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December 8, 2015 AGENDACITY COUNCIL M{YOR NILLIAAI P STSEOAIS JR, 9,I,nrX. Vlt h MAYOR I OUISR✓OMEi 811vJe-111,111aJ Al Mh.N✓AVINDAITNYORT 4,Imge ROHhRTAI DTLR, ('emmJle IJnmu1 H4RR4RA AI HENL1.1 Ynmre, 9nne A,iroa SHANNON DS KAIL, Ree. Ho11 UrtnW J JOHN D MO.U, Al 1", AMH,IA R0,V-H'A1AIOND. Kemp,nlle Dnm.(' ✓O"L UHWB—h D,emn( )L OhAHR)' IV'lL1'UN, 4,1,,, I{A/LSL 6'OOD 1.,M— Hul-15 CITY COUNCIL APPOINTEES :TYMANAUR JAMLSK .¢PORI 11]AIYOIINII M9RK1),111115' , HI A.CS'L.CC(1R-✓LRALDD B444vAN l III AUDl1OR l ).AiX11 S RhAIldd ('HNI4RK R19HHO1JLLS'hR{.VRAIM( CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 08 December 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING A. VOLUNTEER RESOURCES ANNUAL REPORT Father James Parke, Director IL CITY MANAGER'S BRIEFING 0�0- CRr HALL BULDING 2401 COURTHOUSE DRP 'L 1'IRGINI4 BEACH IIRGIA'bl?3456-9005 PHONE (15-) 395-4303 hA.r (7 5 7) 385-5669 E-ANIL Cpxnc/;u+byov rom - Conference Room - 3:30 PM A. ANNUAL AUDIT / COMPREHENSIVE ANNUAL. FINANCIAL REPORT (CAFR) / INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance Krista Edoff, Cherry Bekaert, LLP B. DRAFT COMPREHENSIVE PLAN UPDATE Barry Frankenfield, Acting Director 111. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 5:30 PM VI. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ralph Rowley, Senior Pastor Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION INTERVIEW SESSION INTERVIEW SESSION INTERVIEW SESSION INFORMAL/FORMAL SESSION F. MINUTES INFORMAL/FORMAL SESSION INTERVIEW SESSION INTERVIEW SESSION INTERVIEW SESSION G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. Proposed Exemption from Local Property Taxation by Designation — Zeiders American Dream Theater I. ORDINANCES/RESOLUTIONS 6:00 PM December 2 December 4 December 7 December 8 December 1 December 2 December 4 December 7 1. Resolution to REPEAL RES -03437 re Offshore Oil and Gas Exploration (February 23, 2010) 2. Resolution to RE -ADOPT the City Council's Policy re evaluation of Economic Development Investment Partnerships (EDIP) 3. Ordinance to DESIGNATE Zeiders American Dream Theater as EXEMPT from local property taxation 4. Resolutions re the Arena Project a. AUTHORIZE the execution of documents and TRANSFER of land to the Development Authority b. DECLARE City Council's intent that no General Fund dollars are to be used c. REAFFIRM strong and continuing support of the Tidewater Veterans Memorial and Park 5. Ordinance to ADOPT the Virginia Beach Arts Plan 2030 6. Ordinance to APPROVE the sale of School Board property for Witchduck Road Phase II and ALLOW the School Board to retain all sale proceeds 7. Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property at Pike Inlet, re a boat lift at 332 Tuna Lane DISTRICT 7 — PRINCESS ANNE 8. Resolution to AUTHORIZE re the Old Beach Village, LLC Apartments a. A non-binding Term Sheet b. The Development Authority's Incentive Agreement c. Development of supplemental documents 9. Ordinance to PROVIDE $790,000 to the Development Authority re the Bio -Medical Initiative 10. Ordinance re the Fire Department Marine Team a. ACCEPT and APPROPRIATE $192,525 in 2015 Port Security Grant funds from the United States Department of Homeland Security b. TRANSFER $64,175 from the Grants Consolidated Fund for the required local match J. PLANNING 1. DONALD L. KESSEL, for a Subdivision Variance to legally establish a lot at 5001 Blackwater Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 2. LINA MERCER and 1408 MILL DAM ROAD, LLC, for a Subdivision Variance re a deficiency at1408 Mill Dam Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 3. REED ENTERPRISES, INC. for a Modification of Proffers to a Conditional Rezoning re stormwater (approved by City Council on 10/8/2013), at Holland and Dam Neck Roads DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 4. PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G. ENTERPRISES, INC., for a Conditional Change of Zoning from AG -1 and AG -2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7 — PRINCESS ANNE [This item was deferred from November 17, 2015.] RECOMMENDATION: APPROVAL 5. MGP RETAIL CONSULTING, LLC and MARK IV INVESTMENTS, INC., for a Conditional Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business at 1136, 1203, 1205 Edison Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 6. RICHARD W. BOUCHER T/A EXCELLENCE PROFESSIONAL PAINT SERVICE and GHS II, LLC, for a Conditional Use Permit re auto repair at 3413 Chandler Creek Road, Suites 120 and 121 DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 7. KEVIN JAMISON and MISSION ENTERPRISES, LLC, for a Conditional Use Permit re: eating and drinking establishment at 501 Virginia Beach Boulevard DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 8. RADMAN RADIOLOGICAL CORP. and JOHN MOLLER. for a Conditional Use Permit re: home occupation at 2353 Fenwick Way DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL, 9. RNR OF VIRGINIA and RANDOLPH A. RAU TRUST, for a Conditional Use Permit re: auto repair at 623 First Colonial Road DISTRICT 6 — BEACH RECOMMENDATION: I:1T]TPP/.fl K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD - CSB HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT Ifyna are physically disabled m visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-0303 12/08/151b 2016 CITY COUNCIL MEETINGS January 05, 2016 January 19, 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 4515 Main Street, Suite 700, Town Center February 4-5, 2016 8:30 AM to 5:00 PM MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY COUNCIL'S BRIEFING - Conference Room - 3:30 PM A. VOLUNTEER RESOURCES ANNUAL REPOR"f Father James Parke, Director II. CITY MANAGER'S BRIEFING A. ANNUAL AUDIT / COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) / INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance Krista Edoff, Cherry Bekaert, LLP B. DRAFT COMPREHENSIVE PLAN UPDATE Barry Frankenfield, Acting Director III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION - Conference Room - 5:30 PM VI. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ralph Rowley, Senior Pastor Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION INTERVIEW SESSION INTERVIEW SESSION INTERVIEW SESSION INFORMAL/FORMAL SESSION F. MINUTES INFORMAL/FORMAL SESSION INTERVIEW SESSION INTERVIEW SESSION INTERVIEW SESSION G. FORMAL SESSION AGENDA 1. CONSENT AGENDA 6:00 PM December 2 December 4 December 7 December 8 December I December 2 December 4 December 7 NOTICE OF PORI IC iMlef F.I. Faemptlon from tayf ofeppY,tavVAI ,tA." roh on nasnay, oefemoo e, )ms ew w e C. Clfnlnl, en Al. rn nmr of AO CI(y hell emul`I gnM omf,,Al cent" V"Aor eaa, n, Y"AAA Re Cel C, „f ticu: vugmia fleece x111 na10 a puNrt nngnrn,nien in —to "IOey Merlyn Coe¢m 'Order, All", haz pmpeny lag a meet of f0 s enn ra v"n nr C, On, ,arg 0e "Oh"A , azaeszmanl a1 M80.600 end sate leges nvsessed al 11t2h w A Cop, ofa prepe"A Annie anfe on r11C In the oHly of VIA (ny Con" Al 'Alosled xr no ae re .,A-, et lyre nemmg end peeenm their v n the peapasNmpyon hg's do, gaOr r on. AnCe" nommenlo he, to VA he nIIg the CRY CI once ern 38.9303 If yoo Are ,A,—, daa>w a impalren And need eAV lane aY Into mfefing 303 hren, plaA ng opaven all I'Ver, Re., al 1811 8?e 1120 Re:, 9aata.4b Beacon, µp 122, 2013, H. PUBLIC HEARING 1. Proposed Exemption from Local Property Taxation by Designation — Zeiders American Dream Theater I. ORDINANCE SIRE SOLUTI ONS 1. Resolution to REPEAL RES -03437 re Offshore Oil and Gas Exploration (February 23. 2010) 2. Resolution to RE -ADOPT the City Council's Policy re evaluation of Economic Development Investment Partnerships (EDIP) 3. Ordinance to DESIGNATE Zeiders American Dream Theater as EXEMPT from local property taxation 4. Resolutions re the Arena Project a. AUTHORIZE the execution of documents and TRANSFER of land to the Development Authority b. DECLARE City Council's intent that no General Fund dollars are to be used c. REAFFIRM strong and continuing support of the Tidewater Veterans Memorial and Park 5. Ordinance to ADOPT the Virginia Beach Arts Plan 2030 6. Ordinance to APPROVE the sale of School Board property for Witchduck Road Phase II and ALLOW the School Board to retain all sale proceeds 7. Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property at Pike Inlet, re a boat lift at 332 Tuna Lane DISTRICT 7 — PRINCESS ANNE 8. Resolution to AUTHORIZE re the Old Beach Village, LLC Apartments a. A non-binding Term Sheet b. The Development Authority's Incentive Agreement c. Development of supplemental documents 9. Ordinance to PROVIDE $790,000 to the Development Authority re the Bio -Medical Initiative 10. Ordinance re the Fire Department Marine Team a. ACCEPT and APPROPRIATE $192,525 in 2015 Port Security Grant funds from the United States Department of Homeland Security b. TRANSFER $64,175 from the Grants Consolidated Fund for the required local match 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RES —O gAr_e REQUESTED BY MAYOR SESSOMS A RESOLUTION SUPPORTING OFFSHORE OIL AND GAS EXPLORATION WITH ROYALTY PAYMENTS TO ATLANTIC COAST STATES WHEREAS, the Commonwealth of Virginia imports more electricity than all but two other states, and WHEREAS, according to the Department of Interior -Mining Minerals Services, as much as 3.25 billion cubic feet of natural gas may be located off the coast of Virginia; and WHEREAS, the Department of Interior is in the process of considering the leasing of Block 220 off the coast of Virginia for offshore oil and gas exploration; and WHEREAS, there are several bills in the General Assembly of Virginia promoting the exploration and possible production of oil and gas from those fields; and WHEREAS, the development of an offshore oil and gas industry would create thousands of lobs in Hampton Roads and produce hundreds of millions of dollars worth of revenue to the Commonwealth and local governments if the Federal Royalty Law was amended to allow not only Gulf and Pacific states but also Atlantic Coast states like Virginia to receive offshore royalties; and WHEREAS, the Mayor created the Alternative Energy Task Force to look at energy needs of Virginia Beach and the Commonwealth; and WHEREAS, the Alternative Energy Task Force has identified U.S.-produced oil and gas as bridge sources until alternative sources such as wind become more mature and usable; and WHEREAS, it is believed that this oil and natural gas exploration can be done in an environmentally sound manner; and WHEREAS, there are many alternative uses for natural gas for energy production, and natural gas is one of the cleanest sources of energy production. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. City Council endorses exploration for the development of oil and natural gas off the coast of Virginia in Lease Block 220, which is more than 50 miles from the coast of Virginia Beach, and 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 2. City Council endorses this development because of the need to create more American -controlled energy resources; and 3. It is the sense of Council that oil and natural gas should be developed as a bridge until other alternative energy sources such as wind and biodiesel are developed. BE IT FURTHER RESOLVED THAT: 1 City Council requests that Congress amend the legislation concerning royalty payments to states where oil and natural gas exploration occurs so that Virginia can receive royalties from this oil and natural gas development; and 2. City Council supports legislation in the General Assembly that would dedicate a portion of the royalties arising from the aforementioned production to be dedicated to transportation to improve the quality of life and the competitiveness of Virginia, and 3 City Council requests Congress to allow for royalty payments to Atlantic Coast states as is done in the Gulf of Mexico and further requests Congress to amend the royalty area maps so that the boundaries for the Atlantic Coast states are an east - west line between the states, and 4. Any offshore exploration or development must be done so as to not impact military readiness and operations so complete coordination with all defense agencies, especially the United States Navy, is paramount, and 5. The City Clerk shall provide a copy of this resolution to the City's Congressional Delegation, the City's Local Delegation to the General Assembly, and the Governor of Virginia. Adopted by the Council of the City of Virginia Beach this3a "� day of Ff2bt� , 2010. APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office C� CA11384 R-1 February 12, 2010 CITY OF VIRGINIA BEACH ITEM: A Resolution to Repeal RES -03437 Pertaining to Offshore Oil and Gas Exploration MEETING DATE: December 8, 2015 ■ Background: In 2010, City Council adopted Resolution 03437, entitled, "A Resolution Supporting Offshore Oil and Gas Exploration with Royalty Payments to Atlantic Coast States." In recent months, several organizations and individuals have urged City Council to reconsider its stance on the issue. The federal Bureau of Offshore Energy Management has proposed leases of the area off of the Mid -Atlantic between 2017 and 2022, but the area off of Virginia Beach is not scheduled to be put up for lease until 2021. The Department of Defense is now considering new guidance on where such exploration is appropriate ■ Considerations: City Council's 2010 resolution predates the Department of Defense new guidance, which has not yet been released. Offshore oil and gas exploration could significantly impact the City's attempts to diversify the City's economy, but it also could adversely affect the City's tourism industry City Council would like to consider the Department of Defense's new guidance before taking a new stance, or reaffirming its 2010 stance, on this issue. The attached resolution repeals the 2010 resolution. City Council will likely revisit the issue next year, after the Department of Defense guidance has been released. ■ Public Information: Public information will be handled through the usual City Council agenda Attachments: Resolution Requested by Councilmember Uhrin REQUESTED BY COUNCILMEMBER UHRIN A RESOLUTION TO REPEAL RES -03437 PERTAINING TO OFFSHORE OIL AND GAS EXPLORATION 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH: 3 4 That Resolution RES -03437, entitled "A Resolution Supporting Offshore Oil and 5 Gas Exploration with Royalty Payments to Atlantic Coast States," is hereby repealed. Adopted by the Council of the City of Virginia Beach this day of .2015. APPROVED AS TO LEGAL SUFFICIENCY: ,C City Attorney's Office CA13528 R-1 November 18, 2015 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Re -adopt a City Council Policy Regarding Evaluation of Investment Partnerships for Economic Development MEETING DATE: December 8, 2015 ■ Background: The City Council Policy, "Guidelines for Evaluation of Investment Partnerships for Economic Development," was adopted by City Council in 2001 and re- adopted January 14, 2014 (the "Policy") The 2014 update to the Policy focused the incentives to the City's Strategic Growth Area and Special Economic Growth Areas. The City Staff recommends updating the Policy to address issues of whether the Policy is an entitlement and the treatment of documents related to Investment Partnerships ■ Considerations: The attached resolution provides for the adoption of the updated policy. As discussed at the November 24, 2015 workshop, the updated policy provides: • The Policy is not intended to be an entitlement to the business/development community; • Documents related to an Investment Partnership created by the City staff will be made public after the City Council decides to award or not to award a contract, usually a Development Agreement, pursuant to the Policy; and • Confidential Proprietary Records provided by the private party are to be protected to the fullest extent permitted by the Virginia Freedom of Information Act ■ Public Information: This update was the subject of a City Council briefing on November 24, 2015 Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution, Exhibit A, "Guidelines for Evaluation of Investment Partnerships for Economic Development" Recommended Action: Approval — / Submitting Department/Agency: Strategic Growth Area OfficFld nc IJP City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A RESOLUTION TO RE -ADOPT A CITY COUNCIL POLICY REGARDING EVALUATION OF INVESTMENT PARTNERSHIPS FOR ECONOMIC DEVELOPMENT WHEREAS, the City Council Policy, "Guidelines for Evaluation of Investment Partnerships for Economic Development," was adopted by City Council in 2001 and re- adopted January 14, 2014 (the "Policy"); and WHEREAS, the City staff recommends an update to the Policy to clarify two issues. (i) The Policy is not intended to be an entitlement to the business/development community, and (h) The Policy should provide guidance as to the treatment of Negotiation Documents and Confidential Proprietary Records, as those terms are defined by the Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby adopts an update to the policy "Guidelines for Evaluation of Investment Partnerships for Economic Development," a copy of which is attached hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12015. APPROVED AS TO CONTENT: Strategit Growth Area Office APPROVED AS TO CONTENT partment of Flridn6e APPROVED AS TO LEGAL SUFFICIENCY Gay'Attefhey's Office CA13527 R-1 November 30, 2015 Exhibit A City Council Policy Title: Guidelines for Evaluation of Investment Partnerships for Economic Development Index Number: Re -adoption Date: Jan. 14, 2014 Date of Revision: Page 1 of 6 1.0 Purpose and Need On March 13, 2001, City Council originally adopted this policy, and it was subsequently re -adopted January 14 2014. The City of Virginia Beach has spent the last several years developing unique development plans that will shape the future of each of the City's eight Strategic Growth Areas (SGA's) and four Special Economic Growth Areas (SEGA's) This revision seeks to update the 2001 policy by focusing upon those partnerships that are consistent with the SGA's and SEGA's. 2.0 Policy Statement City Council may consider investment partnerships that meet the desirability and feasibility criteria set forth in this policy. This policy is not an entitlement to City funds for any project even if the Proiect meets the desirability and feasibility criteria set forth herein. City Asserdingly, staff is directed to follow the process described in Section 6.0 to review and evaluate potential partnerships. The ultimate decision to approve or not approve a partnership is made by the Citv Council. 3.0 Criteria: Desirable and Feasible Project A desirable project will have many, but not necessarily all, of the following characteristics' 3.1 Compliance with City Council goals. City Council has identified a diverse local economy and living choices as key for the City's future. Investment partnerships should be based upon the project's ability to meet Council's goals. Other City Council goals and objectives may be identified in the SGA Plans, the Comprehensive Plan and the Envision 2040 Plan. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 2 3.2 The project is located within a SGA or SEGA. 3.3 The private sector investment is a minimum of $30 million and acts as a building block for future beneficial development. 3.4 The project aligns with SGA/SEGA design principles. 3.5 Proximity to light rail stations. Most SGAs are within '/z mile of proposed light rail stations, and proximity to such stations should encourage successful development. 3.6 Historical financial and construction development integrity. A partner should have the financial capacity and experience that suggests the ability to complete the project. 3.7 Generates jobs and supports target industry development The Economic Development Department has identified professional, scientific, technical, information, high performance manufacturing, and headquarter and regional businesses as targeted industries. 38 Projects support pedestrian and bicycle connectivity. Walkable streets and bicycle amenities support the SGA goal of walkable, safe, and connected communities. 3.9 Offers housing stock variety. If housing is included in the project, the City has a goal of providing high-quality and affordable housing to a diverse range of households. The project must also be financially feasible for the City and the private partner: 3.10 Fiscal, economic, and/or social benefits will be greater because of a public investment partnership based on a due diligence evaluation. 3.11 A fair and reasonable return (fiscal, economic, and/or social) is provided to both the private and public sector partners. 3 12 The project will not proceed, or will not proceed at a desired quality level, "but/for" a public sector investment partnership 3.13 Partner is willing to enter into a Development Agreement that allocates responsibilities and risk. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 3 4.0 Investment Partnership Incentives Investment partnerships may take a variety of forms and require the mixing and matching of incentives The following is a list of typical incentives that may be considered in these partnerships 4.1 Annual revenue and/or fee incentive grants 4.2 Density bonuses 4.3 Establishment of a special service district (SSD) 44 Economic Development Incentive Program (EDIP) grants 4.5 Land swaps, grants, and transfers 4.6 Lease of City -owned or Development Authority -owned property 4.7 Assisted Plan Review 4.8 Public infrastructure, parking, and amenities 4.9 Sustainability and/or rehabilitation tax relief 4.10 Other incentives that may be available or considered for the partnerships 5.0 Definitions 5.1 Investment partnerships are agreements between the City or the Development Authority, and a private entity, usually a developer To leverage large scale development, generate public benefit, or increase tax revenues, the City makes a partnership with a developer enabling SGA and SEGA plan compliance, maximizing development potential, and accomplishing a project otherwise not achievable. 5.2 Strategic Growth Areas, as defined in the 2009 Virginia Beach Comprehensive Plan, are designed to concentrate growth in a strategic and sustainable way, developing centers of employment, living, commerce, shopping, and arts and culture The SGAs, almost all of which are located along the City's primary transportation corridor, emphasize a `smarter' type of growth. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 4 5.3 Special Economic Growth Areas, as defined in the 2009 Virginia Beach Comprehensive Plan, are four predominantly nonresidential areas, located adjacent to NAS Oceana and in the Interfacility Traffic Area targeting land uses compatible with the military. 5.4 Project Team is the group of City Staff described in Section 6.1 plus the City Council liaisons described in Section 6.3. 5.5 Negotiation Documents are generated by City Staff or contracted professionals and used for the deliberative process and negotiation by the City's proiect team These documents may include an economic impact analysis a negotiation analysis and a sketch of potential deal terms. 5.6 Confidential Proprietary Records are nonpublic records, which are the property of a private party, relating to any one of the following: (i) the return on investment of private equity; (ii) structure of private financing; or (iii) analysis of whether a private enterprise can be profitable, such as a proforma or private lease term details. 6.0 Process 6.1 The private partner makes a formal request of the City to engage in an investment partnership. In response to this request or application, the City Manager, Deputy City Manager(s), the City Attorney, the Director of Finance, and the Directors of Economic Development, Planning, Finance and Management Services, SGA Office as needed, have a preliminary meeting (or a series of meetings) with the prospective partner. The purpose of this meeting and review is to determine if the project is a desirable project. 6.2 If the project meets the desirability characteristics, then the prospective partner may be directed to submit, additional information to enable the City to evaluate, among other things, the qualifications of the developer and the significance of the economic and fiscal impacts. 6.3 The City Manager will brief City Council and request the appointment of Council liaisons for the project. 6.4 The City Manager (or the City Manager designee) will assign a Project Manager. If not previously completed, the City will complete a study of the City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 5 economic, fiscal and social impacts of the project, including, without limitation, the number of jobs, type of jobs, salaries paid, as well as economic, community, and other impacts. 6.5 A Term Sheet may be developed, in concert with the City Attorney, and presented to City Council for concurrence. 6.6 The Project Manager will undertake stakeholder input that is appropriate based upon the size and scope of the project. 6.7 A Development Agreement is prepared with the developer/partner. Any such agreement is prepared under the direction and supervision of the City Attorney. 6.8 The Development Agreement is brought before the City Council and/or Development Authority for formal approval. 7.0 Document Controls 7.1 Outlines of oossible exoenditures of Citv funds oreoared by City Staff are to be provided to individual members of City Council when requested. During the pendency of any negotiations, such documents should be held by the individual members in confidence because the disclosure of such documents could harm the City's bargaining position. 72 Because the disclosure of Negotiation Documents prior to a decision to award or not award a contract may adversely affect the City's bargaining position or negotiation strategy, the Pro act Team shall take all necessary steps to protect such documents prior to the City Council's decision whether to approve such contract. The Negotiation Documents may be shared with members of the City Council, individually, upon request, or in executive session of the Council when required to describe a proiect or gauge the Council's willingness to initiate or proceed with negotiations, but the Negotiation Documents are to be collected after any such meeting and retained by the Proiect Team. Upon the decision to award or not award a contract (usually a Development Agreement), these documents are releasable to the public pursuant to the Virginia Freedom of Information Act. 7.3 The completion of the study required by Section 6.4 may require the City to obtain certain Confidential Proprietary Records from the investment City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 6 partner. The City Council authorizes staff to make a promise of confidentiality in order to obtain voluntary disclosure of the private party's Confidential Proprietary Records. While in the possession of the City, the documents may only be shared by those City Staff or contracted professionals with the specific expertise to evaluate such documents. Confidential Proprietary Records may be shared with individual members of the City Council upon request but the records are to be collected after any such meeting and retained by the member(s) of City Staff in possession of such documents. These documents are to be returned to the private party after the required study is completed. 74 City Staff is directed to make these limitations upon the confidentiality of documents set forth in this Policy known to any potential Investment Partner prior to the submission of any document for which the Partner seeks protection. Approved as to Content Approved as to Content Approved as to Legal Sufficiency: Date City Attorney uate Reviewed by: t d W N5 De u ity Mana r Date Reviewed byD 1 2 /� it Manager 'Date APPROVED BY CITY COUNCIL Mavor Date CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Zeiders American Dream Theater as Being Exempt from Local Property Taxation MEETING DATE: December 8, 2015 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property, 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008. ■ Considerations: The Commissioner of the Revenue has received one application for tax exemption by designation. The Commissioner has reviewed the application and finds it meets the City Council policy for Tax Exemption by Designation. The attached summary for the application is current as of today. If Zeiders American Dream Theater acquires real property at some point in the future, that property would be exempt from real property taxes based on the attached ordinance. For example, a $7 million condo unit owned by Zeiders would mean the City foregoes approximately $69,300 in real property taxes each year. Alternative: City Council is not required to approve exemption requests ■ Public Information: A public hearing for this item will be held on December 8, 2015, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process ■ Attachments: Ordinance; Commissioner of Revenue Summary of the Application, Disclosure Form; Council Policy Recommended Action: Approval of Ordinance Submitting Department/Ag le lncy: Commissioner of the Revenue r I City ManageV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO DESIGNATE ZEIDERS AMERICAN DREAM THEATER AS BEING EXEMPT FROM REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to Zeiders American Dream Theater; NOW, THEREFORE, BE IT ORDAINED BYTHE COUNCIL OF THE CITYOF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Zeiders American Dream Theater as a charitable organization within the context of § 6(a)(6) ofArticleX of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 2. That real and personal property owned by Zeiders American Dream Theater located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation 3. This exemption is contingent on the following: (a) continued use of the property by Zeiders American Dream Theater for exclusively charitable purposes; (b)that each July 1, Zeiders American Dream Theater shall file with the Commissioner of the Revenue a copy of its most recent federal income lax return, or if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on January 1, 2019, Zeiders American Dream Theater shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Zeiders American Dream Theater cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records and compliance with the terms of this ordinance 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day .2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: 0��, "_ Commissioner o t evenue CAI 3523IR-1/November 4, 2015 APPROVED AS TO LEGAL SUFFICIENCY: i Grlf Atsa ne s Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Zeiders American Dream Theater (ZADT) 4573 Bank Street Virginia Beach, VA 23462 Website: bttp://americandreamtheaterore/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Zeiders American Dream Theater is going to provide a forum to introduce new and exceptionally gifted artists, composers, and creative writers and is going to create opportunities that encourage and support the arts and aspiring artists of all types. They believes that creativity and creative experiences are fundamental to an individuals and community's growth and development. Their goal is to become an integral part of the community using the arts to encourage individuals to embrace their dreams and to achieve their full potential. ZAD'f is working with the City of Virginia Beach and Armada Hopper to find a location to build a 300 seat theater. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $80,640.00 Tax: $3,225.60 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — December 10, 2013 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships In advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name:cai ns A,� cAa � tui T 'rc�2 SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any Item Is YES, please Identify the firm or individual providing the service: YES NO 10 ❑ ® ❑ ® ❑ SERVICE Accounting and/or pmparer of your tax return Financial Services anclude lending/banking insduitlons and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers PROVIDER (asaa ttmal mensx a..a.al Tew•s /Yladde� a , 7 rM�fi.yF D�rc Wrccou d SAuA6E ?C rat all of the information contained in this Disclosure Statement Form is true, and accurate. understand I am responsible for updating the Information provided herein If ranges prior to the Council action upon this Application. s 1101 ee, - Original Proposal City Council Policy Tile: City Council Policy Regarding Applications for Tax Exemption by Designation Dace of Adopnom February 3, 2004 Dares of Revision. May 6, 2008 Page 1 of 4 1.0 Pulpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as m criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of wnproft organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terns of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year dining which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Tide: City Council Polity Regarding Applications for Tax Exemption by Desgwuon Date of Adopnom February3, 2004 Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local propertytaxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by dassification, pursuant to Article 2 (§58.1-3606 et seq.) oraArtide 3 (§58.1-3609 et seq.) of Tide 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Daces of Revisions: Mar 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code 958.1-3651 and be approved as to form by the City Attorney. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective dare of the exemption Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a deterraination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Atmmey. The Gry Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code 558.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest wrth the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Ccuncil Poky Regarding ApplKariont for Tu Exemption by Desig.ai Date of Adnption: February 3, 2004 Dams of Rersiors: May 6, 2008 Page 4 of 4 5.0 Deftpinoga PUBLIC BFNEI1T- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PRDPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Rgquiremerts In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. CITY OF VIRGINIA BEACH ITEM: (A) Resolution Approving 1) the Execution of the Documents Necessary for the Arena Project and 2) Authorizing the Transfer of the Arena Land to the City of Virginia Beach Development Authority, and (B) Resolution to Declare City Council's Intent that No General Fund Dollars are to Be Used in the Arena Project and (C) Resolution Reaffirming City Council's Strong and Continuing Support of the Tidewater Veterans Memorial. MEETING DATE: December 6, 2015 ■ Background: The City Manager and City staff have engaged in extensive negotiations with representatives of United States Management, LLC, and its affiliates (collectively "USM"), regarding the development of an entertainment and sports arena on City -owned land adjacent to the Virginia Beach Convention Center (the "Arena"). The Arena would be built adjacent to the Tidewater Veterans Memorial (the "Memorial") and the William "Billy" Myers, Sr. Veterans Memorial Park located on 19"' Street (the "Memorial Park"). On December 9, 2014, City Council adopted a resolution (the "December 2014 Resolution) approving a non-binding term sheet for the construction and operation of the Arena. The December 2014 Resolution directed staff to work with USM to develop definitive project documents for the development of the Arena and to return to City Council for consideration of those documents. To define the respective rights and obligations of the parties, the City and USM have developed the following "Arena Documents": 1. Development Agreement. 2. Arena Lease. 3. Arena Revenue Fund Agreement. 4. Cost Participation Agreement. 5. Loan Cure Rights Agreement. 6. Cooperation Agreement. 7. Appendix. In furtherance of the Arena project, City Council is considering three (3) resolutions. The first (the "Arena Resolution") would authorize the immediate execution of the Development Agreement and the remaining Arena Documents on the satisfaction of various milestones as set forth in the Development Agreement. The second resolution (the "General Fund Resolution") would confirm City Council's intention that no existing General Fund revenues are to be used to satisfy any of the City's obligations relating to the Arena. Funding of the City's obligations would be funds automatically dedicated to the Arena Fund, which include those taxes generated on the premises of the Arena and 1% of the Transient Occupancy Tax citywide and funds provided by the Tourism Investment Program or TIP Fund. The third resolution (the "Memorial Resolution") reaffirms and restates the City's obligation and commitment to maintain the Memorial and the Memorial Park in their present location. ■ Considerations: The development of an arena has been a goal of both City Council and many members of the public for several years. As set forth in the Arena Documents, USM would be responsible for construction, maintenance and operation of the Arena on approximately 5.8 acres of land owned by the City (the "Land") to be leased to USM for a term of sixty (60) years. In addition to the Land, the City would contribute approximately $70,000,000 in site improvements in the area around the Arena (the "Site Improvements"). The Site Improvements would improve traffic flow in the area of the Arena in addition to adding parking, stormwater, streetscapes and other infrastructure improvements to support the Arena, the Virginia Beach Convention Center and the surrounding areas. As detailed in the Arena Revenue Fund Agreement, the City would also make available to USM the taxes generated and paid at the Arena plus one percent (1%) of the eight percent (8%) hotel tax generated City-wide (collectively, the "Tax Incentives"). The Tax Incentives are capped annually at an amount equal to USM's debt service, plus a six percent (6%) return on its anticipated $40,000,000 equity contribution. The Tax Incentives would continue for a maximum of thirty (30) years after the Arena opens. As stated in the General Fund Resolution, City Council intends that all of the City's obligations are to be satisfied from the Tourism Investment Program fund, and not the City's unrestricted General Fund. While no loan commitment has been issued, USM has been pursuing financing of the Arena (an estimated $170,000,000) from China Exim Bank. As proposed by USM, Wells Fargo has been offered as loan servicer due to its working relationship with the China Exim Bank. The funds necessary to pay for the Site Improvements and the one percent (1%) of the existing City-wide hotel tax (paid to USM under the Arena Revenue Fund Agreement) are proposed to be appropriated from the TIP Fund. To ensure the TIP Fund has sufficient capacity, City Council has approved increasing the City-wide hotel tax by one dollar ($1.00) per room night for a five-year period beginning no sooner than January 1, 2017. As set forth in the Development Agreement, the Arena Land would be transferred to the City of Virginia Beach Development Authority (the "Authority") at the time the conditions for execution of the Lease have been satisfied by all parties. The Authority would be the party executing the Lease and would immediately transfer the Arena Land back to the City, subject to the Lease. The conveyance of the Arena Land to the Authority is expressly conditioned on the Authority adopting a resolution agreeing to accept title to the Arena Land, execute the Lease and immediately transfer the Arena Land back to the City. The Authority is expected to consider the adoption of such a resolution at its December 15, 2015 meeting. If City Council adopts the Arena Resolution and the Authority approves a similar resolution at its December 15, 2015 meeting, the next step will be execution of the Development Agreement by the City and USM. Thereafter, USM has up to ten (10) months (eight (8) months with the possibility of two (2) one-month extensions) from the date of the Council approval to obtain a ban commitment to finance its obligations and ten (10) months (eight (8) months with the possibility of two (2) one- month extensions) from the date of the loan commitment to close on that loan. Prior to closing on the loan, the City will transfer the Arena Land to the Authority as set forth above, after which the Lease and all other Arena Documents will be executed. Once the loan is closed, USM must complete the Arena (as evidenced by a certificate of occupancy) no later than October 1, 2019. As required by the state laws authorizing the transaction contemplated by the Arena Revenue Fund Agreement (Va. Code §§15.2-5921 at seq.), prior to execution of the Arena Revenue Fund Agreement and the Lease, the City will provide copies of the Arena Documents and a report describing the transaction to the Treasurer of the Commonwealth of Virginia and to the General Assembly. The transaction will not move forward if either the General Assembly or Treasurer object to the transaction. Preservation of the Memorial and Memorial Park is a priority of City Council. The third Resolution confirms this priority and ensures that the Memorial and Memorial Park are indivisible and will remain intact and in their present location. The Arena as proposed will be privately owned but is anticipated to fill a void in the Virginia Beach market, lead to economic development around the Arena, attract visitors to the resort area in the off-season and expand the entertainment options for the citizens of the City of Virginia Beach. Information: A public briefing outlining the Arena Documents was given on November 10, 2015, and the Arena Documents along with summaries of those documents, have been made available for inspection by the public since November 11, 2015. There was an opportunity for public comment at a community meeting at the Virginia Beach Convention Center on November 19, 2015 and at a public hearing at City Council's December 1, 2015 meeting. The December 1, 2015 public hearing was duly advertised in The Virginian -Pilot. ■ Alternatives: Approve the Arena Documents as presented, approve with modifications, or do not approve the Arena Documents. ■ Recommendation: Approval ■ Attachments: (i) Arena Resolution, Location Map, Disclosure Statement Form, Arena Documents attached to the Resolution considered by Council. The Arena Documents were provided to the members of City Council on November 10, 2015 and, due to the voluminous nature of the Arena Documents, additional copies will not be included in the individual City Council packages unless requested. Copies are on the City's website and in the City Clerk's Office; (ii) General Fund Resolution; and (iii) Memorial Resolution. Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office City Manager k- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION APPROVING (1) THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ARENA PROJECT AND (2) AUTHORIZING THE TRANSFER OF THE ARENA LAND TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager and City staff have engaged in extensive negotiations with representatives of United States Management, LLC, and its affiliates (collectively "USM"), regarding the development of an arena on City -owned land adjacent to the Virginia Beach Convention Center (the "Arena"); WHEREAS, the General Assembly has authorized the City to "enter into contracts for the construction, development, maintenance, or operation of, and regulate the use and operation of facilities developed under the provisions of [Chapter 59.1 of Title 15.2 of the Code of Virginia]," and an arena is explicitly defined as a "Facility" in § 15.2-5921 of the Code; WHEREAS, on December 9, 2014, the City Council of the City of Virginia Beach (the "City Council') approved a non-binding term sheet dated November 25, 2014 (the "Arena Term Sheet'); WHEREAS, the Arena Term Sheet reflected the understanding of the City Council and USM of the terms and conditions for the development of the Arena and served as a basis for the definitive, binding documents between the parties; WHEREAS, the parties have reached agreement on the terms and conditions for the development of the Arena and have drafted the necessary documents reflecting those agreements (collectively, the "Arena Documents"), which Arena Documents are attached hereto and incorporated herein as Exhibit A; WHEREAS, the Arena Documents include a Development Agreement between the City and USM setting forth the responsibilities of the parties prior to the commencement of construction of the Arena; and the approved forms of all the other Arena Documents are attached to the Development Agreement as exhibits thereto; WHEREAS, the Arena Documents also include a lease of real property to USM, and, to accommodate the term required by USM, the City desires to transfer approximately five and eight tenths (5.8) acres of City -owned property as shown on Exhibit B (the "Arena Land") to the City of Virginia Beach Development Authority (the "Authority"); WHEREAS, the transfer of the Arena Land to the Authority shall be conditional on the execution of the Arena Documents; 1-1341766.6 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 WHEREAS, the City Council desires to (1) approve the Arena Documents and authorize the City Manager to execute those documents subject to the conditions set forth below and (2) approve the transfer of the Arena Land to the Authority subject to the conditions set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council finds the forgoing actions and approvals related to the Arena promote the trade, commerce, and industry of the City and its residents, give publicity to the City's resources and advantages, and further the City's efforts to reinvigorate a portion of the City designated by Council as a recovery zone in December 2009. 2. That the City Council approves the Development Agreement attached to this Resolution as Exhibit A and made a part hereof and the documents attached as Exhibits E — J to said Development Agreement (collectively, the "Arena Documents"), subject only to technical modifications that may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 3. That the City Manager is hereby authorized to execute the Development Agreement after the occurrence of the following condition (the "Development Agreement Condition"): the City of Virginia Beach Development Authority has adopted a resolution (i) accepting the Arena Land; (ii) authorizing the execution of the Deed of Lease attached to the Development Agreement as one of the Arena Documents (the "Lease"); and (iii) approving the re -conveyance of the Arena Land to the City, subject to the Lease, within thirty (30) days following execution of the Lease by the Authority and USM. 4. That, provided the Development Agreement remains in full force and effect and no event of default exists thereunder on behalf of USM, the City Manager is further authorized to execute the remaining Arena Documents at such time as all City Conditions to the Construction Loan Closing under the Development Agreement (collectively, the "Loan Closing Conditions") have been satisfied. 5. That title to the property shown on Exhibit B as the Arena Land is hereby authorized to be transferred to the City of Virginia Beach Development Authority at such time as all City Conditions to the Construction Loan Closing under the Development Agreement have been satisfied. The final legal description of the Arena Land will be approved by the City Manager and City Attorney. 6. That, if the Development Agreement Condition has not been satisfied by the "Outside Loan Commitment Date" (September 9, 2016) under Section 4.3.1 of the Development Agreement, subject to extension as provided in Section 4.3.1 of the Development Agreement, or the Loan Closing Conditions have not been satisfied by the "Outside Loan Closing Date" (May 9, 2017) under Section 5.4 of the Development Agreement, subject to extension as provided in Section 5.4 of the Development 1-1341766.6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION TO DECLARE CITY COUNCIL'S INTENT THAT NO GENERAL FUND DOLLARS ARE TO BE USED IN THE ARENA PROJECT WHEREAS, the City Council established the Tourism Investment Program ("TIP") to provide dedicated funding for tourism related capital project and initiatives such as the Virginia Beach Convention Center and the Sandier Center for Performing Arts; and WHEREAS, the TIP is funded by the Admissions Tax and portions of the Transient Occupancy Tax (5% of 8%), the Meals Tax (1.06% of 5.5%), and Cigarette Tax (5 cents of 75 cents); and WHEREAS, as described in the Arena Fund Agreement, the City's direct financial participation in the Arena Project relies upon the new taxes generated on the premises of the Arena and a portion of the Citywide Hotel Tax; and WHEREAS, the plan of financing the City's obligations (on-site and off-site infrastructure and increased public services, such as Public Safety) utilizes the funding streams dedicated to the TIP; WHEREAS, there is no need for the utilization of existing General Fund revenues to provide the City's direct financial participation in the Arena Project or the City's obligations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Arena Project does not require the utilization of any existing General Fund revenues, and that no existing General Fund revenues are to be used for the Arena Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2015. APPROVED AS TO CONTENT: R 11 ./M44 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: 1 i A tomey's Office CA13537 R-2 December 2, 2015 94 Agreement, the City Manager's authorization to execute the Arena Documents shall 95 expire and this Resolution shall be of no further force or effect. 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day 98 of .2015. Requires an affirmative vote of three-fourths of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS E L SUFFICIENCY: trategic G h Area blficeU City Attorney APPROVED AS TO CONTENT: LWON CA13189 R-1 July 20, 2015 1090Wmxa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A RESOLUTION REAFFIRMING THE CITY COUNCIL'S STRONG AND CONTINUING SUPPORT OF THE TIDEWATER VETERANS MEMORIAL WHEREAS, on December 12, 1983, the City Council unanimously approved construction of the Tidewater Veterans Memorial on a site in front of what was then the Virginia Beach Pavilion, south of 19" Street, and agreed to assume the maintenance and function of the memorial upon completion; WHEREAS, the Virginia Beach Veterans Memorial Committee, Inc., completed construction of the Tidewater Veterans Memorial at that site and dedicated all of its rights, title and interest in the Memorial to the City of Virginia Beach, so that a lasting tribute could be made to the many Tidewater veterans from all branches of the armed services; WHEREAS, on Memorial Day, May 30, 1988, the City accepted the dedication of the Memorial to have and hold for the public use forever, and the City assumed the caretaking functions of the Memorial from that day forward, and these commitments were memorialized in a resolution adopted by the City Council that same year; WHEREAS, the City Council is considering authorizing the construction by developer United States Management ("USM") of an arena in the vicinity of the Memorial, and the developer and City staff have consulted with the Mayor's Veterans Committee regarding any potential impact to the Memorial or the adjacent William "Billy" Myers, Sr. Veterans Memorial Park; and WHEREAS, the City Council wishes to reaffirm its strong and continuing support for the Memorial and Park. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. The City Council reaffirms the commitments made in its 1988 resolution, guaranteeing that the Tidewater Veterans Memorial and the William "Billy" Myers, Sr. Veterans Memorial Park are indivisible and will remain intact and in their present location. 2. The City Council, the developer, and the Mayor's Veterans Committee recognize that certain enhancements may be necessary to preserve the structural integrity and enhance the aesthetic appearance of the Memorial and Park, but any proposed changes will be presented to the Mayors Veterans Committee in advance and will be built only if approved by the committee. 3. The City Council will ensure that annual legacy events on Memorial Day and Veterans Day at the Memorial will take place during arena construction with, if 42 necessary, only minor adjustments for staging and parking based on the status of that 43 construction. 44 45 4. By taking the above -referenced actions, the City Council is ensuring that 46 the veterans in whose honor and memory the Tidewater Veterans Memorial and the 47 William 'Billy" Myers, Sr. Veterans Memorial Park were constructed will not be forgotten, 48 and the sanctity of those spaces will continue to provide our residents and visitors with a 49 constant reminder of the noble sacrifices made by our men and women in uniform. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA13538 R-1 December 2, 2105 nry� Virginia Beacb APPLICANT'S NAME: United states Management, LLC S� 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance 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 FOR CITY USE ONLY / All dacl.... es must be updated two Ql weeks prior to any Page I Of 5 Planning Commission and City Council meeting that pertains to theapplication(s). p APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. LL� (A) List the Applicant's name:United States Management, If an LLC, list all member's names: See Attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) USM is a member of The ESG Companies family of companies and has no other subsidiary relationships. 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. F1 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: City of Virginia Beach If an LLC, list the member's names:, Page 2 of 5 If a Corporation, list the names ofall officers, directors, members, trustees, 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) 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 4 2.2-3101. "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (II) a controlling owner in one entity is also a controlling owner in the other entity, or (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 g 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 YES NO ❑X_ ❑ ❑ ❑/1 DOE E 14 SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject propert W. Virginia Beach PROVIDER fuse additional sheets if needed) None have been selected at this time. Currently use in-house CPAs. See Attached See Attached See Attached See Attached See Attached None SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El ® contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 V.B Virginia Beach 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. Andrea M. Kilmer, President/CE call IRWE APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Ousm December 1, 2015 Attachments United States Management, LLC (USM) Virginia Beach Arena Disclosure Statement Form 1. Applicant Disclosure A. USM Manager, LLC (100%) Key USM Officers: a. Edward S. Garcia, Chairman * b. Andrea M. Kilmer, President and CEO c. Michael F. Gelardi, Vice President of Construction Operations d. Joseph E. Gelardi, Vice President and Program Director e. Joshua D. Kellam, Vice President f. Valerie L. Wilkinson, CFO g. Brittany M. Williams, Assistant Secretary and Treasurer *Denotes controlling member 2. Services Disclosure The Virginia Beach Arena Project Team composition is as listed below as previously disclosed in USIA's response to the City's Arena Solicitation No. CITY -14-0016 submitted on February 14, 2014. In this regard, no individual contracts have been finalized, as these contracts are contingent upon the final terms and conditions within the Development Agreement with the City. This list is by no means comprehensive, as USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of City of Virginia Beach goals and any such contracts may not be negotiated until the final development agreement has been approved. a. Architect & Engineers: Clark Nexsen AECOM b. Procurement Specialist: Page 1 of 2 United States Management, LLC • 3333-24 Virginia Beach Blvd. • Virginia Beach, Virginia 23452 ..".d s..4.....y.... China Machinery Engineering Corporation (CMEC) c. Construction Firm(s): M. A. Mortenson Company SB Ballard Construction Company d. Attorney/Legal Services Greenberg Traurig, LLP Wilks, Alper & Harwood, P.C. McGuireWoods Kaufman & Canoles e. Source of financing: China EXIM Bank Page 2 of 2 United States Management, LLC 0 3333-24 Virginia Beach Blvd. • Virginia Beach, Virginia 23452 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the Virginia Beach Arts Plan 2030, November 2015 MEETING DATE: December 8, 2015 ■ Background: The Virginia Beach Arts Plan 2030, November 2015 is the culmination of a year-long process of listening to the community, assessing the cultural strengths and weaknesses, and analyzing forces, trends and models to provide a blueprint for Virginia Beach's cultural development over the next 15 years. Input for this planning process was gathered through one-on-one interviews with a cross-section of the community, group meetings with City staff and local artists, a targeted group of individual meetings at which cultural development strategies were tested and refined, a Virtual Town Hall on the City website and a web -based community survey developed and issued in collaboration with the Office of Cultural Affairs. ■ Considerations: The document provides goals and strategies to further the development of the arts and culture in Virginia Beach for the next 15 years. ■ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. Numerous meeting of many genres have been held with citizens and stakeholders. City Council was provided a briefing on December 1, 2015. Attachments: Ordinance Virginia Beach Arts Plan 2030, November 2015 Recommended Action: Approval Submitting Department/Agency: Cultural Affairs City Manager:�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO ADOPT THE VIRGINIA BEACH ARTS PLAN 2030, NOVEMBER 2015 WHEREAS, the Virginia Beach Arts Plan 2030, November 2015 has been developed with extensive input from the community and stakeholders as to the direction the City should take to support cultural development; and WHEREAS, the Virginia Beach Arts Plan 2030, November 2015 is the culmination of that year-long process; and WHEREAS, the Virginia Beach Arts Plan 2030, November 2015 Plan should be adopted for use by the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Beach Arts Plan 2030, November 2015 be, and hereby is, adopted by the City Council of the City of Virginia. Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Cultural Affairs. COMMENT The ordinance adopts the Virginia Beach Arts Plan 2030, November 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: Cultural Affairs CA13532 R-1 November 24, 2015 APPROVED AS TO LEGAL SUFFICIENCY: PENN } \ ID`- \k\§ / `.0° 9)�§ ` - f§ƒQ « a = /\\} \ \ -GZ5 |� � / \3\ , : k - a!§ e-. }§ ; Lu §\ ! � �0� � ! / . # � _ . LU 43 -- �^ . ~©� ~±% �\a 2{i «g � :\ ! � ,,7 . \ \r � CITY OF VIRGINIA BEACH Item: An Ordinance Approving the Sale of School Board Property for the City's Witchduck Road Phase II Project and Allowing the School Board to Retain the Sale Proceeds Meeting Date: December 8, 2015 ■ Background: The City of Virginia Beach (the "City") has proposed to purchase from the School Board of the City of Virginia Beach (the "School Board") certain real property comprised of 17,560 sq. ft. for right-of-way and a 9,450 sq. ft. temporary construction easement on a portion of GPIN 1467-74-7996 located at 5100 Cleveland Street (the "Renaissance Academy") and 4,143 sq. ft. for right-of-way and a 4,118 sq. ft. temporary construction easement on a portion of GPIN 1467-75-8675 located 273 N. Witchduck Road, a vacant lot adjacent to the Renaissance Academy (the right-of-way and easements to be acquired from both parcels, collectively, the "Property"). The Property shall be used for the City's Witchduck Road Phase II Project. The City and the School Board have reached an agreement concerning sale of the Property and the terms and conditions for the use of the Property. ■ Considerations: Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body, after the school board has held a public hearing on such sale and retention of proceeds. On December 1, 2015, the School Board adopted a Resolution affirming that it had no use for the Property and agreeing to sell it to the City for the appraised value of $362,817.00. ■ Public Information: The School Board held a public hearing on December 1, 2015 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom. The actions to be taken by City Council will be handled through the normal agenda process. Attachments: Ordinance, Location Map, School Board Resolution Recommended Action: Adoption of Ordinance Submitting De pa r tment/A gency: Public Works/ Real Estate -03 P�✓ City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE APPROVING THE SALE OF SCHOOL BOARD PROPERTY FOR THE CITY'S WITCHDUCK ROAD PHASE II PROJECT AND ALLOWING THE SCHOOL BOARD TO RETAIN THE SALE PROCEEDS WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from the School Board of the City of Virginia Beach (the "School Board") certain real property comprised of 17,560 sq. ft. for right-of-way and a 9,450 sq. ft. temporary construction easement on a portion of GPIN 1467-74-7996 located at 5100 Cleveland Street (the "Renaissance Academy") and 4,143 sq. ft. for right-of-way and a 4,118 sq. ft. temporary construction easement on a portion of GPIN 1467-75-8675 located 273 N. Witchduck Road, a vacant school site adjacent to Renaissance Academy (the right-of-way and easements to be acquired from both parcels, collectively, the "Property"). The Property shall be used for the City's Witchduck Road Phase II Project; WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for which the school board has no future use and to retain the proceeds of such sale upon approval of the local governing body, after the school board has held a public hearing on such sale and retention of proceeds; WHEREAS, the School Board held a public hearing on December 1, 2015 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom; and WHEREAS, the School Board adopted a Resolution on December 1, 2015 finding no further use for the Property, determining that the Property may be sold, agreeing to sell the Property to the City, and intending to retain the proceeds of the sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA - 1 . IRGINIA1. That the sale of the Property as shown on Exhibit A, attached hereto and made a part hereof, from the School Board to the City is hereby approved; and 2. That the School Board may retain all of the proceeds of the sale, in accordance with the provisions of Virginia Code §22.1-129. 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: Public Works / Real Estate t11z-61 k CA13459 R-1 November 23, 2015 CP Gtr City Attorney RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY FOR THE CITY'S WITCHDUCK ROAD PHASE II PROJECT WHEREAS, the City of Virginia Beach ("City") has identified the need to purchase certain School Board property located on the Renaissance Academy site and Identified as portions of parcels GPIN 1467-75-8675 and GPIN 1467-74-7996 ("School Board Property"), for the City's WRchduck Road Phase II Project, CIP 2-025 (the'Project-); WHEREAS, the Project will provide a six -lane divided roadway on a 143 -foot to 1654clol variable righivf-way from I-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feel, WHEREAS, the City has proposed purchasing the School Board Property In order to complete the Project, which will further include aesthetic Improvements such as a wide outside lane for cyclists and 16 -fool wide benches comprised of brick pavers and sidewalk, WHEREAS, the City's acquisition of the School Board property will enable the City to enhance this roadway comdor, increase property values, and provide an overall benefit to the citizens of Virginia Beach, WHEREAS, Virginia Code §22 1-129 allows the School Board to sell real property that it determines It has no future use for and the School Board has held a public hearing on December 1, 2015 to take public comment on the proposed sale of property to the City and retention of the proceeds therefrom; and WHEREAS, due to the de minimis impact the conveyance of the School Board property will have on the Renaissance Academy site, and the expected benefits that will be denved from this Project for the citizens of Virginia Beach, the School Board is of the opinion that sale of the School Board property would be a benefit to all games NOW THEREFORE BE IT RESOLVED that: 1 In accordance with Virginia Code §22.1-129, the School Board finds that, due to the strategic location of the parcels Identified as GPIN 1467.75-8675 and GPIN 1467-74-7996, and the fact that the benefits of this conveyance are greater than the detriment to the remainder of the School Board property, the School Board finds that It does rot have further use for such real property and determines that it may be sold 2 The School Board agrees to sell a 17,560 sq. fl portion of GPIN 1467-74-7996, located at 5100 Cleveland St, and grant a temporary construction easement of 9,450 sq f7- thereon to the City for the appraised value of $298,276 00 3 The School Board agrees to sell a 4,143 sq It portion of GPIN 1467-75-8675, located at 273 N Wdchduck Road, and grant a temporary construction easement of 4,118 sq. ft. thereon to the City for the appraised value of S64,541 00 4 Total amount of all compensation to be paid to School Board by City for these acquisnons and easements is $362,817 00 5. Additionally, the School Board authorizes the Chairman or his designee to execute any and all documents desired and necessary to complete the above -referenced transactions Adopted by the School Board of the City of Vir,s BBeeach this FI day of December 2015 SEAL Daniel D E wards, Chairman Attest Dianne P Alexander, Clerk of the Board School Board of the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS VIRGINIA -- -_ - Darnel D, Edwards, District 2-KempsvAle, Chau Beverly M. Anderson, At Large, Vice Chau Sharon Felton, District 6-Beach School Administration Building 96, Municipal Center Dorothy M Hotta, At Large 2512 George Mason or P 0 Box 6038 Joel McDonald, District 3-Rose Hall Virginia Beach, VA 23456 Asia, K McLeod, At Large (757)263-1000 KimberlyA Melnyk, District 7-Princess Anne MISSION STATEMENT CarolynT Rye, District 5-Lynnhaven Elizabeth Taylor, At Large The Virginia Beach City Public Schools, in partnership with the entire leonardC community, will empower every student to become a life-long learner who is a responslble, productive and engaged citizen within the global Distl-Centervdle Carolyn D Weems, ms[nd a- Bayvtle D Weems, community. Aaron C. Spence, Ed D, Superintendent RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY FOR THE CITY'S WITCHDUCK ROAD PHASE II PROJECT WHEREAS, the City of Virginia Beach ("City") has identified the need to purchase certain School Board property located on the Renaissance Academy site and Identified as portions of parcels GPIN 1467-75-8675 and GPIN 1467-74-7996 ("School Board Property"), for the City's WRchduck Road Phase II Project, CIP 2-025 (the'Project-); WHEREAS, the Project will provide a six -lane divided roadway on a 143 -foot to 1654clol variable righivf-way from I-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feel, WHEREAS, the City has proposed purchasing the School Board Property In order to complete the Project, which will further include aesthetic Improvements such as a wide outside lane for cyclists and 16 -fool wide benches comprised of brick pavers and sidewalk, WHEREAS, the City's acquisition of the School Board property will enable the City to enhance this roadway comdor, increase property values, and provide an overall benefit to the citizens of Virginia Beach, WHEREAS, Virginia Code §22 1-129 allows the School Board to sell real property that it determines It has no future use for and the School Board has held a public hearing on December 1, 2015 to take public comment on the proposed sale of property to the City and retention of the proceeds therefrom; and WHEREAS, due to the de minimis impact the conveyance of the School Board property will have on the Renaissance Academy site, and the expected benefits that will be denved from this Project for the citizens of Virginia Beach, the School Board is of the opinion that sale of the School Board property would be a benefit to all games NOW THEREFORE BE IT RESOLVED that: 1 In accordance with Virginia Code §22.1-129, the School Board finds that, due to the strategic location of the parcels Identified as GPIN 1467.75-8675 and GPIN 1467-74-7996, and the fact that the benefits of this conveyance are greater than the detriment to the remainder of the School Board property, the School Board finds that It does rot have further use for such real property and determines that it may be sold 2 The School Board agrees to sell a 17,560 sq. fl portion of GPIN 1467-74-7996, located at 5100 Cleveland St, and grant a temporary construction easement of 9,450 sq f7- thereon to the City for the appraised value of $298,276 00 3 The School Board agrees to sell a 4,143 sq It portion of GPIN 1467-75-8675, located at 273 N Wdchduck Road, and grant a temporary construction easement of 4,118 sq. ft. thereon to the City for the appraised value of S64,541 00 4 Total amount of all compensation to be paid to School Board by City for these acquisnons and easements is $362,817 00 5. Additionally, the School Board authorizes the Chairman or his designee to execute any and all documents desired and necessary to complete the above -referenced transactions Adopted by the School Board of the City of Vir,s BBeeach this FI day of December 2015 SEAL Daniel D E wards, Chairman Attest Dianne P Alexander, Clerk of the Board 0 0 0 L�7 Q 0* 0 0 W F os W J 7 LLN \ �a a0 4. ZJ N TO W Z m Q g 1 HZ O J N Z D�054 r q Q Q S � S H C F a Iz.2 042ma OQ $ C7 U A r J_ W \ K O LL 0 os M� N q \ N TO g q 02 d r q Q C � � H C Iz.2 9 N A r N J 0 p a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City property known as Pike Inlet, located at the rear of 332 Tuna Lane. MEETING DATE: December 8, 2015 Background: William Paulette and Carolyn Paulette (the "Paulettes") have requested permission to construct and maintain a covered proposed boat lift (20' L x 9.7'W to 11.7' W), consisting of 4 piles and a roof, into a portion of City property known as Pike Inlet, located at the rear of 332 Tuna Lane. Considerations: City staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Pike Inlet, which is where the Paulettes have requested to encroach In accordance with the recommendation of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachment has been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicants' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachment. The Paulettes have submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. Public Information: Regular City Council agenda process. ■ Alternatives: Approve the encroachment as presented, deny the encroachment, 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, Exhibit Map, Pictures and Location Map Recommended Action: Approval of the ordinance (� Submitting DepartmentlAgency: Public Works/Real��l Estate City Manager: James K. Spor 1 Requested by Department of Public Works to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS PIKE INLET, LOCATED AT THE REAR OF 332 TUNA LANE WHEREAS, William Paulette and Carolyn Paulette desire to construct and maintain a proposed covered boat lift (20' L x 9.7' to 11 7' W), 4 Piles, into a portion of the City property located at the rear of 332 Tuna Lane, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15 2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William Paulette and Carolyn Paulette, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a proposed covered boat lift (201 x 9.7' to 11.7'W), 4 Piles, into a portion of City's property known as Pike Inlet as shown on the map entitled. "EXHIBIT A, PROPOSED ENCROACHMENT OF COVERED BOAT LIFT IN PIKE INLET," a copy of which is attached hereto as Exhibit A, on file in the Department of Public Works and to which reference is made for a more particular description, and BE IT FURTHER ORDAINED that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and William Paulette and Carolyn Paulette (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and subsequent to execution will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement, and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as William Paulette and Carolyn Paulette and the City Manager or his authorized designee execute the Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of 2015. CA13340 R-1 PREPARED: 11/23/15 \\vbgov comWfsl apphwbons\oifylawprod\cywm32\wpdocs\d004\p018\00202WO.doc APPROVED AS TO CONTENTS SIGNATURE x\'2315 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM r 1 DA A ER, ASSOClATE CITY ATTORNEY 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance 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 ill 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 rua,Irr ux nNl�IR d� r.., .„r„I. Pagel of .lu II ..I I�� 1„a�n aLL ii :Li � -I! i•1 UI ❑ APPI 11 ANT NUIII ILII Hf ARINO L I - NI 111 AN LLI Al UI L I RF\ISIUNb SOhN11[1 II L It Yin NAV Vitgnfa Bead[ other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary t or affiliated business entity z 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. U1 Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary t 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. 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 ` "Affiliated business entity relationship" means "a relationship, other than parentsubsidiary relationship, that exists when p) one business entity has a controlling ownership interest in the other business entity, 00 a controlling owner in one entity is also a controlling owner in the other entity, or (n) 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 El Pq El 0 ❑ a 0 191 SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors PROVIDER (use additional sheets if needed) 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 �Fj N rA ■ u Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the propenyl Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property T in Nio Ybuginia Beach a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ © an interest in the subject land or any proposed development 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 an blic body or committee in connection with this Application. 1 tf A /v. IM PtR,wI,NT NAME DATE VV K[ 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. W m W � N n C y � n d S � 3 � � m z m c m v c r C C .- 2 2 C z z U PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 18th day of November, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and William PAULETTE and Carolyn PAULETTE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee', even though more than one WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 154 " as shown on that certain plat entitled: "Sandbridge Shores Section 1B North Princess Anne Borough, Virginia Beach, VA.," Scale: 1"=100' , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 332 Tuna Lane, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed covered boat lift (20' L x 9.7'W to 11.7'W), 4 Piles and Roof, (the "Temporary Encroachment"), in the City of Virginia Beach, Virginia; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Pike Inlet, the "Encroachment Area"; and GPIN: (CITY PROPERTY —2433-16-9348) Adjacent to 2433-26-1318 (332 Tuna Lane) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. 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), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A, PROPOSED ENCROACHMENT OF COVERED BOAT LIFT IN PIKE INLET", dated June 25, 2015, prepared by Marine Engineering, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment 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 Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 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 that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 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 (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer'). The Grantee shall consult with the Environment and Sustainability Office of the Department of Planning and Community Development on the composition of plants for the Buffer prior to its installation to confirm plant suitability and acceptance. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment 3 and Sustainability Office of the Department of Planning and Community Development when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, combined single limits if such insurance policy or policies. 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 the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William Paulette and Carolyn Paulette, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE 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 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk R Notary Public (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this _ _ day of 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on Its behalf. She is personally known to me. (SEAL) Notary Registration Number: My Commission Expires: Notary Public By William Paulette, Owner i By` ,l _ Carolyn Paulette, Owner STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this _" u of 2015, by William Paulette. (SEAL) NcMry Public Notary Registration Number: 3o< -i RaO JOANNE K BERRY Notary Public My Commission Expires: I �I I )� Cornrrorovealthof WgInfa 304820 My ConeNaebn Expires Dec. 31, 2018 STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this __Lg' day of J 1pi4b>~r--, 2015, by Carolyn Paulette. 