ly EXHIBIT 'A' ■■,■■n■■ MSA, P.C. ■■1►\/EI 1■■ SHOWING ■■1111//1 WPI■ Envimnmenhal Sciences•Planning•Surveying AREA OF ENCROACHMENT ■■"LII"L■ civil &Environmental Engineering•Landscape ,ch Architecture ■■■1111,7■ FOR ■■■I/A��!UP�■ 5033 Rouse Dive,Virginia Beach,VA 23462 PROPOSED BALCONY ADDITION FOR ��Z:1�� 75T490-9264(Ofsaon757-490-0634 l e 90,0634(Fax) TOWN CENTER CITY CLUB VIRGINIA BEACH, VIRGINIA PROJ. NO.: 15148 AUGUST 27, 2015 DATE: 11/20/15 SCALE: 1" = 10' Esc/ 1t /T 6- i I . „9 „0-,ZZ „9- ',Q „0-,QI I 110-.1 i 110"Z I Ile4"Ig f „e-,z . _ _ _ ,- iD C _ z 5--‹ I Q 11 Z 1/4D EU _ ix V 1 -I O ,,o 00vz u m V Q AL ( I) a I I Ex Hi eiT 8 _ II11111IJ111111IIIIIl111111IIIIIIII11I11IIIIIIIO � a a IS 111 Ii • l • 0 ..8 ..O—.Z lig—.8 •8—Z 161 • 9 „9-.G n0—,81 NO—ICC i;� ,E xH/6 T 6--. ( 6 9II 111 CZ v 1-- - Z LU v § Z _- Q 11 d 0 � m � ; � tY ce � x W Q ± 1LU II - Q z § Q i- %i) — v iuu K E- < � � zz 0 Z >' z tfliz zw - � � v1 4 tL I-- Q Il) u0 ILI I= � � � � � • � w ISO ceQX D_ IS) CO w �n v Di_ x W U a_ [�Q 'U 2 dJD 9 1 - m 0 . .._ i '� v - 1 • H Z.Q Ce — -► j13 8 -ri silk — ,CZ v zm - ------ - > z DIU - 0 UI mw � - 6 ,moo ittii -11- , Q �J 01Q • ii 0".1 7 -,Y „O-,t, i,V-,ro 11 -,V iie .,9 „9-.€ „O-,gl i „O-,ZZ /3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT (this "Agreement"), made this 19th day of October, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "Grantor", "City"; and TCA BLOCK 4 RETAIL, L.L.C., a Virginia limited liability company, "Grantee"; and TOWN CENTER CONDOMINIUM 4 OWNERS ASSOCIATION, INC., a Virginia nonstock corporation (the "Association", and a "Grantee"for indexing purposes. WITNESSETH: WHEREAS, Grantee is the owner of the "South Retail Unit" (the "Grantee Property"), a condominium unit created under that certain Declaration of Condominium of Town Center Condominium 4 dated as of December 12, 2002, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), as Instrument No. 200301300013195, and related instruments, as same may be amended from time to time (the "Condominium Instruments") pursuant to which the condominium known as "Town Center Condominium 4" (the "Condominium") was created on Town Center Block 4; WHEREAS, the Association is a condominium owner's association which has been formed to perform certain administrative and operational functions on behalf of the Condominium and which is empowered to execute agreements for services for the Condominium; Grantee Property GPIN: 1477-55-4031-0002 (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) I I it WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being the right-of-way for Central Park Avenue (the area on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Area"), which encroachments consist solely of a second floor balcony with supporting columns, footers and related improvements (collectively, the "Improvements"), the location of which is more particularly shown on Exhibits A and B-1 through B-3 attached hereto. The Improvements are referred to herein as the "Temporary Encroachments"; WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Area subject to terms of this Agreement.. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2 Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to 3 I I I reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. 4 I I i The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are 5 I I i allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The Association executes this Agreement for the purposes of acknowledging its requirements and, to the extent it has or may have any obligations hereunder pursuant to the Condominium Instruments, accepting responsibility for same. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee's leasehold interest in the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee's leasehold interest in the Grantee Property, and the transferor of the Grantee's leasehold interest in the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee's leasehold interest in the Grantee Property. IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company, and the Association has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind the corporation. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 TCA BLOCK 4 RETAIL, L.L.C., a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: `. Louis S. Haddad, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: lk- The foregoing instrument was acknowledged before me this of 1'Tiay .11 , 2015, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of TCA Block 4 Retail, L.L.C., a Virginia limited liability company. N 166i tary Public Notary Registration Number: , . JM My Commission Expires: � ,� 3( �•,..• tio-•.os�.,�, i. :o ..r4 ,t e2/7v,6,• z 23•.?ar'RFs s1. •' ,,,,,?,e,'oFVIRG\N;P`% 8 TOWN CENTER CONDOMINIUM 4 OWNERS ASSOCIATION, INC., a Virginia nonstock corporation By: Louis S. Haddad, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: i The foregoing instrument was acknowledged before me this 1 I day of 2015, by Louis S. Haddad, President, on behalf of Town Center Condominium 4 Owners Association, Inc., a Virginia no oc corpo'-tion. A' , Notary Public I O' ROSS Notary Registration Number: 14 ! ,. r ,•O; •• PUBLIC My Commission Expires: A/ ..I � * f REG.#221082 * MY COMMISSION . EXPIRES ; ••.10/31/201fi. 4: • �''",,wEAIIT... rrrdr,tt,e ' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DEPARTMENT S:\Clients1607510091Encroachment Agreement-vi.doc 9 5PVG ST 1%2 TOWN CENTER CONDOMINIUM 4 15"RCP ST/1,11/ GPIN 1477-55-4031 ,,, R/M=11.83 •' .II AREA=96,187 SF /NV(N)=5.66 • . •, 11 \ OR 2.208 AC INV(NE)=6.84 v • • /NV(SE)= 3 ' . 1 I STAMPED \�sT� .� o 68. ' (INSTR. No. 200301300013192) /NV(5)=5.65 ,o7 I I CONCRETE \,-Z�, CY STCO BENCH I. 13.5' I r__- --- KV L—J j BRICK PAVERS L �- - -w 6LP • -11...- f� 4'X4' PLANTER PROPOSED Ego( COLUMN BALCONY FOOTING "FREE - I BR/CK ( ) cv PARK/NG" I PAVERS r—, r I PROPOSED COLUMN SIGN or M J ° 1=' (TYP) ¢ co t_- 1 . ' 4X4 14' r� L — gr"") `V COMM 1 r EXISTING FOOTING o OSI BOX • FENCE N I I - � (Tip) O Q V Z I I. I,� _J W W Q O O 13.5' J N o_ W • J — g �- •. • 15"ELM L— 14.5' ,222 Na 1 ' 0 I ° EX/ST/NG 2 STORY z . . ' BR/CK BU/LD/NG 5 N • I: ' . 1_ TP ° FF-1316' p I TREE h ri, P OTECTION •.\\.• \• . • ` BOLLARD 10 0 10 20 \ ` LIGHT 1 INCH = 10 FT SSMH \, IRA.*CANS' \ 8/4/=1255 `\ EX/SI/NG CALIFORNIA /NV(/V=3.36 • •• �_ o RA' PIZZA KITCHEN /NV(SE)=3.26 • • \\\ o�`ll lir -- V--- (INVERTS CALCULA 75,,Eby FROM CONSTRUCT/ON '. • '. • 0 TREE \ BRICK +st , 2`9 TRASH CAN PLANS ,� "NO PARK/NG"SIGN TP l� PROTECTIO PAVERS s�6'r(9.`� STCO .\\ *L EXHIBIT 'A' ■■,■■n■■ MSA, P.C ■■11\/41 1■■ SHOWING ■■11111/I NM En�imN ,��cien •r>a.uung•s� AREA OF ENCROACHMENT ■■ULL 1'�■ civi1&Enw°n�, ,�> »eZg•'a gir ■■■/111�7■ FOR ■■■11Aluit■ 5033 Rouse Drive,Virginia Beach,VA 23462 PROPOSED BALCONY ADDITION FOR ■■NAL'■■■ '5'_49°-9264�oec� 's'-490-0634(Fax) ■■GS"■■ www.msaonline.com TOWN CENTER CITY CLUB VIRGINIA BEACH, VIRGINIA PROJ. NO.: 15148 AUGUST 27, 2015 DATE: 11/20/15 SCALE: 1" = 10' I Fxll3/T 6-- 1 .9 1O-,ZZ ..9-�G Homo „0-,f7 tuo-zt ��Q-,eI „e-iZ • ( D ( , z < 0 ' 7. jpN , , ii Q w z Q ill 0 1Y X ill ( i) 1:•••=•••=lianlialeil f/ ---o 0 7X I I ii EX HI e/T 8 -a ( D Q IIIIIIIIwIllllllllill iniilillllllllilllllli0 '!1 ^ - 1,-...,4,.,4 Hi 1 , Hi � d 4 _ _ _ o AL „0-,z 0 .0 9 t9—iG n0—,8I IIo-1 i� i Ex/419i T 43--3 ( D 4 1- w . v - - Z 0 § --I-1 ° v z zw 11 - d V tim �N� CZ et_ w Q k ` n e = Q z * O z3 ;- X � NILI tuK 1-- 4 Naz Q- OIY_ z Nxz LT: N • s m OQ v � v LLJto to Oe )- J _I ? ce OE Q Q. til a) 11J OI 0 0- = CD V a_ LO 11.1 / ' -"•. itiD 4 M 0 I-- X --1 'v - 11J II -Ce LT:1 Z Q . r,. 0 S „____ ,` _ kn .. ,.) } ykDX Hi V ~ Ce Ili JI x Q -__ _ X11 CO 11J n_ ® - �— =0 o Q IIO I V II111 7 O I�+ 11e Ie II�O I V 11 V • (' . Q . SI i.9-Ie HO-RIV . . i 0-,EE !3 t'4 n`iT` w%$ 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 • 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 n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. F-7 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). O APPLICANT NOTIFIED OF HEARING DATE. O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE. ct;v 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) TCA Block 4 Retail, LLC Members: Armada Hoffler, L.P.* & New Armada Hoffler Properties I, LLC* Manager: Armada Hoffler Manager, LLC* *see attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I irgini:s 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n n Accounting and/or preparer of your tax return n Architect/ Landscape Architect/ Randolph T. Hicks,AIA ` I Land Planner Contract Purchaser(if other than nthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Armada Hoffler Construction Company nn Engineers /Surveyors MSA, PC 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. 113 Virginia Beach Financing (include current (� I I mortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) I5XI Legal Services Fagged& Frieden. P.C. Real Estate Brokers / Agents for Divaris Real Estate, Inc. lx� current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have � an interest in the subject land or any proposed development Inl 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. See Attached APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. TCA BLOCK 4 RETAIL, L.L.C., a Virginia limited liability company BY: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company Its Manager� t By: -- Louis Louis S. Haddad, Manager S:\Clients\6075\009\Signature Page.docx Applicant's Name: TCA Block 4 Retail, L.L.C. Manager: Armada Hoffler Manager, LLC Members: Armada Hoffler, L.P. New Armada Hoffler Properties I, LLC 1 Limited Liability Name: Armada Hoffler Manager,LLC Managers: Louis S. Haddad Michael P. O'Hara Eric L. Smith Members: Armada Hoffler, L.P. ( Sole Member) Operating Partnership for Armada Hoffler Properties, Inc. 2 Partnership Name: Armada Hoffler, L.P. General Partner: Armada Hoffler Properties, Inc. Limited Partners: Armada Hoffler Properties, Inc. Daniel A. Hoffler A Russell Kirk Louis S. Haddad Anthony P.Nero Eric E. Apperson Michael P. O'Hara John C. Davis Alan R. Hunt Shelly R. Hampton William Christopher Harvey Eric L. Smith John E. Babb Janice Rider Michelle Lynn Whellly, Trustee of Louis S. Haddad &Mary C. Haddad Irrevocable Children's Trust Michelle Whelley Cristina Craven Lewis Rickard E. Burnell Chris A. Sanders Allen O. Keene Bruce G. Ford Dickens Family, LLC Thomas Comparato Bruce Smith Enterprises, LLC Bruce Smith Oyster Point Investors, L.P. Steyn, LLC D&F Beach, LLC DF Smith's Landing, LLC Linda S. Riggsbee Trust James F. Hamill David C. Falk, Jr. David C. Falk, Sr. Kellie Jo Falk Wendy C. Drucker Carolyn S. Thomas rd Revocable Trust Melanie R. Smith Trust Norma G. Frank Gina& Samuel Smithers Trust Matilda J. Smithers Trust Martha S. Jones 3 I II JQA& JE Mattern Revocable Living Trust Walter S. Price John A. Munick, Jr. Family Trust Spratley Family Holdings, LLC Gerald S. Divans Michael B. Divans Sanford M. Cohen Pamela G. Kirk Marie Clunan Jeffrey T. Kirk Michael R. Kirk Kristina Marie Hoffler Salter Irrevocable Trust Daniel A. Hoffler Irrevocable Children's Trust A. Russell Kirk Irrevocable Children's Trust Sharon Marie Hoffler Irrevocable Trust Sara Hoffler Salter Irrevocable Trust Daniel A. Hoffler, Jr. Irrevocable Trust Hunter Hyde Hoffler Irrevocable Trust Mary Jane Nero Family Trust Willis P. Blackwood Roslyn Farm Corporation HK-VB, LLC Parent/Subsidiary or Affiliated Business Entities: A/H Harrisonburg Regal, LLC AH Columbus II, LLC Armada/Hoffler Block 8 Associates, LLC Armada/Hoffler Charleston, L.P. Armada Hoffler Tower 4, LLC Broad Creek PH I, LLC Broad Creek PH II, LLC Town Center Block 10 Apartments, L.P. Greenbrier Technology Center II Associates, LLC Columbus Tower, LLC Ferrell Parkway Associates, LLC Bermuda Shopping Center, LLC Hanbury Village II, LLC North Point Outparcels, LLC North Pointe VW4, LLC TCA Block 4 Retail, LLC New Armada Hoffler Properties II, LLC Town Manager, LLC New Armada Hoffler Properties I, LLC North Point Development Associates, L.P. 4 North Pointe PH I Limited Partnership Town Center Associates 6, LLC Town Center Associates 7, LLC Town Center Associates 12, LLC Columbus Tower Block 5-A-2 Associates, LLC TCA10 GP, LLC Independence HT, LLC Oyster Point Office Building, LLC TCA Block 6, LLC AHP Asset Services, LLC AHP Construction, LLC AHP Development, LLC AHP Acquisitions, LLC AHP Tenant Services, LLC BSE/AH Blacksburg Apartments, LLC Courthouse Office Building, LLC Dimmock Square Marketplace, LLC North Point-CGL, LLC AH Sandbridge, LLC Armada Hoffler Manager, LLC Greenbrier Ocean Partners, LLC Greenbrier Ocean Partners II, LLC Lightfoot Marketplace Shopping Center, LLC Washington Avenue Apartments, LLC Town Center Associates 9, LLC Williamsburg Medical Building, LLC (Perry Hall) Perry Hall Maryland, LLC Socastee Myrtle Beach, LLC Columbus Town Center, LLC Hopkins Village, LLC Providence Plaza Charlotte, LLC 5 I i Limited Liability Name: New Armada Hoffler Properties I,LLC Manager: Member managed. Sole Member: Armada Hoffler, L.P. Parent/Subsidiary or Affiliated Business Entities: AH Columbus II, LLC Armada/Hoffler Tower 4, LLC Broad Creek PH I, LLC Broad Creek PH III, LLC BSE/AH Blacksburg Apartments, LLC Columbus Tower, LLC Ferrell Parkway Associates, LLC Bermuda Shopping Center, LLC Hanbury Village II, LLC Hoffler and Associates EAT, LLC HT Tyre Neck, LLC Lake View AH-VNG, LLC North Pointe-CGL, LLC North Pointe Outparcels, LLC North Pointe VW4, LLC TCA Block 4 Retail, LLC Town Center Associates 7, LLC Town Center Associates 12, LLC Columbus Tower Block 5-A2 Associates, LLC AH Sandbridge, LLC Armada/Hoffler Charleston, LP North Pointe Development Associates, L.P. North Point PH I Limited Partnership 6 I I Corporation Name: Armada Hoffler Properties, Inc. (the"REIT")* Executive Officers: Daniel A. Hoffler—Executive Chairman of the Board A. Russell Kirk—Vice Chairman of the Board Authorized Officers: Louis S. Haddad—President&CEO Michael P. O'Hara—CFO and Treasurer Eric L. Smith—Vice President of Operations and Secretary Anthony P. Nero—President of Development Eric E. Apperson—President of Construction Shelly R. Hampton—President of Asset Management *The REIT is a publicly traded company. 7 Other Parent/Subsidiary or Affiliated Business Entities: Armada Hoffler Construction Company 8 M , F- J z N -I4-6tia w J p u_(1) c-) Q O d' 6 r 1 V o< w w __ Ha NOI1f11I1SNOO m ce QZ Ce o � eW ( I- \ 0 \ rr, 0 o1 2 I �-Q = O NpLlQ( CO N 0 Jc 0 _ O Q m r N 0 1 E OZ 0 --1_ 1 � Zai p 0 ►mss H IC w O x ti Z Q Zia 2131N30 NMOL 2 ---------- ill I JI II co 2 1 Q - and�2�dd �` H1N30 w co Q i! -- ------ - z I o 1 5 1 I I : L I 1S 13NHVW I 1S 13>12HVW F- _ _ --- 0 i CC w :2:5U 1 Y w Z Q `° co a r / \ 11ow m _ a �' M Lis ane 30N3aNd3a oO m lira OA18 30N30P 3d3• N. W >` .� = '4 > \ T Q 0 G1 m v J 1 a i;e:{;2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 5,573 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Circle Lane MEETING DATE: December 1, 2015 • Background: On December 9, 2014, by Ordinance ORD-3387D, City Council approved the request by Thomas C. McKee and Lisa D. McKee (collectively, the "Applicant") to close an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle Lane between Cedar Point Road and Hill Road. • Considerations: There were five conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to Exhibit A attached to the Ordinance, and must include the dedication of a 20-foot drainage easement within the right-of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall dedicate the necessary easements for any City utilities located within the right-of-way closure area, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easements shall include a reasonable right of ingress and egress. 4. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate there are or may be utilities, including a private water service line, within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies and/or the property owner benefitting from the private water service line must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. On November 5, 2015, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3387D. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of 6 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency:(2- Planning Department City Manager. . :(7P*Z- 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 5,573 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS CIRCLE LANE 6 7 WHEREAS, on December 9, 2014, the Council of the City of Virginia Beach 8 acted upon the application of Thomas C. McKee and Lisa D. McKee (collectively, the 9 "Applicant"), for the closure of an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle 10 Lane between Cedar Point Road and Hill Road; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3387D) to close the 13 aforesaid right-of-way, subject to certain conditions being met on or before December 8, 14 2015; and 15 16 WHEREAS, on November 5, 2015, the Applicant requested an extension of time 17 to satisfy the conditions to the aforesaid street closure action; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on December 9, 2014 (ORD-3387D), upon application of Thomas C. McKee 24 and Lisa D. McKee, is extended to June 8, 2016. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 27 of , 2015. 28 29 GPIN: Right-of-way/ No GPIN assigned 30 Adjacent to GPINs: 2418-67-2070 and 2418-67-2141 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: LuaA twi-A-vv City Attorney Pla ing I'partment CA 13460 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC R-1 November 18, 2015 I Ai F W Cit. / -.; y I I' v C. : NSR..... _ �. r t_ i Ir ,111` p t MOS WSW"111111111111111111 .1'e„ p SI 1111=0111111.1111 hr. / V tttoO Rain . uown 1".ss.�ilw IT :7H1 2i 31NIOd W Ili la 111111111;4 _._.__ r� . -f� „ fir, 0 fne ......................................i.-,- C ombs --.......0.: _ ' :z.: [PI 0 177___. t N.: .....\ 4 1332i1S I 1IH V"; . i nr. vii3 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 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/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 applications) 0 APPLICANT NOTIFIED OF HEARING DATE 0 NO CHANGES AS OF DATE _ ( a _ REVISIONS SUBMITTED DAT E cly4 Virginia Beach other unincorporated organization, AND THEN. complete the following. (A) List the Applicant's name followed by the names of all officers, directors, m ers, trustees, partners, etc below: (Attach list if necessary) C � b. lX (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Niik - See next page for information pertaining to footnotes' and 2 4 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. IZ 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, bers,1 trustees, partners, etc. below: (Attach list if necessary) m )1441:;t—' a4145. ' ACtee 4 6 it 1 (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. �v nt 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. b SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) E Accounting and/or preparer of your tax return O Architect/ Landscape Architect/ Land Planner o id 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) Construction Contractors 1101 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. \Bow at Virginia Beach Financing (include current ED mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) INIIIIIII ❑ Legal Services121 tliffriffRE 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 CI r.,(� an interest in the subject land or any proposed development VJ 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. APPLI SIGN. RE PRINT N'ME DATE II , , . . , i 4s df R•,; ';►, • , ''4111r NATURE ' PRN 'ME '.TE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1 1 1 ;E-'1'`'':::; 1' F 1a ' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: 1) An Ordinance to Appropriate FY 2014-15 School Reversion Funds 2) An Ordinance to Transfer Funding within the Schools Operating Budget and the Green Run Collegiate Charter School Fund MEETING DATE: December 1, 2015 • Background: At its November 17, 2015, meeting, the School Board adopted two resolutions seeking City Council action on budget matters. The first item is the request for appropriation of reversion funds. The School Board was presented a summary of the un-audited financial statement for FY 2014-15 in which $12,316,533 lapsed and reverted to the City's General Fund by operation of law. Additionally, school formula revenues exceeded budgeted amounts -by $577,518. Accordingly, the total balance available for reversion is $12,894,051. In the past, City Council has appropriated such funds to the School System provided the funds are used for one-time expenditures and not continuing obligations. As an additional background regarding the request of use of reversion funds, the City Council established the "Special Revenue Fund - School Reserve" or the 098 Fund in 2003 after a request for such fund by the School Board. At that time, the City Council was provided a Policy wherein the School Board described the purpose, use, and limitations upon accumulations of balances in the 098 Fund. The current School Board Policy (# 3-28) is attached to this item. As of June 30th 2015, the School Reserve Special Revenue Fund had an un-audited balance of $12,299,308 of which $8,299,318 was appropriated as part of the FY 2015-16 Operating Budget for Schools. This leaves a balance of $3,999,990 in the 098 Fund. The other resolution adopted by the School Board requests transfers of funds between major classifications in the Schools Budget. These transfers are needed to align funding among the classifications in both the School's Operating Budget and the Green Run Collegiate Charter School Fund. • Considerations: These two ordinances are presented to City Council at the request of the School Board. The proposed use of reversion funds is as follows: o $1,600,000 to the Risk Management fund to cover an estimated current year shortfall; o $2,994,733 to the School Operating Fund to purchase replacement buses, fleet replacement vehicles, upgrade the Wide-Area Network Edge and Distribution Switches, and support for SOL improvements; and o $8,299,318 to the School Reserve Special Revenue Fund to address: (1) the anticipated operating budget shortfall in FY 2017; (2) emergency expenditures of a non-recurring nature; and (3) other fiscal emergencies. The proposed transfer will be used for recruitment advertisements, printing, maintenance agreements, gifted testing, web-based services, on-line testing, software upgrades, iPads and covers, printers, printer cartridges, computers, monitors, computer supplies, laptops, software, and technology services: $1,776,265 among various classifications in the School Operating Fund; and $367,094 among various classifications in the Green Run Collegiate Charter School Fund. The Schools budget remains balanced, and this transfer will not change total appropriations for Fiscal Year 2015-16. • Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinances (2); School Board Resolutions (2); School Board Policy 3-28. Submitting Department/Agency: School Board of the City of Virginia Beach City Managits l2. 7a5(16/1. School Board of the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS Daniel D.Edwards,District 2-Kemnsvime,Chair ^ * s ^ x op r * vs Beverly M.Anderson,At-Large,Vice Chair soamonpeltnn. munct*-aroch School Administration Building ws'Municipal Center Dorothy m.Holtz,At-Large 2512 George Mason Dr. Joel A.McDonald,oimrxzs-nme*aU p�O�uux6U3D Virginia Beach,VA 23456 Ashley K.McLeod,At-Large (757)263-1000 mmbcdrA.xxrmrk,mst,ictr-p,i"ccoAm"e MISSION STATEMENT Carolyn T.Rye,District 5-Lynnhaven Elizabeth E.Taylor,At-Large The Virginia Beach City Public Schools,in partnership with the entire Leonard[Ten:u`'District z-Centerville community,will empower every student to become alife-long learner who is a responsible,productive and engaged citizen within the global Carolyn D.Weems,District 4-Bayside Aaron C.Spence,sdo Superintendent community. � ' RESOLUTION REGARDING FY 2014/15 REVERSION AND REVENUE ACTUAL OVER BUDGET FUNDS WHEREAS, On September 15, 2015 the School Board was presented with a summary of the unaudited financial statement forFYZ0I4/lSkear-ending ]une3O. 2Ol�) �hovvingthe �wersionamour��othe[�/s6enera| Fund� and ' WHEREAS, the estimated funds available for re-appropriation is $12,316,533; and WHEREAS,the City is currently indicating an FY 2014/15 revenue actual over budget of the revenues included in the Revenue Sharing Formula of which the Schools portion is $577,518; and WHEREAS, the net reversion funds available for re-appropriation is $ll894,0SI; and ' WHEREAS,the Administration • $1,600,000 to the Risk Management Fund 614 to cover the estimated current year shortfall • S1,400,000 to the Operating Fund 115 - Transportation Category to purchase 14 replacement school buses • D200'000 to the Operating Fund 115—Transportation Category for Bus Garage Fleet replacement • $DO8'8l2tothe Operating Fund ll5 Technology Category as a required local match to upgrade the Wide Area Network Edge and Distribution SwitchesThe total cost for this pject is pjected at $l,98DO2O27. USA[has . approved $1,lD[\OO7.Slunder the E'Ratafor this initiative � • $285,921 to the Operating Fund 115—Operations 81 Maintenance Category for White Fleet replacement vehicles • $300,000 to the Operating Fund 115—Instructional Category to provide support to schools for SOL improvement and collaborative planning time for teachers • S8,299,318 to be re-appropriated to the School Reserve Special Revenue Fund to cover expected revenue shortfalls in the FY 2016-17 Fund 115 School Operating Budget; and NOW,THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2014/15 Reversion and Revenue Actual Over Budget funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2014/15 Reversion Funds shown above; and be it FINALLY RESOLVED:That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Beach this I7«' day ofNovember JOl5 .^ ^' Daniel D. Edwards, Chairman SEAL Attest: \ ` � Dianne P. Alexander, Clerk of the Board i I i 1 AN ORDINANCE TO APPROPRIATE FY 2014- 2 15 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on November 17, 2015, the School Board adopted a resolution 5 requesting the City Council re-appropriate funds that lapsed and reverted at the end of 6 FY 2014-15 and funds that exceeded anticipated revenue estimates for FY 2014-15; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $12,894,051 is hereby appropriated in the FY 2015-16 Operating Budget 12 from the fund balance of the General Fund in the amounts and for the purposes set 13 forth below: 14 15 1. $1,600,000 to the Schools Risk Management Fund to cover the estimated 16 shortfall in the current fiscal year; 17 2. $8,299,318 to the School Reserve Special Revenue Fund to address the 18 anticipated budget shortfall in FY 2016-17 and other unanticipated 19 emergencies; and 20 3. $2,994,733 to the Schools Operating Budget in the amounts set forth below: 21 22 • $1,600,000 to the Transportation Classification for replacement buses 23 and other fleet replacements; 24 • $808,812 to the Technology Classification for a local match to a grant 25 that will upgrade wide-area network edge and distribution switches; 26 • $285,921 to the Operations and Maintenance Classification for white 27 fleet replacement vehicles; and 28 • $300,000 to the Instructional Classification to provide support for SOL 29 improvements. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ) 0/t/‘ SAa. n 1,0 Budget and anagement Services City At ► ney' 'office CA13529 R-1 November 19, 2015 I I i Virginia Beach City Public Schools -Policies and Regulations Page 1 of 1 Select Language v E i Search We Inn students firstseek growth.are open to change.do great n oils together and value diff huge. 2512 George Mason Drive•P.O.Box 6038 Virginia Beach,Virginia 23456-0038 757.263.1000 757.263.1240 TDD Policies and Regulations School Board of the City of Virginia Beach Policy 3-28 BUSINESS AND NONINSTRUCTIONAL OPERATIONS Reserve Fund A. Generally In order to be in a better position to respond to: 1)unexpected shortfalls in state or federal funding;2)emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget;3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall;or 4)other fiscal emergencies,the School Board shall set aside a reserve for contingencies(hereinafter"Reserve Fund"or"Fund")up to two(2)percent of the previous year's School Operating Budget,may be placed into this Fund.The purpose of this Policy is to specify what funds shall be placed in the Reserve Fund,and to set forth the School Board's requirement for any expenditures to be made from the Reserve Fund. B. Policy 1. Any expenditure of funds in the Reserve Fund shall require a resolution adopted by a majority vote of the School Board.Such resolution shall state the purpose(s)of the expenditure,and the total amount to be expended. 