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CITY OF VIRGINIA BEACH ITEM: Resolution Approving a Non-binding Term Sheet for the Old Beach Village, LLC Apartments Project, Requesting Approval by the City of Virginia Beach Development Authority and Authorizing the Development of Supplemental Project Documents MEETING DATE: December 8, 2015 ■ Background: Representatives of Old Beach Village L.L.C. ("Developer") have approached the City of Virginia Beach (the "City") with a plan to develop and construct an apartment complex in the City's resort area, one of the City's Strategic Growth Areas (the "Project"). The proposed Project would consist of approximately 320 apartment units (a portion of which would be available as affordable housing), structured parking and surface parking. The proposed Project is intended to encourage added density and increased year round activity and to stimulate existing businesses in the resort area. ■ Considerations: The Developer has stated that without City incentives set forth in the non-binding term sheet (the "Term Sheet"), the Project would be scaled back to a typical suburban apartment complex, due to the high cost of structured parking. The Term Sheet includes annual incentive payments from the City of Virginia Beach Development Authority (the "Authority") to the Developer. The proposed incentives are fifty -percent (50%) of the real estate taxes generated and paid at the Project for up to twenty years. The total amount of the incentives is capped at $6,000,000. The Authority would enter into an incentive agreement with the Developer, pursuant to which the Authority would pay the incentive payments to the Developer. City Council would appropriate sufficient funds to the Authority for this purpose. All obligations of the Authority will be subject to appropriation. ■ Information: Public information for this item will be handled through the normal Council agenda process. City Council heard public comment for this project at the December 1, 2015 meeting. ■ Alternatives: Approve the Resolution as presented, modify the terms as desired by City Council, or deny approval of the Resolution. ■ Recommendations: Approve the Term Sheet, request approval of the Term Sheet by the City of Virginia Beach Development Authority; and authorize the development of supplemental project documents. ■ Attachments: Resolution, Summary of Terms, Disclosure Statement Form, Location Map Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area City Manager: �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION APPROVING A NON-BINDING TERM SHEET FOR THE OLD BEACH VILLAGE, LLC APARTMENTS PROJECT, REQUESTING APPROVAL BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AND AUTHORIZING THE DEVELOPMENT OF SUPPLEMENTAL PROJECT DOCUMENTS WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have engaged in negotiations with representatives of Old Beach Village, L.L.C. (the "Developer"), and its affiliates, regarding the development and construction of an apartment complex in the resort area of the City (the "Project"); WHEREAS, the proposed Project consists of 320+/- apartments, structured parking and surface parking; WHEREAS, the Project is intended to encourage increased year-round activity at the resort area and to further stimulate the existing businesses in the resort area; WHEREAS, the Developer has worked with the City Manager and City staff to develop a non-binding Term Sheet dated December 1, 2015 (the "Term Sheet"), which outlines a comprehensive development plan for the Project; WHEREAS, a summary of the Term Sheet is attached hereto as Exhibit A (the "Summary of Terms") and made a part hereof, WHEREAS, the obligations of the Authority outlined in the Term Sheet would include incentive payments to the Developer; WHEREAS, the City Council finds that the Project will stimulate the City's economy, increase public revenues, enhance public amenities and further the City's development objectives for the resort area, one of the City's Strategic Growth Area; and WHEREAS, the City Council desires that the Authority approve and execute the Term Sheet and pursue the development of supplemental project documents to be negotiated in substantial conformity with the terms outlined in the Term Sheet. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council approves the non-binding term sheet dated December 1, 2015 (the "Term Sheet") between the Authority and the Developer, a summary of which is attached to and made a part of this Resolution as Exhibit A, and outlines the comprehensive development plan for the Project (the "Summary of Terms"). 45 2. The City Council requests and recommends that the Authority adopt a 46 Resolution consistent with this Resolution approving the Term Sheet and authorizing its 47 execution. 48 49 3. On behalf of the City of Virginia Beach, the City Manager and the City 50 Attorney are hereby authorized and directed to proceed with the development of 51 supplemental Project documents necessary and appropriate to implement the Project 52 substantially as outlined in the Summary of Terms. 53 54 4. The City Manager is directed to return the final supplemental Project 55 documents to City Council for approval and to the Authority for authorization to execute 56 them so that the Authority can then proceed to the next phase of the Project. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 59 of .2015. APPROVED AS TO CONTENT: APPROVED AS TO I, AL SUFFICIENCY: trategic Gro t AFea O ' City Attorney CA13462 )%v,ov co.DFslftpA[abws\Olyle od,cycom32Mpdocs�M25�2C100349922o C 12/1/15 R-1 EXHIBIT A SUMMARY OF TERMS OLD BEACH VILLAGE, L.L.C. Scope of Proposed Project • 320 Apartments (500+ residents), with 20% made available as Affordable Housing units. o Amenities include: - Skywalk - Sky pool - Sky workout facilities - Storage for kayaks, paddleboards and bikes - Fitness studio (5,600 sq. ft. on top deck of parking garage for use by tenants and general public) • 370-425 structured parking spaces (the "Parking Garage") • 102+/- parking spaces under the apartments • 16+/- surface parking spaces 2. Developer Obligations • Develop and construct entire Project • Estimated private investment: $60 million • At all times, at least 20% of the apartment units must be offered at a price affordable to residents earning less than the area median income. • Developer to seek LEED and/or Earthcraft House certification • Submit all design and construction plans for review and approval by the City consistent with the Oceanfront Resort District Form Based Code. • Make best effort to meet the City's goal of 10% minority contractor participation • Dedicate approximately 0.689 acres between Little Neck Creek and Baltic Avenue to City for use as a park or open space, if the City determines it has a use for that property. 3. Authority Obligations • Incentive payments to Developer to offset the additional costs associated with the Parking Garage to be 50% of the incremental real estate taxes paid at the Project for up to 20 years or until the total amount of payments equal $6 million, whichever first occurs. ' i l Virginia Bmeb DISCLOSURE STATEMENT FICIA4- 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Per Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance 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. 0✓ Check here If the APPLICANT IS a corporation, partnership, firm, business, or obv2, LLC. (Old Beach Village 2) FOR CITY USF ONLY /All tlisdosures must be updated two (b weeks pnor to any Page 1 of 4 Plannm Commission and Gt Council meeting that pertains to thea Lcatronl9 APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE p."4 ..{ y^4..,. n W1 4,.F r •' Pwi i iN�„ Pnginia Beech other unincorporated organization, AND THEN. complete the follow)ng. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) obv2, LLC.; Jeffrey W. Ainslie; John W. Ainslie, Jr; Jackson H. Pope (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Ainslie Group, Inc.; Hampton Roads Housing; Benchmark Building Corp.; Cohen Homes, Crestline Homes, Crestline Realty Corp. (see Also Sect 2, (B) below) 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. Z Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) The Old Beach Village Company, LLC, Jeffrey W. Ainslie, John W. Ainslie, Jr.; Jackson H. Pope (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Ainslie Group, Inc; Ainslie Group Land, LLC.; Hampton Roads Housing; Bimillennium; 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 wr Virginia Beach Festive Foods, Inc.; Lisa Square Assoc.; Pipers Apartment Assop.; Biltmore Commons Assoc.; Meadow Ridge Assoc. 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 4 2 2-3101 ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (0 one business entity has a controlling ownership interest in the other business entity, 00 a controlling owner in one entity is also a controlling owner in the other entity, or Oi0 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 4 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 Z ❑ ❑✓ ❑ ❑ 7 ❑ ❑✓ ❑ R ❑ SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors PROVIDER (use additional sheets if needed) Wall Emhorn & Cherndzer, PC VIA design architects, pc None None Ainslie Group, Inc. p American Engineering p The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1 ❑ Financing (include current mortgage holders and lenders selected or being considered to complete, true, and accurate. Virgin Authc scheduled for public hearing, I am responsible for updating the information provided provide financing for acquisition meeting of any public body or committee in connection with this Application Jeffrey W. Ainslie:f�;�"�'°P�� Jeffrey W. Ainslie, Mgr. or construction of the property) ❑✓ ❑ APPLICANT'S SIGNATURE Legal Services smmlc ❑ Real Estate Brokers / Agents for current and anticipated future iwI'll None PROPERTY OWNER'S SIGNATURE sales of the subject property 3. { utia Virginia Reach Housing ROO Swain, Haddad & Morecmk 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? Current Land financing is through Towne Bank; Anticipated new lender to be Virginia Housing & Development Authority (VHDA) 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 Jeffrey W. Ainslie:f�;�"�'°P�� Jeffrey W. Ainslie, Mgr. Nov 30, 't5 APPLICANT'S SIGNATURE PRINT NAME DATE Jeffrey W. Ainslie "":''�rom"�� Jeffrey W. Ainslie, Mgr Nov 30,15 iwI'll 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 llrmv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Providing $790,000 to City of Virginia Beach Development Authority for the Bio -Medical Initiative MEETING DATE: December 8, 2015 Background: In the FY 2015-16 City Operating Budget, $1,000,000 was appropriated to the Department of Economic Development for the creation of a bio -medical industry business development program (the "Bio -Medical Initiative"). These funds were intended to execute the work plan developed by the Mayor's Bio -Medical Task Force, which was comprised of business and university leaders. The Task Force identified areas within the biomedical and healthcare fields for Virginia Beach to grow and enhance this industry cluster Because of the business -focused nature of the Bio - Medical Initiative efforts, the City of Virginia Beach Development Authority (the "Authority") was identified by the Task Force as central to the success of the Bio - Medical Initiative. A key component of the Bio -Medical Initiative is the establishment of a Bio Accelerator at Tidewater Community College. An accelerator of this kind is a shared lab space (approximately 1,500 square feet) for small and startup businesses to utilize as their first space within the Virginia Beach market. The location of this space is near existing Bio - Medical facilities such as LifeNet and Operation Smile The Authority will require funding to pay for signage, security, and janitorial services for the space until tenants are secured and are able to begin paying rent to cover such costs In addition to the Bio Accelerator, the Authority needs funds to advance design efforts, including new wetlands delineations, related to the proposed Bio Park located near Princess Anne Commons. By properly planning the Bio Park, there is the potential to entice a speculative builder or other investment in Bio -Medical facilities in the identified property. ■ Considerations: Currently, the budgeted appropriations supporting the Bio- medical initiative reside within Economic Development's Operating Budget. The approval of this item will provide funds to the Authority in furtherance of the Bio -Medical Initiative. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Approval of the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Economic Development City Managers___ I : ^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE PROVIDING $790,000 TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BIO -MEDICAL INITIATIVE WHEREAS, in the FY2015-16 Operating Budget, the City Council appropriated $1,000,000 to the Department of Economic Development to create a bio -medical industry business development program (the "Bio -Medical Initiative'); and WHEREAS, the City of Virginia Beach Development Authority has identified proposed uses of such funds including establishment of a Bio Accelerator and detailed designs of a Bio Park; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City Council hereby authorizes and directs the Department of Economic Development to provide $790,000 to the City of Virginia Beach Development Authority in furtherance of the Bio -Medical Initiative and the focus areas identified by the Bio - Medical Task Force. 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: u Budget and Management Servic6s Ci y A rney's Office CA13534 R-1 November 25, 2015 7717 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Fire Department Marine Team MEETING DATE: December 8, 2015 ■ Background: The City has been awarded a Port Security Grant from the United States Department of Homeland Security. This grant is a 75% Federal Share ($192,525) with 25% match required by the local grant recipient ($64,175). Virginia Beach is geographically located at the gate of the Port of Hampton Roads. The Fire Department's Marine Team provides initial response to fire, hazardous materials, search, and rescue incidents. The grant funding will be used to purchase equipment for the Marine response unit including the repowering of Fireboat 30 and maritime equipment (thermal imagers, remote deck gun, and personal protective equipment). The repowering of Fireboat 30 will not have a negative impact on the Department's garage charges. ■ Considerations: The Fire Department proposes use of 2014 Aid to Localities funding for the local match. The end of the program period for the Port Security Grant is August 31, 2018. ■ Public Information: Public information will be handled through the normal Council agenda process. Recommendations: Adopt the attached budget amendment. Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Departmen City Manager: Ir V •N^ \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS FOR THE FIRE DEPARTMENT MARINE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $192,525 in grant funding from the United States Department of Homeland Security 2015 Port Security Grant is hereby accepted and appropriated, with estimated federal revenue increased accordingly, to the Fire Department to purchase maritime equipment and repower Fireboat 30 for the Marine Team; and 2. $64,175 is hereby transferred to the Fire Department from funding in the Grants Consolidated Fund (2014 Aid to Localities) to provide the required local match. Adopted by the Council of the City of Virginia Beach, Virginia, on the day Of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services A orney's Office CA13535 R-1 November 25, 2015 NOTICE OF PUBUO NEARING Th ,W11.9 o1 Ne cm, COUI1C, 01 NB 00 M Veil mi MII be 'did In No Counnl C -ss. a4 :,V arty w 8ese, mield aI Centel VlvM its BeeoM1. Vrtgme, on T's, ". lCei fl, 2C35 n b W PM, etwNtb Ume Ne T- COLINngenWlCWOns�heN: MINE iT-PNIXCE2R NINE REED EN'ERPRI$ES� INC. Pelted lm.. MonflenWn M (cesdiEMa&2). nel Me,ClIE ICOnnluanel IS2)a iigCey is Reed, I. slag of 0 DVa ne M. Need G legit 95 M 8) M. Roetl 'GPIN 16951986291 Cta ler JNA NERCER/.'.4C9 bel w IsDi 1C .WOUesUon; 5w4MAnn Vnrw rn M $eclbne 0.41b) eM 44(d)n14 MITI Dai Fmtlif•PW 240&4490E6) CWNOL d$T114T T-14111NF$' NINE mi R401DLDGICN CORpi mcl. R A[NhKeSan' CCCglfma ua PxrmR (XOM OxupeWnl 2353 FerrMck Way IGwN 24041ili CW DQI I-aibNCE� NINE Wi L I EL Opplldell S td'v le Sx!be 4A(b) S0i Nassi Reed (GPIN 13&9E9R246) CCMNdLOL9TPoCT99PPV EN YAC Appfl SSON EMERPR" LLC AppllNUOK l5e_EeWR (F W1 .I o Bess Emeeuemmmi 501 W}nio SaxcR 9oWavdld (GOA 24WN59) CNCILNICIL Ok41RN:f T-PRIHCE99 NNE MGP IV N Clil INC. LLC/MMNIV INVESTMFNTS.INC. PppllCatwrt Mnnal�netlaen ato :dnAE JG2 cy4'Qdmmu to Cdndllo.I.) l A2 Co. m m Edee" ) S A- 1293, 1INS Eagpn . (SPINS 24Y94y2T6T. 241642�9. 2416424rY 24184 24154255Dy 2415422 1 An Interested ba re mvRV to stew on Ill ena mev be edil m the Ir you are pmpme' Mean or Oel It tis ere rMOa .11 them n MIs meeting CI! at tell the dtt CIFAN'9 OFwCE n 3%+49J.9. J. PLANNING 1. DONALD L. KESSEL, for a Subdivision Variance to legally establish a lot at 5001 Blackwater Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 2. LINA MERCER and 1408 MILL DAM ROAD, LLC, for a Subdivision Variance re a deficiency atl408 Mill Dam Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 3 REED ENTERPRISES, INC. for a Modification of Proffers to a Conditional Rezoning re stormwater (approved by City Council on 10/8/2013), at Holland and Dam Neck Roads DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 4. PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G. ENTERPRISES, INC., for a Conditional Chanee of Zoning from AG -1 and AG -2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7 — PRINCESS ANNE [This item was deferred from November 17, 2015.] RECOMMENDATION: APPROVAL 5. MGP RETAIL CONSULTING, LLC and MARK IV INVESTMENTS, INC., for a Conditional Change of Zonine from AG -2 Agricultural to Conditional B-2 Community Business at 1136, 1203, 1205 Edison Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 6. RICHARD W. BOUCHER T/A EXCELLENCE PROFESSIONAL PAINT SERVICE and GHS II, LLC, for a Conditional Use Permit re: auto repair at 3413 Chandler Creek Road, Suites 120 and 121 DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 7. KEVIN JAMISON and MISSION ENTERPRISES, LLC, for a Conditional Use Permit re eating and drinking establishment at 501 Virginia Beach Boulevard DISTRICT 6 — BEACH RECOMMENDATION. APPROVAL 8. RADMAN RADIOLOGICAL CORP. and JOHN MOLLER, for a Conditional Use Permit re: home occupation at 2353 Fenwick Way DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 9. RNR OF VIRGINIA and RANDOLPH A. RAU TRUST, for a Conditional Use Permit re: auto repair at 623 First Colonial Road DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL MW CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONALD L. KESSEL [Applicant/Owner] Subdivision Variance to Section 4.4(b), 5001 Blackwater Road (GPIN 1389888246) COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: December 8, 2015 Background: The subject lot was created by a Deed of Bargain and Sale on February 18, 1959. In 1959, the 35,860 square foot lot was zoned AU (Agricultural Unrestricted District), which had no minimum dimensional requirements. The lot is currently zoned AG -2 (Agricultural District) and has a minimum lot area requirement of 43,560 square feet. A subdivision variance is necessary to legally establish this lot based on current requirements. Considerations: Since 1954, all lots created by subdivision require the recordation of a plat. The subject lot was created by Deed in 1959 and as commonly occurred in the 1950's and 60's, a plat was never recorded. The applicant wishes to rectify this oversight and allow the lot to be legally recorded by plat. A single-family home has existed on the site for the past 56 years, and no changes are proposed with this request. Further details pertaining to the site, as well as Staffs 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: The site shall be substantially as shown on the submitted plat entitled "SUBDIVISION PLAT OF PROPERTY OF DONALD L. KESSEL INSTRUCMENT NUMBER 20141008000957060 VIRGINIA BEACH, VIRGINIA," dated May 12, 2015, and prepared by Own & Jordal. 2. The above referenced subdivision plat must be submitted to the Planning Department, Development Services Center, for review and recordation. Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Donald L Kessel Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmetT — City Manager:l,�� t� rxxxxssexx. mein-�.�us�.".. Dondd L. Kassel 7 November 12, 2015 Public Hearing APPLICANT I PROPERTY OWNER: DONALD L. KESSEL STAFF PLANNER: Kevin Kemp REQUEST: Subdivision Variance to Section 4.4 (b) of the Subdivision Ordinance which requires that lots meet all the requirements of the Zoning Ordinance. ADDRESS I DESCRIPTION: 5001 Blackwater Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 13898882460000 PRINCESS ANNE 35,860 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The 35,860 square foot lot was created by a Deed of Bargain and Sale on February 18, 1959 (Deed Book 578, Page 227). In 1959, the lot was zoned AU (Agricultural Unrestricted District), which had no minimum dimensional requirements. Currently, the site is zoned AG -2 Agricultural District, which requires a minimum lot area of 43,560 square feet. Proposed Lots: Since 1954, all parcels created by subdivision require the recordation of a plat. As the lot was created by deed in 1959, a Subdivision Variance is necessary in order to legally establish the parcel based on current requirements. No dimensional changes are proposed to the current configuration. The table below compares the relevant dimensional requirements of the AG -2 Agricultural District with those subject lot. DONALD L. KESSEL Agenda Item 7 Page 1 Required Subject Lot Lot W id[h in feet 150 199.71 Lot Area in square feet 1 43,560 35,860' Lot width is measured at he rear of the required pant yard, not at the rightof-way Verfance is required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family dwelling /AG -1 Agricultural District USE AND ZONING: South: . Cultivated fields / AG -2 Agricultural District East: . Blackwater Road . Single-family dwelling & cultivated fields / AG -1 8 AG -2 Agricultural Districts West: . Cultivated fields / AG -2 Agricultural District NATURAL RESOURCE AND The majority of the site is undeveloped grass area. The site is CULTURAL FEATURES: located within the Southern Rivers Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. There is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites. The Comprehensive Plan's Rural Preservation policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. (pp. 5-1 to 54) IMPACT ON CITY SERVICES There are no impacts to City services expected with this request. DONALD L.KESSEL Agenda Item 7 Page 2 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION The subject lot was created by deed in 1959; however, as commonly occurred in the 1950's and 60's, a plat was never recorded. This Subdivision Variance will rectify this oversight and allow the lot to be legally recorded by plat. The site has contained a single-family dwelling for the past 56 years, and no change to this land use is proposed with this request. The subject lot will remain the same in size and number of dwelling units, and is compatible with the rural character of the surrounding area. Based on the considerations above, Staff believes there will be no adverse impacts on the adjacent properties and recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be substantially as shown on the submitted plat entitled "SUBDIVISION PLAT OF PROPERTY OF DONALD L. KESSEL INSTRUMENT NUMBER 20141008000957060 VIRGINIA BEACH, VIRGINIA; dated May 12, 2015, and prepared by Owen 8 Jordal. 2. The above referenced subdivision plat must be submitted to the Planning Department, Development Services Center, for review and recordation NOTE: Further conditions may be 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. DONALD L.KESSEL Agenda Item 7 Page 4 4 J' ROP PROPOSED SUBDIVISION PLAT DONALD L. KESSEL Agenda Item 7 Page 6 rne� I i ` r .;YFr . 'i•c P t P t Iii I, �s�•Ei 9 a �sl s e s �7 6, fYi ii;4 t t; '`t W U w 6 I w V ¢ W o'Ai CR IL 18(IJO' 4 :F1 i 91 PROPOSED SUBDIVISION PLAT DONALD L. KESSEL Agenda Item 7 Page 6 PRINCESS ANNE DISTRICT— spot elarr,..rn wm Donald L. Kassel AG -1 1 AG -1 WE All Aat <65 dB DNL AICUZ Aa>rz Subdivision Variance APPLICATION TYPES CUP = Condiponal Use Permit MOD = Modification of Conditions or Proffers FVR = Floodplain Variance REZ=Rezoning NON= Nonconforming Use ALT= Altemafive Compliance CRZ=Conditlonal Rezoning STC =Street Closure SVR= SubdiNsion Variance # DATE 1 REQUEST ACTION 1 07107/1992 1 CUP (Single -Family Dwelling) Approved ZONING HISTORY DONALD L. KESSEL Agenda Item 7 Page 7 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 Reach 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 by City Alternative Compliance, Special Eue oil.. for Board of Zoning Appeals Cenificate of Appropriateness (Historic Review Board Chesapeake Bay Preservation Area bard Conditional Use permit Dispositlon of City Pro rty omic EwnDevelopment Investment Program EDI Encroachment Request Flogdplaln Variance Franchise Agreement Lease of City property License Agreement Nonconforming Use Changes BA] lonIn, Street Closure subdivision Variance Welland. 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 I / APPLICANT DISCLOSURE ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the aow CAArr q a corporation, partnership. firm, business, or rotas mE oxLr Nuaueoso�.: mon D<�warta wa ol..esa e�mmuw Pegel ofa e eommmwo x,eo ^a a'OAll ^e D 41LKµt NOT,nEn O{IMFµ,xL xo exµess asm once 3/2075-K _a aswxgxs swwrteo ouc DISCLOSURE STATEMENT DONALD L. KESSEL Agenda Item 7 Page 8 other unincorporated organization, AND THEN complete the (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners. etc. below: (Attach list Ifneousmy) Donald L. Kessel (B) List the businesses that have a parent-subsidlaryI or affiliated business entity 3 relationship with the Applicant: (Attach list If necessary) see nen page for Information pertaining to footnotes' and 3 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 inuy if vrootins, vwne, is difficult from M I' ® Check here If the PfiQPERTy OWNER IS NO corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER ISa corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Properly Diviner's name followed by the names of all officers, directors, members, trustees, partners, etc below: (Attach list ifnecessaryJ (B) List the businesses that have a parent -subsidiary' or affiliated business entity 1 relationship with the Property D,vner: (Amach list ifnecessary) The disclosures contained in this form are necessary to Inform public Page 3 of I cBidais who may vote on the application as to whether they have a conflict of interest under Virginla law. DISCLOSURE STATEMENT DONALD L. KESSEL Agenda Item 7 Page 9 1 'last. subsid., raW..-h.W m ne MiamMp flat lits. wben ale rorpppopn dbattp or mplrec0y yens Shares possessing more Ilan 30 peters of the sully peer M Mi`dAmM Supineness Say Sae and Latl Government losses of Intoes. All. V. Cord, 12 2 3101 2 'Milnted business entity relationship -'a rairtheryinim, fairs, than p .taW,idlary relationship. that ensfy n4an 10 onebusiness ..., las a controlling ome.hlp Interest In the Other business entity, 1111 a commilly owner In one entity Is also a controlling seen In the doer MAY a rte there IS slam maWemenl or control peaeen the bMnless a s. Factory mal should by onymered m dem—mum, me ernore, of an afnrned business entry relationship ietlude met In, me Anon or summinially the $Anne person ownanage me Mo entities; mere art common or mmlyled n funds or . to buseass entities share ine use of mme e saoxmeey rwi en or eoM or .Mu share Mrvnkse1r a pnomel m a regular gayly. or tWe Is a manse a alae venture, relationship bem'eethe centities ' W State and Latl Gmernmenl Conflict of Interests act. Va CadeS 22'3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services ono pmVIdetl in connection with the subject of the aoolicatlon or, boll b< tl on theprone . g the answer to any item Is YES, please Identify the firm or IntlWidual providing the Service: FW SERVICE PROVIDER aM.rlwml MaMoa ❑ ® your uarhe and/or pmpardr of ❑ ® Archllea/ Una cape Amhltaes/ land Mannar A MW The disclosures contained In his form ate necessary to Inform poli, page 3 of e oRcuis whop mry Vote p he application as to wbahn that have a cons itt of interest under Vicginla law. DISCLOSURE STATEMENT DONALD L. KESSEL Agenda Item 7 Page 10 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have •c—r' an interest in the subject land or any proposed development IiR� comingenc on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interestP __ that all of the information contained in this Disclosure Statement Formic le, true, and accurate. rstand that, upon receipt of notification that the application has been led for public hearing, I am responsible for updating the information provided Iwo weeks prior to the Planning Commission. Council. VEDA meeting, or an. y.ubl�ic body or committee m connection with this A_pplu atipn. ,.f. ��'L� "t! !� - _est Lit i i _, �✓ isslClNilMf _—. - newt NAME The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the spobcauan as m whether they hive a conflict of interest under Vnginia law DISCLOSURE STATEMENT DONALD L. KESSEL Agenda Item 7 Page 11 Financing (Include current --- ---_t— ® ❑ mortgageholders and lenders selected or being considered to provide financing for acquisition Monarch Bank or construction of the property) W Li O ® Bykes, Bou[don, are 8 F vy, P.C. Lepel Services A Real Estate Brokers / gent[ 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—r' an interest in the subject land or any proposed development IiR� comingenc on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interestP __ that all of the information contained in this Disclosure Statement Formic le, true, and accurate. rstand that, upon receipt of notification that the application has been led for public hearing, I am responsible for updating the information provided Iwo weeks prior to the Planning Commission. Council. VEDA meeting, or an. y.ubl�ic body or committee m connection with this A_pplu atipn. ,.f. ��'L� "t! !� - _est Lit i i _, �✓ isslClNilMf _—. - newt NAME The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the spobcauan as m whether they hive a conflict of interest under Vnginia law DISCLOSURE STATEMENT DONALD L. KESSEL Agenda Item 7 Page 11 Item N7 Donald L Kessel Subdivision Variance 5001 Blackwater Road District 7 Princess Anne November 12, 2015 CONSENT An application of Donald L. Kessel for a Subdivision Variance to Section 4.4 (b) of the Subdivision Ordinance which requires that lots meet all the requirements of the Zoning Ordinance on property located at 5001 Blackwater Road, District 7, Princess Anne. GPIN: 13898882460000, CONDITIONS 1. The site shall be substantially as shown on the submitted plat entitled "SUBDIVISION PLAT OF PROPERTY OF DONALD L. KESSEL INSTRUMENT NUMBER 20141008000957060 VIRGINIA BEACH, VIRGINIA," dated May 12, 2015, and prepared by Owen & Jordal 2. The above referenced subdivision plat must be submitted to the Planning Department, Development Services Center, for review and recordation. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 7. By a vote of 11-0, the Commission approved item 7 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant AYE 11 NAY ABS0 ASSENT 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 7 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant a O E anuany onowled c" F� V q v~i _ N z ! W Q - x z _.-.- z 14001 J ahiq II!W aa3pM u Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LINA MERCER [Applicant] 1408 MILL DAM ROAD, LLC [Owner] Subdivision Variance (Section 4.4(b)) Property located along Mill Dam Road and Palmetto Avenue, totaling 1.18 acres (GPIN 2408396466) COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: December 8, 2015 ■ Background: It is the intent of the applicant to re -subdivide three lots, comprising 1.309 acres of upland, into four single family parcels. When the property was originally platted in the 1960s, the frontage along Palmetto Avenue met the lot width requirements. The Zoning Ordinance specifically excludes wetlands from counting towards meeting the minimum requirements for both lot area and lot width. In 1984, the City of Virginia Beach improved Palmetto Avenue, including the installation of a cul-de-sac. Due to this, property from the subject lot was acquired and, as a result, the lot width along Palmetto Avenue was reduced. In addition, the existence of wetlands on the site in the front yard setback contributes to the deficiency of lot width for proposed Lot 1. ■ Considerations: As set forth in the Zoning Ordinance, Lot 1 will exceed the minimum lot area of 10,000 square feet, but will be deficient in lot width by 10.5 feet, resulting in 69.5 feet of lot width, rather than the 80 feet required. Further details pertaining to the application, as well as staffs evaluation of the request, are provided in the attached staff report. There were three speakers in opposition to the request. Concerns were raised related to: increase in traffic, loss of trees, buffering, flooding potential and lack of hardship. ■ 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 an added a condition (#2 below) that establishes a buffer between the existing home at the corner of Mill Dam Road and Palmetto Avenue and the proposed driveway that will serve a new dwelling on Lot 3. The recommended conditions are: 1. When the property is subdivided into four parcels, it shall be in substantial compliance with the exhibited entitled, "Mercer Cove," prepared by American Engineering, dated 09/01/2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Lina Mercer Page 2 of 2 2. A row of evergreen shrubs, subject to a species and location approved by the Development Services Center Landscape Architect, shall be installed along the entire length of the driveway that will serve proposed Lot 3 in order to provide a buffer between the existing adjacent dwelling located at the comer of northeast comer of Mill Dam Road and Palmetto Avenue and the proposed development. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmen t/Agency: Planning Departme � ^ City ManagerQ . z8WIL LINA MERCER 5 .. j November 12, 2014 Public Hearing Vj , REQUEST: Variance to Section 4.4(b) of the Subdivision Regulations APPLICANT: LINA MERCER PROPERTY OWNER: 1408 MILL DAM ROAD, LLC STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: Property located along Mill Dam Road and Palmetto Avenue, totaling 1.18 acres GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24083964660000 LYNNHAVEN Proposed Lot 1 Less than 65 dB DNL 1.188 total acres/0.408 acres of upland BACKGROUND / DETAILS OF PROPOSAL Existing Lots: There are three existing lots that the applicant has purchased with frontage along Mill Dam Road and Palmetto Avenue. It is the intent of the applicant to re -subdivide the three lots, comprising 1.309 acres of upland, into four single family parcels. Proposed Lots: Under the existing R-10 Residential District zoning, Lot 1, as proposed, will not meet the required 80 -foot wide lot width requirement at the front yard setback. LINA MERCER Agenda Item 5 Page 1 The table below compares the relevant dimensional requirements of the R-10 Residential District with those proposed for the new lots. Required Lot 1 Lot Width in feet 80 89.51 Lot Area in square feet 1 10,000 17,778 Lot width is measured at the rear of the required front yard, not at the right -o way. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: There is a single family dwelling partially on the property that will be subdivided into four lots. The portion of the property where Lot 1 is proposed is vacant. SURROUNDING LAND North: . Single-family dwellings / R-10 Residential District USE AND ZONING: South: . Single family dwelling / R-10 Residential District . Mill Dam Road East: . Tributary to Chesapeake Bay . Single-family dwellings / R-20 Residential District West: . Palmetto Avenue . Single-family homes/ R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. More specifically, CULTURAL FEATURES: the property falls within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. A variance for encroachment into this sensitive area was approved with conditions by the City of Virginia Beach Chesapeake Bay Preservation Area Board on August 24, 2015. Portions of the site are within the Flood Zone AE, however; no land disturbance is proposed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within 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 the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 to 3-3) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN fil / CAPITAL IMPROVEMENT PROGRAM (CIP): Palmetto Avenue is considered a local street with a cul-de-sac. There are no roadway CIP projects slated for Palmetto Avenue. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Mill Dam Road 9,200 ADT' 9,900 ADT' (LOS --D-) Existing Land Use 2— 30 ADT 11,100 ADT (LOS 'E') Proposed Land Use — 40 ADT Average Daily Trips as defined by three, R-10 lots as defined by four, R-10 lots LOS = Level of Service WATER: All lots must connect to City water. Hydraulic analysis will be required to ensure water demand can be met. There is an existing 16 -inch City water main along Mill Dam Road and a four -inch City water main along Palmetto Avenue. SEWER: All lots must connect to City sanitary sewer. Analysis of the receiving sanitary sewer collection system will be necessary to verify that there is adequate flow for the development. Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordjnAJ�T'.'gT ,^._ Agenem 5 age 3;' EVALUATION AND RECOMMENDATION When the property was originally platted in the 1960s, the frontage along Palmetto Avenue met the lot width requirements. In 1984, the City of Virginia Beach improved Palmetto Avenue, including the installation of a cul-de-sac. Due to this, property from the subject lot was acquired and, as a result, the lot width along Palmetto Avenue was reduced. The minimum lot width requirement for the site was still met, as the site also fronts Mill Dam Road. The Zoning Ordinance specifically excludes wetlands from counting towards meeting the minimum requirements for both lot area and lot width. Consequently, the existence of wetlands on the she in the front yard setback creates a deficiency of lot width adjacent to Palmetto Avenue. As the applicant now desires to divide the parcel into four lots, the fact that the City acquired properly for improvements to the right-of-way and the presence of wetlands on the site have contributed to proposed Lot 1's deficient lot width measurement. Lot 1 will exceed the minimum lot area of 10,000 square feet, as will all of the other three proposed lots. The only deficiency with this request is the 10.5' in lot width for Lot 1, resulting in 69.5 feet of lot width, rather than the 60 feet required. It should be noted that the Public Works Staff has indicated that there is sufficient frontage along Palmetto Avenue to install a driveway compliant with Public Works standards. In Staffs view, due to the combination of the taking for right-of-way improvements and the existence of the environmental features that impact the lot width measurement, specifically tidal wetlands, the request for the Subdivision Variance for Lot 1 is acceptable and is recommended for approval subject to the conditions below. CONDITIONS 1. When the property is subdivided into four parcels, it shall be in substantial compliance with the exhibited entitled, "Mercer Cove," prepared by American Engineering, dated 09/01/2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A row of evergreen shrubs, subject to a species and location approved by the Development Services Center Landscape Architect, shall be installed along the entire length of the driveway that will serve proposed Lot 3 in order to provide a buffer between the existing adjacent dwelling located at the corner of northeast corner of Mill Dam Road and Palmetto Avenue and the proposed development. NOTE., Further conditions may be 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. LINA MERCER Agenda Item 5 Page 4 c A NOW Q a d _F am A NOW I I r\ / l �4 ' .r.r. I Lo -Ti LOT I a MFI pi WSFEVFESENRo 2 4 pNYCRSNMIIINEOf I 1 Iwv/lwnsue I C01A/11110YfIR OVIIIImEYFc iRY! I I I O* WIOiX IXMWI yWy— I'-50' Slyrt- AMERICAN PROPOSED LOT 1 o.n wnsns 1 Engineering. MERCER COVE ho,tlf vlsuo' n/I •;Hn�' ownrese - •••� VIRPXLLRE.KM VIRGINIA PROPOSED SITE LAYOUT LINA MERCER Agenda Item 5 Page 6 Ot _ OVOB WVU IIIW 8061 rwuv�nnev 33r Aran 74l�� It !Lfa( i fit nwrnRoen 311{ f gfig t 9 ai 3�a ►' HIM Tp OVERALL LAYOUT OF PROJECT LINA MERCER Agenda Item 5 Page 7 LYNNHAVEN DISTRICT 1a08 Mill Dam Road LINA MERCER tas N ao pt )1aS ec R-20 a> R-10 ' a ra I,I o v R-10 _ f u V 3 oa Ana w R-20 as Nu, uAw. nn MITI Dam Road -------- c 65.1b L A UZ R-10 twr >g y o i Sabd1V)Slarl Variance No Zoning History in the vicinity to report. ZONING HISTORY LINA MERCER Agenda Item 5 Page 8 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness Historic Review bard Chesapeake Bay Preservation Area Board Conditional Use Permlt Disposition of City Property Economic Development Investment Program EDI Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modinra" _of ions or ConditProHen Nonconforming Use Changes Rezoning Street Closure Subdivision Variance 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 I /APPLICANT DISCLOSURE Check here if the APPLICANT /S NOT a corporation, partnership. firm, business, or other unincorporated organization. N I Check here if the APPLICANT IS a corporation, partnership, firm, business, or F6 cmu,EONtr/ul da, ..... s mutt W uld.W My pr Neel: anal R..V mnm Cam n l v 0 n , II 11, 4 th. ,ams W IN PI'u4unP. AIILIC N NOTmeoor NFAl11NG Mr NO CHANGES AS of HSTF' eENNONS SUlMIS1FO MATE' Page t of I DISCLOSURE STATEMENT LINA MERCER Agenda Item 5 Page 9 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/fnecessary) 1400 MUi 1 c" V11,1I.0 Lina Metter * grc,..ltyvc k'a�.k-! Mai,6rn) fy4.yalses (B) List the businesses that have a parent subsidiary' or affiliated business entity z relationship with the Applicant (Attach list if necessary) See neap Page for Information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only Ifyroverry owner Is different f A I" t. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list ifnecesscry) (B) List the businesses that have a parent -subsidiary i or affiliated business entity 2 relationship with the Property Owner: (Attach list //necessary) The disclosures comained In this form are necessary to inform public Page 2 of 4 officials who may wee on the application as to whether they have a conflict of Interest under Ylryinia law. DISCLOSURE STATEMENT LINA MERCER Agenda Item 5 Page 10 1'Parencsubsld0n rebnonshio means 'a relationship that exists when one corpwatlon directly or indirectly owns shares pnaesaing more than $0 percem of the wrong power of naher co"milon.' Ste Sun and Loral Gwernmem Connln of hderesn Act, Va. Cade S 2.g-3101. a 'ARlluded business entity relationship- m relausmadrlp, other than Parent subsidiary relationship. that exlns when m one business Sandy has a mmromy o hership interest In the other business am", 00 a controlling owner In one en0ry Is 4s0 a controlling owner In the other emiry, or all) there Is shared management or commit between the business entitles. factors the should be considered In thrunmining the existence of an aMllated business emiry relationship include met the a... pert.. or substantially the same person cam or manage the MV entities; there are common or commingled funds or asses, the business entitles share the use of the same offices or employees or otherwise share sechnies, rt ¢a .r personnel on regular basis. or them Is alternates a close working rtbtbnship bAween the mthles.- Su scene and Local C rah eat Conflict of Imerests An, Va.CodeS 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the sublect of the ...11otlon or am business ..Statin or to be operated on the Progeny, If the answer to any item is YES, please Identify the firm or Individual providing the service VES FN—o� SERVICE PROVIDER =Sand Snd shwas ■ SA ■ The disclosures contained in this form art pecessary to Inform Public Page 3 of 0 officials who may cote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT LINA MERCER Agenda Item 5 Page 11 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is .,VtJ I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided Virgini. Beach ❑ ❑ Financing include current mortgage holders and lenders selected or being considered to nameE PNM NMIE �cpSie-ka- iswd sdw`� Li F fylaw 4 1.15 ntYsiGxaNRE MJrR faMlE DAIF provide financing for acquisition or construction of the property) ❑ ❑ Legal services ❑ ® Real Estate Brokers /Agents for current and anticipated future sales ofthe subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Dges an official or employee of the City of Virginia Beach have El ® 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, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin Afan ublic body or committee In connection with this A Iidtion. LAvw tYsevw� q.1. is nameE PNM NMIE mn Li F fylaw 4 1.15 ntYsiGxaNRE MJrR faMlE DAIF 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 LINA MERCER Agenda Item 5 Page 12 Item N5 Lina Mercer Subdivision Variance 1408 Dam Neck Road District 6 Lynnhaven November 12 2015 Jeff Hodgson: Mr. Russo, if you can please call the first item. Phil Russo: The first item on the agenda is application q5. An application of Lina Mercer for a Subdivision Variance to section 4.4(b) and 4.4(d) on property located at 1408 Mill Dam Road, District 5, Lynnhaven. Mr. Bourdon. Eddie Bourdon: For the record, Eddie Bourdon, a Virginia Beach attorney representing Ms. Mercer. Ms. Smith did an excellent job in the informal but I'll try to fill in some of the bigger picture items. Ms. Mercer is the owner of this parcel that is shown here outlined as such. That piece of property the amoeba with frontage on Mill Dam Road, and on Palmetto Avenue, contains over 2 1/2 acres of land, of which an acre, probably a little above, but an acre of land is high land. And, understand that the wetland delineation that you see on one of the exhibits down along here, that is basically the two -foot contour, steep slope coming up, the houses that are going to be built on the property as a whole are all built up here in the 12, 13, 14, & 15 foot elevations. Nothing in the floodplain, and frankly it is not like the southern part of the city where wetlands can move around. It is the height of this property, where the wetland delineation line is not moving to any extent. This piece of property is being combined with these other two parcels, and a new subdivision put to record. When Ms. Mercer bought all of this property, the intent was to develop five lots. The property has 57,000 square feet of high land, and all of this road frontage, as well as the road frontage on Palmetto, and in working through the Bay Act, and the Bay Board, the buffer, and everything out of the 50 -foot seaward buffer. These lots are being vacated, and the homes are all on conforming lots, and they are all out of the 50 -foot buffer. And we are down to four as opposed to five, without the Bay Act this would have been five. It is all zoned R-10, and all of the lots that are in the subdivision meet and exceed the R-10 zoning requirements. The one variance that we are here for, and it wasn't discovered until afterwards, the one lot, Lot 1, that uses Palmetto Avenue as its access, the other lots all come off of Mill Dam Road, that Lot 1 contains almost 1.2 acres of land. It contains over 17,000 square feet of high land, and it has at the setback a width of over 20 feet. However, 80 feet is all that is required. However, because the section out here is wetlands, it doesn't count as frontage. So, the variance that is asked for is for the lot frontage to be frontage that has always existed on Palmetto for one home, and that is 69.5 feet. The home and that is at the 30 -foot setback, the home will be built back here, shown on the plans. The home will be in this area here, well over 80 feet back, 10 feet from the neighboring property line from Palmetto. And that is the only driveway, and the only home with access to Palmetto, and this is all the frontage. The frontage is actually measured all the way over here, but this is the demarcation line for the wetlands, and that is the only reason this variance is before you. All of the other lots, all access from Mill Dam, they all meet all the requirements of the Zoning Ordinance. There is no variance required. There are no variances for any of the homes to be closer than any setbacks. They all conform in every manner, shape and form and they all stay out of the 50 -foot seaward portion of the buffer. The Bay Board understands the water is a canal and Is way out here. With all of these acres of existing natural buffer, none of it touched. So, that is where we are. An application that is extremely sensitive to the environment that is by one lot, and Item p5 Lina Mercer Page 2 one home less than the density that would have occurred prior to the Bay Act. These homes will be half million dollar and up homes. The staff recommendation for approval is spot on and the conditions as recommended are acceptable to the applicant. I'll be happy to answer any questions that anybody may have. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you. Phil Russo: Our next speaker in support is Brad Martin. Brad Martin: Questions only. I'll be happy to answer any questions. Phil Russo: Our first speaker in opposition is Patricia Jackson. Patricia Jackson: I am Patricia Jackson. Thank you for allowing me to speak. Jeff Hodgson: Good afternoon. Patricia Jackson: I have a concern and my mom lives at 1416 Mill Dam Road, and I just have a concern for the street coming through there. Well, not a street but a driveway coming through here, which is right next to her bedroom, and the access on Palmetto with traffic coming in there. There are kids that play down there, and it has been a quiet street. We've already been impacted by people who built across the street, parking on Palmetto, and another house in there is just going to make the situation worse in the cul-de-sac on Palmetto. I just have a big concern for that. Jeff Hodgson: And your mother's house is it the one on the comer of Palmetto and Mill Dam? Patricia Jackson: yes. Jeff Hodgson: Are there any questions for Ms. Jackson? Thank you. Phil Russo: Our next speaker is Don Jackson. Don Jackson: Good afternoon Commission. Jeff Hodgson: Good afternoon. Don Jackson: I'm the son-in-law. My mother-in-law is 96 years old. Ed Weeden: State your name for the record. Don Jackson: Excuse me. Ed Weeden: State your name for the record. Item p5 Lina Mercer Page 3 Don Jackson: Don Jackson. I'm the son-in-law of Ms. Bassett Ferebee. Her house is from here to this area. So my main concern is 1 understand there is a driveway that is coming adjacent to her house. This is the side where her bedroom is. Is there going to be enough easement there that they can build say like a 10 -foot buffer or will their access to go all the way up to their property line? That is one of my concerns. Are they going to put a retaining wall there? Is this going to be for just this particular house's driveway for any other persons coming Into the neighborhood? And then back here, on Palmetto, even though this might be her property, but I would love to be able to get with the engineer or the developers to make sure they do not encroach on any of my mother -in-laws property. We'd like to find out if we can develop later on, so I don't know if I would have to be back here to contest what these people have done so far or can we all get along and develop on each other's property? That is about all that have. Jeff Hodgson: Ms. Smith? Carolyn Smith: yes sir. Jeff Hodgson: Can you address his question about the setback of the house in relation to the driveway? The existing property is I believe is your mother -in-laws? Don Jackson: Yes. Jeff Hodgson: Can you estimate the distance from the driveway to the house? Carolyn Smith: I'm not sure I have a survey that that shows the existing house on that lot. Let me ask the applicant's engineer. They did not access his mother -in-laws property so they don't have information on where her home is located. Jeff Hodgson: Okay. Carolyn Smith: So, I couldn't tell you the distance but it appears from the concept plan that at least the area where the driveway could be located is immediately adjacent to that property line. Jeff Hodgson: Okay. I believe one of your questions was would this driveway just be serving that one single family house? I pretty certain the answer to that is yes. It would be just that one house that this driveway would serve. Don Jackson: Okay. Jeff Hodgson: Then your other question about accessing off of Palmetto, they won't be able to encroach on your mother's property back there for their development. They would not have that ability. Don Jackson: Okay. I think one other person is going to bring up an idea, which I thought was a pretty neat idea as well, but you probably have to go into the 50 -foot buffer over here if you built a driveway that could circle around the back area, you could service all the homes, if that is a proposal that you might consider? Thank you. Item M5 Lina Mercer Page 4 Jeff Hodgson: Excuse me. Are there any questions for Mr. Jackson? Thank you sir. Phil Russo: Our next speaker in opposition is Leroy Dozier. Jeff Hodgson: Good afternoon. Leroy Dozier: Good afternoon ladies and gentlemen. My name is Leroy Dozier. My father-in-law owns the property at 1421 Palmetto Avenue, which is actually directly across at this property here. Now, my main concern, and I was the person that brought that up and brought it to the other person's attention that Instead of actually having an entranceway here, is there any way we can come off of Mill Dam and service these lots for that property, since technically it is not going to disturb the wetland but throughout construction and everything they are going to be all through the wetlands. They are going to be up all up in this area. Where you have a 50 -foot buffer or not, the 50 -foot buffer is probably what they will use to actually bring in the equipment, and everything they need for those properties to build those houses. While they are already back in this area building these houses on those lots, is there any way they can come off of Mill Dam to service these areas? That is my question. Jeff Hodgson: I don't think we are going to have an answer for that question. Leroy Dozier: That is my main concern because it is a quiet street and there are a lot of children that do play on that street, and directly in the street. And because of that, it is one of those quiet neighborhoods where kids can actually do that. It is safe enough for these children to be out there. And nobody is flying down the street to get to their house or get away from work or whatever. So, that is a very big concern of ours. Jeff Hodgson: Mr. Ripley. Ronald Ripley: I think it would be good to have the engineer speak to your question is Mr. Martin. But it has been my experience that you don't want to touch those wetlands, and if you touch them, you are in really big trouble. So, I think he can explain that to you a little clearer. I don't think you will be able to do that. Jeff Hodgson: Mr. Thomton. Bob Thornton: Also, I assume that you looked at the plans. There is only one lot going to be added to that street. Leroy Dozier: Yes sir Bob Thornton: The others are all going to enter into from their own private driveway off of Mill Dam, so to add one lot to Palmetto ought not to radically increase traffic in there. I appreciate the concern of the kids and so forth, but one house may generate only four trips a day unless a whole of people live there. Leroy Dozier: That is possibly true, but at the same time, I don't think it would take that much, like I said, just to build a street or a right-of-way off of Mill Dam that would service those houses. Item #5 Lina Mercer Page 5 Bob Thornton: It sounds like a good idea but I think Mr. Ripley is right. To encroach on the wetlands is very difficult, and our staff person, Carolyn Smith, has more than eluded to that. It is not impossible, but it is difficult. You got get another body in the City government to approve it, and there has to be mitigation, and it is not just what the environmental folks want to see. Jeff Hodgson: Mr. Ripley. Ronald Ripley: It seems to be a real large buffer in the backyard of your mother-in-law's house? Leroy Dozier: Not my mother-in-law, his mother-in-law. My father-in-law's house is across the street. Ronald Ripley: You're across the street. I'm sorry. Is there any intention of taking that buffer down because R looks like to me the entrance at the end of Palmetto, it looks like it will be well buffered. I don't see where she would see that. I understand traffic going down the road, but It is a public road. Leroy Dozier: It is a public road. Ronald Ripley: Your father-in-law goes down there all the time, I am sure. Leroy Dozier: He walks down there a lot in the street. Ronald Ripley: But is there any intention to take that buffer down? I would think you would be well buffered. It looks to me, like that but I may be wrong. That is the way it appears to me. Leroy Dozier: It isjust an idea and that is why we are opposed to it. I just wanted to share his thoughts on that. Jeff Hodgson: Are there any other questions? Mr. Weiner. David Weiner: Mr. Dozier, from what my understanding was this morning, lots 1, 2 & 3, they can be built by -right. Nobody has to come in front of us. Lot 4, is that correct? Leroy Dozier: It is Lot 1. David Weiner: Right, 2, 3 & 4. Lot 1 is really the only one that is in front of us to look at that, so I don't think they are going to want to put the driveway around the back. Jeff Hodgson: Are there any other questions for Mr. Dozier? Thank you sir. We appreciate it. Leroy Dozier: Alright. Have a good day. Carolyn Smith: Excuse me Mr. Chairman? Stephen was kind enough to scale off from the distance of the adjacent house to the property line our GIS and it appears that the existing home on the corner of Palmetto and Mill Dam is 11 -feet off of that property line. Jeff Hodgson: Okay. Thank you for looking into that Item p5 Lina Mercer Page 6 Phil Russo: Our last speaker is Horrace Watters. Horrace Watters: Good afternoon Commissioners. My name is Horrace Watters and I live at 1429 Palmetto Avenue. I am a retired Navy. I've been in this area since 1979, walking, hitchhiking all the way down Great Neck, West Great Neck, all the way to Oceana. And what brought me to this property that I reside in is the scenery. I'm a country boy and I like trees and I like the waterway. When I first got there, there was water that you could see, and I beg to differ when someone said that the house hasn't been receding. Actually, my neighbor has sent a letter to you all as well. I would like to hand that out to you. Around the comer of Palmetto, I understand that the driveway is going to come to Palmetto. I understand that in 1980, the City had built that for a reason, to make that cul-de-sac, which I appreciate because that is what brought me to that site. And, with the trees and the environment, the trees are up there. I'm scared. It is a threat to us. If you build that driveway through there, you are going to have to touch the trees. you're going to have to touch the roots. And I noticed that when the Commission drove by in the van about a week ago, I was outside, they didn't get out of the truck, which I'm sure they really didn't want to go into the woods. When you go out there, it is a deep ravine. If you build that driveway, water is going to come down into Palmetto. It is going to create more flooding. More hazard to the can backing out with the long driveway. We've experienced it across Mill Dam. It is where can are coming. It is a public street. I understand it is a public street. We have three houses that are going to be built, four. We are going to have family members coming for Thanksgiving and for Christmas and they are going to walk across to and walk around, and the driveway will flood the streets. Whether it is bad weather or whatever, it is going to happen, which I don't have qualms with that. But I have qualms about the trees. The area blocks our house. The trees block the wind, it helps us with the flooding, and we have that driveway coming down, and the water is going to run right off. And I think in the whole area as I was saying that it hasn't been receding. The houses have been moving all the way around Palmetto. My neighbor's house has been sinking, whether it is because of the wetlands or what, but we have proof. The man that sent that letter to you, he had to build a bulkhead within living there within just three years. He paid $10,000 to have that built to stop his home from sliding. I've been there since 1991. My home is still settling. So, I beg to differ when he says nothing is happening in that ravine over there and the wetlands. So, I'm proof. If you want to research R again, I'll give you the opportunity. I'm just saying that as a resident of Palmetto, there are actions going on with the houses lowering. New homes? He is saying it is 10 -feet up. That could be true. But, I see down the road with the climate change coming with the wetlands, we can't back track any longer. Once those houses are there, those houses are there. So, I am asking Planning Commission to really look at the requirement to do a subdivision variance and stay close to restrictions and the laws to protect the residents on Palmetto. Now, of course, you start with five, you go to four. And, with the architects of course, they are trying to put five houses in there is probably already off the chart. Squeezing another one from 69 to 80 foot, you have a reason for 80 feet than 69. you have a requirement. The residents of Palmetto would like for you to stick close to that rule. That is the only thing that protects us, as far as the wetlands, Chesapeake Bay Act, they did their survey and they said it is okay right now. But when I moved there in 1991, you wouldn't even think about building not even two houses over there. So, it has receded, it had changed but nothing is stopping that water or other stuff to happen in there. So, I'm just asking you to be considerate and look at the positives and the negatives to putting in just that one driveway. It does not seem like much, but it could be more than what we anticipate. And after it is done, it is done. So, like I said, that is what I have and I hope that you take into consideration the residents and protect us from them. Item p5 Lina Mercer Page 7 Jeff Hodgson: Are there any question for Mr. Watters? Thank you sir. Horrace Watters: Thank you and have a nice day. Jeff Hodgson: Thank you. Phil Russo: There are no other speakers in opposition. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. First of all, I would like to thank Mr. Watters for his service to our country, and appreciate Mr. & Mrs. Jackson coming down as well as Mr. Dozier, and their comments. Let me begin to talk a little bit about what the variance is. The variance is for one lot that is again, close to, and is about 180 percent of the size requirement of high land, and it is 10 times the overall size. And this is the frontage after the taking of this property for this road. This is the frontage that the property has and it is not being diminished in any way. And the trees, if you go back to the plan Kevin, we can't touch anywhere, this red line, we cannot touch other than where we are building. We can go 10 feet from the building footprint but out here where the driveway will be, right off here, with nothing over here, will be touched. All of these trees that are along the property's frontage, which is well over 85% of the frontage, going back, none of that can be touched. The Bay Act precludes us from putting any kind of a driveway in here without the Bay Board's approval, and theoretically, you can do that then you are doing damage to the most important part of the upland buffer. There is a lot of other buffer here, but again, putting in any kind of a road is just going to add more impervious surface, which is taboo to the Bay Act and pushes the impervious surface, the development pads out into the 50 -foot seaward buffer, which is and to be able to do that on a development such as this, is a very positive aspect, and that is why the staff and Bay Board approved this. So again, all we're talking about is one lot and the frontage exceeds. It is the entire frontage and it is well over 200 feet and that is because this line, which from the street, you don't know if this is wet because it is all treed and heavily treed. So, the visibility, as Mr. Ripley said, the home is up here, 11 feet from this property line, nothing anywhere close to what's going on here, and these are all, again, by -right homes that meet every requirement as this does, of the Zoning Ordinance with, again with the one exception. Now, with regard to Jackson's mother, mother-in-law, we certainly can plant a row of evergreens on our property between the driveway and the boundary that is shared by their mother -in-laws home. That is something we certainly can do. Again, the reason we've done this is because the Bay Act pushes it back as much as you can, everything you can out of this buffer rather than bring a driveway in over here to serve that piece of property. The otherthing I will point out is in my view, and only my view, I would rather have the driveway buffered for one house only being 12-15 feet away from the house, rather than having a house 10 feet away, which is where the setback is. So, you could put this house 10 feet off of the property line, which is a bigger imposition to someone who has been living here with no one close to her for years, than to have the house over here more than 20 feet away, and just a driveway with a row of evergreens between it and the house. That is something that I think is a better way to handle that concern. Drainage? There is no chance. All of these houses are at 12 -feet elevation, existing natural elevation, which is five feet above the flood elevation, and we are doing nothing, and will not be able to do anything to inhibit the existing drainage, which does flow into that large expanse of upland wetland before It ever gets to the canal that is back there between this property and the Baycliff community. I Item p5 Lina Mercer Page 8 think I've addressed the questions that were brought up with the issues but if I have forgotten any, I would appreciate you all bringing me up to me so I can address them. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you Eddie Bourdon: Thank you. I appreciate it. Jeff Hodgson: Sir, I am sorry Eddie Bourdon: Oh yeah, there is one. We cannot, during construction, I thought I addressed it but maybe not, we cannot do any activity in that 50 -foot buffer, the 50 -foot upland buffer before you get, this area from the red to the blue, we are not allowed to be in here at all, other than we have to remove the portion of the existing home that is encroaching in that buffer that has been there for decades. But all of the trees that are out in this area, we cannot touch and we can't get into that area, and as Mr. Ripley completely accurately described, there would be show causes, there would be thousands of dollars in fines. None of that can take place. I appreciate the concern but that is the whole purpose this has been designed this way, is to leave that area intact and undisturbed. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you sir. Are there any other speakers? Phil Russo: There are no other speakers? Jeff Hodgson: We will now close the public hearing and open it up for discussion. Mr. Bourdon, he actually has the last rebuttal sir. Horrace Watters: 1 would ask permission for one minute. I forgot to mention something. I am just asking for one minute - Jeff Hodgson: Sure. Mr. Bourdon? Horrace Watters: Thank you. From reading the information of the requirements that require the subdivision to be built, it must be a hardship. I heard it talked about and mentioned earlier today. What's the hardship? Is there a reason, a hardship that they are presenting for this? I would like for you all to take that into consideration the hardship they are asking for. The extra 69 to 8 feet, if it is supposed. I forgot to mention that. I would like reasons for hardship. Jeff Hodgson: Okay. Mr. Bourdon? Mr. Bourdon, would you like to comment on this? Eddie Bourdon: As your staff correctly and perfectly indicated the hardship has to do with the creation of the cul-de-sac when the City came in and took the property off of this property, which is the frontage. That pushed the right-of-way closer to the area that is wetlands, and that's what was created. If the road, as originally platted, there was ample frontage measured as it was originally platted. In taking the cul-de-sac that then took this area that is technically not considered to be frontage because it is wetlands. So, again, getting a variance for a lot that had all the frontage that it had for 50 years, and that meets it in every way, visually, that's the hardship, and the relief is certainly not unusual relief whatsoever, and it won't be detrimental to the community, and it won't set a dangerous precedent for Item N5 Lina Mercer Page 9 anybody. There is 200 feet of frontage. That's the bottom line. If you measure it the way it is supposed to be measured but it would have been 80 -feet before the taking took place to create the cul-de-sac way back when. It was a straight line you just measured back 30 -feet and there wasn't any wetlands there. Jeff Hodgson: Thank you. We are now closing the public hearing and opening it up for discussion among the Commissioners. Does anyone want to comment on this? Mr. Inman? Mike Inman: All things considered, I understand the concerns of the neighbors and the ideas they put forward are creative. In terms of traffic control and such, we are looking at a situation where these three houses can be built now. They are adding a fourth and that lot as Mr. Bourdon just pointed out, a hardship was created for that lot by the introduction of the cul-de-sac. We are only talking about 10 feet here. All the lots will exceed the minimum lot area of 10,000 square feet. There is no variance asked for the lot size. It just seems like it a reasonable use of the property. They've got wetland restrictions that have been highlighted by the applicant, the area that cannot be invaded, that will be preserved. All things considered, I think they've got a sufficient hardship to grant this application. Jeff Hodgson: Thank you. Is there anyone else? Jack Wall: I got a few things. Jeff Hodgson: Mr. Wall. Jack Wall: My initial thoughts were that the houses were so close to the property line and the driveway would be within almost reaching distance for the house there. But, the answer was pointed out from the GIS that the house is setback 11 feet from the property line. So, I brought that up In the informal session. I think that has been satisfied in my mind. It would be nice to have some sort of landscaping strip between the driveway and the property line so that the driveway isn't all the way up against the property line. I think that Mr. Jackson brought up the point about the driveway, and it being close to the house. I think that Mr. Bourdon brought up that he knows certainly. And, I do feel the justification of the variance is appropriate. That is all that I have. Jeff Hodgson: Thank you. Is there anyone else? Mr. Brockwell. Ross Brockwell: I'm just saying that, and I think you were, this morning. We had a lot of discussion about the hardship aspect of that. I mean that is really the key element to this. For me, there are two things that I am thinking about in relation to it, and land use is one of them, and precedent is the other, which you mentioned Mr. Bourdon. For me, I think that land use for this piece of property was always been intended for this. There is a long history on this taking of this right-of-way so that for me puts in question in to the discussion about the hardship aspect for the current owner. But I do think it is consistent with what would have always been the land use, and I think because of the specific geometric considerations, it is not of a general nature to set any type of precedent, so, I very much appreciate all the observations and questions but I'm inclined to support this as well - Jeff Hodgson: Thank you. Is there anyone else? Mr. Bourdon? Item #5 Lina Mercer Page 10 Eddie Bourdon: You certainly may want to add a condition that mirrors what I indicated that we will plant a row of evergreens on our property between the shared boundary with the property to the west and the driveway, because that is not in the conditions. So, we are more than happy to do that. Jeff Hodgson: Okay. Thank you. Is there anyone else? Mr. Inman? Mike Inman: I will make a motion to approve the application subject to the additional condition that the row of evergreens be installed by the applicant and the property owner between Lot 3, and the adjacent property on the owner of Mill Dam Road and Palmetto Avenue. Eddie Bourdon: Mr. Inman is correct. It is on Lot 3, with an easement serving Lot 2 but it is on Lot 3. Jeff Hodgson: A motion made by Commissioner Inman with the addition of the condition for the planning to the evergreens. A second made by Bob Thornton. Mr. Weeden, we are ready to vote. Ed Weeden: By a vote of 11-0, the Commission has approved the application of Lina Mercer with the additional condition of plantings. Jeff Hodgson: Thank you. AYE 11 NAY ABS0 ABSENT BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0, the Commission has approved the application of Lina Mercer with the additional condition of plantings. Jeff Hodgson: Thank you. • j Ln y , ►. a a Q Ln y , ►. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REED ENTERPRISES, INC. [Applicant & Owner] Modification of a Conditional Chanoe of Zonino & of a Conditional Use Permit (bulk storage) approved by the City Council on October 8, 2013. Property is located on the west side of Holland Road, 450 +/_ feet south of Dam Neck Road (GPIN 1495138628) COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: December 8, 2015 ■ Background: In 2013, City Council approved a Conditional Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business District and a Conditional Use Permit for a motor vehicle repair garage and a bulk storage yard for vehicles in disrepair. ■ Considerations: Since the 2013 approval, Dominion Virginia Power has modified its policy and no longer permits stormwater ponds to be located under transmission lines. Due to this change, the applicant is requesting approval of a revised layout that relocates the stonnwater management facility to the opposite side of the parcel and places parking spaces within the easement, under the transmission lines. According to the application, no other revisions to the plan or to the architectural elements of the proposed building are anticipated. Further details pertaining to the application, 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 proffers and conditions: PROFFERI Proffer #1 in the 2013 Proffers is deleted and replaced with the following: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN OF DAM NECK CAR CARE CENTER EXPANSION FOR REED ENTERPRISES," prepared by Land Design and Development, Inc., dated 07/24/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). Reed Enterprises, Inc. Page 2 of 2 PROFFER As expressly modified herein, the remaining proffered Covenants, Restrictions and Conditions contained in the 2013 Proffer are hereby re -adopted, ratified and affirmed. CONDITIONS 1. All conditions attached to the Conditional Use Permit approved on this site on October 8, 2013 are deleted and replaced with the conditions below. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced bulk storage yard. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. 5. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning Department's Landscape Architect, the storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A landscape plan shall be submitted at the time of final site plan review. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Proffer Agreement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. I_ Submitting DepartmentfAgency: Planning Departme� � City Manager:( Wr k, "N"4' ��JJJttt��lll �/ _ \\ /ENIFRPP6F5, INC. 2 November 12, 2015 Public Hearing APPLICANT & PROPERTY OWNER: ENTERPRISES,INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Chance of Zoning & of a Conditional Use Permit (bulk storage) approved by the City Council on October 8, 2013 ADDRESS / DESCRIPTION: West side of Holland Road, 450 +/- feet south of Dam Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14951386280000 PRINCESS ANNE 3.014 acres Greater than 75 dB DNL APZ 2 BACKGROUND / DETAILS OF PROPOSAL For more than a decade, the applicant has owned and operated an automobile service station and an auto service center at the southwest corner of Dam Neck Road and Holland Road. These projects have been used as a benchmark of quality for other similar proposals in the area. In 2013, on the subject property, which is adjacent to the applicant's existing auto service station, the Virginia Beach City Council approved a Conditional Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business District and a Conditional Use Permit for a motor vehicle repair garage as well as a storage yard for vehicles in disrepair. Since then, Dominion Virginia Power has changed its policy and no longer permits stormwater ponds to be located under transmission lines. As a portion of this site is encumbered by a Dominion Virginia Power easement, and the 2013 approved plan proposed a stormwater management facility within this easement, the proffered plan and the Conditional Use Permit must be modified. With the revised layout, the proposed stormwater management facility will be relocated to the opposite side of the parcel and several of the parking spaces will be within the easement. According to the application, no other revisions to the plan or architectural elements of the proposed building are anticipated. REED ENTERPRISES, INC. Agenda Item 2 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: vacant wooded site SURROUNDING LAND North: . Holland Road USE AND ZONING: . Office warehouse / Conditional 1-1 Light Industrial District South: . Single family dwelling / AG -2 Agricultural District East: . Single family dwelling / AG -2 Agricultural District West: . Single family dwellings, auto repair and fuel sales / AG -2 Agricultural District, Conditional B-2 Community Business District NATURAL RESOURCE AND The site is within the Southern Rivers watershed. It is partially CULTURAL FEATURES: wooded and clearing of the site is underway. Other than the lumber, there do not appear to be any other significant environmental or cultural features on the site. COMPREHENSIVE PLAN: This site is identified as in the Suburban Area, just west of Special Economic Growth Area (SEGA) 3 — South Oceans. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non- residential. Achieving these goals requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. The Special Area Development Guidelines for the Suburban Areas addresses both site and building design to improve the quality of our physical environment. Commercial uses that adjoin areas planned for residential uses should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. Screening may include fences, walls, berms, hedgerows and massing of plant material. Parking areas should be located toward the rear or side of the site while buildings should be generally oriented to the front. Whenever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities. All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or the night sky. Lighting on non- residential buildings should be designed as an integral part of the building's architecture to be as unobtrusive as possible. Lighting on buildings that face residential areas should be designed and placed so that it does not direct or reflect any illumination into residential areas. All signs should be consistent in color and theme with the primary building (pp. B-7 thru B-10). REED ENTERPRISES, INC. Agenda Item 2 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN Illi I CAPITAL IMPROVEMENT PROGRAM (CIP): This site is within the limits of CIP Project #2.158.000, Holland Road Phase VI (VDOT). Construction has begun and is scheduled to end in October 2017. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 200 Holland Road 16,400 ADT f 15,000 ADT (LOS 4"C") 16,200 ADT (LOS "E") a ADT Proposed Land Use — 200 ADT Average Daily Trips 'as defined by future bulk storage and auto repair garage s no change anticipated < LOS = Level of Service WATER: This site must connect to City water. A one -inch water service line is proposed to be extended to this parcel with CIP 5-024 (Holland Road — Phase VI Water Improvements). SEWER: This site must connect to City sanitary sewer. A four -inch sanitary force main is proposed to be extended to this property with CIP 6-057 (Holland Road Phase VI Sewer Improvements). Analysis for the receiving sanitary sewer system will be required during final site plan review to ensure that there is adequate capacity for the proposed development. EVALUATION AND RECOMMENDATION This modification of both the Conditional Zoning Agreement (proffer agreement) and the Conditional Use Permit is rather minor and is recommended for approval, subject to the same conditions approved in 2013. The shift in the plan in order to relocate the stormwater management facility outside of the Dominion Virginia Power easement will not impact the quality of the development, nor, in Staffs opinion, have any negative impacts to surrounding properties. Staff recommends approval of this request with the modified proffers submitted and with the recommended conditions for the Conditional Use Permit, which follow the proffers. REED ENTERPRISES, INC. Agenda Item 2 Page 3 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(hX1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer #1 in the 2013 Proffers is deleted and replaced with the following: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN OF DAM NECK CAR CARE CENTER EXPANSION FOR REED ENTERPRISES; prepared by Land Design and Development, Inc., dated 07/24/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: As expressly modified herein, the remaining proffered Covenants, Restrictions and Conditions contained in the 2013 Proffer are hereby re -adopted, rated and affirmed. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the prgect. The City Attorney's Office has reviewed the proffer agreement dated August 31, 2015, and found it to be legally sufficient and in acceptable legal form. REED ENTERPRISES, INC. Agenda Item 2 Page 4 CONDITIONS 1. All conditions attached to the Conditional Use Permit approved on this site on October 8, 2013 are deleted and replaced with the conditions below. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced bulk storage yard. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. 5. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning Departments Landscape Architect, the storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A landscape plan shall be submitted at the time of final site plan review. 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 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. REED ENTERPRISES, INC. Agenda Item 2 Page 5 Proffers approved by City Council on October 8, 2013: PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING AND USE PERMIT OF DAM NECK CAR CRE CENTER EXPANSION FOR REED ENTERPRISES" prepared by Land Design and Development, Inc., dated May 31, 2013, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "REED ENTERPRISES — DAM NECK AUTO SERVICE CENTER HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA (PG A-2)" dated 5-10-13, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFERS OF PREVIOUSLY APPROVED REZONING IN 2013 REED ENTERPRISES, INC. Agenda Item 2 Page 6 Conditions of October 8, 2013 Conditional Use Permit: 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced bulk storage yard. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. 4. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning Department's Landscape Architect, the storage yard shall be enclosed with Category A screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 8. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 7. A photometric plan shall be submitted at the time of final site plan review. 8. A landscape plan shall be submitted at the time of final site plan review. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT REED ENTERPRISES, INC. Agenda Item 2 Page 7 1 > J i � �° �� , � v 0 S PROPOSED SITE LAYOUT AND SURROUNDING AREA REED ENTERPRISES, INC. Agenda Item 2 Page 9 a cc cc PROPOSED SITE LAYOUT AND SURROUNDING AREA REED ENTERPRISES, INC. Agenda Item 2 Page 9 i Relocated BMP Proposed Office - 3,000 square feet WEt s-b]s 8 i] , -9 Relocated Parking Spaces w -z r awu� u,[ Proposed Shop Area - 8,000 square feet Proposed Outdoor Storage Area 'M 41G 10Lim - - 0 K_p i d I nslr> I I SITE LAYOUT ENLARGEMENT REED ENTERPRISES, INC. Agenda Item 2 Page 10 2013 APPROVED SITE LAYOUT REED ENTERPRISES, INC. <`p Agenda Item 2 2 Page 11 �.?10 PRINCESS ANNE DISTRICT a , REE B p�. AV .2 ■ B.2 yai � �Oa 1 � AG.2 ENTERPRISES, INC. 5 Modifimtion of Proffers & Conditional Use Permit APPLICATION TYPES CUP= Corditional Use Permit MOD=Mod"XIonof Condifionsor Proffers FVR= Flood plain Vanence REZ=Rezoning NON= Nomm.fonning Use SON= ALT= AN= rv. Compliance CRZ= Conditional Rezonin Closure SVR=S.Wd ision Venance # DATE REQUEST ACTION 1 10/08/2013 REZ (AG -2 to Conditional B-2) Approved CUP auto repair garage & storage and Approved 2 02/22/2005 RFS (AG -2 to Conditional B-2) Approved CUP auto repair) Approved 3 05/28/2002 CUP (animal shelter addition) Approved 12122/1986 CUP animal hospital, shelter & kennel A roved 4 02/23/1999 CUP communication tower A roved 5 0912211986 SVR Approved 12/05/1983 REZ (AG -1 Agricultural District to 1-1 Light Industrial District) Approved ZONING HISTORY REED ENTERPRISES, INC. Agenda Item 2 Page 12 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 by City Alternative Compliance, Special Exception for Board of Zoning appeals Certificate of Appropriateness Nislotic Revlew Boats Chesapeake Bay Preservation Area Board Conditional Use Permit 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, frm, business, or other unincorporated organization. ® Check here If the APPLICANT IS a corporation, partnership, firm, business, or Cm u OIE OnI ni PRge1 d4wnn Cmmmi IME.UIYG ie rro [3 ..T NOTIII1. Of D NO CIMMGFS.CS Of pgif a_ RA'aIOM SYBMIRED _ gn DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda Item 2 Page 13 other unincorporated organization, AND TNEN complete the fo ming. (A) Ilst the Applicant's name followed by the names of all officers, dire cmrs, members, trustees, partners, etc. below: (Attach list ifnecessary) Reed Enterprises, Inc.: Neal Reed, President; Manjula P. Reed. Vice President (6) List the businesses that have a parent -subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list If neassary) see nevi page far Information pertaining t0 footnoted and a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Smtion 2 only iforrasnartv simmer is diN from A I' ❑ Check hem If the PROPERTYOW NER IS NOT a corporation, Partnership, firm, business, or .,her unincorporated organization. ❑ Check here If the PROPERTY OWNER ISa corporation, partnership, firm, business, or other unincorporated organization, AND IZM.. complete the following. W list she Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc below: (Attach list ifnecessary) (0) List the businesses that have a Parent-subsidlary i or affiliated business entity a relationship with the Property Owner, (Attach list If necessary) The disclosures contained in this form are necessary to inform public Page 2 of a officials who may vote on the application as to whether they have a cooma of interest under Virginia law. DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda Item 2 Page 14 I -earenesubvaiary relationalur means 'a relanmmly that ands arena one <wpunnan directly m Indirectly owns ,harts podnsm, muse than so pertmt or the owning power of anomer ewpm u on Sm Sun and Lrcai eovemmem Cmmi N Interests ear to. Code 52sa l of a 'aflNated business imnty rth omelo' me relationship. enter her Nan subsidiary relationships b anhips that exists amen til audn nv enOw her is cammiisng ownenMp Interest In the other business ash,, Oa a controlling better in one entity Is also a con0aung rimer In the other emit, or half then Is shared management o mrd bom xeen the bbn wa s. 9n mM aoer vunl be nnaand In denrmmm�g the existence of an mWaed business entity relationship indum that the me annow or subvtamhlly the same penes mMampare manage the eties, there aranw nn or commingled funds or nxtl. the business entities sham the use of the same o%ka or employees or wheMx share activists, re or personm nel on a regular basis, there if othrwne a clove working rtbtlonsMp hater en the entitles' See State and Local Commusem Century of Intnvn M, W. CoseS 223101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection wish the sub act of the ...liodon or any bus mess ooerin no or to be a rated on the Problem. If the answer to any item is YIS, please identify the firm or IndMdual providing the service: 0 Tie disclosures contained In this form are meussary, to Inform public Nage 3 trial .Mci.ic who may awe on,heippllUtion O merhnher they have a conflict al literary under Virginia law. DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda Item 2 Page 15 SERVICE IROVIDERI.naemm.. alwena ® Accounting..&an p,ewrn of year u. mum ❑ Alchltect/ Landscape Archhect/ HW Bdrtou Lased N ... at contract purchaser til other than ® the Applicant) - identify purchaser read Puytherne, service providers Any other pending or proposed ® purchaser births subject properly Odentify purchaseda) and purchaser's service provident) ® Consrualon China.. Initial/Summon Itairsel 0as1gn6 Davwoprwnt Tie disclosures contained In this form are meussary, to Inform public Nage 3 trial .Mci.ic who may awe on,heippllUtion O merhnher they have a conflict al literary under Virginia law. DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda Item 2 Page 15 �- Does an official or employee of the City of Virginia Beach have ❑ ® slnand as (Include current ❑ ® ..",age holders and lentlen selected or being considered to Neal Read, Resident provide financing for amphibian WrE or construction Of the 'ns a y) ® El Legal swulom Blaen. Bowel Mere 6 Lary, P.O. ❑ ® Beal Estate Brokers / Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the mine of the official or employee and what Is the nature of the Interest? Neal Read, Resident 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 Ne information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public b or committee in connection with this Applicatiln, Neal Read, Resident aTGllr's MsI Ran NAME WrE raWnlrY Pn1e11SAGMTUIIFMM NAME MTE The disclosures contained in this form are necessary to inform public Page 4 of omclals who may vote on the application as to whether they have a conflict M interest under Virginia law DISCLOSURE STATEMENT REED ENTERPRISES, INC. Agenda Item 2 Page 16 Item #2 Reed Enterprises, Inc. Modification of Proffers West side of Holland Road, 450 feet +/- south of Dam Neck Road District 7 Princess Anne November 12, 2015 CONSENT An application of Reed Enterprises, Inc. for a Modification of a Conditional Change of Zoning and for a Conditional Use Permit (bulk storage) approved by the City Council on October 8, 2013 on property located on the West side of Holland Road, 450+/- feet south of Dam Neck Road, District 7, Princess Anne. GPIN: 14951386280000. PROFFERS PROFFER 1: Proffer #1 in the 2013 Proffers is deleted and replaced with the following: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN OF DAM NECK CAR CARE CENTER EXPANSION FOR REED ENTERPRISES," prepared by land Design and Development, Inc., dated 07/24/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: As expressly modified herein, the remaining proffered Covenants, Restrictions and Conditions contained in the 2013 Proffer are hereby re -adopted, ratified and affirmed. CONDITIONS 1. All conditions attached to the Conditional Use Permit approved on this site on October 8, 2013 are deleted and replaced with the conditions below. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced bulk storage yard. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. S. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning Department's Landscape Architect, the storage yard shall be enclosed with Category VI screening, as specified in the landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. Item p2 Reed Enterprises, Inc. Page 2 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. B. A photometric plan shall be submitted at the time of final site plan review. 9. A landscape plan shall be submitted at the time of final site plan review. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 2. By a vote of 11-0, the Commission approved item 2 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 11 NAY ABS0 ASSENT 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 2 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -9495 DATE: November 24, 2015 TO: Mark D. StilesDEPT: City Attorney FROM: B. Kay Wilso''II DEPT: CityAttorney RE: Conditional Zoning Application; Reed Enterprises, Inc. The above -referenced conditional zoning application is scheduled to be heard bythe City Council on December 8, 2015. 1 have reviewed the subject proffer agreement, dated August 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 Hassan PREKREo9r. jW SYKES. BOURDON. i5f ABERN & LEw. P.C. REED ENTERPRISES, INC., a Maryland corporation FIRST AMENDMENT TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 31a1 day of August, 2015, by and between REED ENTERPRISES, INC., a Maryland corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.014 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 3, 2013 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20131015001228540 (hereinafter "2013 Proffers") to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that proffer a1 in the 2013 Proffers be deleted and replaced as set forth herein and that the remaining proffers be ratified and affirmed; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1495-13-8628 Prepared by: R Edward Bourdon, Jr., Esquire (VSB #22160) Sykes, Bourdon, Ahern & Levy, P.0 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY ME SYC. BOURDON, ABERN & IEVY. P.0 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, 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 are needed to cope with the situation to which the Grantor's modification of condition to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or -quid pm Qm for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer #1 in the 2013 Proffers is deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE PIAN OF DAM NECK CAR CARE CENTER EXPANSION FOR REED ENTERPRISES", prepared by land Design and Development, Inc., dated 07/24/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 3 PREMMED BY SW -a ROORMN. ARERN & LEW. K 2. Except as expressly modified herein, the remaining proffered Covenants, Restrictions and Conditions contained in the 2013 Proffers are hereby re -adopted, ratified and affirmed. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREMREO Br. 517 SYRES. ROURDON. M.AHERN &LEVY. K 4 WITNESS the following signature and seal: Grantor: Reed Enterprises, Inc., a Maryland corporation By: (SEAL) Neal Reed, 15resident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1a day of September, 2015, by Neal Reed, President of Reed Enterprises, Inc., a Maryland corporation, Grantor. My Commission Expires: August 31, 2018 Notary Registration Number: 192628 PFEMFED BY M8 SYKES. BOURDON. AR MIERN & LEVY. RC Notary Public EXHIBIT "A" All that certain tract, piece or parcel of land with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough in the City of Virginia Beach, Virginia, and being designated and shown as Lots 28, 29 and 30 on a plat entitled, "Subdivision for W. W. Sawyer and Edwin J. Smith of a Tract of Land near land Town in Princess Anne County, etc.", which plat is dated May, 1913 and made by J. E. Old Surveyor, and duly of record in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 6, at Page 81; said lots fronting on the southwestern side of Holland Road and taken as a whole containing four (4) acres, more or less; reference to said plat is hereby made for a more particular description of said property fronting on Holland Road. SAVE AND EXCEPT that portion thereof heretofore conveyed for the widening of the existing Holland Road. GPIN: 1495-13-8628 H:\AM\Mod of Proffers\Reed Enterprises\Holland Road\tet Amendment to Proffers.doc PPEMPEO BY .�SYka BOURMN. AHERN & LEVY. K -91 - Item —VI -J.9 PLANNING ITEM #65431 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO DECEMBER 8, 2015, BY CONSENT. Application of PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K SETZER and ROBERT C. SETZElp, LOLITA G ARLAR and E.S.G. ENTERPRISES, INC., for a Conditional Chance ofZoninefrom AG -1 and AG -2 to Conditional R-10 Residential at 2800-1900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7—PRINCESS ANNE Voting., 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 S ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE MEADOWS, LLC [Applicant] / FIVE MILE STRETCH ASSOCIATES, LLC; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. [Owner] Conditional Change of Zoning (AG -1 and AG -2 to Conditional R-10 Residential) 2800-2900 Block of Princess Anne Road (northeast side of Princess Anne Road, opposite the Virginia Beach National Golf Course (GPINS 1494470310, 1494461695, 1494471877, 1494464666,1494475502,1494475847,1494479615,1494481279,1494482492, 1494485388, and a portion of 1485841210) Comprehensive Plan: Suburban Area [Princess Anne Corridor]. Proposal is for 80 single-family dwellings (density of 1.89 units per acre). COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: December 8, 2015 Background: The applicant has consolidated 11 parcels of undeveloped land totaling 42.45 acres for the purpose of developing an 80 -lot single-family residential subdivision. To develop the site as proposed, the applicant is requesting a Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional R-10 Residential District. The City Council deferred this application on November 17 to allow the applicant to make several revisions to the site plan and to the proffers in response to issues related to connectivity of the site to the area around it and to Princess Anne Road, as well as to the appearance of the proposed development from Princess Anne Road. The revisions are described below. Considerations: The Comprehensive Plan provides two distinct but complementary sets of planning policies for the site of the proposed development. The site is located within an area designated as Sub -Area 2 of the Princess Anne Corridor Study, as well as the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons. Policy recommendations for SEGA 4 are provided by the ITA and Vicinity Plan. The site is also within the 65-70 dB DNL Noise Zone — Sub Area 2. For this Sub -Area, Section 1804 of the AICUZ Overlay Ordinance states that the density of residential development be the same or below the density of other similar residential use in the area. The residential density of the applicant's proposed development is 1.89 units per acre, less than the density of surrounding residential communities and less than the density of 2.0 units per acre recommended by the Comprehensive Plan. Princess Anne Meadows Page 2 of 6 Since the time of the November 17 deferral, the applicant has made the following revisions: Revised Proffer 2 of the Conditional Zoning Agreement One of the points of discussion during the Planning Commission public hearing pertained to the designation by the Master Transportation Plan (MTP) of Princess Anne Road, from Ferrell Parkway to Nimmo Parkway, as an 'Access Control Roadway.' The MTP states that private direct access is not permitted on an Access Control Roadway "except when the property in question has no other reasonable access to the circulation system." Currently, the only available access for the proposed development is the location shown on the proffered plan. To address the issue of Access Control, the applicant agreed during the Planning Commission to revise Proffer Two to provide for the closure of the access point for the community located on Princess Anne Road if London Bridge Extended as shown on the MTP was constructed. After the Planning Commission public hearing, additional discussion with the applicant resulted in a more extensive revision to Proffer 2 that provides greater specificity about the requirement for connection of the proposed development to the future roadways of the surrounding properties, as well as the 'trigger for the closure of the access point as proffered by the applicant. City staff prepared a concept plan of the area showing how a system of roadways could provide these connections; that plan is attached. Proffer 2 now also requires that the Homeowners Association Documents as well as Sales Contracts include a statement notifying those purchasing a home in the community that the roadways in the neighborhood may potentially be connected to new roadways in the surrounding area, and accordingly, traffic on neighborhood streets may increase. The revised Proffer 2 states the following: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include with each sales contract as well as part of the Homeowners Association documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the Property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either'London Bridge EM South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. Princess Anne Meadows Page 3 of 6 To enhance the opportunities for roadway connections, the applicant has also revised the site plan to include a new future roadway connection to the west. Landscape Area Parallel to Princess Anne Road: Another outcome of the discussions with the applicant is a new'Frontage Landscaping Plan.' The new plan increases the degree of buffering from Princess Anne Road while also enhancing the view along Princess Anne Road in front of the proposed development. The new plan now includes a multiple series of features, including a six-foot high tan/brown vinyl privacy fence along the rear yard lot lines of the homes, a row of evergreen plantings, a six-foot high aluminum wrought -iron style fence with brick columns, small ornamental shrubs and trees, and large canopy trees. The revised site plan and the 'Frontage Landscape Plan' are attached. Additional details pertaining to the proffered development plan, building elevations, and Staffs evaluation of the request, including consistency with the Comprehensive Plan recommendations for this area are provided in the attached staff report. There was opposition to the application ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 7-3, to recommend approval of this request to the City Council as proffered. ■ Attachments: Conceptual Plan of Sub -Area 2 of Princess Anne Corridor, Revised Site Plan, and Frontage Landscape Plan Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval with the attached proffers. Planning Commission recommends approval. Submitting Department/Agency:PPlanning Department City ManagerS,< LSRaol Princess Anne Meadows Page 4 of 6 Conceptual Plan of Sub -Area 2 (Princess Anne Corridor Study) Showing Roadway Connectivity Alternatives E Princess Anne Meadows Page 6 of 6 Revised "Frontage Landscape Plan" k m w 7Z 3 �o wo zw p� D2 October 14, 2015 Public Hearing 70. a` " RIO, RIO' APPLICANT: �+I All aro PRINCESS ANNE AG] ` All All 7a@cd ,5.'- MEADOWS, LLC. Ali • AG2 :AGI_ Ali` a�.v PROPERTY OWNERS: AGf FIVE MILE STRETCH °' All ITA c ASSOCIATES, LLC; JAMES T. ' n 65-70 eU cdAG3 n AGI F `aro CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning (AG -1 and AG -2 Agricultural Districts to Conditional R-10 Residential District) ADDRESS / DESCRIPTION: 2800-2900 Block of Princess Anne Road GPINS: ELECTION SITE SIZE: AICUZ: 1494470310;1494461695;1494471877; DISTRICT: 42.45 acres 65-70 dB DNL 1494464666;1494475502;1494475847; PRINCESS ANNE Sub -Area 2 1494479615;1494481279;1494482492; 1494485388; and a portion of 1485841210 BACKGROUND / DETAILS OF PROPOSAL Application History At its September 9, 2015 public hearing, the Planning Commission deferred this application for the purpose of providing the applicant time to consider comments and observations from the Planning Commission and to revise the plans and proffers as desired. The applicant has submitted a revised plan that shows five fewer lots, an increase of open space from the previous 19 percent to 29 percent, and greater detail with regard to recreational amenities, circulation, and connectivity. PRINCESS ANNE MEADOWS Agenda Item D2 Page 1 Backaround The applicant has consolidated 11 parcels of undeveloped land on the north side of Princess Anne Road for the purpose of developing an 80 -lot single-family residential development To develop the site as proposed, the applicant is requesting a Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional R-10 Residential District. The proposed development site is located within an area between Holland Road and Princess Anne Road that consists of over 30 separate parcels of various shapes and sizes. The Comprehensive Plan, as part of the Princess Anne Corridor Study ('Corridor Study) refers to this area as 'Sub -Area 2' (not to be confused with the 65-70 dB DNL AICUZ, Sub -Area 2) The specific recommendations of the Corridor Study for this area are discussed later in this report The development of the area as one, or two separate developments, is constrained by the following • The western and northern part of the area is impacted by the proposed alignment of the Southeastern Parkway and Greenbelt (SEPG), its interchange with Princess Anne Road, and its crossing of Holland Road. When the SEPG commences toward construction, it is not yet known how much of the properties in this western portion of the site will be acquired • Ownership in this area is complex. Two of the parcels are owned by family trusts, with one of the trusts held by a trustee located in New York City Finally, three of the parcels located near the Virginia Power right-of-way (and adjacent to the applicant's proposed neighborhood) are small parcels owned by members of the Etheridge family; therefore, any development to the west would be required to protect these properties to ensure compatibility or thoughtfully incorporate the parcels into the development • Staff believes that based on recent U.S Army Corps of Engineers (COE) non -tidal wetland delineations in this area of the city, much of the western part of this area may possess the type of vegetation and meet criteria now used by the COE for identification of non -tidal wetlands • The southeastern part of the area is impacted by non -tidal wetlands, which have been delineated by the COE The applicant has a Memorandum of Agreement with the COE and the Virginia Department of Historic Resources pertaining to development of the subject site • The southeastern part of the area is also constrained by the alignment of a proposed roadway connection between Holland Road and Princess Anne Road that is shown on the Master Transportation Plan. • The entire area known as Sub -Area 2 is impacted by a 66 -foot wide right-of-way owned by Dominion Virginia Power that runs through the area from west to east. Details Site Layout and Lots' The proposed plan consists of 80 lots on 42.45 acres of developable land, which results in a density of 1.89 units per acre). The subdivision is laid out in a traditional suburban pattern with the lots adjacent to each other located on a street system that includes three cul-de-sac roadway terminations. The street right- of-way is shown as 50 feet and the street section on the plan meets City standards Since the requested zoning change is for R-10 Residential rather than PD -H2 Planned Development that was requested with a past application for some of these properties, the setback distance for the yards, the lot coverage, and all of the other dimensional requirements must meet those specified in the Zoning Ordinance for the R-10 District The plan shows a cul-de-sac in the northeastern corner of the site that will allow for the extension of the street to the proposed future roadway connecting Holland Road and Princess Anne Road Staff will ensure that Lots 65 and 66, which are adjacent to the end of the cul-de-sac, are PRINCESS ANNE MEADOWS Agenda Item D2 Page 2 configured such that there is sufficient right-of-way at the end of the cul-de-sac to allow for the connection. The area of the site south of the Virginia Power right-of-way will have 59 lots and the area north of the right-of-way will have the remaining 21 lots The previously proffered plan had two cul-de- sac streets in the center of the southern portion of the neighborhood with lots between the two cul-de-sacs, which resulted in a reduction of connectivity opportunities for the neighborhood. The currently proffered plan shows the elimination of the cul-de-sacs, with the roadways instead connected, increasing connectivity within the neighborhood, as well as pedestrian and bicycle circulation opportunities. The plan shows all of the streets with a sidewalk on at least one side. Connections across the streets from one sidewalk to another are distinguished from the asphalt surface of the roadways by a decorative pattern change in surface treatment (the specific material and design will be determined during site plan review) Open Space / Landscaping: • In addition to private open space associated with each lot, there are 12 35 acres of open space area within the development area. The proffered plan indicates that the open space consists 3 43 acres of lakes, 5.15 acres of forested area, 2.61 acres of managed lawn area, and 1.16 acres of buffer dedicated to the City between Christopher Farms and the proposed right-of-way for the future road connection between Holland Road and Princess Anne Road The cemetery located on the development site is not part of the calculated open space for the proposed community The total area of open space equates to 29 percent of the total site acreage • The plan shows that the open space includes trails around the lakes, as well as a'pet park,' located at the southeast corner of the site, and a recreational area, located just to the north of the Virginia Power right-of-way The recreational area includes playground, gazebo, picnic pavilion with a grill, and a permanent cernhole tournament area. • A trail within the pet park connects to a paved accessway that runs along the eastern side of an existing stormwater pond associated with Princess Anne Road That accessway connects with the bicycle and pedestrian path along Princess Anne Road • A 20 -foot wide landscaped area will be located between the Princess Anne Road right-of-way and the rear lot lines of the parcels parallel to Princess Anne Road. The area will be included in the overall maintenance of the open space areas, as managed by the Homeowners Association The proffered plan indicates there will be a six-foot high, privacy fence, with brick columns installed in the area The area in front of the fence will be landscaped While no tree species is identified on the proffered plan, staff will require evergreen plantings, a recommendation of the Corridor Study, during site plan review. Site Access: Primary vehicular and pedestrian access will be directly from Princess Anne Road at an existing median opening on Princess Anne Road. The median opening is designed for double -left turns to the north and to the south. The access roadway for the proposed subdivision is shown adjacent to the point where a 20 -foot wide lane intersects Princess Anne Road From the point of intersection with Princess Anne Road, the lane extends northward immediately adjacent to the western side of the subject site, providing access to a cluster of houses adjacent to the Virginia Power right-of-way. The status of the lane as private or public is difficult to determine by a review of the various subdivision plats and deeds in the area. The various plats label it as either a "20 -Foot Road," "20 - Foot Lane," or a "20 -Foot R of W " A 1960 plat notes that "A 15 Ft strip along S side of 20' R of W will be dedicated to PA County if or when needed to widen Rd " A 1922 plat (prior to the Commonwealth establishing Princess Anne Road), labels it as "Lane," and based on the length of PRINCESS ANNE MEADOWS Agenda Item D2 Page 3 the property line, the lane extended south of what is now Princess Anne Road, then went southeast along what is now the northern property line of the Virginia Beach National Golf Course until intersecting what is now Princess Anne Road. Some of the plats and deeds for property north of the Virginia Power right-of-way label the road as Schoolhouse Road (as shown on the proffered plan). Based on Staffs research, it is highly likely that the 'lane' is a 20 -foot wide public right-of-way that originally ran from Holland Swamp Road (now Holland Road) to where the small group of houses are located where the lane crosses the Virginia Power right-of-way (formerly a railroad line to southern Princess Anne County), and then eastward to the Courthouse. • The proffered plan shows that the applicant is providing a 50 -foot wide right-of-way roadway connection to the western portion of the area. This connection is located immediately north of the main access on Princess Anne Road. This roadway also provides a means for a driver on the 20 - foot wide lane to access Princess Anne Road • The design of the main entrance into the subdivision from Princess Anne Road will consist of a divided roadway with brick walls flanking both sides of the roadway. The walls will be accentuated at the highest point adjacent to the roadway by columns that are capped with a peaked roof element. As the wall moves away from the roadway, it will gradually curve down to tie into the six- foot high fence described in the previous section. • The neighborhood identification sign will be located in the median of the divided roadway The principal design elements of the sign are the same as the walls flanking the entrance, and include a brick sign panel with brick column elements on both sides, matching those of the roadway entrance. • The identification sign is shown mounted to the brick sign panel Since the sign will be located in the public right-of-way, the applicant will need to obtain an Encroachment Agreement from the City • Emergency access for the community will be provided by a secondary'emergency access lane,' which will extend from the southernmost street in the community to Princess Anne Road via an existing paved lane that runs adjacent to the eastern side of an existing stormwater pond associated with Princess Anne Road. This lane will be improved to support the weight and width of emergency response vehicles and will be gated and secured as required by the Fire Department. Houses. The developer has proffered colored elevation drawings depicting nine house styles that are indicative of what will be built in the subdivision. The styles are compatible with those in the nearest residential neighborhoods, such as Christopher Farms, located to the northeast. Each two-story house will contain a minimum of 2,400 square feet of enclosed living area, excluding the garage, and each one-story house will contain a minimum of 2,150 square feet of enclosed living area, excluding the garage. Every dwelling will have a two -car garage and off-street parking for at least two vehicles Proffer 6 of the Conditional Zoning Agreement states that the exterior building materials will be a combination of architectural -grade shingles, raised metal -seam roof accents, Hardieplank6 or similar fiber -cement siding, or masonry. PRINCESS ANNE MEADOWS Agenda Item D2 Page 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped SURROUNDING LAND North: . Single-family dwellings / R-7 5 Residential District USE AND ZONING: South . Princess Anne Road . Golf course, residential dwelling and undeveloped land / AG -1 & AG -2 Agricultural District East . Undeveloped land / AG -1 & AG -2 Agricultural District . Single-family dwellings / R-7.5 Residential District West . Undeveloped land / AG -1 & AG -2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The applicant has conducted Phase I and Phase II archaeological surveys of the development site. The surveys were a component of the non -tidal wetlands permitting process of the Corps of Engineers (Corps). Federal regulations implementing Section 106 of the National Historic Preservation Act (NHPA) require the Corps to take into account the effects of the proposed permitted action on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) prior to the issuance of permits. Accordingly, the Virginia Department of Historic Resources (DHR), which acts as the State Historic Preservation Office (SHPO) under the provisions of NHPA, requested and reviewed the archaeological surveys. As a result of the surveys, a small area of the proposed development site was identified as being eligible for inclusion in the NRHP A "Memorandum of Agreement (MOA) among Princess Anne Meadows, LLC [the applicant], the Virginia State Historic Preservation Office, and the Norfolk District, Corps of Engineers" pertaining to additional research of the identified area, as well as protection of the historic resources throughout the development site has been agreed upon and executed An additional participant in the preparation of the MOA was Ms Susan Moore, a resident of Christopher Farms, a nearby neighborhood In summary, the MOA requires the applicant to, among other actions, do the following. Develop and implement a data recovery plan for the site identified as being eligible for the NRHP [no development activity can occur in this area until the SHPO allows it]; Conduct a detailed survey of and develop and implement a plan for the Brown Family Cemetery (the general area shown on the proffered plan as "CEMETERY"), and Cease construction activity in the immediate area (100 -foot radius) around any human skeletal material or grave -related features that are encountered outside the cemetery preservation area as well as any potential historic resources uncovered anywhere within the development site (the MOA provides the process to be followed upon such a finding). The MOA also provides requirements regarding the preparation of report documents and their submission, the professional qualifications of those who conduct the research, and the method by which all resources are to be deposited for permanent curation with DHR. COMPREHENSIVE PLAN: The subject site is located within the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons as well as Sub -Area 2 of the Princess Anne Corridor Study (Corridor Study) The guiding plan for Princess Anne SEGA 4 is the Interfacility Traffic Area & Vicinity Master Plan (ITA and Vicinity Plan) The guiding plan for Sub -Area 2 is the Corridor Study, which PRINCESS ANNE MEADOWS Agenda Item D2 Page 5 is adopted by reference as a component of the Comprehensive Plan. Accordingly, the Comprehensive Plan provides two distinct but complementary sets of planning policies for the site The principal land use policies and recommendations provided by the ITA and Vicinity Plan for Princess Anne SEGA 4 primarily focus on the area south of Princess Anne Road that, in prior Comprehensive Plans, was the western portion of the Transition Area. The ITA and Vicinity Plan, however, also focuses on areas north of Princess Anne Road and west of Dam Neck Road, for which the Comprehensive Plan either had previously provided specialized land use policies, such as for Princess Anne Commons, or currently provides specific policies, such as the Sub -Areas in the Corridor Study. Accordingly, development proposals for the subject site are guided by the land use policies and recommendations of the ITA and Vicinity Plan as well as the Princess Anne Corridor Study. Discussion of the relevant policies and recommendations for the evaluation of this rezoning is provided in the Evaluation and Recommendation section of this report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a four -lane divided roadway with parallel multi -use trails. The speed limit is 55 mph The subdivision entrance is at a median break and will displace a private street serving three