2. Pursuant to applicable provisions of state law,the Reserve Fund must be appropriated by City Council annually as part of the school operating budget,and any funds that the School Board desires to be added to the Reserve Fund during the fiscal year must also be appropriated by City Council. Legal Reference: Code of Virginia§22.1-94,as amended.Appropriations by county,city or town governing body for public schools. Code of Virginia§22.1-115,as amended.System of accounting;statements of funds available;classification of expenditures. Virginia Board of Education Regulation 8 VAC 20-210-10,as amended.Classification of expenditures. Adopted by School Board:May 6, 1997 Amended by School Board:May 6,2003 Amended by School Board:September 16,2014 .. ---,---,_ 11/19/2015 School Board of the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS Daniel�Edwards,District z–Kempsvm Chair ... HEAD or THE CUR VE Beverly M.Anderson,At-Large,Vice Chair Sharon R.Felton,District 6–Beach School Administration Building Sf6,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. P.0.Box sosa Joel A.McDonald,District 3–Rose Hall Virginia Reach,VA 23456 Ashley K.McLeod,At-Large (757)263-1000 Kimberly A.Melriyk,District 7–Princess Anne Carolyn T.Rye,o�tnuS-4nnxamcn MISSION STATEMENT Elizabeth E.Taylor,At-Large The Virginia Beach City Public Schools in partnership with the entire Leonard C.Tengco,District 1–Centerville community,will empower every student to become a life-long learner Carolyn D.vv��'n��|��w–oaysid� who isamm xpon�ib|e'ndumiveandengaDed citizen w�hinthe global community. AamnC.Spemc��d.D,Su,ehmeodent RESOLUTION REGARDING FY 2015-16 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS Virginia Beach,Virginia's adopted Budget Ordinance for8m currenthoodyomopp�phu�d funds to the School Board of the City "..".^"°."~...'.. Virginia Beach,Virginia by major Category;and WHEREAS,the School Administration has determined that a number of schools and departments have spending needs that require categorical/fund transfers to enable such purchases such as: recruitment advertisements, printing,mg maintenance agreements, Gifted Testing, web-based services, online testing, software upgrades,iPads and covers,printers,printer cartridges,computers,monitors,computer supplies,laptops,software,technology services;and WHEREAS,the budget upload for FY 2015-16 for the Green Run Charter School(GRC), Fund 104 was incorrect and therefore categorical transfers are required;and WHEREAS,the following budget transfers are recommended by the School Administration: ° Total n|$7.309from Operating Fund 115-Instruction WOperating Fund 115-Transportation • Totalof�$79G4��mOpesU�gFuod115' Instruction�oQpum8ioQ FundOperations&�s�enamco ^ • Total of$497,572 from Operating Fund 115-Instruction to Operating Fund 115-Technology • Total of 522,500 from Operating Fund 115-Administration to Operating Fund 115-Instruction • Total of$7,170 from Operating Fun115—Administration to Operating Fund 115-Technology • Total of$253,871 from Operating Fund 115-Transportation to Operating Fund 115-Technology • Total of$896,879 from Operating Fund 115-Operations&Maintenance to Operating Fund 115 Technology • Total of$8000 from Operating Fund 115 Technology to Operating Fund 115 InstructIon �! • Total of$75,000 from Operating Fund 115-Technology to Operating Fund 115-Administration • Total of$12,000 from ORC Fund 104-Instruction to GRC Fund 104-Technology * Total of$140,966 from ORG Fund 104-Operations&Maintenance to ORG Fund 104 -Instrucon • Total of$9,000 from GRC Fund 104 Operations&Maintenance to GF1C Fund 104-Administration • Total d$189.12Bfrom GRCFund 1O4'Operations&Maintenance ioQRCFund\84'Transportation o Total of 516,000 from GRC Fund 104-Operations&Maintenance to GRG Fund 104-Technology:and YHEREAS.thesetransfersmma|aoneueouary|uappmphate|yexpnnaeanduccoun\ho/(he^*om*s-moeynhom|mxpemxam'and WHEREAS,transfers between categoriesifundomust be approved by the City Council prior to expenditure otmuch funds by the School Board. NOVV.THEREFORE,BE[T RESOLVED: That the School Board approvs and affirms the abovlisted recommendeuses of these funds;and be ii FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above:and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board,and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor,each member of the City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Vi this 17thda of Nb 2015 Daniel D. wards,Chairman SEAL Attest: 0~ Dianne P.Alexander,Clerk of the Board I I I i 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 SCHOOL OPERATING BUDGET AND GREEN RUN 3 COLLEGIATE CHARTER SCHOOL FUND 4 5 WHEREAS, the School Board requested, by resolution adopted November 17, 6 2015, a transfer of funds from various classifications in the School Operating Fund and 7 the Green Run Collegiate Charter School Fund for recruitment advertisements, printing, 8 maintenance agreements, gifted testing, web-based service, on-line testing, software 9 upgrades, iPads and covers, printers, printer cartridges, computers, monitors, computer 10 supplies, laptops, software, and technology services. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $1,776,265 is hereby transferred within the FY 2015-16 Schools Operating 16 Budget in the amounts set forth below: 17 18 a. $7,309 from the Instruction Classification to the Transportation Classification; 19 b. $7,964 from the Instruction Classification to Operations and Maintenance 20 Classification; 21 c. $497,572 from the Instruction Classification to the Technology Classification; 22 d. $22,500 from the Administration Classification to the Instruction Classification; 23 e. $7,170 from the Administration Classification to the Technology Classification; 24 f. $253,871 from the Transportation Classification to the Technology Classification; 25 g. $896,879 from the Operations and Maintenance Classification to the Technology 26 Classification; 27 h. $8,000 from the Technology Classification to the Instruction Classification; and 28 i. $75,000 from the Technology Classification to the Administration Classification. 29 30 2. That $367,094 is hereby transferred with the FY 2015-16 Green Run Collegiate 31 Charter School Fund in the amounts set forth below: 32 33 a. $12,000 from the Instruction Classification to the Technology Classification; 34 b. $140,966 from the Operations and Maintenance Classification to the Instruction 35 Classification; 36 c. $9,000 from the Operations and Maintenance Classification to the Administration 37 Classification; 38 d. $189,128 from the Operations and Maintenance Classification to the 39 Transportation Classification; and 40 e. $16,000 from the Operations and Maintenance Classification to the Technology 41 Classification. 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: Do..du r r r R F Budget and Management Servic s -Cify Atf me s Office CA13530/R-1 /November 19, 2015 I I I K. PLANNING 1. CHRISTINE WERNE and PEMBROKE OFFICE PARK, LP for Modification of Conditions of a Conditional Use Permit re expansion of a Vocational School (approved January 22, 2013) at 281 Independence Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. BJ'S WHOLESALE CLUB and BIRCHWOOD MALL ASSOCIATES ETC for Modification of Condition No. 4 of a Conditional Use Permit re an Auto Service Station (approved June 26, 2001) to allow electronic display of fuel prices at 3712 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. ROBERT McNICHOLS and REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND for Modification of Conditions of a Conditional Use Permit re Housing for Seniors (Marion Manor) (approved February 22, 1994) to add a Chapel at 5345 Marian Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. PORPOISE, LLC and LESLIE G. SHAW, JR. for renewal of a Conditional Use Permit re a skate park at 1905 Cypress Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. BAYSIDE CONCRETE, INC and BRUCE H. GOULD for a Conditional Use Permit re a Bulk Storage Yard at 408 Davis Street DISTRICT 4—KEMPSVILLE RECOMMENDATION: APPROVAL 6. SHELA MARIE BOLLENBACHER for a Conditional Use Permit re a Home Daycare at 2492 Seven Kings Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. YNOT, LLC and CITY OF VIRGINIA BEACH re a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business re a restaurant at Princess Anne and Winterberry Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL I I 8. Street Closures, re portions of the unimproved rights-of-way of Holly Road at 48th Street: DISTRICT 6—BEACH a. HOLLY ROAD, LLC b. DR. JACK SIEGEL and LISA A. BERTINI RECOMMENDATION: APPROVAL 9. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands RECOMMENDATION: APPROVAL +F 4 �bw NOTICE OF PUBUC 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, December 1, 2015 at 6:00 PM., at which time the following applications will be heard: COUNCIL DISTRICT 4-BAYSIDE CHRISTINE WERNE [Applicant] PEMBROKE OFFICE PARK, LP Application: Modification of Conditions of a Conditional Use Permit (Vocational School) approved by City Council on January 22, 2013. 281 Independence Boulevard(GPIN 1477353753) COUNCIL DISTRICT 8-BEACH PORPOISE, LLC [Applicant] LESLIE G. SHAW, JR. Application: conditional Use Permit (Outdoor Recreational Facility)1905 Cypress Avenue (GPINS 2417970299, 2417971213) COUNCIL DISTRICT 2-KEMPSVILLE BAYSIDE CONCRETE,INC/BRUCE H. GOULD Application: Conditional Use Permit(Bulk Storage Yard)408 Davis Street(GPIN 1467485670) COUNCIL DISTRICT 3-ROSE HALL SHELA MARIE BOLLENBACHER Application:Conditional Use Permit (Home Occupation-Home Daycare) 2492 Seven Kings Road (GRIN 2405301161) COUNCIL DISTRICT 5-LYNNHAVEN BJ'S WHOLESALE CLUB/BIRCHWOOD MALL ASSOCIATES ETC Application: Modification of Conditions of a Conditional Use Permit(Automobile Service Station)approved June 26, 2001. 3712 Virginia Beach Boulevard(GRIN 1487448869) COUNCIL DISTRICT 7 -PRINCESS ANNE YNOT, LLC [Applicant] CITY OF VIRGINIA BEACH Application: Conditional Change of Zoning(AG-2 Agricultural to Conditional B-2 Community Business) Property is located approximately 190 feet Northwest of the corner of Princess Anne and Winterberry Lane(portion of GPIN 1494096316) COUNCIL DISTRICT 2-KEMPSVILLE ROBERT McNICHOLS [Applicant] REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND [Owner] Modification of Conditions of a Conditional Use Permit(Housing for Seniors) on February 22, 1994. 5345 Marian Lane (GPIN 1467554743) CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands. COUNCIL DISTRICT 6-BEACH HOLLY ROAD, LLC Application: Street Closure, Unimproved 50'x125' portion of Holly Road south of 480 Street(adjacent GPIN 2418870831) COUNCIL DISTRICT 6-BEACH DR.JACK SIEGEL&LISA A.BERTINI Unimproved 50'x 125' portion of Holly Road South of 48th Street (adjacent GPIN 2418871833) All interested parti are invited to attend. Ruth Hodges ,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbeov.com/Dc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385.4303. BEACON: NOVEMBER 15 & 22, 2015-1 TIME EACH. LU L Z I Z111 ,,„ 02 •;:i LLU11 . , CO OS ; 4; ,c z 0 . . ,.., 1.11.1 o II,- .6". I= 1111111110“ Independence Boulevard ' ..., t:1 in -- Li moo ....,„,..--- 1......., _ L,.... ' 1:3 X — 0 431 — 'V 4 - Ca) st In > to Cl) cp : . . o 4'; ---r--7-7-j .c N-1 xhyd alvvodwoD I 0 \\\: 4400000000) _CZ I . Cel U IM . • 1.— as ..r. _..... u Z 0) \ CO \ (4,0) • 0 oc ,i- „ lorek soOP IP la lumil i s ISItii_I - 2 : , g z CO -,-, i 161 I IN t Z ton a v4 1440 ti:LO 3 CO ‘‘3111 ed V I _,.... r? ac "AD ei co 1/1 CD 0 vIg al a tz likos IC 22 ift --... 1 ....-.......-- i )01` ........ I( 1 MI'.3 Wtit)14 3AY 3DY,S0 Fi 3.M. I'D ItHIC COI 1------ i . i r— 1 1 i 1 ' [ zi ,,,,..5„4:,,,. err r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTINE WERNE [Applicant] PEMBROKE OFFICE PARK, LP [Owner] Modification of Conditions of a Conditional Use Permit (Business and Vocational School) approved by City Council on January 22, 2013. 281 Independence Boulevard (GPIN 1477353753). COUNCIL DISTRICT— BAYSIDE. MEETING DATE: December 1, 2015 ■ Background: The Conditional Use Permit allowing a vocational school for esthetician and skin care was approved by the City Council in 2013. Due to concerns related to available parking in this busy office complex, a condition was required limiting the number of students in any one class to 15 and limiting the number of sessions per day to one in the morning and one in the afternoon. • Considerations: The applicant, Christine Werne, desires to modify the Conditional Use Permit to allow for the following changes: • Expand the square footage of the school by 2,000 square feet; and • Add an additional day and evening session for up to 20 students per session, increasing the total number of students on site at any one time to 35. Further details pertaining to the application, as well as staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 22, 2013, are deleted and are replaced with the conditions listed below. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from Christine Werne Page 2 of 2 the Building Official. 3. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to the opening of the school's and salon's expansion. 4. Exterior building signage shall comply with the requirements of the Zoning Ordinance. ■ Attachments: Staff Review 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-, I I I BAYSIDE DISTRICT-ze1 INDEPENDENCE BOULEVARD CHRISTINE WERNE i 1 3 ei.s 1s Ba 41 B-1 , 1 <65 dB DN!AICUZ J a October 14, 2015 Public Hearing 1 1 B2\ �. APPLICANT: W CHRISTINE WERNE B-� % CBC 0 7 ° clic m a PROPERTY OWNER: n Virginia Mach Boulevard PEMBROKE a t= :'11 OFFICE PARK, L.P. B-s CBC 1;; 1, r CBC Modification of Conditions STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit(Vocational School)approved by the City Council on January 22, 2013 ADDRESS/DESCRIPTION: 281 Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 114773537530000 BAYSIDE 12.42 acres Less than 65 dB DNL Current Lease Area: 3,900 square feet Proposed Additional Lease Area: 2,000 square feet 4 4 . BACKGROUND / DETAILS OF PROPOSAL Background The Conditional Use Permit permitting a vocational school for esthetician and skin care was approved by the City Council in 2013. The Conditional Use Permit has four conditions. The full list of the conditions is provided at the end of this report. Due to concerns related to available parking in this busy office complex, a condition was required limiting the number of students in any one class to 15 and limiting the number of sessions per day to one in the morning and one in the afternoon. The current hours of operation range from 8:00 a.m. to 10:00 p.m., Monday through Thursday; 8:00 a.m. to 5:00 p.m. on Friday; and, 9:00 a.m. to 3:00 p.m. on Sunday. CHRISTINE WERNE Agenda Item 13 Page 1 Details The applicant operates Chrysm Institute of Esthetics at this location. Currently, there are six full-time employees and seven part-time staff. The request is to allow the school to lease an additional 2,000 square feet in order to add additional day and evening sessions for up to 20 students per session. With the existing 15 students per class, this request for 20 more students increases the total number of students on site at any time to 35. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: office complex SURROUNDING LAND North: • Broad Street USE AND ZONING: • Restaurant, retail, multifamily units/B-3 Business District, A-18 Apartment District South: • Office uses/Central Business Core District East: • Independence Boulevard • Mixed retail /Central Business Core District West: • Kellam Road • Mixed retail /B-3 Business District NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed. There do CULTURAL FEATURES: not appear to be any natural resources or notable cultural features on the site. COMPREHENSIVE PLAN: The Pembroke SGA Implementation Plan, adopted by reference as part of the Comprehensive Plan on November 10, 2009, identifies this area as the Central Business District/Core Area, the most densely developed and intensely occupied area within the SGA. The Central Business District/Core Area is envisioned as the main business, cultural, and arts center of the Pembroke SGA. The concept proposes a highly structured urban development framework that concentrates high density, commercial development in the central area and provides for decreasing land use densities as development moves away from the core(p. 27). 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard adjacent to the subject site is considered an eight-lane divided major arterial road. The MTP proposes an eight-lane facility within an ultimate right-of-way of 155-feet. Currently, this segment of roadway is functioning near its capacity at a Level of Service D. There are no roadway CIP projects for this area. TRAFFIC: CHRISTINE WIVERNE Agenda Item 13 Page 2 111 Street Name Present Present Capacity Generated Traffic Volume Independence 64,216 ADT 1 56,240 ADT 1(LOS 4 "D") Boulevard (2012) 64,260 ADT 1 (LOS 4 "E") Existing Land Use 2- 143 ADT 6,200 ADT 1(LOS 4"C") Proposed Land Use 3- 100 ADT Broad Street 3,614 ADT 1 9,900 ADT 1 (LOS 4"E") Average Daily Trips 2 as defined by 3,900 sf of a general office building 3 as defined by 3,900 sf of a junior college/community college 4 LOS=Level of Service The number of generated trips provided above is based on the total student enrollment for the institution.A Junior/Community College land use typically has a much higher average enrollment;therefore,the volumes presented above may be overly conservative. WATER &SEWER: This site is already connected to City water and sewer. 4 0 EVALUATION AND RECOMMENDATION This Modification of Conditions of the Conditional Use Permit for a Vocational School approved on January 22, 2013 is consistent with the land use policies for the Pembroke Central Business Core District. This type of use is ideal in the City's Central Business Core District. The applicant's success has prompted this request to expand the vocational school. Based on the concerns raised in 2013 by other tenants of the building, Staff spoke with occupants of the building and found no complaints. The Zoning Ordinance requires technical/vocational schools to provide at least one on-site parking space for every two seats (students), or the parking spaces can be set with the Conditional Use Permit. For this request using the one space per two students, a minimum of 17 parking spaces is required. By comparison, the minimum parking requirement for a 5,900 square foot, by-right office use also equates to 17 spaces (1 space per 330 square feet). It is Staffs opinion that due to the matching parking requirements and some off-hours sessions, the existing parking lot is sufficient to accommodate the use. Based on this, in Staff's opinion, the expansion of the school will not pose any negative impact for current tenants within this building or for any of the surrounding properties. Staff recommends approval of this requested modification, as conditioned below. CHRISTINE-WE NE_ Agenda Item 13 Page 3 111 • e CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 22, 2013, are deleted and are replaced with the conditions listed below. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 3. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to the opening of the school's and salon's expansion. 4. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 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. CHRISTINE 11VERNE Agenda Item 13 Page 4 Conditions of January 22, 2013 Conditional Use Permit 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 4. The maximum number of students attending any one class will be 15 individuals. Furthermore, there shall be no more than one class during each of the weekday morning and afternoon sessions. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL usg,PERIVIIT CHRISTTNE'WNE Agenda Item 13 Page 5 : , .._ BOULVARD . ,-. ...ar ►ND • EPENDENCE" , _ :N . r. •:v. 1 + $ •• •it t O • lei v W Jr• . ,,,..‘ m ,Yt e 1' 4„ .,.. .V : ' + '' CO' t 3 0 W Q a CC.7.0 ,j•_ ,„ ' . ...- .. , ;.: 4 ._,._ A,.. r,,,„„W'4 z rt 4 ' . •• 4,�,., �� r .1.,,,..--•. r , , . t . 2 t ¢ i } 0:: . . 1 !1.,?..• . ."..ter- .0. .1.' ,,‘ . ; . , i .. .. ' • I + . • `.e` . ; 3 --- O „ w.EtS . r : � r < MP '` I r 'I AERIAL OF SITE LOCATION CHRISTINE WERNE Agenda Item 13 Page 6 11 I111 I IL — 1 j I ' 4 iti [ [ "-• ‘1- Iii [.joltiePt*Nat 1 il; 10.111../ti • t I i t 41 :i ill 1 •' — ji• i - I.1 . i 41 If; . •5• t ,I 111, 1 IN • 14- iiI 'al , [ - !['ji, 7 7 I ; • 'i I , 1 : ; • 6 i I 1 I 1 1 1 1 i 11': "If it.4 r' II il 1; lw.4. tr.. - `,.. -' . , 4 I i - 1 -..,-.,..-. r; A,....4i I 3 • ""!•4.ii.l. .,1 ir4,. .'.; •-•-••, - , )111 1-1,Li••.----:-.:: Mt ....t..........1 r"i: ill:•:plit-.7. f! :i ii t.. i. ,Tt • s/ 1 t . • , , -t..27,-- : • i t , 1 1? •; *- .1 . , ki Ifs-.}..i.-4-' . .-- -',•i: a, I Ili 1.- c N ',-1,.' . 1., .1.'''. 1 i'*4:i. •-••••'---=„s: EXISTING SITE LAYOUT CHRISTINE WERNE Agenda Item 13 Page 7 �. s ..4..,,,,t,:,... w '''�"- ' spaniel -1111 - _ - - - --�t N I I N. , r, f" , , 1 I - [ Ir i1 1 l , .,..!rt,::::, 1 i ,,,. ...4,,,,_ v � , :7:1,, .„._,_ ,1 1 - -- . - ] fl -$ 1 It ._em=u ams ;w x r R PHOTOGRAPHS OF EXISTING BUILDING CHRISTINE WERNE Agenda Item 13 Page 8 BAYSIDE DISTRICT— 281 INDEPENDENCE BOULEVARD CHRISTINE WERNE 1 i R-7.5 A-la B-3 W B-3 w �� <65 dB DNL AICUZ i egt >., 9A0A0 SY a B-2 g<caa stow- 4, . CD I 1 0. BROAD ST OAUs, SITE CD, • 6 n CBC 4. B CBC5 0 o 2 ' C l Q CBC v 3 ,, _ _ t,,,, WI Virginia Beach Boulevard ! \ 1 --, r I 1CBC B-3 CBC t I 1ANNSi 171 IICBC 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 01/22/2013 CUP(vocational school) Granted 2 09/28/2006 CRZ(B-3 to Conditional B-4C) Granted CUP(multifamily dwellings) Granted 3 04/08/1997 CUP(fuel pumps) Granted 4 09/10/1996 CUP(wireless communication facility) Granted 5 03/23/1996 CUP (rooftop communication tower) Granted ZONING HISTORY CHRISTINE WERNE Agenda Item 13 Page 9 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 •€ 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. XiCheck 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). 0APPLICANT NOTIFIED OF HEARING DATE: we NO CHANGES AS OF DATE: /05/2015-QAKS/ I I/1 S /5- • El REVISIONS SUBMITTED DATE: DISCLOSURE STATEMENT CHRISTINE WERNE Agenda Item 13 Page 10 NYN 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) Christine Werne,President • (B) List the businesses that have a parent-subsidiary 1 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 4 T SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Ei 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) kr.1ce 0EL,P. (AAA; , 3A.,Nraw n ?e..r4,3 ilabe. G (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 5 , 4-,C.h t�h rev,Qvs� (9 201 Ltn 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 gam, CHRISTINE WEI NE. Agenda Item 13 Page 11 I I o Virginia Beach 1 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect 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 Robert S.Field your tax return 0 -' Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than -' the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed CI ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • EjConstruction Contractors Unknown • `' Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT CHRISTINE'WE NE Agenda Item 13 Page 12 I I Ix cn,a Virginia Beach Financing(include current ❑ E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ z Legal Services El current Estate Brokers/Agents for Ricky Ardecscn current and anticipated future c6R.0 sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or m: g •far'0 ill body or committee in connection with this Application. 11141/1" _ 64s/vie 4).4ene____ " 1 icp, •,-,' E PRINT NAME ATE� WNER�/�1 4 52,06b4- 6. 6 LAAnec /1 5/15 PROPERTY 'S SIGNATURE PRINT NAME I 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 CHRISTINE VVERNE Agenda Item 13 Page 13 I" Item #13 Christine Werne Modification of Conditions 281 Independence Boulevard District 4 Bayside October 14, 2015 CONSENT An application of Christine Werne for a Modification of a Conditional Use Permit(Vocational School) approved by the City Council on January 22, 2013 on property located at 281 Independence Boulevard, District 4, Bayside. GPIN: 114773537530000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 22, 2013, are deleted and are replaced with the conditions listed below. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permit and Inspections Division and the Fire Department.The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 3. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to the opening of the school's and salon's expansion. 4. Exterior building signage shall comply with the requirements of the Zoning Ordinance. A motion was by Commissioner Thornton and seconded by Commissioner Ripley to approve item 13. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 13 by consent. The applicant Christine Werne appeared before the Commission. UO _ , , t \ . t ikd C.1% 4.'4*.%:,,gZ1,. ti. A '' 1 , 1 M(M N .) CO , „.„-----s-iii. cs ..... I W --s--.-"<°- - ,_. ..- • N •.- ...y. . „ .___ i - --- , CO ! os'- °'"tCI N '`...._.. CD ' __I . - ..._ , 1 4.11 0 - isa =RC I i Q.) •...... 41. I tri N 1 I 4'1 13 ...... 4) 0. --,, c ...._ i 36. •..... CO --\ i. in tr 4) in 1 \ N ,1 \ , igt4 i 1111 v.,.1 CNi i in •....., .4- . ...6 ti. . 12 IX , i c 0 ILI(0 N t...) > - I t3) wf-t1:10 0 t'J CD 1.1.11 - 1 5 0 CO • (I) > = u C.) cu co I w Z * 1 u to 'c— ._ Et') 0 0 WI In as I C \I I-1 MI .” Oa I — E N (..) " ....I ta . 2 ..,_ ' 1 I , I - ' , I LU . 1 CO . JII.4-, , [ ,...„,,,„„zt.i, e ... N „ _ i. t't. P � .--, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BJ'S WHOLESALE CLUB [Applicant] BIRCHWOOD MALL ASSOCIATES ETC [Owner] Modification of Conditions of a Conditional Use Permit (Automobile Service Station) approved by City Council on June 26, 2001. 3712 Virginia Beach Boulevard (GPIN 1487448869) COUNCIL DISTRICT—LYNNHAVEN MEETING DATE: December 1, 2015 • Background: A Conditional Use Permit was approved to allow six fuel dispensers with a canopy and a small kiosk at this BJ's Wholesale Club on June 26, 2001. This is a request to modify condition #4 attached to the 2001 approval. Condition #4 limits fuel sales signage to traffic control signs and canopy signage. The applicant desires to advertise the fuel prices by electronic display on the BJ's Wholesale Club freestanding sign. • Considerations: Section 217 of the City Zoning Ordinance allows for the electronic display of motor vehicle fuel prices subject to certain criteria. One requirement is that any sign with electronic display of fuel prices must be monument style with a maximum height of eight feet. The existing freestanding sign is 12 feet high and the applicant proposes to lower the sign to a height of eight feet in order to comply with this requirement. The sign is located at the BJ's Wholesale Club entrance on Virginia Beach Boulevard and the location will not change. As proposed, the sign will have one, 5.25 square foot panel capable of displaying fuel prices electronically, thereby meeting the requirements of Section 217(3). Further details pertaining to the application, as well as staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on June 26, 2001, are deleted and replaced with the conditions listed below. BJ's Wholesale Club Page 2 of 2 2. Any missing or dead landscaping required with the 2001 City Council approval must be replaced prior to issuance of a sign permit for the new sign. Required landscaping includes groundcover in all islands, within the fuel sales area, the main parking lot and the building foundation. 3. Total canopy signage shall not exceed 50 square feet (two signs total). 4. No outside vending machines, utility trailer rentals or outside storage or display will be allowed. 5. Signs for the fuel sales shall be limited to traffic control signs, the canopy signage noted above in Condition #3 and the freestanding sign as shown on the submitted sign elevation by I.D. Associates for BJ's Wholesale, dated May 19, 2015. 6. The electronic display of fuel prices must meet all requirements of Section 217 of the City Zoning Ordinance. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action ,;;,;rte. ommends approval. Planning Commission recommends approval. r Submitting Department/Agency: Planning Department City Manager. LYNNHAVEN DISTRICT—3712VtrgN.S..d•Soulavard BJ's Wholesale Club 7 R•7.5' s 1175 a A-24 Lamm Lane October 14, 2015 Public Hearing s-2 • APPLICANT: B-2 SITE BJ'S WHOLESALE 24 fi 1-2 * CLUB 1-2 PROPOSED i-2 PROPERTY OWNER: ELECT" �2 BIRCHWO0D DISPLAY SIGN 'A' Vitilaia Beach B io a MALL S-2 ASSOCIATES Conditional Use Permit(Electronk Display Sign associated with a Service Station) STAFF PLANNER: Karen Lasley REQUEST: Modification of a Conditional Use Permit(Automobile Service Station)approved by City Council on June 26, 2001. ADDRESS/DESCRIPTION: 3712 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14874488690000 LYNNHAVEN 10.02 acre Less than 65 dB DNL • 0 BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit was approved to allow six fuel dispensers with a canopy and a small kiosk at this BJ's Wholesale Club on June 26, 2001. This is a request to modify condition#4 attached to the 2001 approval. Condition#4 limits fuel sales signage to traffic control signs and canopy signage. The applicant desires to advertise the fuel prices by electronic display on the BJ's Wholesale Club freestanding sign, which fronts on Virginia Beach Boulevard. Details Section 217 of the City Zoning Ordinance allows for the electronic display of motor vehicle fuel prices subject to certain criteria. A copy of Section 217 is attached to this report. One requirement is that any sign with electronic display of fuel prices must be monument style with a maximum height of eight feet. The existing freestanding sign is 12 feet high and the applicant proposes to lower the sign to a height of eight feet in order to comply with this requirement. The sign is located at the BJ's Wholesale Club BJ'S WHOLESALE CLUB Agenda Item 7 Page 1 I i entrance on Virginia Beach Boulevard and the location will not change. As proposed, the sign will have one, 5.25 square foot panel capable of displaying fuel prices electronically, thereby meeting the requirements of Section 217(3). 