houses; however, this private street traffic will be rerouted through the new subdivision TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2— 10 ADT (30 ADT, 2 AM Peak Hour Trips, and 3 PM Up to 32,500 ADT' (LOS 4 Peak Hour Trips for 3 houses on a private Princess Anne 30,500 ADT' C") street) Road Up to 34,900 ADT' (LOS 4 "E") -- Capacity Proposed Land Use 3— 843 ADT (64 AM Peak Hour Trips, and 85 PM Peak Hour trips) ' Average Daily Tnps P as defined by the Agricultural zoning of the total acreage of the subject parcels as defined by 80 -house development plus 3 houses on private street of through traffic 4 LOS = Level of Service A right -turn lane on Princess Anne Road will be required during site plan review of this subdivision The turn lane shall have a minimum 150' storage and 150' taper WATER: This site must connect to City water Public water must be extended by the developer to serve each single-family parcel with an exclusive tap and meter There are existing 10 -inch and 20 -inch City water mains located within Princess Anne Road, and there is an existing 20 -inch City water main in the Dominion Virginia Power 66 -foot wide right-of-way. PRINCESS ANNE MEADOWS Agenda Item D2 Page 6 SEWER: This site must connect to City sanitary sewer City sanitary sewer does not front this site Each single-family parcel must be served by an exclusive lateral connection. The Department of Public Utilities has discussed potential cost participation with the developer to design and construct a sanitary sewer pump station with additional capacity to provide service to surrounding parcels Plans and bonds will be required for construction extension of the sanitary sewer system. SCHOOLS: School Current Enrollment Capacity Generation 1 Change' Christopher Farms 642 724 19 17 Landstown Middle 1465 1,582 12 12 Landstown High 2,195 2,368 17 16 1 generation' representsthenumber of students that the development will add to theschool 2 "change' represents the difference between generated students under the existing zoning and under the proposed zoning The number can be positive additional students ornegative fewer students EVALUATION AND RECOMMENDATION The applicant has consolidated 11 parcels, zoned AG -1 and AG -2 Agricultural, to create a single 42 45 - acre parcel that the applicant proposes to develop as an 80 -lot single-family residential community. The applicant has proffered building elevations as well as exterior building materials that are consistent with the Comprehensive Plan's recommendations regarding quality of design. Vehicular access to the site has been limited to one existing access point on Princess Anne Road that currently provides access for a lane that runs north to a small group of homes Use of this access point for the proposed development, while also maintaining and improving the access to the private lane, is consistent with the 'Access Controlled' designation of Princess Anne Road. With regard to the Comprehensive Plan's land use recommendations for this area, the proposed development site is located within an area designated as Sub -Area 2 of the Princess Anne Condor Study (no relationship to Sub -Area 2 of the 65-70 AICUZ) as well as the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons, as designated by the Comprehensive Plan Policy recommendations for SEGA 4 are provided by the ITA and Vicinity Plan The general goals for land uses of the Princess Anne SEGA 4 - North Princess Anne Commons are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. An important general recommendation for any development within this area is that direct private access to Princess Anne Road will not be permitted due to its designation as an 'Access Controlled' roadway in the City's Master Transportation Plan Access for such roadways is allowed only where it already exists or planned, or when the property in question has no other reasonable access to the circulation system The applicant is using an existing access point where a median break and turn lanes exist (left -turn into the site) or will be constructed (right -turn into the site). The applicant, however, is proffering that when the connector roadway between Princess Anne Road and Holland Road (or similar) is built, this existing access point will be closed. The Princess Anne Corridor Study provides land use policies and recommendations that are specific to the subject site and the immediately surrounding area, which the Corridor Study designates as Sub -Area PRINCESS ANNE MEADOWS Agenda Item D2 Page 7 2 This Sub -Area consists of approximately 100 acres and includes over 30 privately owned parcels with a few single-family residences (p 10, Comdor Study) The'viewshed' of adjacent land uses and landscape visible from Princess Anne Road should be controlled through the appropriate use of planting and design. Buffer plantings between Sub -Area 2 and adjoining development should incorporate evergreen plantings of trees and shrubs in the majority of the buffer area to allow year-round screening of the proposed developments (p. 16-17, Corridor Study) The Corridor Study provides incentives consistent with the City's Oceana Land Use Conformity program that support these objectives, stating that there may be occasions when the efforts of individual property owners to comply with the provisions of this plan are frustrated by physical constraints or factors beyond their control. The Study notes that some weight should be given to this in determining the allowable density The baseline density recommended by the Corridor Study is 2 units per acre. Prior to the 2005 revisions to City plans and ordinances that were adopted in response to the potential closure of NAS Oceans by BRAC, the baseline density for the Sub -Area 2 was 6 units per acre. The Corridor Study does allow the opportunity for density up to 3.3 dwelling units per acre; however, such density may be achieved only for a development proposal that meets several Performance Criteria that are specified in the Corridor Study. In this case, however, the applicant proposes development of the site below the baseline density of 2 dwelling units per acre. AICUZ Overlay Ordinance The subject site is located within the 65 to 70 dB DNL AICUZ (Sub -Area 2 [not to be confused with Sub - Area 2 of the Princess Anne Corridor Study]). Accordingly, since this is a discretionary development application, the provisions of Section 1804 of the City Zoning Ordinance apply. Specifically, Section 1804(c)(3) states the following For property within Sub -Area 2 of the 65 - 70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: I Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and ii Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines With respect to first criterion above, the proposed density of 1 89 dwelling units per acre is consistent with, and in fact less than, the densities of and is consistent with the density recommended by the Comprehensive Plan The density of the residential communities in the area are provided below: a. Christopher Farms (Phases 1 and 2) -- 2.7 units per acre b Christopher Farms (Phase 3) [formerly known as Pleasant Acres] — 2.28 units per acre c Buryn Farm South — 2.77 units per acre d Woods of Piney Grove — 3 units per acre With respect to the second criterion above, the Staff finds that the proposed development conforms to the recommendations of the Comprehensive Plan, and in particular, the Princess Anne Corridor Study's recommendations for this area of the corridor Accordingly, Staff recommends approval of the requested Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional R-10 Residential District, with the applicant's proffers, which are provided below. PRINCESS ANNE MEADOWS Agenda Item D2 Page 8 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 the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated "Plan for Princess Anne Meadows", dated September 22, 2015 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Plan") PROFFER 2: When the Property Is developed, the PF'MaFy vain cular Ingress and E@Fe66 te the PFGpeFty shall be from Pr nGess Anne Road as dep sled on the Plan. [NOTE -THE FOLLOWING WAS ADDED AFTER THE PLANNING COMMISSION PUBLIC HEARING] When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include with each sales contract as well as part of the Homeowners Association documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of- way located within the Property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either'London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater PROFFER 3: When the Property is developed, it will be subdivided into no more than (80) single family residential building lots When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 80. Each two-story dwelling shall contain a minimum of 2400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2150 square feet of enclosed living area excluding garage Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. PROFFER 4: When the Property is developed the areas shown on the Plan outside the 80 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Tree Preservation Areas" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be PRINCESS ANNE MEADOWS Agenda Item D2 Page 9 maintained by a Homeowner's Association to be established by the Grantor upon development of the Property Membership in the Homeowners Association shall be mandatory. PROFFERS: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review PROFFER 6: The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features, and building materials for each of the home designs proposed for construction The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. PROFFER 7: Further conditions may be required by the Grantee during Subdivision 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 shown on the submitted plan, with the street layout and open spaces as depicted The architectural styling, interior floor area, and the exterior building materials proffered for the houses demonstrate that the community will be high-quality. The City Attorney's Office has reviewed the proffer agreement 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. PRINCESS ANNE MEADOWS Agenda Item D2 Page 10 PROPOSED SITE LAYOUT AND DETAILS (as presented to Planning Commission) PRINCESS ANNE MEADOWS Agenda Item D2 Page 11 TYPICAL ROAD SECTION COMMUNITY AMENITY AREA MONUMENT SIGNAGE ENTRANCE ELEVATION SITE DETAILS PRINCESS ANNE MEADOWS Agenda Item D2 Page 12 N 0 N O rry W d a w E V w a aa, P � N �E U� �o PROPOSED BUILDING ELEVATION SHOWING EXTERIOR MATERIALS PRINCESS ANNE MEADOWS Agenda Item D2 Page 13 PROPOSED BUILDING ELEVATIONS PRINCESS ANNE MEADOWS Agenda Item D2 Page 14 PROPOSED BUILDING ELEVATIONS PRINCESS ANNE MEADOWS Agenda Item D2 Page 15 k,; PROPOSED BUILDING ELEVATIONS PRINCESS ANNE MEADOWS Agenda Item D2 Page 16 I I PLAN. PRINCESS ANNE ROAD FRONTAGE LANDSCAPING /4)*.PRINCESS ANNE )I MEADOWS SeW..22,2015 ZONING HISTORY PRINCESS ANNE MEADOWS Agenda Item D2 Page 17 ' 11 AW ' • 6� C��F'� v 0 r r • � r LT7 © r t r Q1 0 ZONING HISTORY PRINCESS ANNE MEADOWS Agenda Item D2 Page 17 W YilAinm Bearh 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 arc not limited to, the following: MoEVarlanm CoroNert NoUse Ch Rez Stn Subanm Wetlands bard 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, PRINCESS ANNE MEADOWS LLC SECTION 1 /APPLICANT DISCLOSURE ❑ Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check hem If the APPLICANT 6 a corporation, partnership, firm, business, or Pair t ole ® P%IKAM NOIInfOOl lil.:'IL4 Iq (NAM:fS Al O! Q OfNs1Y,i SUi411L0 DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 18 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) Princess Anne Meadows LLC: Kotarides Holdings LLC (sole member), Petro A. Kotarides, Pete O. Kotarides, Pete A. Kotarides and Basil O. Kotarides (all managers) (B) List the businesses that have a parent -subsidiary I or affiliated business entity z relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC, sole member of applicant. See attached list for Affiliated business entities in Virginia See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if aroaerty owner is different from Anglican. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity t relationship with the Property Owner: (Attach list If necessary) The disclosures contained In this farm ere necessary m Inform nuhur Pan• v ^' ^ DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 19 I 'Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly of 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 S 2.23101. a 'Affiliated business entity relationship' means 'a relationship, other than parent -subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entry, (Ii) a controlling owner In one entity is also a controlling owner In the other entity, or (111) there is shared management or control between the business entities. factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles; Mere are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share actWines, 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 Ad, Va. Code 5 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 he operated on the Property. If the answer to any item is YES, please Identify the firm or individual providing the service: SERVICE Accounting and/or preparer of yourtax returns Architect / landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - Identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (Identify purchaser(s) and purchaser's service provider) Construction Contractors Engineers / Surveyors PROVIDER (use additional sheeu lf medetl McPhillips, Roberts and Dean Jim Bradford, Porterfield Design Hotton and Dood, P.C. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 20 C7 ■ Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property W~ Virginia Beach BB&T Kaufman & Cantles, Eastern L4 Norman Biggs Rose and Womble m was B.Waod SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what Is the nature of the Interest? CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any pioblic bgdv or committee in connection with this Application. Peae Kou,lEeA MaoyerMao,vidu HddlRy DL OR'S Mwrer o(P,lara Aon Metlw, LLC AP NT'S ACNAnRE PRINT NAME I DATE PROPEM(OWNER 'S SIGNATURE PRINT NAME I DATE DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 21 Affiliated business entitles in Virginia for Princess Anne Meadows LLC 1252 LLC 152 LLC 15S2 LLC 1652 LLC VIS2 LLC 1552 LLC 2153 LLC 252 L4 352 Commercial LLC 352 LLC 152 LLC 552 LLC 5555 AAaclarel, LP., RLLP 5601 LLC 5656 Assatlala LP., RLLP 652 Inc 652 LLC T31 LP. RUP Pea Positions, RLLP 815 Assodatly L P., FILL 81s bits. RLLP 852 Inc 852 LLC 500 Kempskll. Road LLC A A A of Norfolk, Inc. Alex & O. Plate Kolar[M ParberaMP Ain and O. Pete Kmasldes end Sone LLC AradN, LLC Barolw Terrace Apartments, RLLP "Wear Governors LLC Brilhllesf Meadows LLC Wto Sheet Garage Condomirlmn Aefal ti,n Gastrin Hanes LLC Comnth Residential LLC Courthouse Green LLC Gnssflek Oo$sing LLC Hickory Woods East LLC Hickory Woods West LLC KG1 soulefteld LLC KGl Writers LLC KH HR CENTERS LLC KH MRCdSe Hemy LLC KH MR Harrod LLC KH NR These LLC KH HR UE RS TWO LLC KH MR Town! Point LLC KH HR Two Bayslde LLC KH HR Two CLur.Mand LLC KH HR Two East Peinis oke LLC KH MR Two Great 6rid8e LLC KH HR T. Latent. LLC KH HR Two Miller Hall LLC KH HR Two West MAaury LLC KH Ventures LLC KHICL LLC KIOu LLC KHITH LLC Kotaddea Wild. LLC smatter, De.ebpers. LLC. Kotarkes G2 LLC intensities G52 LLC emanates HolEMp LLC Kotarlder Home$ LLC Kotarides Office LLC KPM LLC WwSon Hall Homes LLC Lindon Bri Center I1C ORK 52 LLC OPO APK LLC MR Me LLC Oyster Point Re$Identlal LLC PHmos Anne Meadows UC The Villas at Culpepper Unit" AX Towns omer at Marin Farm LLC Townbomas at Parham Platt LLC Wanirytan Han CanmerWl Wild. UC WH Wild. LLC WH TownMmn LLC DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 22 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: N of property SpecialExceorning iria of appropriateness Historic Review Board Chesapeake Bay Preservation Area Board Condltlonal Use permit Disposition of Clty Pro tty Economic Development Investment Program DI Encroachment Request Floodplain Variance Franchise Agreement (.ease of City Property ticeme AgmmuH Modification of Conditions or Proffers Nonconformire Use Changes Rezoning Street Closure Subdivision Variance wetlands BoaN 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 NO a corporation, partnership, Flim, business, or other unincorporated organization. IN Check here If the APPLICANT is a corporation, partnership, firm, business, or foe CITY Vs5 OxIY / {II4n0o4ne{ mWl M upEnrE hA ISr YNN{Orar Ic enY naooro am .vrtiumxminmarxuuxc nFTE xO CM/.NL6AS OF C4T[ aEVnnJxs SVWrtTEO W!E Page 1 ase DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 23 other unincorporated organization, AND HIEN. complete the following. W List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc below: (Attach list ifnecessary) Princess Aone Meadows ILC Kotandes Holdings LLC (sole member), Pedro A. Kotaridea, Pete 0. Koa,ddes, Pea, A Kotand. and B.9 O. Kotadda (all mesuall (B) List the businesses that have a parent -subsidiary I or afBllated business entity z relationship with the Applicant: (Attach IIsi If necessary) I Kolaridra Holdings LLC, sole member af.ppluant (See a44a kc) fish-) See neat page for information pertalnlrg to footnotes' and 3 ARALAR SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 1 only If nrti owner Is di fisent from Annllcant Check here If the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER ISa 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: (Arrack list Ifnecessay) (B) List the businesses that have a parent-subsldlary t or affiliated business entity 0 relationship with the Property Owner: (Attach list I f necessary) The disclosures contained In this form are necessary to Inform public Page 1 of 4 oB ced. who new, vote on the application as m whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 24 1'Parent-subsldiar, mlallonshlo mews 'a rehuonshlp that exists Mien one immicrxlon directly or IMlreah plats shares possman, more than So percent oe he vodry power OF aroMer Wrporatlon.' Sr State and col 4mlmmermC d11n OF Interests M V. Cade §13-3101. a 'AmlWed biomass amity relMonsMp" m a rWllmult , other 1. pvenosubsldlary restrictions. mat exists Men (i) mor bleinrss hm" hu a controlling momrship Ind eresl In ton QMr bromidic enter, (i) a cordmiling owner In one a" Is also a mnlrolling cwxr in IM initial entry, or 010 tEme Is shared management or control between the business atones. Factors Mal should W considered In hlermintw the existence of an arnllaled business emiM1 re4Mnship include shot the me person or substantially the same person cam, or manage the Iwo amines, thele we Wmllpll or commingled funds or asse, the business entllles share the use M the same ofll¢s or implores; or aMrMse share hurvlbc, resources or amsonnl m w dicNer a regular basis, e Is owlse a close walking relationship betweenthe amines' Sm State aero local 6 rnmem Coahlct of Iwwm. M. Va. Cade 5 2.2-3101, ARALAR SECTION 3. SERVICES DISCLOSURE Are any of the following servlces being provided in connection with the Sublect of the dppfictsticari or amr buelness ooersti or to be operated on the Property. If the answer to arty item is YES, please Worldly the firm or Individual providing the service: SFJtV1l2 Accounting and/pf prayarar of ry11r tea ntnm ArchitM / landscape Antitheses / W d Rinner Contract purchaser fif y aur Nan ad Applicant),Identify proxidmar .era pprrn.sera aemr, pWyla.te Any her pending or proposed purchuar of the sulci property floe mbly W rNaserls) aIM parallel service intoxicate) Construction Contractors Enxinaate / Surnyms The disclosures contained In this form are decsvry to Inform bubble: hoe 3 of A oMcWs who may ecee on the application as to whether they here • conRla of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 25 . Yrg{nu Brach / Flnancinggndudecurrent ❑ hG,l! mortgage housesand lenders selec[W w being considered to provide financing for acquisition or construction of the property) �-i ❑ Y Legal Serulces ElReal Estate Broken / Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NOgoes an official or employee of the City of Virginia Beach have ❑ an Interest in the subject land or arty proposed development contingent on the subject public w om? I yes, what Is the time of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained In this Dlscicsure Statement Foran 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 meetln o a Ilc bo or comml¢ee in mnneNgn with this iretlon. talo , s K �/ i✓q/_ Awll SIG RE PRINT NAME PATE TA a ,s I. q Is. G's 51GrMNRE PRIM 1UME I1ATE The disclosures conulned In this form art necessary to inform public page 4 of 4 officials who may vote on Me application u to whether they haw a cong of Interest under Aglnia law. Lj'7 DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 26 W V"imiu Bnorh 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: f Acquisition of Property by city Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness Historic Review Board Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Fmpert Economic Development Investment Program DI Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property ❑cense Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Streat Closure Subdivision Variance 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 APP"CANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here If the APPLICANT IS a corporation, partnership. firm, business, or n cm use ox[r Taff axi w, [. own.e,w os...s. „, gym, . 1=21.1 ® APPLcW wnnmof Hraamc oar[ m roovuwrs raai n mss Q unuom suaMmm I Mr[' Pape 1 of a DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda item D2 Page 27 Virginh Batch 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: (Attachlistifnecessary) princess Anne Meadom LLC: Kotarides Holdings LLC (sole member), Petro A. Kotaddea, Pete O. Kotarides, Pete A. Kotarides and Bull O. Kotarides (all managers) (B) List the businesses that have a parent -subsidiary' or affiliated business entity z relationship with the Applicant: (Attach list Ifnecessary) Kotarides Holdings LLC. sole member ofapplicant,su 44-ta .Nfet I IS+• See nett page for Information pe"ring to footnotes' and ESG SECTION 2 / PROPERTY OWNER DISCLOSURE Compkte Section 2 only H oroaerty owner is different from Anaikant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. rLJ Check here if the PROPERTY OWNER IS corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. W List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach Ifstifnecessary) Sta t ++ iv ei (B) List the businesses that have a parent-subsidlary' or affiliated business entity z relationship with the property Owner: (Attach fin frnecessary) The disclosures contained! In this form are necessary to Inform public Page 2 of e officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 28 1'Parent suMldery relatlonsblp' means 'a relationship that exists when one corporation directly M IodlreNy, owns shares possestirg more than So "RM M the whi g Power of argther experances- see Rate also local Goternment Conduct of liserets M, va. Code E 2 2 3101. 2 'Anillated business an" nlarionship' m a selatbnshlp, Otho than parenrsubodiary relational that exists when 111 one business emiry has a comrolllog ownership Interest In the other business entity, 1111 a controlling owner In one entity Is also a controlling Power In the other entity, or 11111 there Is shared management or control between the business entities Factors that should ba onsidered In examining the existence of an amllated business entire rt4opnshlp indude that the me person or substantially the same person own or manage the two enables; then are commpn or commingled funds or assets', the business entities share the use of the same .Moes or employee or otherwise Blare however, re of personnel on a regular basis: or then is omdw1m a close working relanonshlp 1x.3. theemnlel sae Ree and LPcal Gommohm Conflld of Interests Am, Va Code g 2 23101. ESG SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sublect of the foolkertilm or al business oneratinn or to be ooveco d on the ProoertV. If the answer to arty item is YES, please Identify the firm or In dual provlding the sentia: YES NO SERVICE PROVIDER(we.p.mwalwasen 101 headed 0 Accounting and/or preparer of WallEn,KC aa - Year tan rewm Cl o�n•I'be^' ❑ ❑ Architect / bndsa0e Architect / �E FREEK F E] INKIIIIIIIIINE The disclosures contalned In this form are necessary to Inform public Page 3 of 6 officials who may some on the application as to whether the, base a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 29 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Yes NO Does an official or employee of the City of Virginia Beach have ❑ .mss an Internal In the subject land or any proposed development L/: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 Financing (indude current ❑ ❑ onZgaBe holders and lenders selected or being considered to herein Mn, weeks prior to the Planning Commission, Council, VRDA meeting, or provide financing for acquisition or construction of the property) ❑ ❑ lapel servkn ❑ ❑ Real estate Broken / Agents for current and anticipated future jue, PRMN4ME 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 ❑ .mss an Internal In the subject land or any proposed development L/: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 proulded herein Mn, weeks prior to the Planning Commission, Council, VRDA meeting, or meedreactfarvou c or committee in conrsectlon with this Application. Aly" r"AULDL, to jue, PRMN4ME dTE lefu r aja �ti��ihane�e. 6��. ruR xwe le The disclosures contained In this form are necessary to Inform public Page 4 of 4 officials who may vote on the application n to whether shay have • conflict of Interest under Vlrglnla law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 30 Property Owner Disclosure L ESG Enterprises, Inc. • Principal & Chairman Edward S. Garcia • President Andrea M. Kilmer • VP/Secretary/Treasurer, Michael F. Gelardl • Vice President Edward S. Gard, Jr. • Vice President Joshua D. Kellam • Asst. Secretary/Treasurer Brittany Williams 2. Subsidiaries OBFP, Inc. Affiliated Companies (Doing business/awning real estate In VAI • Princess Anne Properties, Inc. • United States Management, LLC • Lagomar Associates, LLC • SHG Properties, LLC • Tri City Properties, LLC DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 31 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: Dispositbn of Chy ho Economic Development R Programent RequestVariancegreement Propertyement 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 /5 NOT a corporation, partnership, firm, business, or other unincorporated organization. 13 Check here a the MPLICANT is a corpora i partnership, firm, business, or Eoa CITYU.M.Ert`� Y CMOr p\R xOCM.WDATE yujf)pfy aEYmDNS WawREO pATE DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 32 other unincorporated organization, AND THEN, complete the fo)IgMllgf W list the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. belay: (Attach lin i/necessary) Princess Ann. Madgws LLQ Kotaddes Holdmgs LLC (ade member), Pet. A. Kotvides, Pete O. Kotarides. Pete A. Kotarides and Bail O. Koueides (dl managers) (q list the businesses that have a parent -subsidiary t or affiliated business entity a relationship with the Applicant'. (Attach Ilst Ifnecessary) Kcurides Holdings LLC, lois member of applicant S L C alfac &,d l iS,+- See next page for Information pe, main Ing to foommest and a SETZER SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 211 If orgasm owner is different From Awalicant. Check here if the PROPERTY OWNER IS NOTA corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here If the PROPERTY OWNER IS a corporation, Partnership, firm, business, or other unincorporated organization, AND THEN- complete the following. W list the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list I/necessary) (0) List the businesses that have a parent-subsldlary t or affiliated business entity 2 relationship with the Property Owner: (Arm ch list I/necessary) The disclosures contained In this form are necessary to Inform public Page 2 of a officials who may vote on the application a to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 33 1 -Panni subsidiary relaoralitp' ...as 'a rtammuMp that exists xMa one cppecau n onCVy or IndbMly aura sbwes Iss rust more Wes SO percent lie 0. welt' purer of yloehv formal Ne Lan but .1 Caramel Cargo WlmerCtl M. Y. Code 52-2-1lot. a 'ARlltled business arany relatlonsNp'relationship, other than parentsueaidiary nlaebmhip. Nat exists Won (d) we militant mIM hes a competing ounenmp Interest in the Mer business nfity, 01)a trolling owres owner In oenter is also a managing owner In the orbv enelry,w Oh) them Is shared management or control Women and business entities, Floor, them Should be considered In determining the ealstenee of an aMf ed business entity leadership lMWe, that do Santa person or subitamidry the same person over or manage the dna breaks. Here are common or commingled funds or assets: the business entitles short the me of the same Won err emplal or consent share anMdo, r or personnel on regular Wis. or eMrt is onoMe , a dose victims,rsandal thadma nerbeeemldes' Ser Slate oral Loral cwemmene Carl of (men,,a M, Va. Code 1 33-3101 SETZER SECTION 3. SERVICES DISCLOSURE Are arty or the following services being provided In conneCtion with the sublets of the anolicatian or any business operatims or to be operated on this Prom, If the answer to any Item Is YES, PIOUS Identify the firm or Individual providing the service. ■ u SERVICE Attountino and/or pmgmr of Your tax return Architect /landscape Archidert/ Unit Planner Convect PurchaserM her than the Applkanti - Identify pumhaser and purshners device providers My other pending or proposed purohader o/ the uddlost propemy (Identify p nchaserts) and purchneYa service imark ers) Construabn Commodore Engineers / Surveyors The disclosures contained In this form are necessary to inform public page 3 all officials who may wood an the application as to whether they have atonic, of Interest under Vlrglnla law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 34 .- Vultskilead) \ Financing (include current ❑ IdL--I, mortgage holders and lenders herein two weeks prior to the Planning Commission, Council, VEDA meeting, or selected or being considered to II� q/islas •i Is .N.sua 4/s�f provide Bnandng for acquisition I MTE or construction of the property/ ❑ Legal Services ❑ Real Estate Brokers / Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia such have ❑ an Interest in the subjett land or any proposed development contingent on the subjett public action] If yes, what is the name of the gMclal or employee and what Is the nature of the Interese CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is complaint, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meetino of blic botht or committee In mnnpettlon with this Ilc Llan. II� q/islas •i Is .N.sua 4/s�f anaw I MTE I t f tV GWaA' 111.E IHI saps DATE The disclosures contained In this form are neassary to Inform public Page a d a oRclab who may vote ..,he application as to ".her they have a mnlBct of Interest under Vlrolnla law DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 35 i' 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 arc not limited to, the following: Acquisition of Properly by City Alternative Compliance, special Exception for Board of Zoning Appisals Certificate of Appropriateness Nlstodc Review Board Chesapeake Bay Preservation Ana Board Condhlunal Ilse Permit Disposition of City property Economic Development Investment Program 1 Encroachment Request Floodplain Variance franchise Agreement Lease of City Property License Alinement Nonconforming Use Charges Rezoning street Closure Subdivision Variance Wetlands bard 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. Cl Check here If the APPIJCANT IS a corporation, partnership, firm, business, or DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 36 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: (Altoch list ifnerecoary) Princess Anne Meadows LLC: Kotsddes Holdings LLC (ole member), Pets. A. Korarider, Pete O. Kotaride; Pete A. Worthless and Basil O. Kaladdes (are managers) (q list the businesses that have a parertsubsidlary t or affiliated business entity e relationship with the Applicant: (Attach list if necessary) Kotaridn Holdings LLC,solemember.fappll t-5ee ai1'aLl�id list• See next page for Information pxrtainbN to foomotest and 2 Five Mile Stretcb Associates, SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section I only If vomer owner is different M1om A0011e111 ❑ Check here If the PROPERTY OWNER IS NOTa corporation, partnership, Arm, ��business, or other unincorporated organization. E Check here If the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. W List the Property Owner's name followed by the names of all officers, directors, rmembers, mustees, partners, ex. below: poach list If rmcesci %ee Ar �Q /S�C �. C oleA (B) List the businesses that have a parenusubsldlaryt or affiliated business entity 2 relationship with the Property Owner. (ADach list if necessary) �—S Kyn6 y i�ieS dP The disclosum contained In this form arc necessary to Inform public Page 2 of a officials who may vow on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 37 W 1 'puemaubsblary immonshlo means 'a relationship that exists when one Corporation throne or Inebenly owns shares ponessins more man 50 arum N wants ry rom Power M av Corporation' she State aha local Gwemment ConflM W InRrtan M. Use CpOe j 2 2 3101. a 'afllllned bmleall entlry rdnlonship' m weladomhlp, other than severesubsidiary nlandewhlp, mat exists when (I) owes business entire has a Controlling ownership Inherent In to o1Mr business entry. (Ill a Cummins owner In one emiry is also a controlling miner In our other arms. or (111) there Is ..it management or mmral between the business entities. Factors mat should be nsNeue In determining the existence or an aRl'uered business entlry relaOonsMp Induce that me me anon or suHWtlally the same arson own or manage the Iwho enthks: more an mammon or mmingled funds or asset: the bushms entitles share the use a the same oR es or employees or pmerMse mart attMties, re a pr npa nnel on ral bawls. or mere Is pthe—. a close washinguYMnmlp betweens�he embb' W some ane rural Covemmenl COMM of intent. M. Va. Code S 3 28101. Five Mile Stretch Associates, L.L.C. SECTION 3. SERVICES DISCLOSURE Are arty of the following services being provided In Connection with the sublect of the aoolication Cr any business operating or to be operated on the Prooent. If the answer to any Item Is YES, please Identify the firm or Individual providing Me service: YEs NO I SEAVICE L7 0 A¢mrnt as and/gr Proposa l your tax return ArchMa / Landscape Architect / Land Planner Contract Purchaser Of other Man the ApWiunt) - Identify purchaser and admiral service provk era My other pending or Propose Purchaser of the subdact P.POW AdenMy Purchaser(s) and purchaser's service provisions) CgnstractbnC Phhadngn Engineers/So. has ■ The dlsch sures contmnW In this farm are necessary to INorm PUNIC Pape 3 dfe officials wino may vote on the application u to whether they have a conflict of Interest under Vllglnla law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 38 U, Er ❑ Financing gnIIIcurrent mortgage holders and lenders selected or being considered to provide financing for ac4ulsbion complete, true, and accurate. /JV r/ n (p�f.(,...6u5 `Vq0t '�/� f/f Z-'91( 239b2 scheduled for public hearing, I am responsible for updating the information provided or construction of the property) meeting of am ubllc or committee In connection with this Application. K (o a%u a .:I ME, a &ss �� ❑ sepal Services ak 9ny L7 ❑ Real Estate Brokers / Agents for current and anticipated future sales of the subjen ProPerry [/A y3 i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO goes an official or employee of the City of Virginia Beach have an interest In the subject land or arty proposed development ❑ contingent on the subject public anion? 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 am ubllc or committee In connection with this Application. K (o a%u a .:I ME, a &ss 19 In u IM NMIE pan ak 4J G'S SI NRF 4 PRIM WIME h The disclosures contained In this form art 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 PRINCESS ANNE MEADOWS Agenda Item D2 Page 39 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -9343 DATE: November 24, 2015 TO: Mark D. Stiles DEPT: DEPT: City Attorney FROM: B. Kay Wilsoi� DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Meadows, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 8, 2015. 1 have reviewed the subject proffer agreement, dated October 20, 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 PRINCESS ANNE MEADOWS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this day of Qc1S' 2015, by and between PRINCESS ANNE MEADOWS LLC as applicant, as party of the first part, FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company, Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K SETZER and ROBERT C. SETZER, LOLITA C. ARALAR and E.S.G. ENTERPRISES, INC., a Virginia corporation, collectively herein as party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, Five Mile Stretch Associates, LLC, a Virginia limited liability company, has entered into a contract to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 23.37 acres designated as GPIN Nos. 1494-47-0310; 1494-46-1695; 1494-47-1877; 1494-46-4666; a portion of 1485-84-1210; and 1494-47-5502 on the Exhibit "A" attached hereto and incorporated by this reference; GPIN:1494-47-0310 1494-46-1695 1494-47-1877 1494-46-4666 1494-47-5502 1494-47-5847 1494-47-9615 1494-48-1279 1494-48-2492 1494-48-5388 a portion of 1485-84-1210 Prepared By & Return To: Ann K Crenshaw, Esquire (VSB #19535) Kaufman & Canoles, P.C. 2101 Parks Avenue, Suite 700 Virginia Beach, Virginia 23451 1 WHEREAS, James T. Cromwell, Special Commissioner for the Estates of Annie B. Setzer, Brown K Setzer and Robert C. Setzer by Order of the Circuit Court of the City of Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer Harvey. et al in Chancery No. CHoi-1o96, has been empowered and directed to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 13.75 acres designated as GPIN Nos. 1494-47- 5547', 1494-47-9615 and 1494-47-9615 on Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Lolita A. Aralar has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-48-2492 on Exhibit "A" attached hereto and incorporated by this reference; and WHEREAS, E.S.G. Enterprises, Inc., a Virginia corporation, has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-45-1279 on Exhibit "A" attached hereto and incorporated by this reference. The parcels identified on Exhibit "A" are hereinafter referred to as the "Property". WHEREAS, the party of the first part is the contract purchaser of the assembled property containing approximately 42.45 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee, The City of Virginia Beach, so as to change the Zoning Classification of the Property from AG -1 and AG -2 Agricultural District to Conditional R-io Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 c similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the fust part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid proucuoo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated " Plan for Princess Anne Meadows", dated September 22, 2015 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Plan"). 2. When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include with each sales contract as well as part of the Homeowners Association documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the Property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either 3 'London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. 3. When the Property is developed, it will be subdivided into no more than So single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 80. Each two-story dwelling shall contain a minimum of 2400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. 4. When the Property is developed the areas shown on the Plan outside the 80 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 5. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 6. The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. 7. Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 8. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, maybe repealed, amended, or varied by written instrument recorded in the Clerk's office of the circuit Court of the City of Virginia beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer or enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning department, and they shall be recorded in the Clerk's office of the circuit Court of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signature and seal: Applicant: Princess Anne Meadows, LLC, a Virginia limited Tability quipany By:�6 (SEAL) Petro Lotarides Its: gj& r COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument wa acknowledged before me this ZZ„d y of 2015, by Petro Kotarides, of Princess Anne Meadows, LLC, a Virginia limited liability company, Applicant. Notary Public , My Commission Expires:�� ryF�� Notary Registration Number: 'SIts �r0 Mr B��y COMMISSION Ct NUMBER C 213315 2 : WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virginia limited liability company By ,- (SEAL) . McGinnis, Managing Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: ��,,,,.,,"" -- �� The foregoing instrument was aclmowledged before me thisZ " day ofd, 2015, by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: Notary Registration Number: 2h 3 r,: NU,y1gFR N 201 213315 �Q' . WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer By: (SEAL) mes T. Cromwelf, Siecial Commissioner COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 2--i s�day of Q-48 fA0 Y. M5, by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer, Brown K. Setze and Robert C. Setzer, Grantor. Notary Public My Commission Expires: Notary Registration Number: 14153 l Z 185312 Grantor: QAA- C-.-. GL�alO-� (SEAL, Lolita . Aralar COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this a day of bLtabPr . 2ot5, by Lolita C. Aralar, Grantor, who is personally known to me or has pralucedUnvaPs Ucensbs identification. Notary public My Commission Expires: y 13 0 J'? 011 Notary Registration Number: rl5 7 R L13 •�. �NE ANpF'•, PUBLIC l't':'•1-PUBLIC '• t • %% REG # 7579431 •� r MY OOMMISSION: EXPIRES ' v y'•. 4/39/2917 c_ ' 0.t,.......... Grantor: E.S.G. ENTERPRISES, INC. a Virginia orati By: ) Andrea C. Kilmer, President/CEO- COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this � day of Dc�FD � . 2015, by Andrea C. Kilmer, President/CEO of E.S.G. Enterprises, Inc., a Virginia corporation, Grantor. /L' I -dim-c_.t K2w�—� Notary Public My Commission Expires: Cn - 30 - zy I", Notary Registration Number: 7 1 0 5 1 Z I 1424745N4 10 W COWAU M EIYMIN '... ~9 EXHIBIT "A" PROPERTY DESCRIPTION [Five Mile Stretch and Setzer] EXHIBIT A PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-0310-0000 PARCELI: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of `the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "30 Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof. (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 Acres of land near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale 1" = 100' - June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. PARCEL2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to -wit: BEGINNING at a pin in the southwestern line of the Norfolk -Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 210 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 570 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 70 24' 30" E 251.33 feet to a pin in the southwestern line of the Norfolk- Southern Railroad Right of Way; thence along said right of way S 36° 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN Nos. 1494-46-1695 and 1494-47-0310) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by deed of correction from Donald P. Sullivan and Faith R. Sullivan, husband and wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, Page 1860. PARCEL B: GPIN No: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F 6.1 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated lune 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by Deed of Gift from June S. Walton, married, dated September _, 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "Gl 2.0 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat and being more particularly described as follows, to -wit: BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, or als, were Defendants, thence proceeding along the centerline of said 20' R/W, S 080 21' 00" W, 47.00' to the true point of beginning said point also being located on the Southern R/W of the 66' N & S R.R. R/W, thence proceeding along the Southern R/W of the 66' N & S R.R. R/W, S 36° 15' 00" E, 14.24' to a point on the Eastern R/W of said 20' R/W, thence turning and proceeding along the Eastern R/W line of said 20' R/W, S 080 21'00" W, 220.66' to a point at the Southern Terminus of said 20' R/W, thence turning and proceeding along the Southern Terminus of said 20' R/W, N 810 39' 00" W, 20.00' to point on the Western R/W line of said 20' R/W, said point also being the Southeast comer of Lot Gl, thence proceeding along the Southern property line of Gl, N 81° 39' 00" W, 252.72' to a point at the Southwest comer of Lot G1, thence turning and proceeding along the western property line of Lot Gl, the following courses and distances: N 08° 26' 00" E, 237.38' to a point, thence N 210 44' 00" E, 214.88' to a point at the Northwest comer of Lot Gl, said point also being on the Southern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Northern property line of Lot Gl, said line also being the Southern R/W line of the 66' N & S R.R. R/W, S 360 15' 00" E, 288.59' to a point at the Northeast comer of Lot Gl, said point also being on the Western R/W of said 20' R/W, thence continuing S 36° 15' 00" E, 14.24' to a point on the centerline of the said 20' R/W, said point being the true point of beginning. Area of Lot GI and adjoining 20' unnamed R/W described herein being 91,303.9 S.F./2.10 acres. TOGETHER WITH all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the Grantor for ingress and egress to a publicly dedicated street over property of the Grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the - Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr, a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. PARCEL D: GPIN Nos: 1494-47-5847-0000 and 149448-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." and "Tract G-3 4.7 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE — PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to -wit: METES & BOUNDS description of Lot G2 with the Western half of the adjoining unnamed 20' R/W as follows, to -wit: BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06° 41' 00" E, 48.45' to the true point of beginning said point also being located on the Northern R/W line of the 66'N & S R.R. R/W, thence proceeding along the Northern R/W line of the 66'N & S R/W, N 360 15' 00" W, 14.68' to a point on the Western R/W line of said 20' R/W, said point also being at the Southeast comer of Lot G2, thence proceeding along the Southern property line of Lot G2, said property line also being the Northern R/W of the 66' N & S R.R. R/W, N 36° 15' 00" W, 260.48' to a point at the Southwest corner of Lot G2, thence turning and proceeding along the Western property line of Lot G2, N 21° 44' 00" E, 297.38' to a point at the Northwest comer of Lot G2, said point also being on the Southern R/W line of said 20' R/W, thence turning and proceeding along the Northern property line of Lot G2, said property line also being the Southern R/W line of said 20' R/W, S 69° 38' 00" E, 103.14' to a point at the Northeast corner of Lot G2, said point also being on the Western R/W line of said 20' R/W, thence continuing S 69° 38' 00" E, 10.29' to a point on the centerline of said 20' R/W, thence turning and proceeding along the centerline of said 20' R/W, S 06° 41' 00" W, 461.81' to a point on the Northern R/W line of the 66' N & S R.R. R/W, said point being the true point of beginning. Area of Lot G2 and Western half of the adjoining unnamed 20' R/w herein described being 60,138.2 S.F./1.38 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by Deed of Gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN NO: 1494-47-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as `Tract D 2 7.5 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to -wit: BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in. that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06° 41' 00" E, 48.45' to the true point of beginning, thence proceeding along the centerline of said 20' R/W, N 06° 41' 00" E, 459.75' to a point, thence turning and proceeding, S 82° 05' 00" E, 13.45' to a point on the Eastern R/W line of said 20' RNV, said point also being the Northwest comer of Lot D2, thence continuing along the northern property line of Lot D2 the following courses and distances: S 820 05' 00" E, 294.85' to a point, thence S 800 54' 00" E, 130.70' to a point at the Northeast comer of Lot D2, thence turning and proceeding along the Eastern property line of Lot D2, S 030 21' 00" W, 982.33' to a point at the Southeast comer of Lot D2, said point also being on the Northern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Southern property line of Lot D2, said Southern property line also being the Northern R/W line of the 66' N & S R.R. RNV, N 36° 15' 00" W, 713.40' to a point at the Southwest comer of Lot D2, said point also being located on the Eastern RNV line of said 20' R/W, thence proceeding N 360 15' 00" W, 14.68' to a point on the centerline of said 20' R/W, said point being the true point of beginning. Area of Lot D2 and Eastern half of the adjoining unnamed 20' R/W herein described being 329,236.1 S.F./7.56 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by Partition in Kind In Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. EXHIBIT B (PARCEL 1) (1,016,461 sq. ft. or 23.3347 Ac.) PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-0310-0000 PARCELI: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, lying on both sides of "The Five Mile Stretch" of Princess Anne Road between PRINCESS ANNE COURTHOUSE and North Land Town Road, and known, numbered and designated as "30 acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 acres of land near Land's Station, PRINCESS ANNE COUNTY, VA., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; save and except, however, the following portions thereof. (a) that portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) all that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the South Side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 acres of land new Land's Station, PRINCESS ANNE COUNTY, VIRGINIA, for Michael G. Jordaneau, scale 1" = 100' - June 17, 1977, Surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) all that certain tract, piece and parcel of land as shown on the aforesaid physical Survey by Wilfred P. Large, also located on the South Side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "Now or Formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." said tract fronts 150 feet on the South Side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. PARCEL2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly PRINCESS ANNE, VIRGINIA), and designated as 1.1563 AC on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to -wit: beginning at a pin in the Southwestern line of the Norfolk-Southem right of way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 210 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57° 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 70 24' 30" E 251.33 feet to a pin in the Southwestern line of the Norfolk -Southern railroad right of way; thence along said right of way S 360 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN NOS. 1494-1695 AND 1494-47-0310) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by Deed of correction from Donald P. Sullivan and Faith R. Sullivan, Husband and Wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, page 1860. PARCEL B: GPIN NO: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F, 6.1 AC." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by deed of gift from June S. Walton, married, dated September , 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the CITY OF Virginia Beach, Virginia, and being known and designated as Tract "Gl, 2.0 AC." on that certain plat entitled, "PROPERTY OF J. T. BROWN ESTATE, LOCATED NEAR PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. TOGETHER with all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the grantor for ingress and egress to a publicly dedicated street over property of the grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded lune 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr., a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM Land Title Survey of property owned by Five Mile Stretch Associates, L.L.C. for Kotarides Developers, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a point being 0.671 miles Southeasterly from Winterberry Lane, being a pin found on the Northern right-of-way (R/W) of Princess Anne Road - State Route 165 and a 20' gravel lane as shown on plat entitled "SURVEY OF PROPERTY OF JESSE GOULD EST." recorded in M.B. 137, PG. 31 (VA. BEACH), also being the Southwest property comer of subject parcel and the Southeast property corner of the Commonwealth of Virginia; thence along the Eastern line of 20' Gravel Lane N 22036'05" E, 815.63' to a pin found; thence S 66008'45" E, 246.21' to a pin found; thence N 00053'12" W, 235.55' to a point on the Southern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad); thence along the southern property line of Virginia Electric & Power Company S 44033'41" E, 788.24' to a point; thence S 00020134" W, 216.88' to a pin found; thence S 01051'56" E, 407.01' to a pin found; thence S 14051'21" W, 467.38' to a pin found along a curve on the northern R/W of Princess Anne Road - State Route 165; thence along the aforementioned R/W the following five (5) courses and distances: along a curve to the left with a radius of 6225.00', an arc length of 270.72', a delta angle of 02029'30", a chord bearing of N 51021'57" W and a chord distance of 270.70' to a point; thenceN 11034'51" E, 190.87' to a pin found; thence N 78021'33" W, 43.98' to a pin found; thence S 53°56'54" W, 160.51' to spin found; thenceN 53001'07" W, 794.00' to a pin found, being the point of beginning, containing 1,016,461 square feet or 23.3347 acres. Parcel II (392,734 sq. ft. or 9.0159 ac.) Parcel D: GPIN No: 1494-47-5847-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-2, 1.3 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, county surveyor, and which plat is duly of record in that certain ended chancery file number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. 10 The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN No: 149447-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT D 2, 7.5 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by partition in kind in Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. Metes & Bounds description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found on the Northern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad) and the angle point of Lot 66, as shown on plat entitled "SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2", recorded in M.B. 249, PG. 60-62 (VA. BEACH); thence along the Northern property line of Virginia Electric & Power Company N 44033'41" W, 1002.80' to a point; thence N 13°31'45" E, 299.50' to a pin found; thence N 22°41'40" W, 12.20' to a point; thence S 77°42'46" E, 128.11' to a 11 point; thence S 25'33'10" E, 8.97' to a pin found; thence N 89°41'34" E, 295.09' to a pin found; thence S 89°06'53" E, 130.74' to a pin found; thence S 04051'37" E, 984.69' to a pin found, being the point of beginning, containing 392,734 square feet or 9.0159 acres. PARCEL 111(206,312 sq. ft. or 4.7363 ac.): GPIN No: 1494-48-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-3, 4.7 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 In The Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found at the Northeast property comer of "'TRACT G-3,4.7 AC." and the Western line of the 20' right-of-way (R/W) as shown on the aforementioned J.T. Brown Estate plat recorded in Chancerly File No. 1810; thence along the Western R/W line of the 20' R/W as shown on the aforementioned plat the following three (3) courses and distances: S 22022'53" W, 94.04' to a pin found at the point of curvature of a non -tangent curve; thence along the curve to the right with a radius of 701.29', an arc length of 237.68', a delta angle of 19025'08", a chord bearing of S 31053'19" W and a chord distance of 236.55' to a pin found; thence S 41037'56" W, 187.98' to a pin found; thence S 25033'10" E, 12.66' to a point; thence N 77°42'46" W, 128.11' to a point; thence N 22°41'40" W, 10.13' to a pin found; thence N 22056'34" W, 462.10' to a point; thence N 02021'57" E, 141.00' to a point; thence S 74022'03" E, 20.80' to a pin found on line; thence S 74022'03" E, 585.20' to a pin found, being the point of beginning, containing 206,312 square feet or 4.7363 acres. 12 PARCELF BEGINNING at the intersection of the prolongation of the Southern R/W line of Pleasant Acres Drive with the prolongation of the Western R/W line of Pleasant Lake Drive as shown on plat entitled SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2, dated June 30, 1995, prepared by The TAF Group, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach in Map Book 249 page 60; thence proceeding along the Western R/W line of Pleasant Lake Drive, S 450 26' 13" W, 125.00' to a point at the intersection of the Western R/W line of Pleasant Lake Drive and the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, N 440 33' 47" W, 1328.73' to the true point of beginning; thence leaving the Northern property line of property of Virginia Electric & Power Company and proceeding, S 450 26' 13" W, 66.00' to a point on the Southern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Southern property line, N 440 33' 47" W, 55.00' to a point; thence turning and proceeding, N 450.26' 13" E, 66.00' to a point on the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, S 440 33' 47" E, 55.00' to the true point of beginning. parcel herein described being 3,630.00 square feet/0.0833 acres- in size, more or less, and being more particularly shown on a plat prepared for Virginia Electric & Power Company by Gallup Surveyors & Engineers, Ltd., dated June 4, 2014 attached to deed recorded as Instrument No. 20141112001073230. [E.S.G.I GPIN No. 149448-1279-0000 ALL THAT certain tract, place or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and containing 2.6 acres and being more particularly bounded and described as follows, to -wit: BEGINNING at a pin in the Eastern side of the Right of Way of the Virginia Electric and Power Company Right of Way where that same intersects the Northern side of a 10 -foot Right of Way leading from Holland Swamp Road, and from said pin running thence along the Eastern side of the said Virginia Electric and Power Company Right of Way North 36 degrees 08 minutes West 78.93 feet to a pin in the dividing line between this property and the property of Riddick; thence turning and running along the dividing line between this property and the property of Riddick North 17 degrees 29 minutes East 850.5 feet to a pin in the dividing line between this property and the property of Isaac Gould, the same being in the centerline of a ditch; thence turning and running along the centerline of the said ditch South 75 degrees 11 minutes East 80 feet to a pin; thence turning and running South 11 degrees 29 minutes West 535.0 feet to a pin; thence turning and running South 32 degrees 45 minutes 30 seconds East 210.76 feet to a pin; thence South 12 degrees 67 minutes West 190 feet to a pin in the Northern side of a 20 -foot Right of Way; thence turning and running along the Northern side of the said 20 -foot Right of Way North 77 degrees 53 minutes West 171.12 feet to a pin, the point of BEGINNING. IT BEING the same property conveyed to E.S.G. Enterprises, Inc., a Virginia corporation by deed from Benjamin Russell and Lillian Russell, husband and wife, dated August 2, 1985 and 13 recorded September 9, 1985 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2441 at page 211. [Aralar[ GPIN No. 1494-48.2492-0000 ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, Virginia Beach, Virginia, and more particularly described as follows: BEGINNING at a pin in the southeastern comer of the lot herein to be described, which pin is on the northern side of the 20 -foot right of way leading from Holland Swamp Road, and from said pin running thence north 77 degrees, 53 minutes west 219.97 feet to a pin (which pin is 171.12 feet as measured along the northern side of the said 20 -foot right of way from a pin to the eastern edge of the V.E.P.C:O. R/W); thence turning and running North 12 degrees, 07 minutes East 190 feet to a pin; thence North 22 degrees 45 minutes 30 seconds West 210.76 feet to a pin; thence North 17 degrees 29 minutes East 535 feet to a pin in a ditch between this property and the property of Sam Wilson; thence turning and running along the said Ditch South 15 degrees 11 minutes East 123.1 feet to a pin; thence turning and running South 24 degrees 18 minutes West along the centerline of a ditch 139.9 feet to a point; thence continuing along the said centerline of the ditch South 15 degrees 58 minutes West 200.3 feet to a point; thence continuing South 10 degrees 36 minutes West 141.0 feet to a point; thence South 14 degrees 31 minutes East 461.7 feet to a pin in the Northern side of the said 20 -foot right of way, the point of beginning. IT BEING the same property conveyed to Lolita C. Aralar by deed from Jeffery S. Pyatt and Jeffrey C. Leavitt, dated December 14, 2001 and recorded December 26, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4585 at page 444. 1424745W 14 'N m � Laino 9 ytoo � 8,�a4a9 =a S T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MGP RETAIL CONSULTING, LLC [Applicant] MARK IV INVESTMENTS, INC. [Owner] Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community Business District, 1136, 1203, 1205 Edison Road (GPINS 2415422767, 2415423693, 2415422630, 2415423445, 2415425501, 2415422384) COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: December 8, 2015 Background: Over the past 30 years a majority of the properties within the General Booth Corridor had transitioned from agricultural to commercial and residential uses. The subject site, containing six parcels, is one of the few agriculturally zoned properties that remain. The applicant proposes to consolidate and rezone the six agriculturally zoned parcels for the purpose of developing the site with a grocery store Considerations: The applicant proposes to develop the site with a 36,170 square foot grocery store. The building will be located on the southern portion of the site, with a majority of the remaining site accommodating the parking area. The building embraces a modem design and features a large arched roofline and predominately brick and large glass storefront facades. Access to the site will be from Edison Road. The applicant will dedicate 221 feet of the currently unimproved Edison Road to the City and will improve to roadway. The applicant will also tie to new roadway into the existing service road that accesses the commercial parcels to the north. The applicant will also dedicate land to install a right -tum lane northbound on General Booth Boulevard. Furtherdetails pertaining to the site, as well as Staffs 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 Proffers: When the property is developed, the exterior of the grocery store on the Concept Plan shall substantially adhere in appearance and materials to the six (6) exhibit entitled "East Elevation," "South Elevation," "West Elevation," North Elevation," Untitled and Untitled dated October 24, 2014, prepared by Little and Associates, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. MGP Retail Consulting, LLC Page 2 of 2 2. As depicted on the Site Plan, entitled 'Property Rezoning," dated June 24, 2015, prepared by Kimley-Hom, when the Property is developed, landscaping including berming shall be constructed along the street frontage. Included in the landscaping area shall be biorotention systems. 3. As depicted on the Concept Plan, when the property is developed, right of way dedications shall be provided to extend Edison Road. Further, standard roadway improvements shall be installed within the new Edison Road right of way in accordance with the standards for public streets. 4. Storage of construction materials and staging areas used during construction shall be located on the site such that line of sight to the adjacent business and signage is not obstructed from traffic traveling northbound on General Booth Boulevard. 5. An entrance shall be provided at the rear of the parcel (GPIN 24154248580000) at 1784 General Booth Boulevard to the north of the site to connect the existing outparcel service road for the shopping center parcel (GPIN 24155410780000) at 1650 General Booth Boulevard which is due north of the site, to tie into the extension of Edison Drive being constructed with this project, if the appropriate easements and other permissions necessary for construction are obtained. 6. 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. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Proffer Agreement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmeti J City Manager: tiv-�V, C1r rxix,xsaxxr-,.,n.......i....,.an,r... MGP Retail Conwhin&LLC D1 L1 November 12, 2015 Public Hearing AL, APPLICANT: NS d8 MGP RETAIL � 51E CONSULTING, LLC aLa ^.L+f PROPERTY OWNER: d-75da "D� � "'n MARK IV -.. a-xn f INVESTMENTS, INC. STAFF PLANNER: Kevin Kemp REQUEST: Change of Zoning (AG -2 District to Conditional B-2 District) ADDRESS/ DESCRIPTION: 1136, 1203, 1205 8 1209 Edison Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 241 54 22 767 00 00 PRINCESS ANNE 4.029 Acres 70-75 dB DNL 24154236930000 24154226300000 24154234450000 24154255010000 24154223840000 APPLICATION HISTORY: The Planning Commission deferred this application on October 14, 2015 in order for the applicant to finalize the details of the proffer agreement. BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to consolidate six parcels for the purpose of developing the subject site with a grocery store. The requested change of zoning from AG -2 Agricultural District to Conditional B-2 Community Business District is necessary to accommodate the proposed use. A majority of the subject site is an undeveloped, wooded area; however, there are two, small single-family dwellings on the site that will be removed. Over the past 30 years, a majority of the properties within the General Booth Corridor have transitioned from agricultural to commercial and residential uses. The subject site is one of the few agriculturally zoned parcels that remain. A description of the proposed MGP Retail Consulting, LLC Agenda Item D1 Page 1 development and its consistency with the Comprehensive Plan's land use policies and the Retail Design Guidelines is provided below. Site Layout: The submitted site layout shows a 36,170 square foot building located on the southern portion of the site. The parking areas encompass a majority of the remaining site. The site is laid out so that there is open space left between the building and the adjacent residential properties. The loading area is located on the east side of the building and will be entirely screened from view by a solid wall that will match the materials of the building. The dumpster is located next to the loading area, and is screened using a solid wall and Category I landscaping. Access: Access to the site will be from two new curb cuts along Edison Road. A right -turn lane will be installed along General Booth Boulevard in the northbound direction. A left turn lane currently exists on General Booth Boulevard in the southbound direction. There is no traffic signal at the intersection of General Booth Boulevard and Edison Road proposed. A signalized intersection exists, via an outparcel service road through the commercial center to the north for left turn movements onto General Booth Boulevard. Right -Of -Way Improvements: Edison Road is currently improved to the existing entrance to the restaurant located directly to the north of the subject site. A majority of the remaining portion of Edison Road is an unimproved private lane. It is the intention of the applicant to dedicate approximately 221 feet of the unimproved portion of Edison Road to the City, resulting in a 36 - foot right-of-way. It is the applicant's desire to extend the outparcel service road for the commercial center to the north so that it ties into Edison Road. The applicant will also dedicate a strip of land along General Booth Boulevard for the construction of a right -turn lane. Pedestrian Movement: The applicant will construct a seven -foot wide sidewalk in the public right- of-way along General Booth Boulevard. The new sidewalk will connect with the existing sidewalk. The sidewalk will extend onto Edison Road up to the first new entrance to the site. A pedestrian path is show connecting the building entrance to the sidewalks on General Booth Boulevard and Edison Road. Parking Areas: There are 157 parking spaces depicted on the submitted site plan, exceeding the minimum requirement of the Zoning Ordinance of 151 spaces. A majority of the parking is to the north of the proposed building; however, there is a small parking area containing 23 spaces located between the building and General Booth Boulevard. Bicycle parking is located near the entrances of the building, next to the sidewalk on General Booth Boulevard. Landscape and Desion Techniques: A ten -foot landscaping buffer consisting of a mixture of ornamental shrubs, flowering trees, and large canopy street trees is shown along both General Booth Boulevard and Edison Road. A 15 -foot landscape buffer will be installed along the southern property line and an eight -foot privacy fence will be installed along the eastern property line to provide screening to the adjacent residential properties. Several landscape islands are proposed throughout the parking area. Foundation landscaping is shown along the facade of the building adjacent to General Booth Boulevard. All plantings will be evaluated in greater detail during the formal site plan review process. Building Desion: The submitted elevation drawings show a modern -style building with a predominant feature of a large arched roofline. The exterior building materials are brick, wood panels, and glass storefront windows. The facade most visible from General Booth Boulevard is primarily glass, and incorporates a wood panel accent wall. The facade facing the parking area is primarily brick, with a row of windows running along the top of the wall. The arched roof will overhang the front wall, and will feature decorative brackets. The design of the arched roof allows the rear facade of the building to be a minimal height, therefore lessening the impact of the MGP Retail Consulting, LLC Agenda Item D1 Page 2 development on the adjacent residential neighborhood. All roof mounted mechanical equipment will be screened from view. Signage: A freestanding monument sign is proposed in a grassy area at the northwest corner of the site. No detail of the sign was submitted with this application; however, the sign will need to obtain a separate permit from the Zoning Department, and will meet all applicable City requirements including: having a maximum height of eight feet, being constructed of materials to match the building, and having a minimum of 75 square feet of landscaping surrounding the sign. Likewise, no signs were shown on the submitted building elevations. All building signs will need to meet the requirements of the Zoning Ordinance and will be evaluated when a sign permit application is submitted to the Planning Department. Stormwater management: The submitted site layout depicts stormwater managements facilities located along the eastern and western property lines. Additionally, bioretention areas are shown within the parking lot and along the front and rear sides of the proposed building. These stormwater management methods will be evaluated in greater detail during the formal site plan review process. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Two single-family dwellings and undeveloped wooded area SURROUNDING LAND North: . Edison Road USE AND ZONING: . Restaurant / B-2 Community Business District South: . Multi -family dwellings / A-12 Apartment District East: . Single-family dwelling / AG -2 Agriculture District West: . General Booth Boulevard . Childcare facility / AG -2 Agriculture District NATURAL RESOURCE AND A majority of the site is undeveloped and densely wooded. The site CULTURAL FEATURES: is located in the Southern Rivers Watershed. Other than the mature trees on the site, there do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size. Intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) MGP Retail Consulting, LLC Agenda Item D1 Page 3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM fCIP): General Booth Boulevard in the vicinity of this application is considered a four -lane divided major suburban arterial. It is also noted in the MTP as an access controlled roadway. There are no roadway CIP projects scheduled for this area. Edison Road in the vicinity of this application is considered a two-lane undivided local street. A portion of the existing road is within a 50 -foot right-of-way; however, this 50 -foot right-of-way only extends approximately 140 feet from its intersection with General Booth Boulevard. The remainder of the roadway is contained within a 15 -fool sliver of right-of-way and a 20 -foot private lane. This roadway is not included in the MTP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic General Booth 32,705 ADT , 32,500 ADT' (LOS 4"C") , a 34,900 ADT (LOS "D") 2 , Existing Land Use — 41 ADT 3— Boulevard t 4 37,100 ADT (LOS "D") Proposed Land Use 3,698 ADT Average Daly Tdps r as defined by 4.029 =as of AG -2 zonirg sas defined by a supermarket containing 37,170 square feet LOS = Level of Service WATER: The site must connect to City water. There is a 20 -inch City water main along General Booth Boulevard and an eight -inch City water line along Edison Road. SEWER: City sewer is not available to this site and it is not located within a pump station service area. There is a 30 -inch HRSD force main along General Booth Boulevard and a 12 -inch public force main along Edison Road. Analysis of the receiving sewer collection system will be required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION This proposal will rezone one of the few agriculturally zoned properties that remains along the General Booth Boulevard Corridor. The proposed commercial development, in Staffs opinion, is consistent with the character of the surrounding area as much of General Booth Boulevard has transitioned from agricultural to commercial over the past 30 years. The Comprehensive Plan's Guidelines for Suburban Areas address both site and building design. The MGP Retail Consulting, LLC Agenda Item D1 Page 4 proposed development, in Staffs opinion, provides a quality site and building design that are generally consistent with both the Comprehensive Plan's land use policies for the Suburban Area and the Zoning Ordinance's Retail Design Guidelines. The proposed building uses high quality building materials, such as brick, provides visual interest through a modern -style design, and is consistent with the Retail Design Guidelines. The site design includes a significant landscape buffer along both rights-of-way, as well as the property lines adjacent to residential properties and the building is situated at a location that is conscientious to the adjacent residential properties. Access to the site is provided from Edison Road. No access is requested from General Booth Boulevard, as it is a limited access roadway. Improvements include the installation of a right -turn lane on General Booth Boulevard, dedication and improvement of Edison Road, and a connection to the existing outparcel service road on the commercial center to the north with Edison Road. Based on Staffs evaluation of the request, as provided above, the project is recommended for approval as Proffered. 