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: BJ's Wholesale Club with a tire installation facility and fuel sales. SURROUNDING LAND North: • Lampl Avenue USE AND ZONING: • Single-family dwellings/ R-7.5 Residential District South: • Virginia Beach Boulevard • Commercial use/ B-2 Community Business District East: • Apartment complex/A-24 Apartment District West: • Commercial shopping center/B-2 Community Business District NATURAL RESOURCE AND The site is developed for commercial use and there are no known CULTURAL FEATURES: natural or cultural features on the site. COMPREHENSIVE PLAN: The Rosemont SGA Master Plan was adopted by reference in the Comprehensive Plan on September 13, 2011. The subject site is located in Development Initiative#1, Birchwood Shopping Center Redevelopment. The Plan calls for incremental changes to the property that will eventually, "as the value justifies," redevelop into a mix of uses including neighborhood serving retail and housing (p. 46). • CITY SERVICES This request has no impact on City services. • • EVALUATION AND RECOMMENDATION The proposed change to allow for the electronic display of fuel prices on the existing freestanding sign is acceptable subject to the conditions recommended below. The sign must comply with Section 217 of the City Zoning Ordinance which governs the appearance, size, pixel pitch and level of illumination of the electronic display sign. Fuel prices cannot be changed more than twice per day and are not permitted to scroll, flash or blink. Section 217 ensures that the electronic display will not be overly intrusive. It is also noted that the applicant is requesting only one fuel price panel, rather than the maximum of three permitted and that the electronic display area will be only 5.25 square feet, rather than the maximum of BJ'S WHOLESALE CLUB Agenda Item 7 Page 2 ii 12 square feet permitted. Reducing the height to eight feet will also help minimize the impact of the freestanding sign. The proposed sign is in keeping with other fuel sales signs in the vicinity and is acceptable. Staff recommends approval of this requested modification, as conditioned below. • • CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on June 26, 2001, are deleted and replaced with the conditions listed below. 2. Any missing or dead landscaping required with the 2001 City Council approval must be replaced prior to issuance of a sign permit for the new sign. Required landscaping includes groundcover in all islands, within the fuel sales area, the main parking lot and the building foundation. 3. Total canopy signage shall not exceed 50 square feet(two signs total). 4. No outside vending machines, utility trailer rentals or outside storage or display will be allowed. 5. Signs for the fuel sales shall be limited to traffic control signs, the canopy signage noted above in Condition #3 and the freestanding sign as shown on the submitted sign elevation by I.D. Associates for BJ's Wholesale, dated May 19, 2015. 6. The electronic display of fuel prices must meet all requirements of Section 217 of the City Zoning Ordinance. 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. BJ'S WHOLESALE CiIJI3 ,. Agenda Item 7 Page 3 Conditions of the June 26, 2001 Conditional Use Permit for Fuel Sales: 1. All landscaping, to include groundcover in all islands, within the fuel sales area, the main parking lot and the building foundation must be installed prior to a certificate of occupancy being granted for the fuel sales area. 2. Total canopy signage shall not exceed 50 square feet(two signs total). 3. No outside vending machines, utility trailer rentals or outside storage or display will be allowed. 4. Signs for the site shall be limited to traffic control signs and canopy signage noted above in Condition#2. [REQUESTED FOR MODIFICATION] 5. The floor of the Motor Vehicle Repair facility should be washed down daily or weekly into a drop inlet leading to an oil-water separator before entering the City's sanitary sewer system. Effluent from the oil-water separator must not be channeled into the City's storm drainage system because of its unknown chemical content. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT BJ'S WHOLESALE G UB j Agenda Item 7 Page 4 Sec. 217. - Electronic displays of motor vehicle fuel prices. Motor vehicle fuel prices may be displayed on an electronic display sign, subject to the following requirements: (a) The electronic display portion of any such sign shall be limited to showing the price per gallon, expressed numerically, of the motor vehicle fuels offered for sale on the premises. No electronic display panel shall be illuminated except as permitted by this subsection. (b) Such signs shall be allowed only pursuant to a conditional use permit authorizing an automobile service station at which motor vehicle fuels are offered for sale or at establishments for which a conditional use permit allowing such fuel sales has previously been granted and remains in effect. (c) Such signs shall conform to the following requirements: (1) No more than one such sign shall be permitted on any zoning lot; (2) Such signs shall be monument-style, as defined in section 210.2, and no such sign, including the base, shall exceed a height of eight(8)feet; (3) No such sign shall have more than three separate panels capable of displaying information electronically, and each such panel shall be limited to the display of a single grade of fuel. The total area of the portion of that sign that is capable of electronic displays shall not exceed twelve(12)square feet in area; (4) The pixel pitch of the electronic display portion of such signs shall be nineteen (19) millimeters or smaller; (5) Fuel prices shall not be changed more often than two(2)times in any twenty-four(24) hour period, and scrolling, flashing, blinking or any other type of intermittent movement or illumination of elements of the electronic display shall be prohibited. Change sequences shall be accomplished by means of instantaneous re-pixelization; (6) Electronic displays shall consist of no more than two(2)colors; (7) Audio speakers on, or electronically connected to, such signs shall not be permitted; (8) Such signs shall not exceed a maximum illumination of five thousand (5,000)candelas per square meter from sunrise to sunset or five hundred (500)candelas per square meter between sunset and sunrise, as measured from the sign face at maximum brightness, and shall be equipped with a working dimmer control device capable of automatically reducing the illumination to the required sunset-to-sunrise level. Prior to the issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the maximum intensity level; and (9) The electrical service lines providing power to such signs shall be underground. BJ'S WHOLESALE CLUB Agenda Item 7 Page 5 ,_ r ._. °y Yfji' t sego 4 - t g --�, - -:- Attoiatioli } it t... r1i ..; r .r; . t - i,.. o r tf t( R�l ,. , i ;? 'lir i 4'. — • �,s7 'vk+ t ' i . .a ' V . - d f. trttir n fnrft/v r in• 0 W 7 CC WO _6/ �_ e a v ,, ',n ' t._!{ ' �� f m^ It� e '' a. s a t CsTmss: s4' 1 41114 I.a i ` n V 2 . .M4 -1.qf 'T4. ±i I'K* Y w G _ Tl w • Rh 'E.4t FT . - A s '.• �i �i 4tTItfETt6?3tEf tE1t!' sf AERIAL OF SITE LOCATION BJ'S WHOLESALE CLUB Agenda Item 7 Page 6 �p Z o --- i3e i3,0 Gictu vNRG�N S L. ' t lZ ' ` N LI. r J • W '`" -y::...11‘'.. co3-' '. U - ''''41:441 s 1[4 I. t .471:11:":1 — r i ,iq11 W,:' a f 1 1 'n O ,„, . c!, . i —_,li '''- ' -'1: t'-'0 ilt •1 ri_ a•s ^0-1 N; ; Z — f----:-":7_ : , '''' :''''"4. '*..1., '. .,. i .. AERIAL OF SIGN LOCATION VIEW LOOKING EAST BJ'S WHOLESALE CLUB Agenda Item 7 Page 7 4 P _-'.._ � `, ell ra 71.0.A ME 91 t• coW Cr LL 6 VD U r " W >I o c,L4, V 1ICO =JNy< 1--LL _g lis LirA ��O W V) c G X y S )cp Ix al ,�.. C.3> G LL ^ 0 J W \ - D F 0 X c. Mri W LL J �� 2 n J C cD E M LL L U r =H 4 Z se W Q ` � Ux�U.O+o ^>4 2W `^ J M gy ,v '-?�N x W LL m N -o> ,^•>y to z 0 o +r gi 14-.11116-.1_."' r� °411 01-4/C: ;yQ k03 y . t'. _•_ -I '-184, Q I V O - w'1 N u z: gill et ; - '-: t 11 ] 2 2 IS ' Ea ZR ; 3 - I N! om w 9'.4 OZl Ngm 14 fK LLI > > a < 0 _Am . g w - co - Q "'z w- Ix y t �V > o 1 a g SQ � z� 123 s • I � v ^ �a E 71 ?m .o-s =• �d� PROPOSED SIGN BJ'S WHOLESALE CLUB Agenda Item 7 Page 8 11 L`(NNHAVEN DISTRICT- 3712 Virginia Beach Boulevard BJ'S Wholesale Club NI R-7.5 s 11-r.5 s I . A-24 Lamp! Lane (,,A( 9L B-2L..„. 2 • ,s,...„. 2,-• :-_ ., SITE A-24 B-2 3B-2 PROPOSED ---7 I - ELECTRONIC B-2 DISPLAY SIGN •- ----- .......1------__ = To 1 o fie, inimmilimVirginia Beach Blvd11711.11.1734---- - 17:7-_-_, pB-2o. BONNEY RD -- BONNEY RD H _ .' -. __ BONRD _..a(v+ury on T Conditional Use Permit(Electronic Display Sign associated with a Service Station) APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 01/15/2001 CUP (fuel sales) Approved 1 11/06/1995 CUP (automobile service station) Approved 2 06/12/2007 CUP(motor vehicle rental) Approved 3 08/15/2001 CUP (motor vehicle rental) Approved ZONING HISTORY BJ'S WHOLESALE CLUB Agenda Item 7 Page 9 6 'B netrue R4>a1 ii 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: 1 Acquisition of Property ' Disposition of City Modification of —j by City i Property Conditions or Proffers i 1 Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exce•lion for (EDIP) Changes Board of Zoning 1 Encroachment Request Rezoning A•.eats Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board 1 Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosure, contained in this form arc necessary to infoiin public official< who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE I ] 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 i r(1R CITY USE OKI((,.^I<,•rlo' ' M t..I t>r urderd twu J;t car,rrtr.C9 any Page I of 4 t t'laro t y u0n.055ian a:I4 Cay C='urlol otiettavu that p Ia r .a_' ,I I my ttis'r 0Al AI'I't0.ANT NOTIFIED or MARINE, ClDM1 1/ f �z/ Ni;CHF Ni.rti a�.Of ___ _'_ --- U< t` /3O/ ' 4' A VV R VIS t h:4UEplttrEr? OA"t f DISCLOSURE STATEMENT BJ'S WHOLESALE CLUB Agenda Item 7 Page 10 2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT*F37000003725 Mar 27,2013 Entity Hams:518 WHOLESALE CLUB.M1C. Secretary of Stats CC9707177619 Current Principal Place of Business: 23 RESEARCH DRIVE WESTBOROUGH,MA 01381 Currant MaUlne Aarsss: 25 RESEARCH DRNE WESTBOROUGH, MA 01581 FE Number:043366747 Cer111kcats of BMus Desired: No Homes and Address of Currant Reentered Agent: CT CORPORATION SYSTEM 1200 SO PPIE ISLAND RD PLANTATION FL 93721 US no Ana.»/am"aray&a *.INa Jrewmnt for Aft impose oh:W N 0 rserwrse eake 4911044 aged or both.it IAB Nib N FMN.. SIGNATURE meow*SgMus d RsgMesO now oats OfNoerfDrector Detail: TPM PD Dli, T Akins BEN,LAURA J Nems SIRES,LISA N Address 25 RESEARCH OWVE Address 25 RE5OARO1 DRIVE py+.Bede,Zp: WESTSCROUGH MA 01551 LAyBka►dlp: 1VE5TBOROLUGH MA 01581 nes EYP Tide 5 Nems EDDY,ROBERT W New POVICH,LON F Address 25 RESEARCH DRIVE Address 25 RESEARCH DRIVE CIyr.Spis.2lp: WESTSDROIKYG MA 01881 CltASIelralp WESTBOROUGH MA 01581 Tae VP 745 AS None BUORUE.KIIISTYN Name FELA8/Ar1,ARLENE C Address 25 F5=SEARCH DRIVE Add Nes 25 RESEARCH serve Cly-SleisZo. WESTBOROUGH MA 01581 Cey-SON Zip ROUE MA 01581 rrry eroyN re.Sikh er..9Nllrawse Tbm y► bern4M :swa zeAO,wl'Mrdbhre�e1w/MeMwSI roe reb•llMw/saes gods" e'rM+i.l IetrfrerrrOdarMllYMooee�ms Y waliv M�ala/asMryMMbwM1 tlltrOaaYraMra�N�AAerear.74w/AAt1V'wtlMMr✓rr'/rad Mark wee w~Went WMwodor Flo oalp�w.N. SIGNATURE:ROBERT W.EDDY EVP 03/2712013 Electrode SNpssese at MON Maar fOincl r Daus Dole DISCLOSURE STATEMENT BJ'S WHOLESALE CIjUB., Agenda Item 7 Page 14 .1\1/3 Virginia Beach other unincorporated organization,AND THEN,complete the following. (A) t ist the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary; see attached (B) List the businesses that have a parent subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) none See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if,Qr py(r owner is different from Aptrikant. ECheck here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,of other unincorporated organization, Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,of 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) Same as application•list attached (B) List the businesses that have a parent subsidiary or affiliated business entity z relationship with the Property Owner: (Attach list if necessary) the disclosures contained in this form are necessary to inform public Page 2 of 4 offiriais who may vnte on the application as to whether they have a conflict cif Interest tinder Virginia law DISCLOSURE STATEMENT BJ'S WHOLESALE CLUB Agenda Item 7 Page 11 Virginia Heath none I 'Parent-subsidiary relatkinship'. mean'a reiattonship 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 6 2.2-3101 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when II)one business entity has a controlling ownership Interest in the other business entity,(til a controlling owner in one entity Is also a controlling owner in the other entity,or (lilt 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 otherw,se share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' See Stare and Local Government Conflict of Interests Act, Va Code 4 2 23101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ;ublect of the anolication nr am business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: [YES] NO I_ SERVICE 1 PROVIDER(use additional sheets d needed) I I " Accounting and/or preparer of ' J your tas return F-1 in Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than VIthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed r ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors n ® } ;Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law DISCLOSURE STATEMENT BJ'S WHOLESALE CLUB Agenda Item 7 Page 12 lkii3 Virginia Beach Financing(include current 0 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) L�J l legal Services Real Estate Brokers/Agents for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development i Uj 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 • • weeks prior to the Planning Commission, Council, VBOA meeting, or meeting • a public/body 9r c•, mittee in connection with this Application. /7./) r_ ; S Mll^ A E ♦_ ..IN , E ATE, IL leyd 119111c /.................4.7 AO 1t`WAAGATE A t The disclosures contained In this form are necessary to inform pubik 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 BJ'S WHOLESALE CLUB Agenda Item 7 Page 13 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or rnr, CJTI' USE Or•j,y ; A4f rh t,:; �� ; tv . Page 1 of 4 E3 rt flrw ;l[ 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) • (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 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) S c E A iNckr\e - VACtCr (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. V3 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 g 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) lI 7 Accounting and/or preparer of your tax return Li l Architect/ Landscape Architect / Land Planner C Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed V purchaser of the subject property (identify purchaser(s) and purchaser's service providers) EiConstruction Contractors ErEngineers / 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. IJB Virginia Beach Financing (include current ❑ Et mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal 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 ❑ Er 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. •PLICANTS SIGNA - PRINT NAME DATE PRI,PERTY OWNER ,TURE I PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. List of owners of the property area as follows: 1. CH&B Birchwood, L.L.C. owns 50%of the property. CH&B Birchwood, L.L.C., is a single member Limited Liability Company. CH&B Asociates, L.L.P. is the single member partner in CH&B Birchwood, L.L.C. CH&B Associates, L.L.P. partner is Caplan Family Trust 1976, Joseph Lawrence Hecht, Trustee 2. Birchwood Mall Associates, L.L.P., a Limited Liability Partnership owns 50%of the property. Birchwood Mall Associates, L.L.P. partners are: ARCH Associates, L.L.P., James M. Caplan, Partner CGEL Associates, L.L.P., Lawrence E. Fleder 2012 Family lrrev. Trust partner, Allan G. Donn, Trustee JFA Properties, L.L.C., Karen G. Jaffe Non-Exempt M Trust Partner Karen G. Jaffe, Trustee Item#7 BJ's Wholesale Club Modification of Conditions 3712 Virginia Beach Boulevard District 5 Lynnhaven October 14, 2015 CONSENT An application of BJ's Wholesale Club for a Modification of a Conditional Use Permit(Automobile Service Station)approved by City Council on June 26, 2001, on property located at 3712 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 14874488690000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on June 26, 2001, are deleted and replaced with the conditions listed below. 2. Any missing or dead landscaping required with the 2001 City Council approval must be replaced prior to issuance of a sign permit for the new sign. Required landscaping includes groundcover in all islands, within the fuel sales area,the main parking lot and the building foundation. 3. Total canopy signage shall not exceed 50 square feet(two signs total). 4. No outside vending machines, utility trailer rentals or outside storage or display will be allowed. 5. Signs for the fuel sales shall be limited to traffic control signs, the canopy signage noted above in Condition#3 and the freestanding sign as shown on the submitted sign elevation by I.D. Associates for BJ's Wholesale, dated May 19, 2015. 6. The electronic display of fuel prices must meet all requirements of Section 217 of the City Zoning Ordinance. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item#7 BJ's Wholesale Club Page 2 THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 by consent. Rosalyn Holdefield appeared before the Commission on behalf of the applicant. .MIMIIIIIIMI, I illi I . _ , •..._ -.�'.- en�a H- li b piegie m .�, ,..z.,."" OC �l� o W .mars?3r J O CO _ j�j tJ' CO� imI O a CC m� / 47, G`� 1 � 4!. to IC ii . r i • 44 / 411► '-q--- 7'r-i--- m , , ,__, . ... .., , . , . . ftt _ ... „..,,v0.,, 4.0 , 4,4,- I e. Im• E °C V al„ L° a M Z V N ,. CO IT "C3 w L J N / - ' .. v) a2 / -------------_V ___ W I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT McNICHOLS [Applicant] REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND [Owner] Modification of Conditions of a Conditional Use Permit(Housing for Seniors) approved by City Council on February 22, 1994. 5345 Marian Lane (GPIN 1467554743) COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: December 1, 2015 ■ Background: Conditional Use Permits for a senior housing facility were approved by City Council on the subject site in 1985, 1986, 1987 and 1994. The applicant now desires to construct a small building addition to accommodate a chapel. The proposed chapel was not included in any of the previous approvals; and therefore this modification request is required. • Considerations: The chapel will be used solely by residents of the facility and their visitors. Services will be held several times per week. The conditions require that the exterior façade of the chapel will be constructed of similar materials and style to the existing building. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the city Council on February 9, 1994 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the submitted exhibit entitled, "MARIAN MANOR NEW CHAPEL," dated April 22, 2015 and prepared by Collins & Kronstadt O'Neil and Partners, LLP. Said exhibit was displayed to the Virginia Beach City Council and is on file with the Planning Department. 3. The exterior building materials and colors of the chapel addition shall match those of the existing building and shall be substantially in conformance with the submitted exhibit entitled, "MARIAN MANOR NEW CHAPEL," dated April 22, 2015 and prepared by Collins & Kronstadt Robert McNichols Page 2 of 2 O'Neil and Partners, LLP. Said exhibit was displayed to the Virginia Beach City Council and is on file with 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 Departmentaril:: City Manager. V- •c KEMPSVILLE DISTRICT—SUS MARIAN LAM ROBERT McNICHOIS 2 October 14, 2015 Public Hearing R-T.S R s g APPLICANT: az • 0-2R ROBERT SI• TEMCNICHOLS PROPERTY OWNER: C44. REVEREND �44 � ¢y` FRANCIS X. <65d8DM_AICUZ M LORENZO, BISHOP Modification of Conditions OF RICHMOND STAFF PLANNER: Kevin Kemp REQUEST: Modification of Conditions of a Conditional Use Permit(Home for Seniors and Disabled Persons) approved by the City Council on February 9, 1994. ADDRESS/DESCRIPTION: 5345 Marian Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14675547430000 KEMPSVILLE 8.66 acres Less than 65 dB DNL • • BACKGROUND / DETAILS OF PROPOSAL Background The subject property has three previous Conditional Use Permits for Senior Housing in 1985, 1986 and 1987. City records indicate that the Marian Manor Retirement Community was constructed in 1990. In 1994, a Conditional Use Permit was approved by City Council for an activity center within the facility. The proposed chapel with was not included in any of the previous approvals and, therefore; this modification request is required. Details The applicant is proposing to construct a small building addition for a chapel. The proposed chapel will be used by the residents of the facility and their visitors. Services will be held several times per week. No ROBERT MCNICHOLS Agenda Item 2 Page 1 additional employees are proposed with this application. The exterior façade of the chapel will match the existing building in material and style. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Housing for seniors and disabled persons SURROUNDING LAND North: • Religious use/R-7.5 Residential District USE AND ZONING: South: • Interstate 264 • Undeveloped parcel/ 1-1 Industrial District East: • Surface parking lot/ 1-1 Industrial District West: • Undeveloped parcel /0-2 Office District NATURAL RESOURCE AND A majority of the site is developed with a multi-story building and CULTURAL FEATURES: associated parking area. The site is located within the Chesapeake Bay Watershed. There do not appear to be any significant cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall character of the area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 to 3-3) • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Cleveland Street, in the vicinity of this site, is a two-lane collector with a 60-foot right-of-way. The MTP calls for a four-lane major collector with an 80-foot ultimate right-of-way. This section of Cleveland Street will be affected by the CIP project number 2.401.000, specifically the relocation of the Cleveland Street and Clearfield Avenue intersection, the Greenwich Crossover Interstate 264, and the Cleveland Street improvements. ROBERT MCNIC1-. LS,. Agenda Item 2 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume No traffic Marian Lane data 9,900 ADT '(LOS 3"D") available Existing Land Use 2-330 ADT No traffic Clearfield Avenue data 9,900 ADT '(LOS 3"D") There is no change anticipated available with this request Cleveland Street 4,446 ADT ' 9,900 ADT '(LOS 3"D") 'Average Daily Trips 2 as defined by a continuing care retirements community with 117 units 3 LOS=Level of Service WATER: The site currently connects to City water. There is an eight-inch City water main along Clearfield Avenue. The existing three-inch meter(City ID#01290499)and the existing fire meter(City ID #95035138) may be used or upgraded to accommodate the proposed development. SEWER: This site currently connects to City sewer. There is an existing eight-inch City sanitary sewer gravity main along Marian Lane, a 12-inch City sanitary sewer gravity main along Clearfield Avenue, and an eight-inch City sanitary sewer force main along Clearfield Avenue. Sewer and pump station analysis for Pump Station#356 may be required to determine if future flows can be accommodated. 4 • EVALUATION AND RECOMMENDATION This request to modify the Conditional Use Permit approved in 1994 to add a chapel is consistent with the Comprehensive Plan's land use policies for the Suburban Area. The proposed chapel addition will match the existing building in both material and style, and is compatible with the character of the area. The chapel will accommodate only the residents and visitors of the Marian Manor Retirement Community and, therefore; is not expected to have any significant impacts to City services or to the adjacent properties. Based on the considerations above, Staff recommends approval of this request as conditioned below. 4 • CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on February 9, 1994 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the submitted exhibit entitled, 4i; ROBERTMCNICH L$ ,.Agenda It-en 2 Pae 3 11 . "MARIAN MANOR NEW CHAPEL," dated April 22, 2015 and prepared by Collins & Kronstadt O'Neil and Partners, LLP. Said exhibit was displayed to the Virginia Beach City Council and is on file with the Planning Department. 3. The exterior building materials and colors of the chapel addition shall match those of the existing building and shall be substantially in conformance with the submitted exhibit entitled "MARIAN MANOR NEW CHAPEL," dated April 22, 2015 and prepared by Collins & Kronstadt O'Neil and Partners, LLP. Said exhibit was displayed to the Virginia Beach City Council and is on file with the Planning Department. 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. ROBERT MCNICHLS Agenda Item 2 Page 4 1 i 1 I Conditions of Conditional Use Permit approved on February 9, 1994: 1. Interior lot lines will be vacated to ensure that the proposed activity center and adult home are located on the parcel. 2. A Stormwater Management Plan will be required during site plan review. 3. The applicant will work with staff during detailed site plan review to identify trees that can be preserved and to outline methods to protect these trees. ROBERT IsiCNICR LS,. �� Agenda It m 2 Page 5 I I I :.' 11:i --'..41"11111- ) -air11.71,1,..1;.i.‘.:,..1.--:' (• .. ::::,,v,:4,fl',,,Ce.'41.4::. Y ' ;1 . : • .. ,3nN3AVo l01313atl31 f tR f. Q " ii 4 m Z is 1 ,.......•. v, r 4 ` 4. ,.i. � ,..,. • 0, / IN , , CT M r f'i i - ( Z :r4 a r I t} p ! AERIAL OF SITE LOCATION .,-t ROBERT MCNICHOLS 1,',�"y 11 Agenda Item 2 I Page 6 �` 411111110111 T - - - - - - - I i 01111116111,01:0111V TOMO 1 44?1i Iii bii IN ACWASNOWI COMM= 1 1 i kif h ill t kil 10 r- --1 •; a 1 o 1 A44 I , , . ill ilik. _.... .„, i! a 0 1 III 1 , , 1 , , I I, — . • , , A . bs .. r . -- ---, z I 1 ; < I r III -.4z li1 ..... I ..-: • w 1 r ,,, 0 i Fr 0 4b — IT-, II ., I' ••,,, 's i rt • U- 1--1 > ,u j 1 Ir. ....j A4er. E o Iii I III 7-1 a 1 I I'' Lt—•Ci 5-4 Mul6...ox i 1 \ 1 1 • , 9 • : . 3 ., ' "" 7 ..0"-- — - –4E-- --I----—1 ..,.._,...,____. --.c--- - ., --li .t.,•. N'..f.M • . , i ''..!!! • ,... , ... . . , -• , -,,--,-, i — • ' OW -1 I. ' 0.."..\ .•:,,,1 L-.....,, - Ill ii 1..._ .. ,i .., i . , . . (< I 0 i..• N ''', . ''''.'iit *, \ ' iii " 1: i Z —1 \ 1......= > , . ...°4., st:. . Li - Q- Li _ ILIA ••••:: op. • w LIS_! UJ I I i 1 • 1- U) • t • i (.7) .1 !si, . „,... • L ,.. .....,...../ ' **1 If,'%... a L.. t. . Y I, F11I 4. 4. ......... PROPOSED SITE LAYOUT AND ELEVATIONS -.,. ROBERT MCNICHOLS Agenda Item 2 il Page 7 1 n W� 's o Sr3 . n .1%, E / .. s' • I:1 >- \ . . # § - 7 • ,../\;. ., .,..,,,h ,..„.„, ,„,,,, • 4t,',-4, _N, ' x .1 . 1 r.FE.79.39 - y q ASPHALT • ••'L• W bSX LP 0 . • .lam-=.�-_...LMOVEABLEv. x •• lRMIE '° _._ / /4 • A. JOWq/Z!1 L 190^sw e • ,7r� r�,`� u t9.4(1' ��t4°ta `� Li L_ m+fEP ABO20 0 (/ , • ;, vvc OUTLET ��s.411 ij��1. 3:.73.20 � P . a DCN✓• iL I n�v.tToo 3r/ v:. •R EE 2651 4 SEE 9ETc: ..5r • - g PrLLANS FOR BUILDING 4TECTIFIAL , .•• . • o iJE•U.� DIMENSIONS _ . \-,--''' ^-B FF I. . /Er ,, a1 L 6t' jj sr 0. SF lr 1 M3'J05 \—W7!O<COIEST UCSION ( I ` •CLEARS& - - - - - - 35E9S - - I i - - 1 . S 63Sl-*3'L 4.' ,1e S' sem^ ��QI •f) PROPOSED SITE LAYOUT WITH CHAPEL ADDITION ROBERT MCNICHOLS L " ' Agenda Item 2 Page 8 lIJ I i6 i hi ...-110.04 WU. .MSt 1\‘,'. .' IN imilLi HE -FRONT-ELEVATION EVATION 1 118"=1%0" K == 1) 1 1 ( 1 ' ` = _ I - - - 1 ----Fl --- 4'--' REAR ELEVA O 118"=1'-0" PROPOSED ELEVATIONS OF CHAPEL ADDITION .- , ROBERT MCNICHOLS {- Agenda Item 2 �'2, Page 9 zfa. r f -1f1;["?.? City of Virginia Beach.VA Public Works Capital Project Detail Sheet 2.401.000:Greenwich Rd Crossover 8 Cleveland St Improvements Description and Scope 11 :IP Cectcn. Roadways CP 3:3fu Apar:red AMtre Prc1eat Prc:ect Tim tiew F3clllti ConctrWtlonexpanslor Fret year r:IP 201042011 Bu:hes:.Ma Quality Pnycloal Envlrarrnent Z7,C-Dto S• Pernpcvllle '.?CT P:64-133-1C:p7,ect A I res 9r Geer*CV P.cac rC 000rect 0 b Ce,e aria Cbee: by a trace SE9::Jre aye, 1.'54. Hcor.er 'v'3CT reacateh Geer'wcn c331 en]: at me C e'.eland Z?eetCJearel9 .wen1.e r0.`fie^Cn Tr15 [-by 0roect Al accpre tre neceiiarj ro-4.0-AaJ Yo e3.emeno. Y., the %?CT: 3ee•i4100 Raab c•c::o'.er Y4 the de:¢ ara :erwruran lar We !tree p•4e: co re Ce.elrny :Leet Imarc,emen3 1R•^ 4 S.erfrea Avehue r e:an tC Me Wn:-134c5 PC30 P11ertleCtcr The 11:1 DIMS TIC Jae: n:ta 112 a bol :J're^. in 74 11::719 bath ran.* aria cdr arur-n9 the hwr, e9 r the :epned AVMDe.C4eeard Street nterecto,' ---e :econt p'ase P13'.e5 Tecca11ng the erTin9 Ceb0124 A.'erx'Ce.e and °.Ttet nter:534.1 Tre rat Chaze WI '•crCYe C ever.: C.-beet `cm C eared A.er4e rlerecbvl to the Wtt:-13x5 Rawl ntersectc, Points of Contact , FroeC lia1a9er: PtLllo Worec•Norbert R KWh:P . =T'-3e 5.4131 1ea31'er:-:3.133C: ...O.:Y.cr,:-El 1.ere Jr -3E?-.I 3, Schedule of Activities 111111 Project Activity Approaeo Buogel Current EElrnatea Start End Cost Stet End Coat 2330 De:sr 07/012010 14302015 ICO.233 C7 21.22010 061362021 11304.0S5 3330 Ste At7u11101 07. 1201D 03311201$ 1 SSC 133 07,0/12010 06362031 4.700000 413C P'1.415 Jr Tj 4014:-1-1: 07/012014 12131201$ 4668 533 07/312013 06302030 1145361 5330 Ccr:tn.Cor 01,011.615 10352016 1.748 324 01:63014 071312023 7,103A% 6330 S-leet LOSS 07,01/2010 1631.2016 3470 333 04.411/2015 160212023 530.000 '370 LaM 03019 03,012015 06362023 315.795 3330 Conbngenre'. 07.912010 10112016 440,152 0791.2010 06302C04 I$SS 7 OOtlrri PSOJant Start End I Cost- 67012010 1631I2N/ 11,1711,11011 07 010016 WIZ 0024 11}11.780 Current Status and Progress II L '.4'5' I Cr Pa:t 1trs ccr:bJ:t:.n :C- etet erten Vr are Da•5rp - ,Cr mar/nA.g5 ani YOicarin7. Cr r-a:e '•B are =haze 0 ne „^ .r.• 3e:gr it nom rrne-, 33'4 cc.-'Feted aria :115 ac3ulea' 1 is _J•y Let03' US ai Cr Prime 3, cuT13! R:54 ng max:- sr0I same-IMi 4#'j* + TV ae:g eenl:e'. HCwe.er. :he 'Cl.rert E::max:-reltec: the:Yee ri �. m / Dhar o' We artier. ire 'AD:re.ea 9Jbge:' orf •Jrdeo Phax 13 v art, AVE '4'4.4C, •A'.. '3riA 1G� L' h , Attachments ` dk . OM eNwC.,•. Y T Related Projects urrraN 0.ve J.. 2.321.3CC.05117440.Rea-P'ax 91' .��S, _41_.]00.C eve aro 0:013'1 a.Ave Inter:tier'Tcrcvenlenla we ei C 5 6}'.300':•in:'13x1.P.c-=•4:e 2-e rer lmcn.e-era "MI/ F , PPO - Ari 41.kilr 4iti 7/jig 40 .. lit.-it `v 01,„„ i r .nest Pl3nn rtl a'13'rrac11ng 3j'0em.PP A-3i Paot'.Cr. - 3030 CIP 2.401.000: Greenwich Road Crossover & Cleveland Street Improvements :,,,,,, ROBERT MCNICHOLS , Agenda Item 2 %' Page 10 SI, j KEMPSVILLE DISTRICT— 5345 MARIAN LANE ROBERT McNICHOLS f , L--,1 w R-7.5 c lir o eQ.a 2 4 z-L, , ::,.. ,.. _.m . . .. ,.„, ,,, C.) a itrizottml SITE • 5 .... . ______ -1 .,. -.........._________ -ter asrr; Srote eel • ?64 _� <65 dB DNL AICUZ I_1 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 07/03/2012 STC Approved 2 06/24/2008 MOD (storage facility added to church) Approved 02/22/1994 CUP(religious use-church addition) Approved 08/11/1992 CUP (religious use-church) Approved 11/10/1986 CUP (religious use-church) Approved 3 01/11/2005 CRZ (R-7.5 to Conditional B-2) Approved 4 10/29/2002 CUP (private school) Approved 5 02/09/1994 CUP(housing for seniors and disabled persons) Approved 06/15/1987 CUP (housing for seniors and disabled persons) Approved 10/13/1986 CUP (housing for seniors and disabled persons) Approved 04/15/1985 CUP (housing for seniors and disabled persons) Approved ZONING HISTORY ROBERT MCNICHOLS ;'<i'/„, Agenda Item 2 Page 11 NI/B 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 e • 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 4 SECTION 1 /APPLICANT DISCLOSURE 7 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must Ise updated two(2)weeks prior to any Page 1 of 4 Planning Commission and Cay Council meeting that pertains to the applicationis). APPLICANT NOTIFIED OF HEARING DATE iiR NO CHANGES AS OF DATE. 10/05/2015-KK I i(/i g/l pc REVISIONS SUBMITTED DATE r DISCLOSURE STATEMENT ROBERT MCNICHOLS Agenda Item 2 Page 12 a { llyd 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) See attached (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached • 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) See attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z 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 tea(- ROBERTMCNIC1- 1. Agenda It$n 2 Page 13 r a - tNyM Virginia Beach See Attached "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 M ❑ Architect/Landscape Architect/ Collins,Kronstadt,O'Neill&Partners Land Planner Architects,LLP Contract Purchaser(if other than 151 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n ❑X Construction Contractors As Yet Unknown Engineers/Surveyors John E.Sirine&Associates The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STAJINT,A i ROBERT' ICN1C4L$ Agenda Itn 2 Page 14 rlic Imo_ Virginia Beach Financing(include current K ❑ mortgage holders and lenders See attached selected or being considered to provide financing for acquisition or construction of the property) EIN Legal Services a 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 ❑ isj 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 her two weeks prior to the Planning Commission, Council, VBDA meeting, or Am in�of y public body o committee inconnection with this Application. f'-N(-Zn NLS 0« do is k1A-C APPOCANT'S SIGNATURE PRINT NAME DATE 1 t-C.1140Auwd, lu4id.iAtr 74i mas Mc./Fndr/us -712411S- PROPERTY OWNER'S SIGNATURE PRINT NAME ATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT-tat- ( 1v �, ROBERMCN'ICI- LS. ;'-, Agenda Item 2 Page, 15 RIAN MANOR BOARD OF DIRECTORS The Most Reverend Francis X.DILorenzo,Bishop of Richmond,Sole Owner and Chairman of the Board 7800 Carousel Lane,Richmond,VA 23294,804/359-5661 Next Election of Officers-2017 `Thomas McAndrews,Pres. 2016 Vice President 2014 5716 Bannock Road Virginia Beach,VA 23462 H: 757/497-1142 tkmca8@aol.com M.Susan Bucher,RN,Sec. 2018 5305 Balfor Drive "Kim Curtis,Treasurer 2018 Virginia Beach,VA 23464 2512 Shepherds Lane H: 757/420-0605 Virginia Beach,VA 23454 W: 757/497-8330 H: 757/496-6044 C: 757/373-5157 C: 757/287-4400 sue@stgregorysva.org kscurtisl@verizon.net kcurtis@tidewaterhomefunding.com Ann-Marie Cochran,RN 2016 3012 Cadence Way Mary D.Moran 2017 Virginia Beach,VA 23456 3288 Page Avenue,Apt.P2 757/471-8902 Virginia Beach,VA 23451 jabcochran@cox.net H: 757/481-1223 C: 757/802-0052 Father Mario Fulgenzi,OSB 2018 moeandbo@verizon.net St.Gregory the Great 5345 Virginia Beach Blvd. Andrew 1.Murphy 2017 Virginia Beach,VA 23462 600 Reasor Drive mfulgenzi@stgregorysva.org Virginia Beach,VA 23464-2424 W: 757/497-8330 H: 757/424-2613 Emergency only 490-5905 C: 757/635-9864 ajmpbm82@verizon.net Susan McAndrews,RN DNP 2017 4608 Dorchester Lane Management Agent,CSM,Inc. Virginia Beach,VA 23464 Robert and Mary Elyn McNichols H: 757/467-8783 3333 Peters Creek Road,Roanoke VA 24019 C: 757/739-1292 CSM Telephone Number 540/563-4565+ext. smcand9389@aol.com rmcnichols@cuisp.com Denise White,President,ext.431 Dr.Norma Oiler Magpoc 2016 dwhite@csmmanagement.com 4052 N.Witchduck Road David Rawlings,VP Operations,ext.448 Virginia Beach,VA 23455 drawlings@csmmanagement.com H: 757/464-9234 Denny Pregent,Reg.Director W: 757/464-0909 dpregent@csmmanagement.com Fax:757/464-1711 nommd@cox.net Diocesan Representative William B.Murphy 7800 Carousel Lane Richmond,VA 23294 July 2015;*Finance Committee 804/622-5141 bmurphy@richmonddiocese.org DISCLOSURE STATEMENT ro;,,IF. ft/ na ROBERT;MCNICI ' L$ Agenda Item 2 Page 16 Marian Manor Chapel Auditor Brown, Edwards&Co., L.L.P. 319 McClanahan Street, SW Roanoke,VA 24014 540/345-0936 Financing BB&T Corporate Banking 901 E. Byrd Street, Suite 600 Richmond,VA 804/787-1323 Architect Collins, Kronstadt,O'Neill&Partners Architects, LLP 1111 Spring Street, Suite 301 Silver Spring, MD 20910 301/587-8642 Surveyer/Civil Engineer Eugene D.Thayer, P.E. John E.Sirine and Associates, LTD. 4317 Bonney Road Virginia Beach,VA 23452 757/486-4910 Legal Service—unknown Construction Contractor—unknown Real Estate Broker- none DISCLOSURE STATEMENT.. ROBERTMLCNICIL$t; Agenda Item 2 Page 17 Item#2 Robert McNichols Modification of Conditions 5345 Marian Lane District 2 Kempsville October 14, 2015 CONSENT An application of Robert McNichols for a Modification of Conditions of a Conditional Use Permit(Home for Seniors and Disabled Persons) approved by the City Council on February 9, 1994 on property located at 5345 Marian Lane, District 2, Kempsville. GPIN: 14675547430000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on February 9, 1994 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the submitted exhibit entitled, "MARIAN MANOR NEW CHAPEL," dated April 22,2015 and prepared by Collins& Kronstadt O'Neil and Partners, LLP.Said exhibit was displayed to the Virginia Beach City Council and is on file with the Planning Department. 3. The exterior building materials and colors of the chapel addition shall match those of the existing building and shall be substantially in conformance with the submitted exhibit entitled "MARIAN MANOR NEW CHAPEL,"dated April 22, 2015 and prepared by Collins& Kronstadt O'Neil and Partners, LLP.Said exhibit was displayed to the Virginia Beach City Council and is on file with the Planning Department. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approved item 2. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE I I Item#2 Robert McNichols Page 2 By a vote of 11-0,the Commission approved item 2 by consent. The applicant Robert McNichols appeared before the Commission. ..., O U- -1 V z_ J CI o J , +r Q In v .� oreham Court c L. Sh Q Oo CL 1Z 0 re tO tp Cess Avenue13 CP .,� Cyp c o a) ...*''°^..''''' .>. -0 v Cypress Avenueal m S N cV a43 `Z y kj L Q U VIO11) I1 ,O 0 Fa Ei V 5' Q W 03 r- CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: PORPOISE, LLC [Applicant] LESLIE G. SHAW, JR. [Owner] Conditional Use Permit (Outdoor Recreational Facility). 1905 Cypress Avenue (GPINs 2417970299 & 2417971213). COUNCIL DISTRICT— BEACH. MEETING DATE: December 1, 2015 • Background: A Conditional Use Permit to allow the use of the site for an outdoor recreation facility, specifically for skate ramps, was approved in 1993. It has recently come to the attention of the applicant that the Conditional Use Permit has expired. A new Conditional Use Permit is required in order to continue to use the properties for an outdoor skate park. • Considerations: • The use of the skate ramps is free of charge and follows the same hours as the retail store across Cypress Avenue (Wave Riding Vehicles), also owned and operated by the applicant. • The ramps are locked with a chain when not in use. • The skaters have use of the retail store's restrooms and the water fountain. • Several trash receptacles are on-site and the retail store employees clean up the site nightly. • A skate camp for up to 15 students is offered throughout the summer months and during winter and spring breaks. The ramps are closed to the public during camp operation. • No live music or megaphones are used. Further details pertaining to the application, as well as staffs evaluation of the request, are provided in the attached staff report. A letter of support by the four surrounding property owners was submitted. There was no opposition to the request. • Recommendations: Porpoise, LLC Page 2 of 2 The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The skate ramps shall be located where depicted on the submitted exhibit entitled, "Porpoise Ramps," dated September 2015. 2. At all times, a minimum of 15 available overflow parking spaces shall be unencumbered and free from any skate ramps or skate obstacles for as long as the Conditional Use Permit for an Outdoor Recreation Facility is in effect. The existing plant material along the western and northern property lines, and the streetscape plantings along the rights-of-way shall remain. In the event that any of this plant material is damaged or dies, it shall be replaced in a timely manner. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme t City Manager BEACH DISTRICT-1905Cypress Aroma* Porpoise,LLC i 3 OR October 14, 2015 Public Hearing ORdi APPLICANT: OR PORPOISE, LLC 19`hst t 191NS1 yTMs PROPERTY OWNER: av LESLIE G. SHAW, OR cl OR JR. at <70-75 db DNR AICUZ Conditional Use Permit-Outdoor Recreation Focility STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit(Outdoor Recreation Facility) ADDRESS/DESCRIPTION: 1905 Cypress Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24179702990000 BEACH 19,801 square feet 70- 75 dB DNL 24179712130000 4 BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow the use of the site for an outdoor recreation facility, specifically for skate ramps. It has recently come to the attention of the applicant that the 1993 Conditional Use Permit has expired. A new Conditional Use Permit is required in order to continue to use the properties for an outdoor skate park. In 2000, a Conditional Use Permit was also approved on these properties for an off-site parking lot for the retail store to the east, across Cypress Avenue. According to the application, the use of the skate ramps is free of charge and follows the same hours as the retail store across Cypress Avenue(Wave Riding Vehicles), also owned and operated by the applicant. Typically, the retail store is open from 9:00 a.m. to 7:30 p.m. The ramps are locked with a chain when not in use. The skaters have use of the retail store's restrooms and the water fountain. Several trash receptacles are on-site and the retail store employees clean up the site nightly. A skate camp for up to 15 students is offered throughout the summer months and during winter and spring PORPOISE, LLC Agenda Item 3 Page 1 breaks. The ramps are closed to the public during camp operation. No live music or megaphones are used. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: parking lot SURROUNDING LAND North: • Office building/Oceanfront Resort District USE AND ZONING: South: • 19th Street • Mixed retail/Oceanfront Resort District East: • Cypress Avenue • Retail/Oceanfront Resort District West: • Paper street • Restaurant/Oceanfront Resort District NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed. There do not CULTURAL FEATURES: appear to be any natural or cultural features on the site as it is almost entirely paved with a parking lot. COMPREHENSIVE PLAN: This site is located in the Resort Strategic Growth Area (SGA)as designated in the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP), which was adopted December 2, 2008. This SGA is recognized as an area where revitalization efforts continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (Comprehensive Plan, p. 2-28). The subject site lies in the Central Beach District of the RASAP, one block east of the Virginia Beach Convention Center and the planned Arena. The RASAP encourages a continued focus on achieving a"Year-Round Resort." 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Cypress Avenue is a two-lane local collection street. There are currently no CIP projects scheduled for this segment of Cypress Avenue. PORPOISE,ALC Agenda ItOn 3 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 19th Street 4,070 ADT ' 14,800 ADT (LOS z"C") 22,800 ADT1 (LOS "D") There is no traffic data 6,200 ADT '(LOS 2"C") available for the proposed use. Cypress Avenue 4,275 ADT 19,900 ADT (LOS 2"E") 'Average Daily Trips 2 LOS=Level of Service WATER&SEWER: The request does not impact City water and sewer service. 4 • EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The applicant's Conditional Use Permit request for an outdoor recreation facility is consistent with the vision for the Central Beach District as a major activity center. The skate ramps were constructed over a portion of an off-site parking lot several years ago, creating an active use over unused surface parking. The applicant, a private business, is essentially providing a free outdoor recreation facility for local and visiting skateboarders. The site is well-buffered from existing adjacent buildings and is operated and maintained responsibly, as evidenced by the lack of complaints since its construction, and the letter of support signed by all adjacent property owners and attached to this report. This type of year-round outdoor recreation facility not only provides a needed recreational service for residents in this area, but also enlivens the street, offering pedestrians passing by an exciting activity to watch. The Board of Zoning Appeals granted a variance to the minimum parking requirement for the retail business across the street, also under the ownership of the applicant. The retail operation requires 57 parking spaces. There are 42 spaces on that site and 15 off-site parking spaces unencumbered by the skate ramps on the subject site. Based on this, the minimum parking requirement will still be met. PORPOISE,-°y LC Agenda It' 3 Page 3 4 • CONDITIONS 1. The skate ramps shall be located where depicted on the submitted exhibit entitled, "Porpoise Ramps," dated September 2015. 2. At all times, a minimum of 15 available overflow parking spaces shall be unencumbered and free from any skate ramps or skate obstacles for as long as the Conditional Use Permit for an Outdoor Recreation Facility is in effect. 3. The existing plant material along the western and northern property lines, and the streetscape plantings along the rights-of-way shall remain. In the event that any of this plant material is damaged or dies, it shall be replaced in a timely manner. 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. PORPOISE,yLC Agenda Item 3 Page 4 v, i1 i 4 �� ,� 1 �. N\t i- it.ck , 3 . rY� t .- Z .. . r t. . .., ,..... '''', ' '' 11C* Ili A , ,•.,, , _= ______ t • , . . . . ,... ..... .... ,.. ... ., • . , , • ..-0 , . tat _ Q - ' 0.1 SA " �I- lit' - • ov.. , r • a ........ ... p- a A ., V:„ figilil ' - w ti M, }3 t . . i x I' 7' t w tit y Q 40. AERIAL OF SITE LOCATION PORPOISE, LLC oi Agenda Item 3 Page 5 il,` - i - - .0) _ • - .rte.+ JVA) JfN3A.W SS3& 3 U -'- ' i.-.Z U a 3'ABP3 86.,3 „01, .c0 S. a47 x 3 „10,i£.L0 SCl, vk ---- 4\iti:1 1 1 \ I T I I IN t - ' ',' 1 1 i 1 i k _ -----21". 6 .i:Yr•S i , • `fl ,„. S33YaS r r 1. S "� h m \'`' .�1 emu � : I i ! I O wO _.r-r-A _t i.Me, QQ — 4 �9 �P^ a I�,e g/VVSix q z 21 ` y1 O J a 1'g ---- o - -\ .'J I w Q N %0.• ' ''s p , i !rj oNo z D m k \ ! cn i--a c' w ,?..cc- o Z `t 7p,4ti m y 1,5 - N 1/ 23„ 1 Z1 W :; v 'm / ZQO w aw \ .. vi a W NO 'n Ow O w J M> Zco W CVmo ( �N j Z LI 0 H Z `�OO EXISTING SITE LAYOUT PORPOISE, LLC Agenda Item 3 1 . Page 6 1 nl I 11/01 "1T-44.P P.A at-• -- July 16,2015 Wave Riding Vehicles has a skateboarding park open to the public in our parking lot adjacent to our 19th Street showroom. We are asking our neighbors to please sign this letter that is stating this park has not influenced or caused any problems during its operation.The grounds are kept clean and parking has not been an issue.WRV is providing a free place for people to skate and want to continue this service to all. Thank you, WRV Groes L-_!- 1� Ut.�G'1 Lr r �Gt i- '(tnr'ct Wareings Gym A U._ . /or� (1 re..,t Zoes �.1 Waller Todd and Sadler Archi -cts Dwit) 7 t Ee?- CORPORATE OFFICE: 1900 Cypress Avenue • Virginia Beach,VA 23451 • (757)422-0423 • Fax:(757)428-6328 • wrva@cavtel.net LETTER OF SUPPORT FROM SURROUNDING PROPERTY OWNERS PORPOISE, LLC at Agenda Item 3 Page 7 illi BEACH DISTRICT— 1905 Cypress Avenue Porpoise, LLC 1 4 i99 � OR OR S‘1 1 1t 19th Street �9SH sj s 19-tH 51 91 3 cin OR OR 3 N °n boo 699 <70-75 db ONL AICUZ co Conditional Use Permit—Outdoor Recreation Facility APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance DATE REQUEST ACTION 1 07/05/2000 CUP (off-site parking lot) Approved 02/09/1993 CUP (outdoor recreation facility) Approved 2 06/25/1990 STC Approved 3 04/13/1987 CUP (athletic club) Approved 4 02/09/1987 CUP (water sports shop) Approved ZONING HISTORY PORPOISE, LLC Agenda Item 3 Page 8 4 I caa 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. • a.. _ • SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I/VI Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 I1Dbo512015- / II/I S/I DISCLOSURE STATEMENT PORPOISE, LLC Agenda Item 3 Page 9 i I I arr Vitginia 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) Porpoise,LLC Leslie G Shaw,Jr-President (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) U.S.Fiberglass Products,Inc Wave Riding Vehicles 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. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members,trustees, partners,etc. below: (Attach list if necessary) (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 PORPOISE, LLC Agenda Item 3 Page 10 , . , ., _ ,,, 2B ..d Virginia Beach 1 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect 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 Z Architect/Landscape Architect/ Land Planner (' !� Contract Purchaser(if other than I 0 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 ® Construction Contractors ❑ ® Engineers/Surveyors The disclosures contained in this form are 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 PORPOISE, LLC Agenda Item 3 Page 11 U.+ Virginia Beach Financing(include current ❑ f 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) D © 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 ri 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, up¢n 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 publidbody or committee in connection with this Application. Leslie G Shaw,Jr 7 17/5 APPLIQNT' URE` PRINT NAME DATE Leslie G Shaw,Jr LPROPERTY N s SIGNA URE 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 PORPOISE, LLC Agenda Item 3 Page 12 Item#3 Porpoise, L.L.C. Conditional Use Permit 1905 Cypress Avenue District 6 Beach October 14, 2015 CONSENT An application of Porpoise, L.LC. for a Conditional Use Permit (Outdoor Recreation Facility) on property located at 1905 Cypress Avenue, District 6, Beach. GPIN: 24179702990000; 24179712130000. CONDITIONS 1. The skate ramps shall be located where depicted on the submitted exhibit entitled, "Porpoise Ramps," dated September 2015. 2. At all times, a minimum of 15 available overflow parking spaces shall be unencumbered and free from any skate ramps or skate obstacles for as long as the Conditional Use Permit for an Outdoor Recreation Facility is in effect. 3. The existing plant material along the western and northern property lines, and the streetscape plantings along the rights-of-way shall remain. In the event that any of this plant material is damaged or dies, it shall be replaced in a timely manner. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 3 by consent. The applicant Penny McLeod appeared before the Commission. • 2 ; A _ 7.-. --... -C \/ ,, IIlir wt. 64- 4 ci.) J tn 4-0 eit, _._ 4...) fiJ A 0ow 5 - 1-105* iaa - Cip) . A .- .._ 4 — o ...1 w , Ws i ' t • `-7,- E "0•,... A If cl) VI Iet, cl. M te CO t C41 z --„,,... .9.. is CsI s I ; z v 03 4 0 .4, L..) ; W F- 4 A. 4 4 1 ;1' ......„......„,..„,....... . ri 4' 6- -, 4414 0'Np p4 4 /1-- -4, ,-- -7 4 ---, 4.1e, a Si'°l.. ' er) i , V / g Of 4 4.. 13) 6.CI 7 ; . 4.1 . till t ....I .,.., In r. eI3 tr. le, w-, Cli ir CO C4 ., A ,A, I lit$ 0 LJ ! M Lin i A .... CO V .4 A erl °DHy ,71S ' �_ f ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BAYSIDE CONCRETE, INC. [Applicant] BRUCE H. GOULD [Owner] Conditional Use Permit (Bulk Storage Yard), 408 Davis Street (GPIN 1467485670) COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: December 1, 2015 • Background: In 1968, the City of Virginia Beach changed the zoning of a portion of Davis Street, including the subject parcel, from residential to commercial (B-2) zoning. Gradually over the past 47 years, sites have redeveloped with commercial and light industrial uses; however, a number of residences still remain. The subject property has been a single-family residence since 1959. A bulk storage yard for the contracting business located across Davis Street has been operating on the rear portion of the property for several years. The applicant was recently notified of the requirement to obtain a Conditional Use Permit to continue to use the property as a bulk storage yard. • Considerations: The front portion of the parcel containing the residential dwelling is not included in this application. The rear potion of the parcel containing the storage yard is entirely enclosed with a chain-link fence that will remain. The barbed-wire portion of the fence will be removed along the rear property line. A row of evergreen trees will be installed along the rear property line to provide screening from the adjacent apartment complex. Entry to the storage area is from a gravel driveway along the northern property line. The chain-link entry gate will be replaced with a gate constructed from solid fence materials. No other changes are proposed with this request. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval to the City Council with the following conditions: 1. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link fence located along the eastern property line, as sown on the site plan entitled, "SITE PLAN FOR BAYSIDE CONCRETE, 408 DAVIS STREET." The plant material shall be no less than six (6) feet in height at the time of planting. Species shall be approved prior to installation by the Development Service center Landscape Architect. Bayside Concrete, Inc. Page 2 of 2 2. All barbed wire fencing shall be removed from the fence along the eastern property line. 3. The chain-link entry gate located on the northeastern portion of the site shall be replaces with a gate constructed of solid fence materials. No barbed-wire shall be permitted on the gate. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining property. Any outdoor lighting fixture shall not be erected higher than fourteen (14)feet from the ground. 5. No outdoor loud speaker system shall be permitted. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Ar--------- Submitting Department/Agency: Planning Department City Manager. �V ' 58(1'41... BAYSIDE 108Davis Street Bayside Concrete,Inc 1 9 ,z. October 14, 2015 Public Hearing <65 dB DNL e-2 ' W APPLICANT: 15_2 BAYSIDE SITE �. ,� CONCRETE, INC. 16 � PROPERTY OWNER: �.a. 44401 BRUCE H. GOULD �z .4.442« Conditional Use Permit(Bulk Storage Yard) STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Bulk Storage Yard) ADDRESS/DESCRIPTION: 408 Davis Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14674856700000 KEMPSVILLE 0.938 acres Less than 65 dB DNL • 0 BACKGROUND / DETAILS OF PROPOSAL Background City records indicate that the existing residential home on the property was constructed in 1959.When the home was built, this portion of Davis Street was zoned for single-family residential use. On October 14, 1968, the City of Virginia Beach changed the zoning along this portion of Davis Street from residential to commercial (B-2)zoning. Gradually over the past 47 years, sites have redeveloped with commercial and light industrial uses, however; a number of nonconforming residences still exist. The subject property has been continuously used as a single-family dwelling since 1959. A bulk storage yard has been operating on the rear portion of the property for several years. The applicant was recently notified of the requirement to obtain a Conditional Use Permit in order to continue to store materials related to their contractor's business. Details The residential home on the front portion of the lot is not included in this request and will not be changed. Eventually the residential structure is expected to be removed when the property transitions to a commercial use. BAYSIDE CONCRETE, INC. Agenda Item 19 Page 1 Access to the bulk storage yard is via a gravel driveway along the northern edge of the property. There is an existing chain-link gate with fabric covering which will be replaced with a gate constructed using solid fencing material. The existing chain-link fence surrounding the storage yard is requested to remain. A deviation to the requirement for solid fencing surrounding a bulk storage yard is sought with this request. The barb-wire along the rear(eastern) property line will be removed. A row of evergreen trees will be installed along the inside edge of the fence in order to provide screening from the adjacent apartment complex. The surface of the storage yard is crushed gravel. There is an existing 732 square foot shed on the property that will remain. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling and bulk storage yard SURROUNDING LAND North: • Office warehouse use/ B-2 Community Business District USE AND ZONING: South: • Office warehouse use/ B-2 Community Business District East: • Multi-family dwellings/A-18 Apartment District West: • Davis Street • Commercial use/ B-2 Community Business District NATURAL RESOURCE AND A majority of the site is developed with a one-story structure and CULTURAL FEATURES: crushed gravel surface. The site is located within the Chesapeake Bay watershed. There do not appear to be any significant cultural or environmental 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 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). BAYSIDE CONCRETE,INC. Agenda Iteni 19 Page 2 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Davis is considered a two-lane undivided minor collector/local street. The MTP does not propose any improvements within the existing right-of-way. No roadway CIP projects are slated for this area. Virginia Beach Boulevard, in the vicinity of this site, is an eight-lane major urban arterial with a 140-foot right-of-way. The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155-feet. There are currently no CIP projects scheduled for Virginia Beach Boulevard in the vicinity of this site. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Davis Street 4,508 ADT ' 9,900 ADT '(LOS 3"D") Existing Land Use 2-30 ADT No change anticipated with this Virginia Beach 36,403 ADT 56,240 ADT '(LOS 3"D") request. Boulevard 'Average Daily Trips 2 as defined by one single-family dwelling with a large storage yard 3 LOS=Level of Service WATER: The site currently connects to City water. There is an existing six-inch City water main along Davis Street.The existing 5/8-inch meter(City ID#95031134) may be used or upgraded to accommodate the proposed development. SEWER: The site currently connects to City sewer. There is an existing ten-inch City sanitary sewer gravity main along Davis Street. Analysis of the receiving sewer system may be required to determine if future flows can be accommodated. 4 EVALUATION AND RECOMMENDATION Davis Street, in a large part due to the change of zoning to commercial in 1968, is a unique mix of commercial, light industrial, and residential uses. As the properties on this street transition from residential to non-residential uses, it is important for the development to enhance the built environment and to protect the quality of life of the residents. The proposed Conditional Use Permit for a bulk storage yard will legitimize a use that has existed on the property for many years and, provided additional measures are taken to improve the aesthetics, is consistent with the Comprehensive Plan's land use policies for the Suburban Area. BAYSIDE CONCRETE,INC. Agenda Item 19 Page 3 I I � Section 228 of the Zoning Ordinance requires that a bulk storage yard be entirely surrounded by a fence not less than six-feet in height, with evergreen landscape material. The applicant desires to retain a majority of the existing chain-link fence, and wishes to address the deficiency in the screening requirements through Section 221 (i)of the Zoning Ordinance, which allows City Council to deviate from the required landscaping if it is shown there will be no detrimental effects on the surrounding properties. The applicant has worked with Staff and has agreed to remove the barb-wire fencing and install a row of evergreen trees along the rear(eastern) property line. Additionally, the applicant will replace the entry gate with a gate constructed using solid fence materials. Staff concludes that allowing most of the fence to remain as it has for many years, including the improvements noted above, will not adversely impact the adjacent properties, both of which are commercial uses. Staff believes that the site improvements proposed with this request will be upgrades to Davis Street as it continues to transition from residential to commercial uses. This Conditional Use Permit will legitimize a use that has existed on the property for many years, and is compatible with the surrounding properties. Based on the considerations above, Staff recommends approval of this request with the conditions below. 4 0 CONDITIONS 1. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link fence located along the eastern property line, as shown on the site plan entitled, "SITE PLAN FOR BAYSIDE CONCRETE, 408 DAVIS STREET."The plant material shall be no less than six (6)feet in height at the time of planting. Species shall be approved prior to installation by the Development Service Center Landscape Architect. 2. All barbed wire fencing shall be removed from the fence along the eastern property line. 3. The chain-link entry gate located on the northeastern portion of the site shall be replaced with a gate constructed of solid fence materials. No barbed-wire shall be permitted on the gate. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining property. Any outdoor lighting fixture shall not be erected higher than fourteen (14)feet from the ground. 5. No outdoor loud speaker system shall be permitted. 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. ,kms BAYSIDE CONCRETE,._INC. Agenda Item 19 Page 4 i ' i r 11•"' 4 if '' • i- , •. ---- ' . 1r •6 • 6 ....„ i (.9 1 . , 0 ' • i /" , 1104 ''' Cl) Ne W • 4 r I '••••• ''• : •, ,_. 1, ,•;.,ii• - e / / *) - - C- NS ' ,i. Sz 41 . . lb., ., N 6 1 . .41, , i . . ... .. , .,.. ... 3 24 , , I , t . „/ • . a , :' 4''-'4‘ sI - ‘' ... AERIAL OF SITE LOCATION BAYSIDE CONCRETE, INC. Agenda Item 19 Page 5 1-II ---"--- A3AW*4avdooao�i - .,.. P� *a3 r:=i£ a s a I �Y+ y Mune000i,�..Z -- -1— j'� di $i y B c s r .,? : rYaoan raa vYYoun.% ane., M! ;e+it 11 lin \# y{i y 1 i oc YYi uoi so xoM a I t''\.•� ii " [7 zz ' - i V i ili: ..w I 1 'a'a i 2 3.? t. 1 , , i It. : _.__. e { I i.4�f• F: ___ ..f.: 1— . i tx \ i Hca ill : r‘p_ * Ito c''' ' •„ , O, i a � ;2� ,ia, 6 .!..ii c , 1 tr #$i 4 1 15 ` I• Fey •a�ps�Fil'� 2 @ -_I y ai•Y I - 3 VP `'s —t Ir lit: I \\\.5. i 1 I 1. I '\ 1 :#1, �! 5 a t ii l 0OP. , g t •i of 56 i t 1 0,, u l j i I _1, i 1 i i �- � (_ I .r a 6 jj a,"V.. 6 a 1 { ' .ham_. i! ii e e 1 ii' ; 4 `0 i� ,s ! as i 1 it e7133dt8 iq.µ`Fie 6} 8//I YO I�8 , 0 g ill ii xx i 83 ��p, .ii, � ,' $iloCir ; r a;1 x fvr;i 4141 a .. sF.;',E i {:3p {/ : ;14441 ;Pe {�t$ iigi s§ r Sr. x`s , 5 S76i.1.1,0 Egi{{x9 lei a yf 7'• p ,{` i-1y. , i ;-. 11?`•,;,b IV !. Ilii I i lii WI 5 i$ 2Kei 3 i 2 i °iiii gp-0g I Y 1 Ir(.al Ct i 1°1!4114' {:2g,4 f}S a6k 9iF {l all il yv} tili pi 3! 1y;II;1111 tI(�ixl:t�� Ygpt! I is '-t'TTTi-' -1--t--frj SITE SURVEY EXISTING CONDITIONS c-‘^f Gf�0. BAYSIDE CONCRETE, INC. 1 Agenda Item 19 "i Page 6 $ z,..II v OF oup NPT T _ .a.".....: ,til W W ' �� U F- ur ZN U CO to W °aH = W Q 1 ?d zrc z „I W 2 X i / t J W N a �� Qw YWo Z� . r O 2 2�* WQ Z Q I �� ;� z� i oW En ILe C� 2 W 2 �y C7 ..L. Z Q5m crW I 0W r = J W m U. UmJ >J Jo O 1 W () Q W J 1 Z 0, U. 2= = LLQu t- Y I IAw oN i WJ Q x o I am J ' W X i W ce n. ( uz o 3 �_ 1 0 N I W tnr U 2 UJ _ 1 0 W y 2 2 — W J< _ ILA, - I oce yI c,-x) w oo �/ J Y Z W J N 'l d' ' W m W I m IJ 1 I W .y...y.is-Ist•La.w•M I J, i 3 z .) 4 H_ ••,, W i K d Q 1 i W flp "F rz J J / H J W= X J CO W3 U � / Q /;,: !/ l 13381S SIAVO PROPOSED SITE LAYOUT BAYSIDE CONCRETE, INC. Agenda Item 19 Page 7 if,"• .t t 7. 411111311111 ". ilk 3 . ;i litk -m} .fix 1,1 T' n t.l^r- T fl K r` 1-q. .{ EXISTING SINGLE-FAMILY DWELLING •, 'G_ BAYSIDE CONCRETE, INC. ,► Agenda Item 19 616. Page 8 ./ Animmr BAYSIDE- 408 Davis Street Bayside Concrete, Inc. � sr. _ 5535 52 53733 2/ 410 419 �7 N. 5 737.7'• <-65 dB DNL 413 7 321.10+ 409 1 B-2 3,7.341 47. �0 321-14 8�� w / 416 403 y 468 / 42 m / % SITE 32..43, 1061d1 '1}.13 40617 4061b- A-18 430? 401-102 .5d1 4)4-1IX1 '12 3. <,I-1" SSf2 316 442.103 55168 402 102 /402. 6 .3. 551.: c. ._ 51013 5}177'1 i 1 !1 :, 5426.124 1 / B-2 4&171 546147 `-'�..._.. 45 5176107 L_ 546177 / B-2 ,to* X Qu:� Conditional Use Permit(Bulk Storage Yard) APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 08/04/2015 CUP (automobile repair establishment) Approved 2 01/24/2012 MOD (religious use) Approved 04/12/2011 CUP(religious use) Approved 3 02/26/2008 CUP (automobile service station) Approved 4 12/09/2003 NON Approved 5 03/27/2001 CUP (bulk storage yard) Approved 6 05/09/2000 CUP (religious use) Approved 7 08/27/1996 CUP(bulk storage use) Approved 04/26/1994 CUP (motor vehicle sales) Approved ZONING HISTORY BAYSIDE CONCRETE, INC. Agenda Item 19 ii Page 91,* ., 4, 1 rata,; 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 111 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 dstlmures must be al dated two ' -er s F or r)any Page 1 of 4 Planning Comm.<smm,and C•.tv Coon I meeuno tt ax polo' to nye al Or ,Is- APPLICANT NOTIFIED OF HEARING ',OF NO CHANCES AS OF DATE 10/05/2015- Ik i It/IS/1 S �C' REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT BAYSIDE CONCRETE, INC. Agenda Item 19 Page 10 1 1 AilsOW 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) Bayside Concrete,Inc.:Bryan Todd Butler,President&Sole Shareholder • (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Anwlicant. Q Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Bruce H.Gould,Trustee,beneficiary Mildred H.Olenik,widow (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 BAYSIDE CONCRETE, INC. Agenda Item 19 Page 11 1 I iii 3 air# 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 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 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) ❑ ICS Accounting and/or preparer of �I your tax return 0 ® Architect/Landscape Architect/ Land Planner �''"� Contract Purchaser(if other than ❑ I I the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ NI purchaser of the subject property NI (identify purchaser(s)and purchaser's service providers) L0 Construction Contractors I I IXI Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT BAYSIDE CONCRETE, INC. Agenda Item 19 Page 12 Virginia Beach Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E1Legal Services Sykes,Bourdon,Ahern&Levy,P.C. n n 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 C z 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. B.Todd Butler 7�a4��i1 APPLI T'$,SIGNATURE PRINT NAME DATE Bruce H.Gould,Trustee 7/P9',(86- PR RTY OWNER'S SIGNATURE PRINT NAME � DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT BAYSIDE CONCRETE, INC. Agenda Item 19 Page 13 1111Item#19 Bayside Concrete, Inc. Conditional Use Permit 408 Davis Street District 2 Kernpsville October 14, 2015 CONSENT An application of Bayside Concrete, Inc. for a Conditional Use Permit(Bulk Storage Yard) on property located at 408 Davis Street, District 2, Kempsville. GPIN: 14674856700000. CONDITIONS 1. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link fence located along the eastern property line, as shown on the site plan entitled, "SITE PLAN FOR BAYSIDE CONCRETE,408 DAVIS STREET."The plant material shall be no less than six(6)feet in height at the time of planting.Species shall be approved prior to installation by the Development Service Center Landscape Architect. 2. All barbed wire fencing shall be removed from the fence along the eastern property line. 3. The chain-link entry gate located on the northeastern portion of the site shall be replaced with a gate constructed of solid fence materials. No barbed-wire shall be permitted on the gate. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining property.Any outdoor lighting fixture shall not be erected higher than fourteen (14)feet from the ground. 5. No outdoor loud speaker system shall be permitted. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 19. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE Item #19 Bayside Concrete, Inc. Page 2 WEINER AYE By a vote of 11-0,the Commission approved item 19 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ni t qp - �• � a :_:w ,__ z Q —r MO .r :Cr"' � _' Q ati , c Ire• '• tri -11M i' cb ...... w - T c >v?p I O V S r•a ;'`. . EL, : , ...*,,, . ... delt Vr QnP 0) in { /. O is o1� • O 4_— V CI \„ 004., . , .• '.,. , , .-----. \ ..._ .,.mks, ...... - 13 � N I Ndl s IN dp N4;11: i ,tom r: ' ,:,./':t.... Itt:iii..-a ' , ' cf,- cn al Tr t.o � ii Qa• I it.M , t.'.' __ . y . i_ . .14:00S0--- ., Willill# ' J ~' Q W '''s***441/44.\\Ik N iit \'.4t \ 4 ' \ - -0/ Ce ro �Huy`j°i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHELA MARIE BOLLENBACHER [Applicant & Owner], Conditional Use Permit (Home Occupation — Family Home Day Care), 2492 Seven Kings Road (GPIN 24053011610000). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: December 1, 2015 • Background: The subject site is zoned R-10 Residential District and a Conditional Use Permit is required for certain home occupations. • Considerations: The applicant is going through the process of being approved by the Department of Social Services and desires to provide childcare for a maximum of twelve children in her home. Children will play in the fenced in rear yard and all parking can be accommodated on the site. Further details, 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 placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Children shall be dropped-off and picked-up on the subject site. To avoid vehicular congestion, pick-up and drop-off times for the children shall be staggered. 2. The hours of operation shall be Monday through Friday, from 7:00 am to 6:00 pm. 3. No more than twelve children may be cared for at one time. 4. The rear yard shall remain fenced. Play equipment shall be located in the fenced rear yard only. Shela Marie Bollenbacher Page 2of2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. rit Submitting Department/Agency: Planning Departm'eiry- City Manager. �' - ROSE HALL DISTRICT-24 2 300 Mop Rood Shela Marie Bollenbacher 6 0. ,... ,p-or ,. , October 14, 2015 Public Hearing • APPLICANT AND H0 TN1 PROPERTY OWNER: SHELA MARIE pF hRs. • BOLLENBACHER t .13l l dun Conditional Use Permit(Home Occupation,Day-Cam) STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Home Occupation, Family Home Day Care) ADDRESS/DESCRIPTION: 2492 Seven Kings Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24053011610000 ROSE HALL 7,378 square feet 70-75 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Request The applicant would like to provide child care services for up to twelve children from her single-family home located on a lot zoned R-10 Residential District. Within this Zoning District, the City Zoning Ordinance requires a Conditional Use Permit for a Home Occupation for the proposed use. Proposed Operation The applicant is requesting a Conditional Use Permit to allow up to twelve children to be cared for; however, it is not anticipated that twelve children will always be in her care. Two of the children that she will care for are her grandchildren; three of the children that she will care for reside in the Castleton neighborhood. Additionally, a number of the children will be cared for only two or three days each week. Beyond the applicant/property owner, an assistant may help when necessary. The hours of operation will be Monday through Friday, from 7:00 am to 6:00 pm; however, not all children will arrive or be picked-up at the same time. SHELA MARIE BOLLENBACHER Agenda Item 6 Page 1 Site The site has been developed with a two-story single-family dwelling and is located on a corner/cul-de-sac of the Castleton neighborhood. The rear yard is fenced and provides ample space for children to play. The driveway is capable of holding up to four parked vehicles at one time and on-street parking is also available. • 6 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: • Single family dwelling / R-10 Residential District USE AND ZONING: South: • Single family dwelling / R-10 Residential District East: • Tower Bridge Loop • Single family dwelling / R-10 Residential District West: • Seven Kings Road • Single family dwelling / R-10 Residential District NATURAL RESOURCE AND There do not appear to be any significant environmental or cultural CULTURAL FEATURES: 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. 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 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. SHELA MARIE BOLLENBAC ER Agenda Item 6 Page 2 4 e EVALUATION AND RECOMMENDATION Within the R-10 Residential Zoning District, to provide in-home child care for more than five children, a Conditional Use Permit for a Home Occupation (Family Day Care Home) is required to be approved by City Council. Staff finds the requested use to be appropriate for the subject site, compatible with the surrounding land uses, and consistent with the recommendations of the Comprehensive Plan. Staff recommends approval following the conditions below: 4 0 CONDITIONS 1. Children shall be dropped-off and picked-up on the subject site. To avoid vehicular congestion, pick-up and drop-off times for the children shall be staggered. 2. The hours of operation shall be Monday through Friday, from 7:00 am to 6:00 pm. 3. No more than twelve children may be cared for at one time. 4. The rear yard shall remain fenced. Play equipment shall be located in the fenced rear yard only. 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. c4 SHELA MARIE BOLLENBACHER Agenda Item 6 Page 3 lr . +oi ja kik ,. . e 1101°i'" ..41w, 'w iiii . / 4 slet'lli1/4: r; a o 441.''. r".•,# f �` k it \ `r AERIAL OF SITE LOCATION SHELA MARIE BOLLENBACHER Agenda Item 6 Page 4 ,,,,,,.,:,,:ii,5::,,,,:,._„_, „ .. .. • ti -_.____--..7. _ s _ . i -k – 'AB— - ''''''' 4 - ' } _ Y r '1. attr,v~ .f w IIS N'. • • ¢ %.` `-_4. I �' • • Y a .. • it 8 � � •+ a r _ a ,,,- mow *' # e2. x ,„,, 3, t .`? �, :1,. u • .. w EXISTING CONDITIONS SHELA MARIE BOLLENBACHER Agenda Item 6 Page 5 ROSE HALL DISTRICT— 2492 seven Kings Road Shela Marie Bollenbacher 1 6gtv i 7'41411111111.11111pippo.. e N.K/1414414,, : may, C(,F) 41/ I 40 IN- r r . en WW ,, c c •,,,,,,i,_4. y•1� .Fi� o°s' �•'f •4 _ .'73Mi 2 X Yom'►4`V -_ P 1 i • g • _ . __ ,,,,.. ._ _ astleton Conditional Use Permit(Home Occupation,Day-Care) 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 01/14/1985 REZ(AG-1 to R-8) Approved 2 04/28/1980 REZ(R-3 to R-5) Approved ZONING HISTORY SHELA MARIE BOLLENBACHER Agenda Item 6 Page 6 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 l Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance.Special Investment Program j Changes Exception for (EDLP) _ ; Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure Subdivision Variance (Historic Review_Board) : ; Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property 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 NQT a corporation, partnership, firm, Ell business,or other unincorporated organization, ElCheck here if the APP L ANT IS a corporation, partnership, firm, business, or Pagt 1 of 4 0s , _ _ bosilis-_,446. DISCLOSURE STATEMENT SHELA MARIE BOLLENBACHER Agenda Item 6 Page 7 other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers,directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or afrlilated business entity' relationship with the Applicant (Attach list if necessary) See next page for information pertaining to footnotes) and 2 4 1 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 1:2(Check here it 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 rroperty 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 t 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 SHELA MARIE BOLLENBACHER Agenda Item 6 Page 8 '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 Ii)one business entity has a controlling ownership interest in the other business entity,(ni a controlling owner in one entity is also a controlling owner in the other entity,or ilii) 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 9 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 busing_operatingor to be operated on the Prooertv. If the answer to any item is YES, please identify the firm or Individual providing the service: I YES I NO I SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of L1 fj e t i TaX A1-V 1(e-,4 your tax return k9l'; 41,' F314r ri f is e`>+..cti w -N t ; ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any otherhaser pendingthe orsubect propposed of roperty I�1 (Identity purchaser(s)and purchaser's service providers) Construction Contractors na I Engineers/Surveyors "he disclosures contained in this form are necessary to inform public Page 3 of 4 sfficials who may vote on the application as to whether they have a conflict if interest under Virginia law. DISCLOSURE STATEMENT SHELA MARIE BOLLENBACHER Agenda Item 6 Page 9 Financing(include current f mortgage holders and lenders �>t X (�,��. �J selected or being considered to provide financing for acquisition i_ i:��.+! tili"yt{ ( t1 or construction of the property) 1 % ) t :`ti • U Legal Services _ Real Estate Brokers /Agents for current and anticipated future I ' 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 l 111 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. 1y �1 fr. APPl1GANT'S SIGNATURE PRINT NAME DATE 11 PROPERTY OWNER'S SIGNATURE PRINT NAM 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 o'interest under Virginia law. DISCLOSURE STATEMENT SHELA MARIE BOLLENBACHER Agenda Item 6 Page 10 Item#6 Shela Marie Bollenbacher Conditional Use Permit 2492 Seven Kings Road District 3 Rose Hall October 14, 2015 CONSENT An application of Shela Marie Bollenbacher for a Conditional Use Permit (Home Occupation, Family Home Day Care) on property located at 2492 Seven Kings Road, District 3, Rose Hall. GPIN: 24053011610000. CONDITIONS 1. Children shall be dropped-off and picked-up on the subject site. To avoid vehicular congestion, pick- up and drop-off times for the children shall be staggered. 2. The hours of operation shall be Monday through Friday,from 7:00 am to 6:00 pm. 3. No more than twelve children may be cared for at one time. 4. The rear yard shall remain fenced. Play equipment shall be located in the fenced rear yard only. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 6 by consent. The applicant Shela Marie Bollenbacher appeared before the Commission. . . • . - --- . _ 1 t \ ,, I..)ti J1:10 __—__ Z MI= ce 1 1 1. - x — ._____. • o...1 .... „ .,...... ..., __..- -A z *., z %Niimo TN/ft .._____. •... 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Z :.;:''' a> .),. �S� y'7 r0 '� , +aenr. � Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YNOT, LLC [Applicant] CITY OF VIRGINIA BEACH [Owner] Conditional Change of Zoning (AG-2 Agricultural to Conditional B-2 Community Business) Property is located approximately 190 feet northwest of the corner of Princess Anne and Winterberry Lane (portion of GPIN 1494096316) COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: December 1, 2015 • Background: The City is the owner of a 1.7-acre vacant parcel located at the northern corner of Winterberry Lane and Princess Anne Road. The applicant is developing the site to the northwest of the City-owned parcel as a self-standing restaurant that will be functionally part of and accessed through the Landstown Commons Shopping Center. That restaurant will be developed consistent with the proffers that accompanied a 2008 rezoning of that site. The applicant's current request for a Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District only applies to a 60-foot wide strip of the City parcel. The applicant proposes to purchase the 60-foot wide strip from the City and that purchase is a separate item on City Council's agenda. • Considerations: The applicant's request to purchase the 60-foot wide strip from the City and to rezone it to Conditional B-2 is a result of the applicant's need for additional parking spaces. The site plan for the restaurant site shows 44 parking spaces located on the restaurant parcel. An additional 32 parking spaces will be located within the property being purchased from the City. Since the City-owned property is currently zoned AG-2 Agricultural, it cannot be used for parking that supports a use in a Business zoning district; therefore, this rezoning to B-2 Business is necessary. Parking for the restaurant within the Landstown Commons Shopping Center parking lot is not possible due to legal restrictions and agreements among the shopping center owners and its tenants. Access to the restaurant's parking lot will be via an ingress-egress easement that runs through the shopping center to the signal light at Princess Anne Road and Landstown Centre Way. There will be no direct access to the restaurant site from Princess Anne Road or from Winterberry Way through the City property. YNot, Inc. Page 2 of 2 Further details pertaining to the application, 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 with one abstention, to recommend approval of this request as proffered. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departm:�pAir City Manager: .�� I I i I PRINCESS ANNE DISTRICT YNOT ITALIAN 16 70 to 75d8 DNLAICUZ .. h• II-2October 14, 2015 Public Hearing MOD r ' APPLICANT: YNOT, LLC k' Ate: {/. PROPERTY OWNER: n�xu�a�2h iM,��r..._---J.J 9 4Fr " ' VIRGINIA CITY OF VI 70 to 75 ONL AKU2 II BEACH )ITA) R AL2 A11-1 Change of Zoning(AG-2 to Conditional 9-2) STAFF PLANNER: Stephen J.White REQUEST: Change of Zoning(AG-2 Agricultural District to Conditional B-2 Community Business District) ADDRESS/DESCRIPTION: Portion of property, located approximately 190 feet to the northwest of the corner of Princess Anne Road and Winterberry Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14940963160000(portion of) PRINCESS ANNE 0.4 acres 70 to 75 dB DNL 4 0' BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone 17,424 square feet (0.4 acres) of a 1.7-acre City-owned parcel from AG-2 Agricultural District to Conditional B-2 Community Business District for the purpose of using the area for parking spaces. In 2008, the adjacent parcel to the northwest was conditionally rezoned from AG-2 Agricultural to Conditional B-2 for development of the site as a self-standing building that would match the architectural design of the adjacent shopping center. The applicant proposes to develop that site for an eating and drinking establishment, and the 2008 proffers will govern that development. The current request only applies to a 60-foot wide strip that runs parallel to the southeastern lot line of the development parcel. The strip is part of a 1.7-acre lot owned by the City of Virginia Beach, which is being purchased by the applicant. YNOT, LLC Agenda Item 16 Page 1 Details • The full development site for the restaurant consists of the site rezoned in 2008, the 17,424 square foot area being purchased from the City, and a 15-foot wide ingress-egress easement located between the 2008 rezoning site and the City property. • The ingress-egress easement runs from Princess Anne Road to a 50-foot by 50-foot lot where a Verizon utility building is located. As shown on the submitted plan, a portion of the proposed parking lot is located within the easement area, and the applicant is seeking permission from Verizon to use the easement as shown. Since the ingress-egress is connected to Princess Anne Road, a gate with a Knox Box will be installed at the entrance to prevent direct access from Princess Anne Road to the restaurant site. • Based on the parking requirement for restaurants as provided in Section 203(a)of the City Zoning Ordinance, 72 parking spaces are required. • The submitted site plan shows 44 parking spaces located on the restaurant parcel. An additional 32 parking spaces will be located within the property being purchased from the City. Since the City-owned property is currently zoning AG-2 Agricultural, it cannot be used for parking that supports a use in a Business zoning district; therefore, this rezoning to B-2 Business is necessary. • Parking for the restaurant within the Landstown Commons Shopping Center is not possible due to legal restrictions and agreements among the shopping center owners and its tenants. • Access to the restaurant's parking lot will be via an ingress-egress easement that runs through the shopping center to the signal light at Princess Anne Road and Landstown Centre Way.There will be no direct access to the restaurant site from Princess Anne Road or from Winterberry Way through the City property. • As a condition of the sale of the property from the City to the applicant, the applicant will be required to subdivide the site to remove the internal property line. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped YNOT ` Lc Agenda Iter' 16 Pale 2 11 SURROUNDING LAND North: • Undeveloped parcel /Conditional B-2 Business District USE AND ZONING: • Commercial shopping center/Conditional B-2 Business District • Verizon utility station /AG-2 Agricultural District South: • Undeveloped/AG-2 Agricultural District East: • Commercial shopping center/Conditional B-2 Business District West: • Princess Anne Road NATURAL RESOURCE AND The site consists of a variety of grasses, weeds, and wildflowers. CULTURAL FEATURES: There are no known significant natural resources of cultural features associated with the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods.Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses (pp. 3- 1 through 3-3). 4 • IMPACT ON CITY SERVICES The proposed change of the zoning of this site to B-2 Community Business for the purpose of providing parking for an adjacent business, as proffered, is not expected to have any impact on City services beyond what currently exists. 4 • EVALUATION AND RECOMMENDATION The proposed Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business is acceptable. It is not anticipated that the parking area will have any impact on the residential area to the east. The purpose of the rezoning is only to allow for sufficient parking to support a new use in an area of the adjacent shopping center in need of increased activity, and the proffers submitted by the applicant provide assurance that the site will be used only for that purpose. Staff recommends approval of this request as proffered. YNOT;itLc,. : Agenda Item 16 Page 3 4 • 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: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "PRELIMINARY SITE PLAN FOR YNOT ITALIAN @ LANDSTOWN COMMONS, VIRGINIA BEACH, VIRGINIA", dated February 24, 2014(revised through July 16, 2015), and prepared by NDI Engineering Company, Basgier and Associates Division (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: Any parking facility located on the Property shall not be a standalone primary use, but shall be an accessory use to a primary permitted use on either the Property or an adjacent parcel. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers provide assurance that the site will be developed as depicted and used only for parking associated with the restaurant. The City Attorney's Office has reviewed the proffer agreement dated July 31, 2015 and found it to be legally sufficient and in acceptable legal form. 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 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. a3L74 to YNOT,,. L . � Agenda It 16 RI Pa e4 \ ) ••1, • \ - , • \ , I . . a • \ \' . \ • i • , \• ( 'lis \ -' . k, • A \ \ VIII ,S1 \ .. . , . , ., \ , \ \\ \ . . , • \ - -L• \\ \ \ \ \\ t 1 1 \ s r., it ,\ ,..:/ .f-;-• ' \ \' .., \ , ' \ . . 4 ' ,:., sor t il 0 ' • -./ / , i ' 117 U.1 2 i ' `WA so, O. 0,P 0 , , .,:-. , ' . s 6.6 . 10 w 4 43- / / a.D 2 , i ‘ Oft 4 a 0 , i NW, 4 4 0 , i W, '‘,..\• at 4- ,fl 4.Q. o g e '// Sr go, ^..1.1 al 0 •, .... 41t, ku.. IP 40, 4" 4, /,t, h. .... ., ,t, ...tb . cr ,el E a..! \ \ ' 4., i, 1—1...2 \ 1..,..: - . 2 i r, 44 i ' 0 Z o Z ui'Al II/ >-.2 5 \ 0 i ' / OO g / II W 0'-' ' \ \ 0 —I 1.i s ii 0 MI F. 'S I '- ' Q. ?..6 , d.• /1 o IU N A. IX 0 It s , ..., 0. o• • .\t—,4 .., 14. s , ,.. ... Nifaik- 7 .1E t.••• • '1 ,1 A E a) Z. 0.0) ,.. 11, N...,.. . 0 . c St 3 la o o.-- •. 1,-; o ' ,„ - ..•o I .... , AERIAL OF SITE LOCATION YNOT, LLC Agenda Item 16 Page 5 1 1 , I , IL> , r 1 ; t ----- 3t,tv- Atf.i9i13IN Y *19 • i U 41 1 Hi i 4' 5 II Eil , 5 5•'.. 31 a. 5 u c, ‹ ...,- 0 * c Vt‘ 1 z 5 c '' 1 1 1 I lc .1 IQ t — • i I I L it lejait• il 1,-- haJEI 1 1 .................„, 1 • -' ,• iiii; t La.,.1 , .., r H :. R 61. . , — I .•,- 8 1 i ii *% 1 0.- - 3 , i ii "1 IIIIII:liff lib!, ,i 1 . 1 , .4 , , _ 3 , i :11 th i i i,: t+1110 ,1 .t -- I o 9 I , ( 4 z pl : mil; 1 ,ffiliwiiiii:.hiii , , i ii: iii 1J 6 3 ..,1,1, 1 g lit ' PROPOSED SITE LAYOUT YNOT, LLC Agenda Item 16 Page 6 PRINCESS ANNE DISTRICT YNOT ITALIAN �'�e` N R="SD I 70 to 75 dB DNL AICUZ RAR6LR,ty�N B-2 2 R*5D Laad�lann < WINTL RRL RRV LN 1 1��. A4J2 - 1 ti1i A <2- 8-2 'B-2 f• '� �` CPrS 1 �2 qh ,� W P'Qoe A-6-2 < IL,x 145 ,. ? TWiNF LoweR LN mak, • t. . . ..,4th' R rD 70 to 75 dB DNL AICUZ (ITA) 1 INF N. . AIB-2 AB-1 .13 ft Change of Zoning(AG-2 to Conditional 8-2) APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 05/27/1997 REZ(AG-1, P-1, H-1, R-10, 0-2, and B-2 to AG1) Approved CUP (outdoor recreational facility—golf course) Approved 2 08/22/2006 CRZ(AG-1 and AG-2 to Conditional B-2) Approved 3 02/12/2008 CRZ(AG-2 to Conditional B-2) Approved 4 04/24/2012 CRZ(AG-1 and AG-2 to Conditional B-2 and I-1) Approved 5 12/03/2013 MOD to#4 CRZ to allow a medical office Approved ZONING HISTORY YNOT, LLC Agenda Item 16 Page 7 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) 9 Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE El 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 tc any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). ® APPLICANT NOTIFIED OF HEARING DATE: Do NO CHANGES AS OF DATE: 9/25/2015 L-a REVISIONS SUBMITTED DATE. DISCLOSURE STATEMET YNOT, LLC Agenda Item 16 Page 8 U3.,4 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) Please see attached. • • (B) List the businesses that have a parent-subsidiary/ or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) City of Virginia Beach,Virginia (B) List the businesses that have a parent-subsidiary t 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 YNOT, LLC Agenda Item 16 Page 9 Virginia Beach N/A I "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or any business ooeratincl 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 I1 Accounting and/or preparer of your tax return Architect/Landscape Architect/ Covington Hendrix Anderson Land Planner Architects ❑ Contract Purchaser(if other than 02 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Dpurchaser of the subject property " (identify purchaser(s)and purchaser's service providers) Construction Contractors The Miller Group 0. [J Engineers/Surveyors NDI Engineering Company 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 YNOT, LLC Agenda Item 16 Page 10 AB Virginia Beach Financing(Include current I Oy rn L ® Elmortgage holders and lenders l� selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Troutman Sanders LLP Real Estate Brokers/Agents for The Katsias Company and -� current and anticipated future Kite Realty Group 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 Elan interest in the subject land or any proposed development 4 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or m ing of any pLody or committee in onn with tjri�application. PL /NATURE 1-0 T NAME ` 0 I } DATE I - 2.. James K.Spore,City Manager 8/27/15 PROPERTY. SIGNATU'E PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT YNOT, LLC Agenda Item 16 Page 11 City of Virginia Beach Disclosure Statement Form Applicant Disclosures Conditional Re-Zoning Application for YNot,LLC for Property at the corner of Princess Anne Road and Winterberry Lane,Virginia Beach,Virginia 23456(GPIN No. 14940963160000) I. Names of officers,directors,members,trustees,partners,etc.of Applicant. 1. Anthony DiSilvestro—Manager and Member 2. Cynthia DiSilvestro—Manager and Member 3. Harry DiSilvestro—Manager and Member II. Businesses that have a parent-subsidiary or affiliated business entity relationship with Applicant. 1. YNot Brothers,Inc. 2. YNot Educate,Inc. 3. YNot Enterprises,Inc. 4. Ynot Games,Inc. 5. YNot Ghent,LLC 6. YNot Greenbrier,LLC 7. YNot Investors II,LLC 8. YNot Italian VII,LLC 9. YNot ODU,LLC 10.YNot Pizza Franchise,LLC 11.YNot Pizza VI,LLC 12.YNot Providence,Inc. 13.YNot Vending,LLC 26367318v DISCLOSURE STATEMENT ii YNOT;` :L . Agenda Item 16 Page 12 Item#16 YNOT, L.L.C. Conditional Change of Zoning Approximately 190 feet northwest of the corner of Princess Anne Road and Winterberry Lane District 7 Princess Anne October 14, 2015 CONSENT An application of YNOT, L.L.C.for a Change of Zoning(AG-2 Agricultural District to Conditional B-2 Community Business District)on a portion of property located approximately 190 feet to the northwest of the corner of Princess Anne Road and Winterberry Lane, District 7, Princess Anne. GPIN: 14940963160000(portion of). PROFFERS PROFFER 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "PRELIMINARY SITE PLAN FOR YNOT ITALIAN @ LANDSTOWN COMMONS,VIRGINIA BEACH,VIRGINIA", dated February 24, 2014 (revised through July 16, 2015), and prepared by NDI Engineering Company, Basgier and Associates Division (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: Any parking facility located on the Property shall not be a standalone primary use, but shall be an accessory use to a primary permitted use on either the Property or an adjacent parcel. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. A motion was made and seconded by Commissioner Ripley. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item#16 YNOT, L.L.C. Page 2 THORNTON ABS WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 16 by consent. Gl IA•BL 0 i. ...:-/A0,:- �yv CITY OF VIRGINIA BEACH -� * INTER-OFFICE CORRESPONDENCE ,y t;2 ,Si = =P, 1 0,' yR: nrt. e OF•-0-,,--R'-N;00.‘`. UR,N 00O `. In Reply Refer To Our File No. DF-9471 DATE: November 18, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; YNot, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 1, 2015. I have reviewed the subject proffer agreement, dated July 31, 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 AGREEMENT 5k THIS AGREEMENT (this "Agreement"), made this 71 day of July, 2015, by and between YNOT, L.L.C. a Virginia limited liability company ("YNot", to be indexed as grantor); CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City", and to be indexed as grantor) (YNot and City hereinafter collectively referred to as "Grantors"); 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, City is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1494-09-6316-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "City Parcel"); and WHEREAS, YNot is the current contract purchaser of an approximate .4 acre portion of the City Parcel as more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN No. 1494-09-6316-0000 26329826x1 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions 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 the 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 of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") 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 Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "PRELIMINARY SITE PLAN FOR YNOT ITALIAN @ LANDSTOWN COMMONS, VIRGINIA BEACH, VIRGINIA", dated February 24, 2014 (revised through July 16, 2015), and prepared by NDI Engineering Company, Basgier and Associates Division (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Any parking facility located on the Property shall not be a standalone primary use, but shall be an accessory use to a primary permitted use on either the Property or an adjacent parcel. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 26329826v1 2 All references hereinabove 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 conditional zoning amendment is approved by the Grantee. The Grantors covenant 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 CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall 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 Department of Planning 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 Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 26329826v1 3 1 11 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: YNOT, L.L.C., a Virginia limited liability com'any: L /).- 4." Anthony ►i'..i vestro, STATE/COMMONW,, ALTH OF M i CITY/CO TY OF 17/4 _w 441 ,to-wit: At ajyThe foregoing instrument was sworn to and acknowledged before me this 3/ day of , 2015, by Anthony DiSilvestro, in his capacity as Manager of YNot, L.L.C.,, a V rgi is limited liability company. He is either personally known to me or has produced VA NiVek 5 /%C ens( as identification. A4 Witness my hand and official stamp or seal this .3/ day of gay , 2015. 7)1 aki( Q eve Nbta Public (SEAL) `` ilimNNh�,i My Commission Expires: /I— / 3 / l f V \``\�xO��y3ane Co�GG S , � .N0T A0y..• r. Registration Number: A/ o i s. =n s ro#210188 I '" =0: EXP.LJ /V5_El la•Vt.o /,/- FANO `\\`\\`S 26329826v1 4 CITY: APP 0 D AS TO CONTENT: APPROVED AS TO FORM: Si w-.' 'lanning Department/ Signature-City Attorney Development Services Center ACCEPTED ON BEHALF OF THE ATTEST: CITY OF VIRGINIA BEACH,VIRGINIA ��•� _70-464+ b''Z. 'gnature—City Clerk y Manager Authoriz• Iiesignee of City Manager COMMONWEALTH OF VIRGINIA ) to wit CITY OF VIRGINIA BEACH,to wit: J ,a Notary Public in and for the City and Commonwealth aforesaid,do hereby certify that �A.,57) , CITY MANAGER/ A. 0 _ S MANTe.: Gn E PURSUANT TO § 2-154 OF THE CITY CODE, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and Commonwealth aforesaid. He/She is personally known to me. ¢ GIVEN under my hand thisa / day of � • ,20 / . Notary Public: ') 3 0 5 3 a s _/ My Commission Expires: • 3 - 5<r;dy Marie Madison 2r ;a, C,ommnr vr,,;lth or Virginia 3' Nc, f'ulr'iC (SEAL) I4k „ rf Y''e '� .� +, Commission No /073053 R�stx'G: My t omrnis:,ion F xpiro:;12/31/201r COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: I Q04}-'10O'//t=1f'a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify that , City Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and Commonwealth aforesaid. He/She is personally known to me. GIVEN under my hand this 7 day of � ,20 OS Notary Public: 70730 S:3 0/Y\A4a My Commission Expires: j a . 31- / SrtirldV Mnr C (SEAL) , C( rn 26329826v1 5 EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "AREA=1.678 ACRES", as shown on that certain plat entitled "SUBDIVISION OF LANDSTOWN MEADOWS, SECTION ONE, PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated September 1984, made by Basgier and Associates, P.C., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2397, Page 1462. IT BEING the same property conveyed to LANDSTOWN MEADOWS ASSOCIATES, a Virginia general partnership, by deed from LANDSTOWN INVESTORS, a Virginia general partnership, dated April 6, 1984, and filed for record April 6, 1984, in Deed Book 2324, page 2050. By Articles of Organization filed April 1, 1998 with the State Corporation Commission LANDSTOWN MEADOWS ASSOCIATES, a Virginia general partnership was converted to LANDSTOWN MEADOWS ASSOCIATES, L.L.C., a Virginia limited liability company, certificate recorded in the Clerk's Office in Deed Book 3873, page 299. 26329826v1 6 EXHIBIT B Legal Description ALL THAT certain lot,piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and more particularly described as follows: BEING a part of property belonging to the City of Virginia Beach, Virginia as shown on that certain plat entitled, "Subdivision of Landstown Meadows, Section One"; said plat recorded in deed book 2397 at page 1462, in the clerk's office of the circuit court of the city of Virginia Beach, Virginia. It being a portion of the same property designated on the plat as, "Now or formerly Landstown Meadows Associates", having an area of 1.678 acres and located on the northern intersection of Winterberry Lane and Princess Anne Road. BEGINNING at the point located 243.09 feet, on a bearing of N 53°02'46" W from the southwestern point of curve located at the intersection of Winterberry Lane and Princess Anne Road as shown on the aforementioned deed book 2397 at page 1462; Said point also being the True Point of Beginning of the subject parcel; Thence continuing around the subject parcel in a clockwise direction the following courses and distances; N 36°57'14" E a distance of 251.57' to an iron pin found; Said pin located on the northeastern corner of property labeled as Lot 1A on instrument number 20091204001387250. Said instrument recorded in the clerk's office of the circuit court of the city of Virginia Beach, Virginia; Said Lot 1A also being the location of an existing utility building belonging to Contentental Telephone; Thence continuing on a bearing of S 61°41'46" E for a distance of 65.75 feet to a point; Thence S 36°57'14" W for a distance of 261.47 feet to a point; Thence N 53°02'46" W for a distance of 65.01 feet to the True Point of Ending. Said portion of a parcel of land containing an area of 16,675 square feet or 0.383 of an acre. 26329826x] 7 Q.) ‘t 1...ad , ,,... '' ''°. '... 'r-''' - ,• .." Z •-> f. -1" laglalli flit ..., . . ....... co Cill .SW 410 <1•• MI QJ ,... in - \ A...4. 0 1. 1 -..=.. Ot \ ex - ex 1& 64 - , ••'" ' .... ...., CO r Ft 010) Vii V- CO ....- ) 1,... 11 t; ..•-• '. N In -V- , DO .. A \ C li 4 1,, 0 /f".. r.... T. ..... rir a ett „„„ f4 ,„INCI I:1) 4..r i. . lg. co Ail ,_ w -13 z 4.1 .44). 041 4101111i" r.,.. _........ I. _. .,.... , ..,. L(l to fa c., ..... 4 0000 4 1 o,,,, /. IrloM ikoad ,......., ,., Am. S -,..------- ,:. %poi •.4 ..---• 4 itif le e, 01 g, . . tfo. oe -I ... . 4 rai il ; 1 • , 1141111 VI , \ ,.... i.„ IC 1 4 4....1 , • 4. ...•1; 0 \- 4 Z Li) i _.... Oe i--- MIlIg I Sti Z 1 31 si.01 I VI k i :\\\11141i 4 I VI to .. il• dC \ LIJ co 2 '*.44 .fats N `;l j.% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Holly Road, LLC, a Virginia limited liability company, for the Closure of a 3,125 Sq. Ft. Portion of an Unimproved Right-of- Way Known as Holly Road MEETING DATE: December 1, 2015 • Background: Holly Road, LLC, a Virginia limited liability company (the "Applicant") owns 400 Holly Road, and has requested the closure of a 3,125 Sq. Ft. portion of an unimproved right-of-way known as Holly Road (the "Right-of- Way"). The Right-of-Way proposed to be closed is situated between 48th Street and a 15-foot unimproved alley. The Applicant and the adjacent property owner have each submitted an application to close one-half of the unimproved right-of-way area between their respective parcels. If the two applications are approved, each would resubdivide their property to each incorporate one-half of the closed portion of Holly Road into their existing parcels. • Considerations: The Right-of-Way is unimproved and there are no plans to improve it. Further details pertaining to the street closure, as well as Staffs evaluation of the request, are provided in the attached staff report. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the Request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval will be considered null and void. • Attachments: Ordinance 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. V' 6()""1-- 1 ORDINANCE APPROVING APPLICATION 2 OF HOLLY ROAD, LLC, A VIRGINIA 3 LIMITED LIABILITY COMPANY, FOR THE 4 CLOSURE OF A 3,125 SQ. FT. PORTION 5 OF UNIMPROVED RIGHT-OF-WAY 6 KNOWN AS HOLLY ROAD 7 8 WHEREAS, Holly Road, LLC, a Virginia limited liability company (the "Applicant") 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed and 22 vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and described as 27 "AREA OF PROPOSED STREET CLOSURE (3,125 FT. OR 0.071 28 AC)", shown as the hatched area on that certain exhibit plat 29 entitled: "STREET CLOSURE EXHIBIT OF THE WESTERN 25 30 FEET OF HOLLY ROAD (A PUBLIC R/W) (FORMERLY 3RD 31 STREET) BETWEEN 48TH STREET AND A 15 FOOT LANE (M.B. 32 6, PG. 107) VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', dated 33 July 28, 2015, prepared by wpl, a copy of which is attached hereto 34 as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City Council's 39 adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 2418-87-0831 111 47 Pursuant to Street Closures," approved by City Council. Copies of the policy are 48 available in the Planning Department. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcel. The plat must be submitted and 52 approved for recordation prior to the final street closure approval. 53 54 3. The Applicant shall verify that no private utilities exist within the right-of-way 55 proposed for closure. Preliminary comments from the utility companies indicate there 56 are no private utilities within the right-of-way proposed for closure. If private utilities do 57 exist, easements satisfactory to the utility company must be provided. 58 59 4. Closure of the right-of-way shall be contingent upon compliance with the 60 above stated conditions within three hundred sixty-five (365) days of approval by City 61 Council. If all conditions noted above are not accomplished and the final plat is not 62 approved within one (1) year of the City Council vote to close the right-of-way, this 63 approval will be considered null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before November 30, 68 2016, this Ordinance will be deemed null and void without further action by the City 69 Council. 70 71 2. If all conditions are met on or before November 30, 2016, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "HOLLY ROAD, LLC, A VIRGINIA LIMITED 84 LIABILITY COMPANY", as "Grantee." 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • ,�.. �..�.J /oar. �hlv . Pl:nning epartme , City Attorney CA13443 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D021\P018\00168141.doc R-1 November 20, 2015 EXHIBIT A . 15' LANE (15' PUBL/C R/GHT-OF-WAY)(UN/MPROVEDXMAP BOOK 6, PAGE 107) ](M.B. ♦`25'P50'♦♦V♦♦ AREA OF PROPOSED .)1Q ♦♦ * STREET CLOSURE // jO `♦ :� (3,125 SF. OR 0.071 AC) �� V . • LOT149 kt t' CC ♦♦ice♦�♦ ODDED LDT �,,zz ti� NO BUILD/NG w Q ♦♦♦♦ 2418-87--0831 9 .co ,LTH p� k m ♦�♦�♦�♦ mvNsit. • .....a.1 'teN 0 046 'C-3 i O WILLIAM R. PRtTCHARD� 44, Iic. No. 2266� o7i18i�o1s * —�♦ 90\' 1`t) SURVO ♦ 25' a• 1 50' SANITARY CLEANOUT QI4 FOR LOT 148 WOODS LINE yl so/SEWER STORM SAN O NOTES: , !DRAIN MANHOLE TELEPHONE- " 1. THIS EXHIBIT IS INTENDED TO = = = • = = ■ • a PEDESTAL STORM STORM PIPE SHOW THE AREA OFHOLE STORM STORM PROPOSED RIGHT-OF-WAY I STORM DRAIN MANHOLE MANHOLE CLOSURE AND INDEPENDENT 45! STREET OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT (70' R/W) tu INTENDED FOR ANY OTHER (FBOOK 6A PAGEE 007) Q-N tn a THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT -_ �` NI ,o BEEN PROVIDED FOR THIS '1I'� W $ I PROPERTY. 0�. Ni. k0_ SCALE: 1"=30' STREET CLOSURE EXHIBIT SHEET 1 OF 1 OFJULY 28, 2015 ik —' — = THR { 25 EETOF T- - HOLLY ROAD (A PUBLICRR/1 ) (FORMERLY 3RD STREET) BETWEEN 48TH STREET AND A 15 FOOT LANE (M.B. 8, PG. 107) .yikredu►e VIRGINIA BEACH, VIRGINIA 2cxra Engineering 757.431.1041 SW RI SIE 1 MU Kai,w 2382 CAD/cbk: MRB/wrp CITY OF VIRGINIA BEACH, VA IF.B.1031 P.54-55'PLAT:11-73 'IN:215-0066 ! II BEACH DISTRICT Holly Road LLC 17 & 18 '"1i%tet 1 \ 65.70 dB OM 41CU1 i7.S ,�Q. /5�.6'Ar � '\ - - w - October 14, 2015 Public Hearing a i sr -\ � % - —' APPLICANT: ' *:\ \" '" .----'---- ---- (17) 6570�B OWl A1GU7 c---- _"f�.. ;.�: HOLLY ROAD, LLC (Su- -- . RA \Area \ ...' - F � "'111a . *40 'N/7—. (r 1 /" . Street C).Hne BEACH DISTRICT Dr.Jack Siegel&Lisa Bertini y-- 1 65"l0 dB OJBI AN:Ut �\ � �-'=1, .., Ar ". ---" APPLICANT: 1 (18) r \ \ _- DR. JACK SIEGEL & - WM --- LISA A. BERTINI 6510dS0Ht AICur _ Cc 75dti-Arca 31 -----\\ -\ ; / -.\1 \I -- - - Sneer Cm3we STAFF PLANNER: Stephen J. White REQUEST: Discontinuance, closure and abandonment of an unimproved section of Holly Road between 48th Street on the north and a 15-foot wide unimproved alley on the south ADJACENT GPINS: ELECTION DISTRICT: SIZE: AICUZ: 24188718330000 BEACH 6,250 square feet 65 to 70 dB DNL 24188708310000 (Sub-Area 3) • • BACKGROUND / DETAILS OF PROPOSAL This request is for the closure of a 50-foot by 125-foot unimproved portion of the Holly Road right-of-way. The property owners on the east and west sides of the right-of-way have each submitted an application to close the 25-foot wide half of the right-of-way adjacent to their property. Should these two applications be approved, each adjacent half would be added to the area of the applicant's existing lots. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 1 This portion of Holly Road was created by deed in 1884 as part of"The Hollies." In 1921, a plat was recorded at Map Book 6, Page 107, affirming the 1884 deed. The right-of-way now known as Holly Road was designated as 3rd Street on the 1921 plat. The right-of-way has never been improved. The property to the west of the right-of-way is undeveloped and owned by Holly Road, LLC. The property to the east is occupied by a single-family house, and the adjoining right-of-way is used as if it is part of the yard area of the house. A concrete driveway, walkway, lawn,fence, and shed are located within the right- of-way. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The right-of-way is undeveloped with the exception of the eastern portion, which is being used as part of the yard for the adjoining single-family house. SURROUNDING LAND North: • 48th Street USE AND ZONING: • Single-family dwellings/ R-7.5 Residential District South: • Unimproved alley • Single-family dwellings/ R-7.5 Residential District East: • Single-family dwelling / R-7.5 Residential District West: • Undeveloped lot/R-7.5 Residential District NATURAL RESOURCE AND The western half of the right-of-way contains mature trees and CULTURAL FEATURES: understory vegetation. The site is located within the Chesapeake Bay watershed. There do not appear to be any significant environmental or cultural resources associated with the site. • • IMPACT ON CITY SERVICES PUBLIC WORKS-TRAFFIC ENGINEERING, OPERATIONS: There do not appear to be any City plans or intention to develop this right-of-way as an improved street. PUBLIC UTILITIES,WATER&SEWER: There do not appear to be any City water or sewer services within this right-of-way. PRIVATE UTILITES: Preliminary comments from the private utility companies indicate no facilities within this right-of-way. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 2 4 • EVALUATION AND RECOMMENDATION The closure of this portion of unimproved right-of-way is acceptable. The right-of-way has remained in an unimproved condition for over 100 years, and there are no plans to improve it. Closure of the eastern half will provide the owners, upon purchase from the City, an additional 25 feet in lot width and 3,125 square feet of lot area. This application will also legitimize the use of this portion of the property which is currently an encroachment into a public right-of-way. Finally, it will significantly reduce the setback requirement for the western side yard. The minimum required side yard setback adjacent to a street(or public right-of-way) is 35 feet in the R-7.5 Residential District; the side yard setbacks to an adjacent residential lot are 5 feet and 10 feet. Closure of the western half will add an additional 25 feet in lot width and 3,125 square feet of lot area. Additionally,just as with the lot to the east of the right-of-way, the side yard setback requirement will be reduced from 35 feet to 5 feet and 10 feet, providing greater flexibility to the design of the building and site should the property be developed. Staff recommends approval of this request with the conditions below. 4 • CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 3 NOTE:Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 4 • • �, ,, ,di ;ter,: , r "'f P Ss ,' Y 4`, 1‘ e t \loll. t '�. L"Y k!° r• 1 -o m r'~ �` `" . 2S. _ ' t. m o ••••3 WapE A� 1 y •i + Y , . . - • , .4,,,,,,,,,,4„. .....;,... ..__04.4,44da,„_,...„4„,,,..,,,.... .1t,it.,;;:,..:,..,,.,,;_.; ,, . 'lift,.--.....,, ,,Gov3.0v , tit. ilk '• l 1 Com!' Ve °, �,' 7 Bay - 4 , , . ..._...., : . , „.. .. 0 . : %1,\-sit. - , .. ,, ,..., ... .-r.-';:--4 * ' - - ',--,..#:„ ' ...4 \l Vit' -. k1 • a 4 is , , 1r ` ' t -' , .. " , " ,... A . , Ofin',""777, ..p.,,,,, r ":"4:'. M 4::.';1 11 r 1 I ti ' ` .� n w: ioloft\ , ''?�_ ,,. `• i.i1 J ti •''''.--*.'' V` I i. , • 7., ic • V er Ar " .. ,' ' gay AERIAL OF SITE LOCATION L1. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI , Agenda Items 17 & 18 Page 5 , .4 .t Il FLOOD ZONE 'X' (OUTSIDE) 15' LANE (15'PUBLIC RIGHT-OF-WA Y)(UNIMPROVED)(MAP BOOK 6, PAGE 107) 1 FLU00 ZON 96° WOOD�FENCE J 96"�W00D FENCE ie 25'4. Q i X"I(INSIDE IDE R 0.66" INSIDE Q Z''a .�.a:.�.�. APPROX. LOCATION OF— FRAME •.'�.96NC 4e0o 000 ZONE SEPARATION FRAME fl�SE— e��-�.V114 I LINE PER FEMA PANEL SHOWER PAVER .4r 4.♦. COMMUNITY PANEL NO. TALL STEPS 2.01' V.110,♦♦♦4 aON ----- _ 515531 00630 W000 0 '.�42'WI'EO JANUARY 16, 2015 GROUND CK STONE PATIO I p.\ C iiiik I LOT-147v A 0 / (M.B. 6. PG. 107) STEP _— SCREENED _ S.4, I 2418-87-1884 96'WOOD FENCE • PORCN `� .• 1 Q • CLR OFR 1.54' STOOP �P�:� , 3 p 1r) 72"WOOD ) #318 1.�.',♦♦�,1 �� N FENCE — 1 1/2-STORY FRAME ■ j��. t ` �� o �t,LTH 0� 96"WOOD FENCE---T HVAC UNIT ►',� C t J� o m / CLR OFR 1.67' • H �� 1 � � 1 (;fr.eA ' LCHIMNEV 1 I �_CE J w O WILLIAM R. PRITCHARD r-+ PORCH `• j, ,' 0 �. v Lic. No. 2268 e��'�... T 07/28/2015 ��♦� `t 9-'d SURN1' 90 �4►A�1 : \ 1 50'� '25,w 4 — LOT-148 �cA wM44D � �_ .,5C0 AREA OF PROPOSED 2418-87-1833 Q�a STONE WALL7 Q�a STREET CLOSURE NOTES: i (3,125 SF. OR 0.071 AC) • 1. THIS EXHIBIT IS INTENDED TO Gf3AVE�~.STORMS SEM O SAN SEWER SHOW THE AREA OF U8I fl4.''':. 1 MNLBOX MANHOLE PROPOSED RIGHT-OF-WAY =_ = = = = = •STORM Q —�n 'a STORM CLOSURE AND INDEPENDENT EDGE OF ASPHALT • HOLE Q 4i STORM MANHOLE OF THE ASSOCIATED RECORD PAVEMENT 4 MANHOLE DOCUMENTS) IS NOT I v,iz �� STORM DRAIN INTENDED FOR ANY OTHE ¢gth STREET ka a 11 THAN GENERAL REFERENCE. oc"moi • 2. A TITLE REPORT HAS NOT (70 R/W) .....1-,;, 43 II BEEN PROVIDED FOR THIS (FORMERLY AVENUE D) Q�W m II PROPERTY. (MAP BOOK 6, PAGE 107) I1.4•-• '6 r_______ ,_\_. 1 T; SCALE: 1"=ao' STREET CLOSURE EXHIBIT SHEET 1 OF 1 -_ OF JULY 28, 2015 THE EASTERN 25 FEET OF HOLLY ROAD (A PUBLIC R/W) (FORMERLY 3RD STREET) 811 lin BETWEEN 48TH STREET AND A 15 FOOT LANE (M.B. 8, PG. 107) VIRGINIA BEACH, VIRGINIA EZTrveyn hitg *awe Chill Engineering w site.com 757A31.1041 1,,•g 2 M61N6 1111 SIE 8 NLN&EAQI W 23152 CAD/chk: MRB/wrp CITY OF VIRGINIA BEACH, VA IF.B.1001 P.42-49!PLAT:FI-73 IJN:215-0086 STREET CLOSURE SURVEY FOR DR. JACK SIEGEL AND LISA BERTINI -A HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 'I Page 6 II 15' LANE (15' PUBLIC RIGHT-OF-WA Y)(UNIMPROVED)(MAP BOOK 6, PAGE 107) Li . .25'4. 50' a- ��c$ • AREA OF PROPOSED V O �� * STREET CLOSURE p ••••#/ (3,125 SF. OR 0.071 AC) 0 i$$$•• LOT 149 CC ��0�� D DED LOT Hlb pN W ♦�� O O (M.B.L6, PG. K. Li �� NO BUILDING \/ 2418 67-1833 I \� �:�:�. o tr�' o �•��•�♦� 2418-87-0831 S ,LTH pi, J m �� co N /' SRAI 0 `k . O WILLIAM R0 . PRITCHARD Z Lic. No. 2266 ►�� 07/28/2015 • ►�♦♦.�♦ 25 ' l' "-.0 SUR`I) ‘,0�o�a�a oJ�o• 50 SANITARY CLEANOUT QQ ‘� FOR LOT 148 WOODS LINE 2 SAN STORM sEwER -O SAN SEWER 0 NOTES: Ill,DRAIN MANHOLE TELEPHONE 1. THIS EXHIBIT IS INTENDED TO = = = STORM STORM PIPE • = PEDESTAL SHOW THE AREA OF • HOLE STORM STORM PROPOSED RIGHT-OF-WAY pyo, \ STORM DRAINCLOSURE AND INDEPENMANHOLE MANHOLE OF THE ASSOCIATED REDCORD ENT '¢ STREET x ^o DOCUMENT(S) IS NOT (70R/W) 0 INTENDED FOR ANY OTHER (FORMERLY AVENUE 0) Cc...,, Q THAN GENERAL REFERENCE. (MAP BOOK 6, PAGE 107) o 2. A TITLE REPORT HAS NOT ` - ko BEEN PROVIDED FOR THIS I ...1".;, Y PROPERTY. 0`�..kJ_ p k m o � SCALE: 1"=30' STREET CLOSURE EXHIBIT SHEET 1 OF 1 OF JULY 28, 2015 THE WESTERN 25 FEET OF — HOLLY ROAD (A PUBLIC R/W) - (FORMERLY 3RD STREET) BETWEEN 48TH STREET AND A 15 FOOT LANE ` (M.H. 6, PG. 107) ` _ VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying Civil Engineering �vplsite.corn 757.41.1041 242 MIS1NIG 1RIL SIE!YFCIMI WI VA 73152 CAD/chk: MRB/wrp CITY OF VIRGINIA BEACH, VA I F.H.1031 P.54-55 I PLAT:H-73 'JN:215-0088 STREET CLOSURE SURVEY FOR HOLLY ROAD LLC L: HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI `i Agenda Items 17 & 18 II'�' Page 7 r SIEGEL & BERTINI HOLLY ROAD LLC ♦♦ . II Google t (� w r s v ,1. At s i1 1 c ��. HOLLY ROAD RIGHT-OF-WAY �. • PHOTOGRAPHS OF EXISTING RIGHT-OF-WAY a HOLLY ROAD, LLC G✓ DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 j Page 8 . BEACH DISTRICT p- Holly Road LLC ,r a 499 R= 314 7,5 31!1:111........,,,--.....' ! 49N Si c( 4�1- 65-70 dB DNL AICUZ 404 � z . (Sub-Area 3J os 303 301 410 it . : R.74-5 ' 1 416 73 31; 313 A l 4801 c 4s 4„ R-7.5 asoo Qgcn Street 100 -( p00'399 t, ,_ 102 419 - 1 304 y��a 'l 398 TH 314 \ \ 318 3161 4 R4'55402 400 216 41: r. 224 220 320 Rf14 228 240 236 R440 414 300-A 241 252 24E 6-'14C' 5 300 .:,. 21 "` gay °I°ny «, 310 229 65-70 dB DNL AICUZ 241 225 ,5 225 (Sub-Area 3) - 4, y 4,0, R R . a4603 O iQP 7 305 / QQ4O 44 4, \y� J :1 314. TM S Street Closure 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 03/23/1999 STC Approved 2 08/09/2000 REZ(R-40 to R-7.5) Approved ZONING HISTORY HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 9 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. 4 • SECTION i / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. M Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY S o (f! Page 1 of 4 [X1 AI'RLICANtNOtIFIFDOEHEARING..._ ;-\ IN NO C,ANCLS AS o, 10/1/2015 RCV151ONS SuRMOTED DISCLOSURE STATEMENT- HOLLY ROAD, LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 10 • 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) Holly Road,LLC:George McGuire,Jr.,President;Sarah M.Whitmore,Vice President/Secretary;Mildred W.McGuire,Treasurer (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 • 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) City of Virginia Beach,a municipal corporation of the Commonwealth of Virginia: James K.Spore,City Manager (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- HOLLY ROAD, LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 11 I II Dosch• 0-44 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§ 2.23101 ♦ • 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 nArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than nthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n F purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors CE Engineers/Surveyors WPL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT- HOLLY ROAD, LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 12 Virginia Beach Financing(include current ❑ © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® I I Legal Services Sykes,Bourdon,Ahern&Levy,P.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 an interest in the subject land or any proposed development nC 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 I herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin n ublicen committee in connection with this Application. —George McGuire,Jr.,President 21lZ,J�� APPLi NT'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. DISCLOSURE STATEMENT- HOLLY ROAD, LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 13 IC' ' # % 4. hs - . 4ivil1. a r tc , +11 m 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: i Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDLP) Board of Zoning Encroachment Request Rezoning A••eats Certificate of Floodplain Variance Appropriateness — Street Closure I (Historic Review Board) Franchise Agreement 1 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 Pq Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 DD SPpi 1(ANT N[1T4Irn()I H A.RIN( ® N()CNANGFs'XS uo 4-; I 9/29/2015 0 RRISIGNS SUMO it() E DISCLOSURE STATEMENT — SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 14 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) Jack Siegal&Lisa A.Bertini,husband and wife (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 footnotest 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) City of Virginia Beach,a municipal corporation of the Commonwealth of Virginia: James K.Spore,City Manager (B) List the businesses that have a parent-subsidiary t 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— SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 15 § ti5 r 4 wer � � 3S' K e.y y ,F . tet''r • ... s =tits�r teeth I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship'- means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect 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: YESI I NOl SERVICE PROVIDER ruse additional sheets if needed) ( I Accounting and/or preparer of J f/\ your tax return [ �l Architect/Landscape Architect/ '/\I Land Planner Contract Purchaser(if other than I I ix the Applicant)-identify purchaser J and purchaser's service providers Any other pending or proposed (� Iii purchaser of the subject property i I l'\ (identify purchaser(s)and purchaser's service providers) II ISI Construction Contractors I51J I Engineers/Surveyors WPL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT— SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 16 Xd � a 4 Virginia Beach rFinancing(include current C� mortgage holders and lenders ` selected or being considered to provide financing for acquisition or construction of the property) C [ Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/Agents for Ccurrent 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 n n 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? 'YliFllll.na 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 an public bo�mmittee in connection with this Application. , L fr Jack Siegel 7%84-- APPLICAN IGN' PRINT NAME DATE 4rpi_ _Lisa A. Bertini 7.174.* PROPS' OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT— SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 17 Item#17& 18 Holly Road, L.L.C. and Dr.Jack Siegel & Lisa A. Bertini Street Closure Unimproved portion of Holly Road, South of 48th Street District 6 Beach October 14, 2015 REGULAR Jeff Hodgson: Mr. Russo, please call the first item. Phil Russo:The first items on the agenda are items 17& 18. An application of Holly Road, L.L.C.for discontinuance,closure and abandonment of an unimproved portion of Holly Road, south of 48th Street, District 6, Beach. Item 18 is an application of Dr.Jack Siegel and Lisa Bertini for the discontinuance, closure and abandonment of an unimproved, 50 x 125 feet portion of Holly Road,south of 48th Street, District 6, Beach. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Russo. For the record, Eddie Bourdon, a Virginia Beach attorney, representing both applicants. I am going to take a second to digress and I want to mention the change to the north end zoning, the overlay. I want to say that Karen was being much too modest today. She and her staff,all the way back to Faith Christie, have put a tremendous amount of time and effort into these amendments, along with Geri West and Doug Cleaver, who are two architects who put a lot of volunteer time along with Dave Jester, Chris Ettel, and Billy Almond. It is a phenomenal change that is moving in the right direction. We have done probably 15 to 20 modification of non-conforming uses. They didn't come to Planning Commission because they all went straight to City Council; however,all were approved on consent agendas,and everybody loved what the result was. So,that is a great,and a great change to the north end. Jeff Hodgson: Thank you for pointing that out. Eddie Bourdon: The staff put in countless, hours over many years, and I didn't get as many calls as Karen did, but I got quite a few when those notices went out. It is a good thing. Okay,this application involves a paper street on the south side of 48th Street. The portion of it between 48th and Bay Colony or 47th Street.The application was on consent so I won't go through it all. Bernice Pope had contacted me last week when I was out of town,and I greatly appreciate that. I spoke to her yesterday, and I suspect she is the only person who is here to speak in opposition, and I don't want to say opposition. Ms. Pope, and I don't'want to put words in her mouth, understood or believed there had been a path through here, which is completely not the case. I have confirmed from numerous sources that there was a path. It may still be to the west of what was the McGuire residence, I believe, Richard Kellam is living in the house now, but at the top of the hill. It came down and across a third of the lots onto 48th Street about 50 feet from the dead end. Kids went through there. I've had Mike Penders and some people who said they used to ride through there all of the time, but never, has there been any improvement in terms of any kind of a path. It is also very steep, and at this point, is completely over grown as it pertains to the west side. Dr. Siegel and Lisa Bertini own this home, but they don't live in it. They intend to renovate and move here. They live elsewhere in Virginia Beach at this juncture. This additional land will allow them to build a nicer redevelopment of this piece of property. Your reviewers have 111 Item#17 & 18 Holly Road, L.L.C. and Dr.Jack Siegel & Lisa A. Bertini Page 2 recommended approval, as well as your staff, and have not seen the need for there being any preserved area for a potential future trail through here. If, between now and City Council,the City decide there should be a path there, I talk to both of my clients; however,they don't think it is the right place for one. We all think connectivity is a good idea, but don't believe this location,after 130 years this paper street has been on the records, is an appropriate location for it. But again, I don't have any objection to staff taking another look at it and if they think it is a good idea to preserve a little bit of land down the middle for a trail,we can live with that. I don't think it is the right place for it. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Phil Russo: Our first speaker in support is John David. John David: Mr.Chairman and members of the Commission,thank you for allowing me to speak to you today. My name is John David,and I live at 410 48th Street. I'm a direct neighbor of Holly Road, L.L.C. and the are three unimproved lots. The path which Mr. Bourdon talked about did in fact exist. My house sits on top of it and I don't have any intention of giving it back. That path came down,as Mr. Bourdon showed, and proceeded right through where my house sits now,which is another unimproved closed portion of Holly Road. It closed about 15 years ago,which gave me the opportunity to live in the North End. Dr.Siegel and Constance Bertini, Holly Road, L.L.C., Dr. McGuire and Millie McGuire, his wife, have been wonderful neighbors. I have the highest personal regard for them,and fully support the closure of this unimproved portion of Holly Road so that they may further improve their lots. You will hear one person come up in opposition, and that is why I'm here to show you that the neighborhood supports this.This is a good thing for Virginia Beach and for 48th Street. Like I said, I live in my home in the North End because Holly Road was closed. I think these folks also have the right to have that closed. I think it will benefit the City because Virginia Beach will be get revenue with the sale of the lot. And taxpayer assessment will obviously go up, creating more revenue for our upcoming budgetary shortfall. I think it will be a great thing that we get more revenue. I have a couple of more points. R-7.5 as you know is 150' x 1.25'. If you put 25 more feet in a lot, now you can build a nice "good sized" home, without building up a heap. For the record, I live in a behemoth, 30'x 53' story structure,which is not a real attractive piece of property. There is one being constructed on 48th Street right now. It is a three story behemoth between two original beach cottages, and it destroys the flavor of the Old Beach in the North End. If we grant his closure, and they could extend their lots to a 75 foot width, they could build a big home without building a behemoth, which would be more in line with the North End, and more aesthetically pleasing to myself, and all of the neighbors. Lastly,we have the development of the woods. Right now the woods are a hazard. I don't know if any of you have every walked up and put your trash out and met with a man with a machine gun, I have. Virginia Beach SWAT team, apprehended a fugitive that camped out in those woods. It is kind of scary. About six weeks ago, we had the police get rid of vagrants, and drug abusers that camp out in there, so we would like to see a good development go on in those woods that would eliminate the hazards for my kids and family. I provide my strongest support for Dr. Siegel and Constance Bertini and the Holly Road, L.LC.,to close this section of unimproved Holly Road and increase their lots. Jeff Hodgson: Thank you. Are there any questions for Mr. David? Thank you sir. Item#17 & 18 Holly Road, L.L.C. and Dr.Jack Siegel & Lisa A. Bertini Page 3 John David: You're welcome. Phil Russo: Our next speaker is in opposition. Bernice Pope. Jeff Hodgson: Good afternoon. Bernice Pope: Good afternoon. My name is Bernice Pope, and I live on 44th Street, which I have lived there since 1980. This street closure has been brought to my attention because I am on the Committee at the North End for the Zoning Review board. I have expressed a concern at that particular time to Billy Almond and the other members of the Board. In my experience living on 44th Street for 35 years, I've used that particular walkway, not in recent years, but in the past. That is an excellent way for the residents at the North End to have connectivity to go between the roads,and to get up and down the North End of the beach without going on Atlantic Avenue. So, my concern was just to look at that, losing the connectivity, not only this particular paper street, but all across the North End. I don't know how many cut through paths we have. There are several paper streets that have never been used, but we get bikers,get walkers,and people using them to cut through. I have to say,that with the encroachments on that property over the years, it has gotten overgrown. There is another place on 48th Street. I walk the same trails basically,going through the back roads up to the state park and I have lost two or three different connections because of development. So,that is what I wanted to bring to your attention, and let you know that these particular paper streets have been used,and are still being used today,for public access. So,thank you. Jeff Hodgson: Thank you. Are there any questions for Ms. Pope? Thank you. Bernice Pope: Thank you. Jeff Hodgson: Do we have any other speakers? Eddie Bourdon: I will just reiterate. There has been no use of this particular private right-of-way as at trail. Everybody who has lived there any length of time has confirmed that. The trail was to the west. Again, Ms. Pope's concern is about the City making sure there is not an opportunity being lost. I don't have any concerns with staff reviewing this between now and City Council to determine whether they think this is a potential trail. Frankly,we are quite confident it is not a good location for one. It is not appropriate location or a safe location for a trail, in our view. Jeff Hodgson: Thank you. Eddie Bourdon:Thank you. Jeff Hodgson: Are there any question for Mr. Bourdon? Thank you. Phil Russo: Mr. Chairman,that is all the speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion amongst the Commissioners. Would anyone like to start? Would anyone like to make a motion? i III Item#17 & 18 Holly Road, L.L.C. and Dr.Jack Siegel & Lisa A. Bertini Page 4 Bob Thornton: I'll move that these two items be approved as submitted by the staff. Jeff Hodgson: A motion made by Vice Chairman Thornton to approve agenda items 17 & 18. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: Seconded by Commissioner Oliver. Ed Weeden: Are we voting them both at the same time? Jeff Hodgson: Both at the same time. Ed Weeden: The vote is open AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the commission has approved items 17 & 18, Holly Road, L.L.C.,and Dr. Jack Siegel and Lisa A. Bertini for approval. .......\ ‘44...,.,............#...“'' . , 74 c•S Leil es ;t �_�i99 �i e*V 1 r . an' \ft 1 Sr 2 \\\**-- 4,-, ; 4 Q. . ,, I a J 1,,, M CU a) in 4\:\\,. rt.:3 ' Ce 44 **lot to, cd (11 Lo•— W. 1 ill m - 2 ...NC ( 0 44 gzt —� ► m(CI 11464 CI = w ...00r( 2 lit _aN t + 4 ock d 440°—.4I { IA ' CC I \ V .4 in , 1. N' ifs v- 144 +1 Li 444,a C3 V 4 u. Q q a 13 Z V/ Oot — al [ 44"""!:-.V , 4.„,,.,,J. ,.,.......„, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Dr. Jack Siegel and Lisa A. Bertini for the Closure of a 3,125 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Holly Road MEETING DATE: December 1, 2015 • Background: Dr. Jack Siegel and Lisa A. Bertini (collectively, the "Applicant") own 318 48th Street, and have requested the closure of a 3,125 Sq. Ft. portion of an unimproved right-of-way known as Holly Road (the "Right-of-Way"). The Right-of-Way proposed to be closed is situated between 48th Street and a 15-foot unimproved alley. The Applicant and the adjacent property owner have each submitted an application to close one-half of the unimproved right-of-way area between their respective parcels. If the two applications are approved, each would resubdivide their property to each incorporate one-half of the closed portion of Holly Road into their existing parcels. • Considerations: The Right-of-Way is unimproved and there are no plans to improve it. The Applicant currently encroaches into the Right-of-Way, including concrete driveway, walkways, landscaping, fencing, and a shed. Further details pertaining to the street closure, as well as Staffs evaluation of the request, are provided in the attached staff report. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the Request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 1 II 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval will be considered null and void. • Attachments: Ordinance 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 fi4 City Managerii__. C.1'.1- 1 ORDINANCE APPROVING APPLICATION 2 OF DR. JACK SIEGEL AND LISA A. 3 BERTINI FOR THE CLOSURE OF A 3,125 4 SQ. FT. PORTION OF UNIMPROVED 5 RIGHT-OF-WAY KNOWN AS HOLLY ROAD 6 7 WHEREAS, Dr. Jack Siegel and Lisa A. Bertini (collectively, the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed and 21 vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (3,125 FT. OR 0.071 AC)", shown as the hatched area on 28 that certain exhibit plat entitled: "STREET CLOSURE 29 EXHIBIT OF THE EASTERN 25 FEET OF HOLLY ROAD CA 30 PUBLIC RNV) (FORMERLY 3RD STREET) BETWEEN 48'H 31 STREET AND A 15 FOOT LANE (M.B. 6, PG. 107) 32 VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', dated July 28, 33 2015, prepared by wpl, a copy of which is attached hereto as 34 Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City Council's 39 adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 2418-87-1833 47 Pursuant to Street Closures," approved by City Council. Copies of the policy are 48 available in the Planning Department. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcel. The plat must be submitted and 52 approved for recordation prior to the final street closure approval. 53 54 3. The Applicant shall verify that no private utilities exist within the right-of-way 55 proposed for closure. Preliminary comments from the utility companies indicate there 56 are no private utilities within the right-of-way proposed for closure. If private utilities do 57 exist, easements satisfactory to the utility company must be provided. 58 59 4. Closure of the right-of-way shall be contingent upon compliance with the 60 above stated conditions within three hundred sixty-five (365) days of approval by City 61 Council. If all conditions noted above are not accomplished and the final plat is not 62 approved within one (1) year of the City Council vote to close the right-of-way, this 63 approval will be considered null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before November 30, 68 2016, this Ordinance will be deemed null and void without further action by the City 69 Council. 70 71 2. If all conditions are met on or before November 30, 2016, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "JACK SIEGEL" and "LISA A. BERTINI, as 84 "Grantee." 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL / SUFFICIENCY: PI.nning iepartm:nt City Attorney CA13444 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D021\P018\00168141.doc R-1 November 20, 2015 EXHIBIT A FLOOD ZONE 'x' (OUTSIDE) 15' LANE (15' PUBLIC RIG/IT-OF-WAY)(UN/MPRO E D)(MAP BOOK 6, PAGE 107) PIN scrd E np °4' 5'♦4 96' WOOD FENCE . 96WOOD FENCE �" V FLOOD ZONE•' IDE R 0.66' INSIDER 0.43' i O X'i(I/VSIDE) ` 2.01' �� . � APPROX. LOCATION OF------->-'` � FRAME `P 4$ DO Gj 1000 ZONE SEPARATION FRAME PAVER RIAYHOUSE--�_�IJ�4,q Q LINE PER FEMA PANEL SHOWER 1. ♦. COMMUNITY PANEL N0. ALL PS 2.01' �,. Q�� 515531 00630 WOOD �`+. O JANUARY 16, 2015 U STONE PATIO ♦4►4 E N Al W_CC/ LOT-147 GROUND STEP LEVEL ��/* ' O (M.B. 6, PG. 107) ! SCREENED _ 5�11I. 1�� 2418-67-1884 PORCH ?•�, ,� N -�� 960 WOOD FENCE y{ STOOP r ,�:: ^, • CLR OF It 1.54' x SiNo �• \�O N 72" WOOD---....,*._ #318 I� 4, A FENC1 1/2-STORY FRAME ■ j%�tA�� ., �D�� 7 R ��,LTH OF 960 W0 DRF NC-1 HVAC UNIT �,: S :P h O 7 R / C7 ,� N . .I 4 ' WOOu 41 �/ ' ^ CHIMNEY ,.- E J O ( �N O WILLIAM R. PRITCHARD)-, PORCH ••.•,a ..1 j:��!' 4 k g C..) Lic. No. 2266 a ��;��.♦. \ �' 07/28/2015 N • l 50 ' �o'Q4 25 4 LOT-148 �cTs AREA OF PROPOSED 2418-87-1833STONE WALL./ Q* • STREET CLOSURE NOTES: - (3,125 SF. OR 0.071 AC) 1. THIS EXHIBIT IS INTENDED TOGJ1AVEI :STORM 8 SAN SEWER SHOW THE AREA OF `•t. i e N : I MAILB X MANHOLE PROPOSED RIGHT-OF-WAY = = _ = = = = • -f CLOSURE AND INDEPENDENT STORM—%41 ----:\N � '�STORM EDGE OF' ASPHALT HOLE O STORM MANHOLE OF THE ASSOCIATED RECORD PAVEMENT I Fa MANHOLE DOCUMENT(S) IS NOT �� STORM DRAIN INTENDED FOR ANY THAN GENERAL REFERENCE. 8th STREET 'I 2. A TITLE REPORT HAS NOT (70' R/W) v o 'd�� BEEN PROVIDED FOR THIS (FORMERLY AVENUE D) %%IO v o „ II PROPERTY. (MAP BOOK 6, PAGE 107) O t_ -__ SCALE: 1"=30' STREET CLOSURE EXHIBIT SHEET 1 of 1 — — OP JULY 28, 2015 THE EASTERN 25 FEET OF T- - HOLLY ROAD (A PUBLIC R/W) -_ _ I - (FORMERLY 3RD STREET) BETWEEN 48TH STREET AND A 15 FOOT LANE (M.B. 6, PG. 107) Lange tecta�e VIRGINIA BEACH, VIRGINIA 9 LCIA Engineering wpa�d* 242 MEWS St I .SIE I tIKIM 757.431.1041 NI 23152 CAD/chk: MRB/torp CITY OF VIRGINIA BEACH, VA I F.H.1001 P.42-49 J PLAT:H-73 I IN:215-0066 65.70 d/.DAII 11/CLI _7°- \` 17 & 18 \% 15vb:A. \ \ eu 3J ars �aS• s October 14, 2015 Public Hearing _ APPLICANT: �aaJ. • a 'J 15.70 a8 ONAICN= - HOLLY ROAD, LLC I Px40 ��/ 1b7,03 Street Closure /EACH DISTRICT Dr.Jack Siegel&Lisa Bertini ICJ w -- ( i - `. 6S 7a d/070 1(Lr See-Area 3) -1 \._ APPLICANT: . .,J' 1 :\C1114.11 � (18) Mali '"✓'�-_ .. ., �i 4 D R. JACK SIEGEL & LISA A. BERTINI 53-11)d/DM AIGR - - 5 :Aea3, Mia -.- Street Cort. STAFF PLANNER: Stephen J. White REQUEST: Discontinuance, closure and abandonment of an unimproved section of Holly Road between 48th Street on the north and a 15-foot wide unimproved alley on the south ADJACENT GPINS: ELECTION DISTRICT: SIZE: AICUZ: 24188718330000 BEACH 6,250 square feet 65 to 70 dB DNL 24188708310000 (Sub-Area 3) 4 0 BACKGROUND / DETAILS OF PROPOSAL This request is for the closure of a 50-foot by 125-foot unimproved portion of the Holly Road right-of-way. The property owners on the east and west sides of the right-of-way have each submitted an application to close the 25-foot wide half of the right-of-way adjacent to their property. Should these two applications be approved, each adjacent half would be added to the area of the applicant's existing lots. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 1 This portion of Holly Road was created by deed in 1884 as part of"The Hollies." In 1921, a plat was recorded at Map Book 6, Page 107, affirming the 1884 deed. The right-of-way now known as Holly Road was designated as 3rd Street on the 1921 plat. The right-of-way has never been improved. The property to the west of the right-of-way is undeveloped and owned by Holly Road, LLC. The property to the east is occupied by a single-family house, and the adjoining right-of-way is used as if it is part of the yard area of the house. A concrete driveway, walkway, lawn, fence, and shed are located within the right- of-way. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The right-of-way is undeveloped with the exception of the eastern portion, which is being used as part of the yard for the adjoining single-family house. SURROUNDING LAND North: • 48th Street USE AND ZONING: • Single-family dwellings/ R-7.5 Residential District South: • Unimproved alley • Single-family dwellings/ R-7.5 Residential District East: • Single-family dwelling /R-7.5 Residential District West: • Undeveloped lot/R-7.5 Residential District NATURAL RESOURCE AND The western half of the right-of-way contains mature trees and CULTURAL FEATURES: understory vegetation. The site is located within the Chesapeake Bay watershed. There do not appear to be any significant environmental or cultural resources associated with the site. 4 • IMPACT ON CITY SERVICES PUBLIC WORKS-TRAFFIC ENGINEERING, OPERATIONS: There do not appear to be any City plans or intention to develop this right-of-way as an improved street. PUBLIC UTILITIES,WATER&SEWER: There do not appear to be any City water or sewer services within this right-of-way. PRIVATE UTILITES: Preliminary comments from the private utility companies indicate no facilities within this right-of-way. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 2 4 EVALUATION AND RECOMMENDATION The closure of this portion of unimproved right-of-way is acceptable. The right-of-way has remained in an unimproved condition for over 100 years, and there are no plans to improve it. Closure of the eastern half will provide the owners, upon purchase from the City, an additional 25 feet in lot width and 3,125 square feet of lot area. This application will also legitimize the use of this portion of the property which is currently an encroachment into a public right-of-way. Finally, it will significantly reduce the setback requirement for the western side yard. The minimum required side yard setback adjacent to a street(or public right-of-way) is 35 feet in the R-7.5 Residential District;the side yard setbacks to an adjacent residential lot are 5 feet and 10 feet. Closure of the western half will add an additional 25 feet in lot width and 3,125 square feet of lot area. Additionally,just as with the lot to the east of the right-of-way, the side yard setback requirement will be reduced from 35 feet to 5 feet and 10 feet, providing greater flexibility to the design of the building and site should the property be developed. Staff recommends approval of this request with the conditions below. 4 • CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. HOLLY ROAD, LLC DR. JACK SIEGEL &LISA BERTINI Agenda Items 17 & 18 Page 3 NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 4 • 1 .ted tit ♦ •�. } � t � `.. 'T ti". F low V't,L ,I t,i �. 1.'I -A s it .ff ''"$`' ,, c. i . '-'-' ' t � .. :e ti qo oma" iklipec. ' ' o , • N 1 ____,....,%;E:4) . _'� •p ' � " ` :t •11\1. .x ! '� i -4:, l ' .-a' ' . tl ` ' k r V [ aa + Y 4� 4 A .# C -- C } t � .'...-„k, ' \,,,,,,t„,,,,,,,,,, _ `ice i #N4� f"Y ,. ! wk ` 1 - r '7'� `` y* S• )9� " e e s .' "4,‘\ 4/44 : . ,,,., L,,,-:-.., ,,,,.....„,:, ., ..,„ r A 9,4' .� < i Yhr _ ...0,--2.-.....1,,- Ti R'... x „,,.1- . , 4 ., N: .,,,,, ,. . ., ,, , ,. 4 ` ..,. ..,. .,.. . . -6,--- ' -'- 7$1'. "i• rk,::. -' . ..014441. - _....--, ,-. .,,p,, •,,,,,,,,....; „,.. 4 .*4 'L j . ' .'_ -- .. '., 3 '- ” A is v7 ' t:Y ays A iii *L., Ey ` �.y ., .. �1�Y Alt \,,,,_.,,c ` \, jam+ '�} n _. gay r AERIAL OF SITE LOCATION HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 5 / FLOOD ZONE X' (OUTSIDE) 15' LANE (15'PUBLIC RIGHT-OF-WA Y)(UNIMPROVED)(MAP BOOK 6, PAGE 107) PIN p 144 96'WOOD FENCE.' 96 WOOD FENCEJ+�► 25'•. FLOOD ZONEThD� -0.66'V 1 INSIDER 0.43' .�.�.�♦�:�'p XI(INSIDE) 2.01'4 ►�r. APPROX. LOCATION OF FRAME ,�.96NWO'Dq 000 ZONE SEPARATION RAME R1AYtf0=SES `��t.�.♦, Q� I LINE PER FEMA PANEL SHOWER PAVER — 44,•4 COMMUNITY PANEL NO. TALL STEPS Om 2.01' F,.�♦♦1 IN HjaON 515531 00630 rr000 JANUARY 16, 2015 ROUND STONE PATIO �� EN} HLOT-147 _ cL tfI��i It (M.B. 6, PG. 107) 14.1 1 2418-87-1884 sPORCH • 1•IV�I N 96' WOOD FENCE-+{ �'9�, ,. 1 CLR OF R 1.54' STOOP ,��.�.,`72°WOODS IX318 (`7�� FENCE 4 •fr1 1/2-STORY FRAME ■ 'i�` ev.: E OLTH Of,ii. 96°WOOD FENCEHVAC UNIT ►1, F• S :t$' � LCLR OFR 1.6T 4k • 1s CHIMNEY , CCtt,E,,, J oWILLIAM R. PRITCHARD PORCH .,.,.., pli.`� j 0 ULic. No. 2288 Y d��'��07/29/2015 �' ® �14, suRN 90. 50' mop--..25' jL®T-148 fid' _ AREA OF PROPOSED 2418-87-1833 d` �' STONE WALL 44. STREET CLOSURE NOTES: �— • ... . (3,125 SF. OR 0.071 AC) 1. THIS EXHIBIT IS INTENDED '0 ::, '-:STORMsrm ............. O SAN SEWER ®..:.' .•Cf3AVEL . yt .N.,, .. , MAILBOX MANHOLE SHOW THE AREA OF .. - PROPOSED RIGHT-OF-WAY = = = = = = = -�' CLOSURE AND INDEPENDENT sroRM O o STORM 7-)STORM EDGE OF ASPHALT HOLE u MANHOLE OF THE ASSOCIATED RECORD PAVEMENT 1 �� MANHOLE DOCUMENT(S) IS NOT ,4 ,� y STORM DRAIN INTENDED FOR ANY OTHEfj¢ STREET ko II THAN GENERAL REFERENCE. 2 A TITLE REPORT HAS NOT (70' R/W) o II BEEN PROVIDED FOR THIS (FORMERLY AVENUE 0) --.1:_,V II PROPERLY. (MAP BOOK 6, PAGE 107) �®` �m I I I I SCALE: 1"=30' STREET CLOSURE EXHIBIT SHEET 1 OF 1 OF JULY 28, 2015 ; .,"— THE EASTERN 25 FEET OF --x -1.„-,--„4:T= HOLLY ROAD (A PUBLIC R/W) (FORMERLY 3RD STREET) BETWP N 48TH STREET ANDA 15 FOOT LANE x. .. "�=-4 (M.B. 8, PG. 107) VIRGINIA BEACH, VIRGINIA on scope Architecture Land CNe Engineering ring ;Mineral �757An3W1+1>03811 CAD/chk: MRB/wrp CITY OF VIRGINIA BEACH, VA 1F.H.1001 P.42-49 I PLAT:H-73 IIN:215-0086 STREET CLOSURE SURVEY FOR DR. JACK SIEGEL AND LISA BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 6 15' LANE (15' PUBLIC RIGHT-OF-WAY)(UNIMPROVED)(MAP BOOK 6, PAGE 107) I • •25'y`• 50' a �♦�' • AREA OF PROPOSED CI) ��* STREET CLOSURE j O :♦:♦��/ (3,125 SF. OR 0.071 AC) LOT 149 r .*A*. OODED LOT -- H1aoN LOT-148 :• �� N. /�— (M.B. 6, PG. 107) �(1 Q ♦�♦�♦ NO BUILDING 2418 87-1833 kQ �4] h h 2 0 iro �� 2418-87-0831 9,'m 401,THOF m vN ,' ( 7 RA. ' O` ,� O WILLIAM R. PRITCHARD a ` Lie. No. 2266 07/18/1015 { 4k' :�.��♦� 90' 147 b SURvI�oolt>� �0 . 25�` ` 50' SANITARY CLEANOUT @Q�c WOODS LINE FOR LOT 148 sAr+SEWER O NOTES: .*71",.. DRAIN MANHOLESTORM SAN TELEPHONE S''___ _y, PEDESTAL i. THIS EXHIBIT IS INTENDED TO - = — sroRM STORM PIPE M SHOW THE AREA OF HOLE STORMANHOLE STORM PROPOSED RIGHT-OF-WAY /, I STORM DRAINCLMANHOLE OFSURE -,4 ASSOCIATAND DEDP REDCORD ENT 48t STREET e o DOCUMENT(S) IS NOT (70' R/W) Q W INTENDED FOR ANY OTHER (FORMERLY AVENUE 0) (t.�c� 5 THAN GENERAL REFERENCE. (MAP BOOK 6, PAGE 107) �s c. 2. A TITLE REPORT HAS NOT " us BEEN PROVIDED FOR THIS "410 PROPERTY. 0�W m SCALE: 1"=30' STREET CLOSURE EXHIBIT SHEET 1 OF 1 JULY 28, 2015 OF THE WESTERN 25 FEET OF HOLLY ROAD (A PUBLIC R/W) (FORMERLY SRD STREET) - BETWEEN 48TH STREET AND A 15 FOOT LANE s _` Z- ._ (M.B. 8, PG. 107) :-.1-,T-,-,?-,--._ _ VIRGINIA BEACH, VIRGINIA lincjetope 9iiecture rplelte corn 4 757.431.1041 212 I8JSTME 11 L 511 8 IVZV Wt VA 23452 CAD/chk: MRH/wrp CITY OF VIRGINIA BEACH, VA 'F.H.1031 P.54-55 IPIAT:H-73 UJN:215-0088 STREET CLOSURE SURVEY FOR HOLLY ROAD LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 7 SIEGEL& BERTINI HOLLY ROAD LLC it iN4 . 's s ; O- [4T. • -� SSo `* `N .yah t Google .'ti., _., - e-. _ _ -kip .,{: ±rte ,.,, HOLLY ROAD RIGHT-OF-WAY PHOTOGRAPHS OF EXISTING RIGHT-OF-WAY HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 8 BEACH DISTRICT 7J� Holly Road LIC 33 z99 314 R'-`7 i .' N t ' \ 4013461 L g 65-70 dB DN:L AICUZ i i it 484 i'.4M •, ' iV s (Sub-Area 3) ,901 1 \,i 400 R iS'.. \ \ "\ 1 .--�' \ "y R ` ..4i `� ' ' t \ .p \ 313 \ 311 1 1 317 416 ; \ `" C1 ` - G i` i . 4� +4t 4600 0. 4801 :h Street , K ; ' ' i, 415 4" ' R-7.5 30.399 - 300 304 419 .. ',, ,, , 1 ' 306 ...,1 ' t t 1 '1�R45 T 1.,t 't ` 5{ - ,` \ • 1 314 1 \ 1 ` s 318 ♦1''�316 ,� \ ;1 1 . 7� \ 1 ii `, 216 411 a Y.�2 1 ' t 224,1 220 '1 320 ? l 'k ;1, i RIM, 228 ''i, T 1 '4 i 240 236 114140 414 ';300-A t t 244 4 202 t 248 :1 i rt,_„op 300 1_ y0" R jtt , i I 3304 0: 44 i L 221 217 1 ! 310 l: a 1 1 t 229 \1 s RaFf5 65-70 dB DN!AICUZ ,6e "4 ti 24+ 22s (Sub-Area 3) aY° o"-.1.-4,, es \ R. `7- 303 305 0�, a64 ¢p a gm 1,,311 R S":, 305 p_� 1 3134 tIy t 0 �� .:: 4601 .e1H s'S Street Closure 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 03/23/1999 STC Approved 2 08/09/2000 REZ(R-40 to R-7.5) Approved ZONING HISTORY HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 9 INE Virginia Brae 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 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 j APPLICANT DISCLOSURE 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 14 Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR Ct V USE ONLY/41' sc'.'sta s �.i+!1C t pJa. t�o t a;s Cr ,a•ry Page 1 of 4 ! s., •,, 1_ uv_'ul ti at r i'a S i• a; 1 LIC! ci id APPLICANT NOTIFIED OF HEARING nA,, lg No CitANGES AS OF 10/1/2015 © _ REVISIONS SUBMITTED DISCLOSURE STATEMENT- HOLLY ROAD, LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 10 litie Baal 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) Holly Road,LLC:George McGuire,Jr.,President;Sarah M.Whitmore,Vice President/Secretary;Mildred W.McGuire,Treasurer (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 footnotesi and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 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) City of Virginia Beach,a municipal corporation of the Commonwealth of Virginia: James K.Spore,City Manager (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- HOLLY ROAD, LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 11 Vinink t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return n z Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than C the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Iii purchaser of the subject property I/� (identify purchaser(s)and purchaser's service providers) n Construction Contractors zEngineers/Surveyors WPL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT- HOLLY ROAD, LLC HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 12 "4` ]. 4 s 's'"( `� d d s 4t^. �4�.Y 4. c*E Com- :' •,fit`-9 `p • } h C.. yy 1 4 1 ✓`�� fie.' , ,:+ i" „i +"'i' ' 1 , r• 1"- P T.,.F.,,P b t"Ttl,4 s s '` n, y '"Ft,2 Y iF•I,- , , ,„ `` e • "tm sy�a� �£ •d"f t DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City ; Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDLP) Board of Zoning Encroachment Request Rezoning A••eats Certificate of Floodplain Variance -3 Appropriateness Street Closure (Historic Review Board) Franchise Agreement r Chesapeake Bay P Preservation Area I Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 /APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or i-OOR CITY USE ONI r 7 ': c ,'_.,.._ .,,, sen rte•, '�. • A.,i tE-:- r- Page 1 of 4 Plan =n. "11,11 r. '.I -,[ .L,LAtt•.i e t ;u Inst rtta.i_ :.!1' ,F'"•'''t.�:,5, _® - APPUCANT NOTIFIED O#HEARING �_.._i Cte T.F _ ® NO C.HANGrS AS OF �. r',ATE 9/29/2015 I o REt ISIONS SU?.1.iITTEU I Ir.7F DISCLOSURE STATEMENT— SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 14 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) Jack Siegal&Lisa A.Bertini,husband and wife • (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 footnotest and 2 ..r.....�.�.._...__....._ 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) City of Virginia Beach,a municipal corporation of the Commonwealth of Virginia: James K.Spore,City Manager (B) List the businesses that have a parent-subsidiary t 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— SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 15 , • tas I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business 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) CX Accounting and/or preparer of your tax return I I ( Architect/Landscape Architect/ " Land Planner Contract Purchaser(if other than ri xi the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Czpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) u I^I Construction Contractors l5\' I I Engineers/Surveyors WPL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT—SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 16 • cv Virginia Bench Financing(include current ❑ 11 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CC Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/Agents for ® ® current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I I pian 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 I complete,true,and accurate. I I understand that, upon receipt of notification that the application has been `, scheduled for public hearing,I am responsible for updating the information provided 'rr i herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an public bo• • committee in connection with this Application. C__ />i Jack Siegel `7/g/is- ......- APPLICAN IGN •,'M� PRINT NAME 4, ,� DATE • _Lisa A. Bertini 7-Af PPROPE OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT— SIEGEL & BERTINI HOLLY ROAD, LLC DR. JACK SIEGEL & LISA BERTINI Agenda Items 17 & 18 Page 17 Item#17& 18 Holly Road, L.L.C. and Dr.Jack Siegel& Lisa A. Bertini Street Closure Unimproved portion of Holly Road, South of 48th Street District 6 Beach October 14, 2015 REGULAR Jeff Hodgson: Mr. Russo, please call the first item. Phil Russo:The first items on the agenda are items 17 & 18. An application of Holly Road, L.L.C.for discontinuance,closure and abandonment of an unimproved portion of Holly Road, south of 48th Street, District 6, Beach. Item 18 is an application of Dr.Jack Siegel and Lisa Bertini for the discontinuance, closure and abandonment of an unimproved, 50 x 125 feet portion of Holly Road,south of 48th Street, District 6, Beach. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Russo. For the record, Eddie Bourdon, a Virginia Beach attorney, representing both applicants. I am going to take a second to digress and I want to mention the change to the north end zoning,the overlay. I want to say that Karen was being much too modest today. She and her staff, all the way back to Faith Christie, have put a tremendous amount of time and effort into these amendments, along with Geri West and Doug Cleaver,who are two architects who put a lot of volunteer time along with Dave Jester, Chris Ettel, and Billy Almond. It is a phenomenal change that is moving in the right direction. We have done probably 15 to 20 modification of non-conforming uses. They didn't come to Planning Commission because they all went straight to City Council; however, all were approved on consent agendas, and everybody loved what the result was. So,that is a great,and a great change to the north end. Jeff Hodgson: Thank you for pointing that out. Eddie Bourdon: The staff put in countless, hours over many years,and I didn't get as many calls as Karen did, but I got quite a few when those notices went out. It is a good thing. Okay,this application involves a paper street on the south side of 48th Street. The portion of it between 48th and Bay Colony or 47th Street.The application was on consent so I won't go through it all. Bernice Pope had contacted me last week when I was out of town,and I greatly appreciate that. I spoke to her yesterday, and I suspect she is the only person who is here to speak in opposition, and I don't want to say opposition. Ms. Pope, and I don't'want to put words in her mouth, understood or believed there had been a path through here,which is completely not the case. I have confirmed from numerous sources that there was a path. It may still be to the west of what was the McGuire residence, I believe, Richard Kellam is living in the house now, but at the top of the hill. It came down and across a third of the lots onto 48th Street about 50 feet from the dead end. Kids went through there. I've had Mike Penders and some people who said they used to ride through there all of the time, but never, has there been any improvement in terms of any kind of a path. It is also very steep,and at this point, is completely over grown as it pertains to the west side. Dr. Siegel and Lisa Bertini own this home, but they don't live in it. They intend to renovate and move here. They live elsewhere in Virginia Beach at this juncture. This additional land will allow them to build a nicer redevelopment of this piece of property.Your reviewers have Item#17& 18 Holly Road, L.L.C. and Dr.Jack Siegel & Lisa A. Bertini Page 2 recommended approval, as well as your staff, and have not seen the need for there being any preserved area for a potential future trail through here. If, between now and City Council,the City decide there should be a path there, I talk to both of my clients; however,they don't think it is the right place for one. We all think connectivity is a good idea, but don't believe this location,after 130 years this paper street has been on the records, is an appropriate location for it. But again, I don't have any objection to staff taking another look at it and if they think it is a good idea to preserve a little bit of land down the middle for a trail,we can live with that. I don't think it is the right place for it. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Phil Russo: Our first speaker in support is John David. John David: Mr. Chairman and members of the Commission,thank you for allowing me to speak to you today. My name is John David, and I live at 410 48th Street. I'm a direct neighbor of Holly Road, L.L.C. and the are three unimproved lots. The path which Mr. Bourdon talked about did in fact exist. My house sits on top of it and I don't have any intention of giving it back. That path came down,as Mr. Bourdon showed,and proceeded right through where my house sits now, which is another unimproved closed portion of Holly Road. It closed about 15 years ago,which gave me the opportunity to live in the North End. Dr.Siegel and Constance Bertini, Holly Road, L.L.C., Dr. McGuire and Millie McGuire, his wife, have been wonderful neighbors. I have the highest personal regard for them,and fully support the closure of this unimproved portion of Holly Road so that they may further improve their lots. You will hear one person come up in opposition,and that is why I'm here to show you that the neighborhood supports this.This is a good thing for Virginia Beach and for 48th Street. Like I said, I live in my home in the North End because Holly Road was closed. I think these folks also have the right to have that closed. I think it will benefit the City because Virginia Beach will be get revenue with the sale of the lot. And taxpayer assessment will obviously go up,creating more revenue for our upcoming budgetary shortfall. I think it will be a great thing that we get more revenue. I have a couple of more points. R-7.5 as you know is 150'x 1.25'. If you put 25 more feet in a lot, now you can build a nice "good sized" home, without building up a heap. For the record, I live in a behemoth, 30'x 53'story structure,which is not a real attractive piece of property. There is one being constructed on 48th Street right now. It is a three story behemoth between two original beach cottages, and it destroys the flavor of the Old Beach in the North End. If we grant his closure,and they could extend their lots to a 75 foot width,they could build a big home without building a behemoth,which would be more in line with the North End,and more aesthetically pleasing to myself, and all of the neighbors. Lastly,we have the development of the woods. Right now the woods are a hazard. I don't know if any of you have every walked up and put your trash out and met with a man with a machine gun, I have. Virginia Beach SWAT team, apprehended a fugitive that camped out in those woods. It is kind of scary. About six weeks ago,we had the police get rid of vagrants, and drug abusers that camp out in there, so we would like to see a good development go on in those woods that would eliminate the hazards for my kids and family. I provide my strongest support for Dr. Siegel and Constance Bertini and the Holly Road, L.LC.,to close this section of unimproved Holly Road and increase their lots. Jeff Hodgson: Thank you. Are there any questions for Mr. David? Thank you sir. Item#17 & 18 Holly Road, L.L.C. and Dr.Jack Siegel & Lisa A. Bertini Page 3 John David: You're welcome. Phil Russo: Our next speaker is in opposition. Bernice Pope. Jeff Hodgson: Good afternoon. Bernice Pope: Good afternoon. My name is Bernice Pope, and I live on 44th Street,which I have lived there since 1980. This street closure has been brought to my attention because I am on the Committee at the North End for the Zoning Review board. I have expressed a concern at that particular time to Billy Almond and the other members of the Board. In my experience living on 44th Street for 35 years, I've used that particular walkway, not in recent years, but in the past. That is an excellent way for the residents at the North End to have connectivity to go between the roads, and to get up and down the North End of the beach without going on Atlantic Avenue. So, my concern was just to look at that, losing the connectivity, not only this particular paper street, but all across the North End. I don't know how many cut through paths we have. There are several paper streets that have never been used, but we get bikers,get walkers,and people using them to cut through. I have to say,that with the encroachments on that property over the years, it has gotten overgrown. There is another place on 48th Street. I walk the same trails basically,going through the back roads up to the state park and I have lost two or three different connections because of development. So,that is what I wanted to bring to your attention, and let you know that these particular paper streets have been used,and are still being used today,for public access. So,thank you. Jeff Hodgson: Thank you. Are there any questions for Ms. Pope? Thank you. Bernice Pope: Thank you. Jeff Hodgson: Do we have any other speakers? Eddie Bourdon: I will just reiterate. There has been no use of this particular private right-of-way as at trail. Everybody who has lived there any length of time has confirmed that. The trail was to the west. Again, Ms. Pope's concern is about the City making sure there is not an opportunity being lost. I don't have any concerns with staff reviewing this between now and City Council to determine whether they think this is a potential trail. Frankly, we are quite confident it is not a good location for one. It is not appropriate location or a safe location for a trail, in our view. Jeff Hodgson: Thank you. Eddie Bourdon:Thank you. Jeff Hodgson: Are there any question for Mr. Bourdon? Thank you. Phil Russo: Mr. Chairman,that is all the speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion amongst the Commissioners. Would anyone like to start? Would anyone like to make a motion? Item#17 & 18 Holly Road, L.L.C. and Dr.Jack Siegel & Lisa A. Bertini Page 4 Bob Thornton: I'll move that these two items be approved as submitted by the staff. Jeff Hodgson: A motion made by Vice Chairman Thornton to approve agenda items 17 & 18. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: Seconded by Commissioner Oliver. Ed Weeden:Are we voting them both at the same time? Jeff Hodgson: Both at the same time. Ed Weeden: The vote is open AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the commission has approved items 17 & 18, Holly Road, L.L.C.,and Dr. Jack Siegel and Lisa A. Bertini for approval. 11441 fir 7i, tt +J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands. MEETING DATE: December 1, 2015 • Background: Farm Stands are currently a conditional use in the 0-2 Office District. Although an unusual use in an Office District, farm stands were added to this zoning category in order to retain Stoney's Produce in the First Colonial Road corridor when the original location of the farm stand was acquired for Linkhorn Park Elementary School. The amendment proposes changes to the existing regulations as follows: 1. Section 801 currently limits the size of a farm stand to 1,000 square feet. The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally-related products, as defined in Section 401(e) pertaining to the Agricultural Districts, can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified on the site plan. 4. The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted. • Considerations: The proposed amendment brings the regulations on farm stands in the 0-2 Office District more into alignment with the regulations for farm stands in Agricultural Districts. There was no opposition to the proposed amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this amendment to the City Council. • Attachments: Ordinance Staff Report Minutes of Planning Commission Hearing City of Virginia Beach Farm Stand Amendment Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manage . 1 AN ORDINANCE TO AMEND SECTION 801 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE REQUIREMENTS FOR 4 FARM STANDS 5 6 SECTION AMENDED: § 801 of City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 801 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 8. OFFICE DISTRICTS 19 20 . . . . 21 22 Sec. 801. Use regulations. 23 24 (a) Principal and conditional uses. The following chart lists those uses permitted within 25 the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office 26 districts shall be permitted as either principal uses indicated by a "P" or as 27 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 28 prohibited in the respective districts. No uses or structures other than as specified 29 shall be permitted. Use 01 02 Roadside Farm stands for the sale of agricultural products, provided that: (11 the size of the stand shall be determined by the Conditional Use Permit; Ae ' - - - ... - -- -- - - ; (2) only agricultural and agriculturally-related products, as defined in Section 401 (e) of the City Zoning Ordinance, shall be sold at the farm stand; no such stand shall X C be located within fifty (50) feet of any street; (3) all portions of the property used for agricultural purposes including, but not limited to, the growing of crops or the raising of farm animals shall be identified in the Conditional Use Permit; the operator of such stand shall be the owner or operator of the property on which the stand is located; and (4) One parking space for every 250 square feet of covered farm stand sales area shall be provided, unless special conditions warrant a modification identified in the Conditional Use Permit. no less than fifty (50) percent, by value, of the products offered for sale at the stand shall 30 31 . . . . 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: ,i)Hr .)441,04 M Matel Planning Deparment City Attorney's Office CA13423 R-2 August 21, 2015 2 23 October 14, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - FARM STANDS REQUESTS: An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands. • • SUMMARY OF AMENDMENT Farm Stands are currently a conditional use in the 0-2 Office District.Although an unusual use in an Office District, farm stands were added to this zoning category in order to retain Stoney's Produce in the First Colonial Road corridor when the original location of the farm stand was acquired for Linkhorn Park Elementary School. The amendment proposes changes to the existing regulations as follows: 1. Section 801 currently limits the size of a farm stand to 1,000 square feet. The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally-related products, as defined in Section 401(e) pertaining to the Agricultural Districts, can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified. 4. The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted. • RECOMMENDATION The proposed amendment brings the regulations on farm stands in the 0-2 Office District more into alignment with the regulations for farm stands in Agricultural Districts and is recommended for approval. CITY OF VIRGINIA BEACH / Farm Stands Agenda Item 23 Page 1 Item#23 City of Virginia Beach An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands October 14,2015 CONSENT 1. Section 801 currently limits the size of a farm stand to 1,000 square feet.The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally-related products,as defined in Section 401(e) pertaining to the Agricultural Districts,can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified. 4. The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 23. AYE 11 NAY 0 ABS 0 ABS 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 23 by consent. Karen Lasley appeared before the Commission. I II L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL COMMUNITY SERVICES BOARD—CSB HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATIONART—TRUSTEES I I I 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 ****************************** 12/1/15 st 2015 CITY COUNCIL MEETINGS December 8, 2015 Informal/Formal Sessions City Council Vacation December 9-January 4, 2016 2015 CITY HOLIDAYS Thursday, December 24 Christmas Eve (half-day) Friday, December 25 Christmas Day Friday, January 1 New Year's Day CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 4-5, 2016 8:30 AM to 5:00 PM I II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/17/2015 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y L N A O O O R S 0 R EEENSNMI 00 T R Y S E SDSNND CITY COUNCIL/SCHOOL BOARD Catheryn Whitesell, JOINT BRIEFING Director of Management Services FIVE YEAR FINANCIAL FORECAST Farrell Hanzaker, Chief Financial Officer/Schools II CITY MANAGER'S BRIEFING Bill M.Macali, Deputy City Attorney "EVENT HOMES" Karen Easley, Zoning Administrator- Planning A 11UIVN/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y B VLA-E SESSION s E N T VLF MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A INFORMAL/FORMAL SESSION Nov.3 B SPECIAL FORMAL SESSION Nov.9 N SPECIAL FORMAL SESSION Nov. 10 T VI.G FORMAL SESSION AGENDA CONSENT AGENDA VI.H MAYOR'S PRESENTATIONS Gentiva®Hospice: PROCLAMATION: Becki Sentell,RN, "National Hospice Month" BSN,Hospice Clinical Liaison Jennifer Reese, Executive Director VI.I.1 Ordinance to AMEND City Code re ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y A compliance with Code of VA: CONSENT a.EMS/Fire medical services N T b.Biennial License renewal for EMS A VI.1.2 Resolution to AUTHORIZE Amendment ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y B to EMS Permit re Reliance Medical CONSENT Transport,LLC A V1.1.3 Resolution to SUPPORT Legislation re ADOPTED 10—0 Y Y Y Y Y Y Y Y Y Y B Regional Greenhouse Gas Initiative S E N T VI.1.4 Resolution to AMEND City/School ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y A Revenue Sharing Formula Policy CONSENT E II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/17/2015 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM 4 SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y L N A O O O R S 0 R E E EN S NMI 00 T R Y S E SDSNND N T VI.1.5 Resolution to AUTHORIZE GAP ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y A Financing Program Policy for Tourism CONSENT s E N T A VI.1.6 Ordinance to AUTHORIZE PURCHASE ADOPTED 8—1 Y Y Y • Y N Y Y Y Y s oyster leases for Lynnhaven River Basin T s Ecosystem Restoration Project A E 1 N T VI.I.7 Ordinance to APPROPRIATE$460,000 to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A the Clerk of the Circuit Court CONSENT E N T V1.1.8 Resolution to APPOINT Brad C.Hudgins ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y a Assistant City Attorney,eff Nov.22 CONSENT E N T VI.l.9 Ordinance to AUTHORIZE ADOPTED,BY 10—0 Y Y Y Y Y Y YYVY A encroachments into portions of City- CONSENT owned property at Treasure Canal, 2305 E Spindrift Road N DISTRICT 5—LYNNHAVEN T VI.J.1 JAMES O. HERTZ, JR., Subdivision APPROVED/ 10—0 Y Y Y Y Y Y Y Y Y Y A Variance East of Muddy Creek Road/North CONDITIONED,BY of Drum Point Road CONSENT E DISTRICT 7—PRINCESS ANNE N T VI.J.2 JOHN/RANDI VOGEL/HUNT CLUB APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y A FARM/A-lA,LLC/A-2,LLC, CONDITIONED,BY s a Modification of Condition No.2 re CONSENT T E outdoor recreation at 2356/2388/2412/ A � T 2416/2427 London Bridge Road N DISTRICT 7—PRINCESS ANNE E D VI.J.3 PRICE HOLDINGS,LLC,CUP/change APPROVED/ 10—0 Y Y Y Y Y Y Y Y Y Y A in Non-Conforming Use re auto CONDITIONED,BY E3 repair/sales at 5059 Cleveland Street CONSENT DISTRICT 4—BAYS IDE N T I 11 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/17/2015 PAGE: 3 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DN OK MMS H L W O Y L N A O O O R S 0 R EE EN SNMI 00 T R Y S E S DSNND VI.J.4 ONPOINT SECURITY ACADEMY, APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y A s B LLC/MADIX ASSOCIATES,LLC, CONDITIONED,BY s s CUP re a vocational school at 4604 CONSENT T E Westgrove Court A I T N E D VI.J.5 JIM GOLDEN/MELISSA TEXTOR/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A MARINA SHORES REPAIR CORP., CONDITIONED,BY CUP re truck/trailer rentals/bulk CONSENT storage yard/open air market at 2865 Nr Lynnhaven Drive DISTRICT 5—LYNNHAVEN VI.J.6 SECOND SHOT, LLC/ALBERT APPROVED/ 10—0 Y Y Y Y Y Y Y Y Y Y A VINCIGUERRA,CUP re tattoo parlor at CONDITIONED,BY 5759 Princess Anne Road CONSENT E DISTRICT 2—KEMPSVILLE N T VI.J.7 LUXURY AUTO RENTALS&SALES, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A LLC/MALIBU FLORIDA HOLDING, CONDITIONED BY INC., CUP re auto sales/repair at 3783 CONSENT E Bonney Road N T DISTRICT 5—LYNNHAVEN VI.J.8 JUMP TRAMPOLINE PARK/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A GENERAL GROWTH PROPERTIES, CONDITIONED BY CUP re indoor recreation at 701 CONSENT E Lynnhaven Parkway N T DISTRICT 3—ROSE HALL VI.J.9 PRINCESS ANNE MEADOWS,LLC/ DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y A FIVE MILE STRETCH ASSOCIATES, 12/08/15,BY LLC/JAMES T.CROMWELL/LOLITA CONSENT E C.ARLAR and E.S.G.ENTERPRISES, N T INC.,Conditional COZ from AG-1/AG-2 to Conditional R-10 at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne RoadNirginia Beach National Golf Course to develop a single- family residential subdivision DISTRICT 7—PRINCESS ANNE Vl.J.10 M & K INVESTMENTS I, LLC, APPROVED AS 10—0 Y Y Y Y Y Y Y Y Y Y A Conditional COZ from B-2/B-1/R-7.5 to B- PROFERRED,BY 2 at 1081/1091 Norfolk Avenue to allow the CONSENT E lease of space in a commercial center N T DISTRICT 6—BEACH I 11 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/17/2015 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DN OK MMS H L W O YL N A O O O R S 0 R E E ENS NM I 00 T R Y S E SDSNND VI J.11 CITY ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A CONSENT a.Ordinance to AMEND the Zoning E Ordinance to ESTABLISH the N r North End Overlay/set forth special regulations for the District b.Ordinance to AMEND the official Zoning Map to ADD the North End Overlay District DISTRICT 5—LYNNHAVEN K APPOINTMENTS RESCHEDULED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A CONSENSUS BEACHES and WATERWAYS E ADVISORY COMMISSION ' N T BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/ MECHANICAL CLEAN COMMUNITY COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION A COMMUNITY SERVICES BOARD Appointed 3 year term: 10-0 Y Y Y Y Y Y Y Y Y Y B 01/01/16—12/31/18 S Carrollyn Charles Cox • N HISTORIC PRESERVATION Appointed 3 year term: 10-0 YY Y Y Y Y Y Y Y Y A COMMISSION 01/01/16—12/31/18 B James B.Wood N T L/M/N ADJOURNMENT 6:30 P.M.