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 the property is developed, the exterior of the grocery store on the Concept Plan shall substantially adhere in appearance and materials to the six (6) exhibit entitled "East Elevation, "South Elevation," "West Elevation," "North Elevation, Untitled and Untitled dated October 24, 2014, prepared by Little and Associates, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. PROFFER 2: As depicted on the Site Plan, entitled "Property Rezoning," dated June 24, 2015, prepared by Kimley- Horn, when the Property is developed, landscaping including berming shall be constructed along the street frontage. Included in the landscaping area shall be bioretention systems. PROFFER 3: As depicted on the Concept Plan, when the Property is developed, right of way dedications shall be provided to extend Edison Road. Further, standard roadway improvements shall be installed within the new Edison Road right of way in accordance with the standards for public streets. MGP Retail Consulting, LLC Agenda Item D1 Page 5 PROFFER 4: Storage of construction materials and staging areas used during construction shall be located on the site such that line of sight to the adjacent business and signage is not obstructed from traffic travelling northbound on General Booth Boulevard. PROFFER 5: An entrance shall be provided at the rear of the parcel (GPIN 24154248580000) at 1784 General Booth Boulevard to the north of the site to connect the existing outparcel service road for the shopping center parcel (GPIN 24155410780000) at 1650 General Booth Boulevard which is due north of the she, to tie into the extension of Edison Drive being constructed with this project, if the appropriate easements and other permissions necessary for construction are obtained. PROFFER 6: 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 on the submitted site plan and that the building will be constructed as depicted on the submitted elevations and using high quality building materials. Additionally, the proffers provide assurance that the necessary and required improvements to the City right -of --way will be completed with the development of the site. The City Attorney's Office has reviewed the proffer agreement dated August 17, 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 Come 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. MGP Retail Consulting, LLC Agenda Item D1 Page 6 PROPOSED SITE LAYOUT MGP Retail Consulting, LLC Agenda Item D1 Page 8 I noro�nvrTUYui 'oa®r�a �� rooenra�vvemnc �� raTTmmTmum r R TO TOS... wTxeu PROPOSED SITE LAYOUT MGP Retail Consulting, LLC Agenda Item D1 Page 9 Ai ■ - .R MOM �u ■i ■tl � in ii iii M m - ism 11! �■■� ■e ELEVATION- NORTH FACADE MGP Retail Consulting, LLC Agenda Item D1 Page 11 ELEVATION- WEST FACADE MGP Retail Consulting,LLC Agenda Item D1 Page 12 R ELEVATION- EAST FACADE MGP Retail Consulting, LLC Agenda Item D1 Page 13 ELEVATION -SOUTH FACADE MGP Retail Cp'*kiikt g, Lq Agenda Ite�. D1 Payg 14 PRINCESS ANNE- 1136, 1203 B t20B General Boom a 1m and MGP Retail Consulting, LLC .0-2 IPID 5.e 4 11 AG-1 C ✓ i. AGA ce' ✓ / AO-2 ease R-5Dsey� >75dBD ✓ ✓ AG2 ,R-5D S dB R-8D B-2 A-18 Conditional Change oJZoning (AG-2 to Conditional &2) APPLICATION TYPES CUP•CaMotlwW Uae PamYl MOD= ModNce6on ar CandMwN ar Prdlan 6VR•nwdpWnVW RFS•RaamBp NON•�Wn &T•MarrMWa C'.PW CRZ•ConatlorW STC•8aeatC um SVR•SVbealNon VNNas # DATE REQUEST ACTION 1 03/17/2015 MOD of Proffers Approved 06/25/1996 MOD of Proffers Approved 11/09/1993 CRZ AG-2 to Conditional 1-1 Approved 08/1411989 CRZ AG-2 to Conditional B-2 Approved 2 11/25/2014 CRZ AG-2 to Conditional B-2 Approved 06/10/2003 CUP mini-warehouse Approved 10/1512002 CRZ AG-1 and AG-2 to Conditional B-2 Approved 3 08/19/2014 NON Approved 4 01/12/1999C UP automobile repair establishment Approved 5 08/13/1991 RUO-2 Mobile Approved ZONING HISTORY MGP Retail Consulting, LLC Agenda Item D1 Page 15 W Virginia Beech 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness Historic Review Board Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program EDI Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Nonconforming Use Changes Rezoning Street Closure Subdivision Variance 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 rgRcnvusr oily nil el+nmu,e: muM.n uWta 1Iv9m weAsoeV to+nv n+n„m ce,nmi+ran+rte al cwnol m:a. Iml wmmm .,.al. aPRICAMT NOTIfIEn ar NFARIRG I o>TF � xo cxaxcfs as o+ onse. REVIspNS SYBMITTFn DAif Page 1 of 4 DISCLOSURE STATEMENT MGP Retail Consulting, LLC Agenda Item D1 Page 16 W 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 ifnecessom) MGP Retail Consulting, LLC: Brendan Proctor, CEO; Gareth Reed, Executive Vice President of Cenral Seryicesl Patdck Waldron, Director of Real Estate; Noah groom, Constmmion Manager; Daniel Russell, Acquisition Manager (R) List the businesses that have a parent subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach IIsi if necessary) Schwarz Gruppe GmbH - Parent Company MGP Retail Consulting. LLC - Wholly -Owned Subsidiary See next page for information pertaining to footnotes t and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aaolil a r ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here If the PROPERTY OWNER Iia 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 ifnecessay) Stuart Jones. Owner (R) List the businesses that have a parent -subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) WA 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 Virglnla law. DISCLOSURE STATEMENT MGP Retail Consulting, LLC Agenda Item D1 Page 17 i 'Parenrsubsidiary relatonship- means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the wain, power of another corporation' See State and Local Government Conflict of Interests act. Va. Code § 2 23101 a "APoliamtl business entlry relmonsha means 'a relationship. other than parent subsidiary relationship, that exists "an (il one business entlry hes a controlling ownership interest In the other business entry, (10 a commillog owner In one entlry Is also a comrolllr, owner in the other malty, or (110 there is shared management or control between the business entitiesfacmrs that should be considered In determining the existence of an affiliated business entlry, relationship Include that the me person or substantially the same person o nage the two entities: there are common or M commingled fuos or assets i the business entitieeshare the use of the same arms or employees or Otherwise share activities, resources or personnel o a regular Wns; or there Is otherwlse a 'IOR working relationship between the entities' See Sum and Local Govemmem Conflict of Interests ACL, Va. Code § 2 2.3101 SECTION 3. SERVICES DISCLOSURE Are am/ of the following services being provided in connection with the subiect of the application or any business operating. If the answer to any Item is VES, please Identify the firm or Individual providing the service: yE5 NO SERVICE PROVIDER Iuw redabpul alrsr M 0 F15 IN MME /� ■ Accounting and/or preparer of your to return Architect / landscape Architect / land Planner Contract Purchaser (if other than the Applicant) - identify purchaser antl purchaser's service prowiders Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) COnStrn(IIOn COntr,,Ior. Engineers / Surveyors H61 Amendments. KiMey-Hom faM VM 3Meded 10mW-Ifmn, Mkiys--surveying The disclosures contained In this form are necessary to Inform public Pnpe 3 nI 4 oHiclals who may Yate on Ne application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT MGP Retail Consulting, LLC Agenda Item D1 Page 18 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does sn otfkial or employee of the City of Virginia Beach have ❑ ® an Inbnst in the subject land or any proposed development mntittgent 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 of an ubllc bo or committee In connectio�njwith this Ilcation. N044 )Oa(A,a 61zal S J,meetlno nlei,M' ruTR NIIM NAME I PATE 4L2 t6 naXFR'S SILNaTME PINNf NA MTE The dlschosure, contained In this Form art necessary to inform PUNIC Page 4 of 4 officials who may yore on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT MGP Retail Consulting, LLC Agenda Item D1 Page 19 It 10 w vireniia Bud, Financing (include current ❑ ® mongage holders and lenders selected or bel ng considered to provide financing for acquisition or onstruction of the propene) ® ❑ Epal services kICOiNn Nbodr ❑ ® 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 sn otfkial or employee of the City of Virginia Beach have ❑ ® an Inbnst in the subject land or any proposed development mntittgent 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 of an ubllc bo or committee In connectio�njwith this Ilcation. N044 )Oa(A,a 61zal S J,meetlno nlei,M' ruTR NIIM NAME I PATE 4L2 t6 naXFR'S SILNaTME PINNf NA MTE The dlschosure, contained In this Form art necessary to inform PUNIC Page 4 of 4 officials who may yore on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT MGP Retail Consulting, LLC Agenda Item D1 Page 19 Item D-1 MGP Retail Consulting, L.L.C. Conditional Change of Zoning 1136, 1203, 1205 Edison Road District 7 Princess Anne November 12, 2015 CONSENT An application of MGP Retail Consulting, L.L.C. for a Change of Zoning (AG -2 District to Conditional B-2 District) on property located at 1136, 1203, 1205 & 1209 Edison Road, District 7, Princess Anne: GPIN: 24154227670000;24154236930000;24154226300000;24154234450000;24154255010000; 24154223840000. PROFFER 1: When the property is developed, the exterior of the grocery store on the Concept Plan shall substantially adhere in appearance and materials to the six (6) exhibit entitled "East Elevation," "South Elevation," "West Elevation," "North Elevation," Untitled and Untitled dated October 24, 2014, prepared by Little and Associates, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. PROFFER 2: As depicted on the Site Plan, entitled "Property Rezoning," dated June 24, 2015, prepared by Kimley- Horn, when the Property is developed, landscaping including berming shall be constructed along the street frontage. Included in the landscaping area shall be bioretention systems. PROFFER 3: As depicted on the Concept Plan, when the Property is developed, right of way dedications shall be provided to extend Edison Road. Further, standard roadway improvements shall be installed within the new Edison Road right of way in accordance with the standards for public streets. PROFFER 4: Storage of construction materials and staging areas used during construction shall be located on the site such that line of sight to the adjacent business and signage is not obstructed from traffic travelling northbound on General Booth Boulevard. PROFFER 5: An entrance shall be provided at the rear of the parcel (GPIN 24154248580000) at 1784 General Booth Boulevard to the north of the site to connect the existing outparcel service road for the shopping center parcel (GPIN 24155410780000) at 1650 General Booth Boulevard which is due north of the site, to tie into the extension of Edison Drive being constructed with this project, if the appropriate easements and other permissions necessary for construction are obtained. Item D-1 MGP Retail Consulting, L.L.0 Page 2 PROFFER 6: 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 by Commissioner Thornton and seconded by Commissioner Rucinski to approve item D-1 By a vote of 11-0, the Commission approved item D-1 by consent. David Dallman appeared before the Commission on behalf of the applicant. AYE 11 NAY ABS0 ABSENT 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 D-1 by consent. David Dallman appeared before the Commission on behalf of the applicant. CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -9494 DATE: November 24, 2015 TO: Mark D. Stiles DEPT: DEPT: City Attorney FROM: B. Kay Wilsori0 DEPT: City Attorney RE: Conditional Zoning Application; MGP Retail Consulting, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 8, 2015. 1 have reviewed the subject proffer agreement, dated August 17, 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 Hassan MGP Retail Consulting, LLC, a Virginia corporation Mark IV Investments, Inc., a Virginia corporation Lloyd Tyrone Hines, an individual TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 17th day of August, 2015, by and between MGP RETAIL CONSULTING, LLC, a Virginia corporation, party of the first part, Grantor; MARK IV INVESTMENTS, INC., a Virginia corporation, party of the second part, Grantor, LLOYD TYRONE HINES, an individual of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 4.029 acres, which parcels designated Parcel 1, Parcel 2, Parcel 3, Parcel 4 and Parcel 5 in Exhibit "A" attached hereto and incorporated herein by this reference, along with the other parcels described in Exhibit "A" are hereinafter referred to as the "Property"; and WHEREAS, the individual of the third part is the owner of that parcel of properly located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 0.747 acres, which parcel designated Parcel 6 in Exhibit "A" attached hereto and incorporated herein by this reference, along with the other parcels described in Exhibit "A" are hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG2 Agricultural District to Conditional B2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 24154227670000 24154236930000 24154226300000 24154234450000 24154255010000 Prepared by: Mark D. Williamson, Partner VSB #24171 McGuireWoods LLP World Trade Center 101 West Main Street, Suite 9000 Norfolk, VA 23510-1655 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the exterior of the grocery store shown on the Concept Plan shall substantially adhere in appearance and materials to the six (6) exhibit entitled "East Elevation," "South Elevation," "West Elevation," "North Elevation," Untitled and Untitled dated October 24, 2014, prepared by Little and Associates, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. 2. As depicted on the Site Plan, entitled "Property Rezoning," dated June 24, 2015, prepared by Kimley-Horn, when the Property is developed, landscaping including berming shall be constructed along the street frontage. Included in the landscaping area shall be bioretention systems. 3. As depicted on the Concept Plan, when the Property is developed, right of way dedications shall be provided to extend Edison Road. Further, standard roadway improvements shall be installed within the new Edison Road right of way in accordance with the standards for public streets. 4. Storage of construction materials and staging areas used during construction shall be located on the site such that the line of sight to the adjacent business and signage is not obstructed from traffic travelling northbound on General Booth Boulevard. 5. An entrance shall be provided at the rear of the parcel (GPIN 24154248580000) at 1784 General Booth Boulevard to the north of the site to connect the existing outparcel service road for the shopping center parcel (GPIN 24155410780000) at 1650 General Booth Boulevard which is due north of the site, to tie into the extension of Edison Drive being constructed with this project, if the appropriate easements and other permissions necessary for construction are obtained. 6. 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. All references hereinabove to the AG2 and B2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The 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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Properly, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signature and seal: Grantor: Mark IV InvestryWts, Inc., a Virginia corporation State of Virginia ' City of Virginia Beach, to -wit: (� The foregoing instrument was acknowledged before me this Z(P day of U, 2015, by Stuart Jones, of Mark IV Investments, Inc., a Virginia corporation, Grantor. My Commission Exp Notary Registration WITNESS the following signature and seal: Grantor: Lloyd Tyrone Hines, an individual By: /� r2 r (SEAL) Lloyd Tyrone Hines State of Virginia City of Virginia Beach, to -wit: The foregoing instrument was acknowledged before me this ZI V day of �( , 2015, by Lloyd Tyrone Hines, an individual. My Commission Expires: /�J/- / 9� Notary Registration Number: 3 1 L oar EXHIBIT "A" Tract 1 Parcel 1 All That certain lot, piece or parcel of land, situate, lying and being in Seaboard Magisterial District of Princess Anne County, Virginia, (now City of Virginia Beach), and more particularly described as follows; Beginning at a point wherein a pin is located on the dividing line of the property herein conveyed and the property of Johnny Land, distance 283.4 feet on a course S. 21 degrees 30'W. from the pin on the Southern line of a 20 foot road, and thence N. 65 degrees 34'W. to a pin; thence S. 62 degrees 30' W. 148.4 feet to a pin; thence S. 67 degrees 45' E. 224.4 feet (erroneously referenced as 224 feet in prior deed) to a pin; thence N. 21 degrees 30' E. 108.4 feet to a pin, the point of beginning, designated Plat being known as "A. Chester Reeves", and is incorporated in a Deed of Bargain and Sale recorded in the Clerk's Office in Deed Book 2628, page 1560. Parcel 2: 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 "1.26289 AC.", as shown on that certain plat entitled "Plat of Property of Andre Evans, Trustee", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2459, Page 1961. Being a part of the same property conveyed to Mark IV Investments, Inc. a Virginia Corporation by Deed from Andre Evans, Trustee and Lawyers Title Realty Services, Inc., Substitution Trustee dated September 18, 1995, recorded December 14, 1995 in Deed Book 3567, page 2088 in the Clerk's Office of the Circuit Court of Virginia Beach City, Virginia. Tract 2 Parcel 1 All that certain lot, piece or parcel of land, with any improvements thereon, lying, situate and being In the City of Virginia Beach, Virginia, and bounded and described as follows: Beginning at a point on the southern side of a twenty (20) foot road, known as Edison Lane, and running thence s 21 degrees, 30' W, 511.3 feet; thence N 68 degrees, 30' W, 75.2 feet to a down beat; thence N 68 degrees, 30'W, 53.1 feet; thence N 21 degrees, 30' E, 500.5 feet to the southern side of the twenty (20)foot road; thence running along the southern side of the twenty (20) foot road S 68 degrees, 30' E, 127 8 feet to the point of beginning; and containing 1.5 acres more or less as shown on the plat of Gresham Village, made by W. B. Gallup, County Surveyor, dated September 20, 1941, and duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Va., in Map Book 22, at page 70. Parcel 2 All that certain lot, piece or parcel of land, with any improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known and designated as "Parcel 'C' Area = 0 .348 Acre" on that certain plat entitled "Survey of Leroy R Widgeon Property (Map Book 88, Page 17) for Cannon Properties Princess Anne Borough -Virginia Beach Virginia" dated April 1978, made by Marsh and Basgier, Inc., P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Va. In Map Book 126, at Page 43; but excluding that portion of Edison Lane designated "Area = 0. 130 Acre." Being the same property conveyed to Mark IV Investments, Inc. a Virginia Corporation by Deed from Dam Neck Properties LLLP dated August 23, 2012, recorded August 29, 2012 in Instrument No. 20120829000988890 in the Clerk's Office of the Circuit Court of Virginia Beach City, Virginia. Tract 3: All that certain lot, piece or parcel of land situated and lying in Gresham Village, Seaboard Magisterial District, Princess Anne County, Virginia (now Virginia Beach) and bounded and described as follows: BEGINNING at a pipe in oak stump in the southwest corner of land hereby described, in the line of the property formerly Dennis Woodhouse and running thence along the Woodhouse line N 62 30E 323.4 feet to a gum; thence N 22 E 219.12 feet to an Axle; thence N 47 E 64 feet to a gum on a 20 foot road; thence S 68 30 E 97.58 feet to the property Johnny Land; thence N 21 30 E 500.5 feet along said Johnny Land's line to the property of Etheridge; thence N 66 W 213.4 feet to an axle in a gum stump; thence N 70 30 W 136 feet to the point of beginning as shown on the plat entitled "Gresham Village" located in Dam Neck -Princess Anne County, Virginia, recorded in Map Book 22, at Page 70. LESS AND EXCEPT: That portion of the above described property conveyed to Chester Reeves at ux by Deed dated September 2, 1954 and duly recorded in Deed Book 3 79, at Page 102. AND That portion of the above described property conveyed to Bennie Ward at ux by Deed dated October 13, 1959 and duly recorded in Deed Book 606, page 422. Being the same property conveyed to Mark IV Investments, Inc. a Virginia Corporation by Deed from Best Investments, Inc. dated March 17, 2014, recorded March 30, 2014 in Instrument No. 20140320000235890 in the Clerk's Office of the Circuit Court of Virginia Beach City, Virginia. All that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and being in the Seaboard Magisterial District of Princess Anne County, now the City of Virginia Beach, Virginia, and being known, numbered and designated as Site 'B', as shown on that certain plat July 29, 1953, and entitled "Property of Russell Ward located near Dam Neck in Princess Anne County, Virginia," which said plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, Deed Book 379 at Page 104. Being the same properly conveyed to Lloyd Tyrone Hines by Deed from Bennie Ward dated June 9, 2007, recorded June 9, 2010, in Instrument No. 20100609000565830 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. O LO do CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD W. BOUCHER T/A EXCELLENCE PROFESSIONAL PAINT SERVICE [Applicant] GHS II, INC, [Owner] Conditional Use Permit (Auto Repair Garage) 3413 Chandler Creek Road, Suites 120 & 121 (GPIN 1495047961) COUNCIL DISTRICT—ROSE HALL MEETING DATE: December 8, 2015 Background: This site is part of a 33 -acre industrial park that was rezoned from residential to light industrial in 2001. Due to the existence of a restrictive AICUZ easement (the site is within the 70 — 75 dB DNL noise zone), uses of the property are limited to agricultural, industrial and outdoor recreation. The 2001 proffer agreement restricts the uses to warehouse and light industrial operations. Considerations: The applicant requests a Conditional Use Permit for an automobile repair garage for custom body restoration, all of which will occur inside the two suites. According to the application, no collision work or engine repair is proposed, but rather "high-end," specialty body and paint work. Clients are arranged by appointment only. 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 to the City Council with the following conditions: 1. No tires, merchandise, or parts for sale shall be displayed outside. 2. All auto repair must take place inside the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. The outside storage of equipment, tires, parts, or materials shall be prohibited. Richard W. Boucher Page 2 of 2 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). ■ 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 Departm City Manager: h ,-zz&v-t �\ RICHARD W. BOUCHER 3 November 12, 2015 Public Hearing APPLICANT: RICHARD W. BOUCHER T/A EXCELLENCE PROFESSIONAL PAINT SERVICE PROPERTY OWNER: GHS II, LLC STAFF PLANNER: Carolyn A.K. Smith/James McNamara REQUEST: Conditional Use Permit (Automobile Repair Garage) ADDRESS / DESCRIPTION: 3413 Chandler Creek Road, suites 120 & 121 GPIN: ELECTION DISTRICT: SUITE SIZE: AICUZ: 14950479610000 ROSE HALL 3,000 square feet 70 - 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL This site is part of a 33 -acre industrial park that was rezoned from residential to light industrial in 2001. Due to the existence of a restrictive AICUZ easement, uses of the property are limited to agricultural, industrial and outdoor recreation. The 2001 proffer agreement restricts the uses to warehouse and light industrial operations. The applicant requests a Conditional Use Permit for an automobile repair garage for custom body restoration, all of which will occur inside the two suites. According to the application, no collision work or engine repair is proposed, but rather "high-end," specialty body and paint work. Clients are arranged by appointment only. RICHARD W. BOUCHER Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Light industrial uses in an industrial park SURROUNDING LAND North: . Light industrial uses / Conditional 1-1 Light Industrial District USE AND ZONING: South: . South Rosemont Road . Woods / Conditional 0-1 Office District . Stormwater management facility / R-51) Residential District East: . Single family dwellings / R -SD Residential District West: Woods / P-1 Preservation District NATURAL RESOURCE AND The property is within the Southern Rivers watershed. There is a CULTURAL FEATURES: stream channel along the eastern property line. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from 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) I CAPITAL IMPROVEMENT PROGRAM (M: There are no CIP projects slated for Chandler Creek. While there is a CIP project for Rosemont Road (Rosemont Road Phase V), the RosemonVChandler Creek intersection will remain as an un -signalized T -intersection. The preliminary engineering report calls for a left -turn lane off of Rosemont onto Chandler Creek Road, without a right -turn lane. RICHARD W. BOUCHER Agenda Item 3 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Chandler Creek Road No Data 0,200 ADV (LOS 4'C') Existing Land Use �1,010 ADT Available 9,900 ADT (LOS 'E') Proposed Land Less_ 1,010 ADT Average Daily Trips ° as defined by Industrial uses automobile repair at this Iocadon will likely have no disoemable traffic impact on Chandler Creek or Rosemont Roads 4 LOS = Level of Samoa WATER & SEWER: This site is currently connected to both City water and sewer. EVALUATION AND RECOMMENDATION The Conditional Use Permit request for automobile repair at this location is a compatible use in the 70 — 75 dB DNL noises zone, as identified in Section 1804 of the City's Zoning Ordinance. Custom auto body restoration within the industrial park is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with surrounding land uses. In Staffs opinion, the addition of auto restoration within the industrial park will have very little impact on existing businesses on the property and on adjacent parcels, as all of the renovations and upgrades to the vehicles will be performed inside the building. No outdoor storage of materials or parts is proposed. Staff recommends approval of this request with the conditions below. CONDITIONS 1. No tires, merchandise, or parts for sale shall be displayed outside. 2. All auto repair must take place inside the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. RICHARD W. BOUCHER 2 Agenda Item 3 S Page 3 4. The outside storage of equipment, tires, parts, or materials shall be prohibited. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 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. RICHARD W. BOUCHER Agenda Item 3 Page 4 oaa N 1 ._ �0 .n �i1 yW .�I� v 113\1.�F1':•. i- ■ �i uF' 'i4iY Z36.'aL 3b Qmfi. I' 1- � lYt 1 EXISTING SITE LAYOUT RICHARD W. BOUCHER Agenda Item 3 Page 6 mmm OVERALL SITE LAYOUT RICHARD as «.m Agenda Item Page PHOTO OF SUITES 120 & 121 RICHARD W. BOUCHER Agenda Item 3 Page 8 ROSE HALL DISTRICT— Muo.mis r...k Real RICHARD W. BOUCHER N 406 6 R-51) I-1 P-1 1 X t4T 70- 75 db L AICUZ R -SD �p N mol a0*0 recd cv Oe Conditional Use Permit- auto repair garage APPLICATION TYPES CUP = Conditional U. Pe.ft MOD = Modigcelbn Of Conditions or Pmrters FVR = Fbodplaln Variance REZ=Rezoning NON =Nonmridming Use ALT =AKr Vvs Cornpge CRZ = COW11110mml no STC =St W1 Closure SVR -Subdivision Variance # DATE REQUEST ACTION 1 10/13/2009 CUP (bulk storage) Approved 07/03/2001 CRZ(R-5D to Conditional 1-1) Approved 10/27/1998 MOD Denied 09/22/1998 Cl(R-5D to Conditional 1-1 Approved 2 07/18/2009 CUP bulk storage) Approved 3 08/10/2004 CRZ(R-5D to Conditional 1-1, 1-2 & P-1 A roved 4 09/14/1999 Cl (R -5D to Conditional 1-1 A roved 5 02/23/1999 CUP communication tower A roved ZONING HISTORY RICHARD W. BOUCHER Agenda Item 3 Page 9 s e. Vkdnb al 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: Special Preservation Area Board Conditional Use Permit Disposition of City I'mrPerry Economic Development Investment Program EDI Encroachment Request F1 plain Varhnce Franchise Agreement tease of City Property Llcame Agreement Modif cation of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance 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, partnenhip, firm, business, or Con(lTy...1/an annow,.. mart b<�pdn.e m,a.,.k. n��m,o.., Page l of m, end a IX L]^ MIT X011nfD OF GII,XL 13 MO CXaNLF1 A10f 04E Q _I XEVulom SNNiIIEn ..TE DISCLOSURE STATEMENT RICHARD W. BOUCHER Agenda Item 3 Page 10 other unincorporated organization, AND THEN. complete the (A) List the Applicant's name followed by the names of all officers. directors, members, trustees, partners, eta below: (Artach fist lfnecassary) Richard! E. Boucher Us Excellence Professional Paint Services (R) List the businesses that have a parentsubsidiaryt or affiliated business entity z relationship with the Appllcart: (Attach list If necessary) See next page for Information punishing to Incomes' and z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section Z only if nronerty owner is different from Anplicanz. Check here if the PROPERTY OWNER IS NOTA corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND i}IEN. complete the following. (A) List the Property Goner's name followed by the names of all officers. directors, members, trustees, partners. etc. below: (Attach list lfnecersary) G.H.S. 11, L.L.C.: H. Allan Gibbs, ManegeNMember (g, List the businesses that have a parent subsidiary ' or affiliated business entity p relationship with the Property Owner. (Attach list ifnecessary) The disclosures contained in this form arc necessary to inform public N, x cf 4 officials "a may Me on the application as to "ether they hne a conflict of Interest under Virginia law. DISCLOSURE STATEMENT RICHARD W. BOUCHER Agenda Item 3 Page 11 vw3s e s _— � Yryinla BeeeM1 1'Pmse subsidiary reWicent ip' mens'. nlalbnsNp that etlsts when one corporation Olnnh or IMbemy cams shares pmsessly more than so percent a the voting power of another corpmnron' fes hate and Local Government Conflict of Interests s¢ Va. Code 5 2 E-31 of. a'Afilated business artery relatbmM1ly relationship, other than paremsubsldlary relationship, that exists when 01 one business entiry has a controlling ownership interest In the other business entiry, till a controlling wvrrer In one emirs Is also a controlling comer In the other entiry, or INo there is shared management or control between the business emhies (anon that should be anis erect In determining the existence of an aRluted business entiry relationship mtlude Net the me person or substantially the same person own or manage the wan entitles. Mere are common or ammingled funds or assets; the busenssentries sham the of the same oor employees or oM10ar wise she ccounts, no or pereel o regular offices or or there Is othetwire a close working relationship between me enOtks' see sure and Local Government Contin of Interests Act, V. Code $ 2 31101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or . If the answer to arty, Item Is YES, please Identify the firm or individual providing the service' Y6 E01 I SERVICE PROVIDER =nwrrelm.naa ® 01 Accounting and/or pr sparear M Ben Hawkins. CPA your U. rewm ❑ ® Archltect y Landscape savoriness If W Jh3B Smessaw The disclosures contained in this form are necessary to Inform public Page 3 of a officials who may vote on the application as to whether they have a con lin of Interest under Virginia law. DISCLOSURE STATEMENT RICHARD W. BOUCHER Agenda Item 3 Page 12 all Financing (include current mortgage holder, and lenders selected or being considered to Provide financing for acquisition or construction of the property) Legal StMas Real Estate Brokers / Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NOrpoes an official or employaa of the City of Virginia Beach have ❑ b{ Ian Interest in the subject Land or any proposed deveiopment W ntingesit go 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, VEDA meeting, or meetin of an ublic b or committee In connection with this Bcatl ega0/.a^L- Meld &aL ray//' f' VRGxT'isnrwT mIm FUME ml e R0. WNaTIIxE IM eUM [U The disclosures conuined in this form am necessary to inform public Page of 4 officials who may sore on the application as to whether they have a conflict of (.,east under Vvpinla law. DISCLOSURE STATEMENT RICHARD W. BOUCHER Agenda Item 3 Page 13 Item N3 Richard W. Boucher t/a Excellence Professional Paint Service Conditional Use Permit 3413 Chandler Creek Road, Suites 120 & 121 District 3 Rose Hall November 12, 2015 CONSENT An application of Richard W. Boucher for a Conditional Use Permit (Automobile Repair Garage) on property located at 3413 Chandler Creek Road, Suites 120 & 121, District 3, Rose Hall. GPIN: 14950479610000. CONDITIONS 1. No tires, merchandise, or parts for sale shall be displayed outside. 2. All auto repair must take place inside the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. The outside storage of equipment, tires, parts, or materials shall be prohibited. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). A motion was made and seconded by Commissioner Rucinski to approve item 3 By a vote of 10-0-1, with the abstention so noted, the Commission approved item 3 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 30 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 3 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant. 641 y lo z^H V ----- -- C4 �a sw 4.r Y M m gA4TIC p�ENUE e s isO b v +. N L ; S W q m N 1 Q O Ul ^ i CD QLU co 4F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEVIN JAMISON [Applicant] MISSION ENTERPRISES, LLC [Owner] Conditional Use Permit (Eating and Drinking Establishment), 501 Virginia Beach Boulevard (GPIN 2427063654) COUNCIL DISTRICT—BEACH MEETING DATE: December 8, 2015 a Background: The subject property is zoned OR Oceanfront Resort District and is adjacent to property zoned A-12 Apartment District. In the OR District, a restaurant that sells alcohol and is within 100 feet of Residential or Apartment Districts needs a Conditional Use Permit. ■ Considerations: The subject restaurant, Commune, is currently open and primarily serves breakfast and lunch. They would like to offer local wine and beer. The adjacent restaurant, Esoteric, was approved by City Council for the same request in October, 2014. Further details, as well as Staffs evaluation of the request, are provided in the attached staff report. The property owner and applicant have spoken with residents located in the adjacent neighborhood regarding parking, homeless activity, and noise. No opposition attended the Planning Commission Hearing. ■ 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. This Conditional Use Permit shall apply to the unit located in the northeast comer of the existing building. 2. Operation of the Eating and Drinking Establishment shall not take place between 12:00 am (midnight) and 7:00 am. 3. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. Kevin Jamison Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmer City Manager: tS rcr-„„,W.:..e....... Kevin Jamison ORn� .... �l OR OR^' O �oR�sEVM Rare M1 OR w Ora w r rrR } -79 dB DNL A/C 1 RE� � RiR CmMMWVa. 0.rmR (EeNq eM AlNiry E,bbWM1mmll REQUEST: Conditional Use Permit (Ealing and Drinking Establishment) 9 November 12, 2015 Public Hearing APPLICANT: KEVIN JAMISON PROPERTY OWNER: MISSION ENTERPRISES, L.L.0 STAFF PLANNER: Kristine Gay ADDRESS / DESCRIPTION: 501 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270636540000 BEACH 28,000 square feet 65-70 dB DNL (Sub Area 1) BACKGROUND / DETAILS OF PROPOSAL Request The applicant recently opened a restaurant on the subject site and would like to offer bottled local beer and wine as part of their menu. The site is zoned OR -Oceanfront Resort; per Section 5.3.9 of the Oceanfront Resort District Form -Based Code (FBC), when a restaurant serves alcohol and is located within 100 feet of a "Protected District,” a Conditional Use Permit for an "Eating and Drinking Establishment” is required. The FBC identifies Apartment and Residential zoning districts that are adjacent to the OR District as "Protected Districts'. Since the restaurant will serve alcoholic beverages and is located within 100 feet of properties zoned A-12 Apartment District, a Conditional Use Permit is required. Details The applicant's restaurant, Commune, recently opened but does not include beer or wine on their menu. Commune mainly serves breakfast and lunch and is open between the hours of 7:00 am and 3:00 pm, KEVIN JAMISON Agenda Item 9 Page 1 Tuesday through Sunday. The applicant is considering opening the restaurant in the evenings for specific group reservations. These reservations would not take place after 12:00 midnight. The restaurant occupies 2,000 square feet in the northeast portion of the building. The applicant is not proposing to make any improvements to the exterior facade or site in conjunction with this application. Over the past year, the property owner has made substantial improvements to the 28,000 square -foot site as well as the existing 9,000 square -foot building. These improvements include a landscape buffer along the southern property line, a garden in the southwestern portion of the site, retained on-site parking, structural and aesthetic improvements to the building, custom designed fencing, Improved sidewalk area, and custom landscape planters. Additionally, in November of 2014, the building was approved by the Virginia Beach Historical Review Board to be listed on the Virginia Beach Historical Register, LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Two restaurants (+/-4,500 SF), and vacant retail spaces (+/-4,500 SF) SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Car wash / OR Oceanfront Resort District South: . Duplex and single-family dwelling units / Al2 Apartment District East: . Baltic Avenue . Commercial / OR Oceanfront Resort District West: . Motor vehicle repair / OR Oceanfront Resort District NATURAL RESOURCE AND The existing building is listed on the Virginia Beach Historical CULTURAL FEATURES: Register. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District From -Based Code (FBC). The Resort Area Strategic Action Plan (RASAP) is the guiding planning policy for land use and development in this area. The RASAP supports the creation of districts with distinctive identities and year-round uses. Section 2.1 of the FBC designates that this site is located on a Shopping 2 Street Frontage. The intent of the Shopping 2 Street Frontage is to allow for mixed-use development and walkability but does not necessarily require the shop front building element. EVALUATION AND RECOMMENDATION In October of 2014, City Council approved a Conditional Use Permit for an Eating and Drinking Establishment (Esoteric) to occupy the northwest portion of the existing building. At that time, the property owner had identified the additional "creative business" type uses she intended to have on site. These uses included small restaurants, design studios, specialty bakers, coffee roaster, and other small local craftsmen. To ensure the site and building improvements would allow for the property owner's intended uses, City review agencies additionally provided comments for the uses of general office, specialty retail, and quality restaurant. KEVIN JAMISON Agenda Item 9 Page 2 There is surface parking to the west of the building. This parking will be shared among the tenants as determined by the property owner. Following Section 6.2.3 of the FBC, since the building was placed on the Virginia Beach Historical Register, uses located within the building are exempt from the parking ratio requirements. The property owner has improved the site as per the conditions approved by City Council in 2014. These improvements were designed to ensure compatibility between the proposed uses and adjacent Protected District to the south. The subject request for a Conditional Use Permit for an Eating and Drinking Establishment to allow the sale of local wine and bottled beer as part of a quality restaurant is consistent with the intent of the Shopping 2 Street Frontage and the development strategies of the Resort Area Strategic Plan. For the reasons stated above, staff recommends approval with the conditions below. ►n1r1111111]2K 1. This Conditional Use Permit shall apply to the unit located in the northeast corner of the existing building. 2. Operation of the Ealing and Drinking Establishment shall not take place between 12:00 am (midnight) and 7:D0 am. 3. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. 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. KEVIN JAMISON Agenda Item 9 Page 3 FIELIRNll Id CO lC®I IW COAi00X IM COMMUNE FLOOR PLAN KEVIN JAMISON Agenda Item 9 Page 5 LOCATION OF COMMUNE WITHIN THE EXISTING BUILDING KEVIN JAMISON Agenda Item 9 Page 6 BEACH DISTRICT— 501 Viryinietlexnlloulever0 Kevin Jamison OR .unr OR r woo e CH BOUT-EV�O o/ ,►,. VIROINIABEA n ", L' "..OR z OR m ", A-12 o, A-12 :79 dB DNL AlC 7r ,,. 180' StREET .,« .". 5 r- R -M Conditional Use Permit (Eating and Drinking Establishment) APPLICATION TYPES CUP = Concimnal Use Permit MOD = Modi udlon of Conditions or Proffers FVR = Floodplain Vanance REZ=Rezoning NON=Nonwnfonning Use ALT =Alternative Compliance # I DATE I REQUEST ACTION 1 04/13/2010 10/09/2015 1 CUP (Small Engine Repair) CUP(Eating and Drinking Establishment Approved Approved 2 1 10/08/2002 1 NON Denied 3 10112811992 1 NON Approved ZONING HISTORY KEVIN JAMISON Agenda Item 9 Page 7 DISCLOSURE STATEMENT FORM The completion and submission of this form is required far all applications that pertaln to City real estate melon or to the development and/or use of property in the Clty 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 10. the following: Of Proven, f pWpm sitlan of city raderaitort of —. Conditions ar proffers -- Ecpnowic D•vabpwar .Special lawstmem rim N..Yenlw mind life f<urosAweat4aaaat F hRirarsers Latest of City Property I I Subdivision Variation I ComMimsal use ►aradt I I taceaae A I I Warrads peer+ I The disclosures Contained In this form are necessary to htform public officials who may vote on the application as to whether thelia have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE Check ht(e If I" AMLNCAWT IS NOT a fru"14110n, Oannrsnnp. arm. busmess. 6r Omer Ynm(WOOM M MganiLtiOn Check here J the A►►LLC_AYT 6 a (aporapon, pM"r,hip, fnm. posmoss, or -YDHri<Va,aq /il!n[InuA^'N'LI -0<nKM�M1rFr.a..o 1^— nQf 0(a • L[.rR! Pr<I K'bl m:N u4 (ilifK ni<-tM'l r-0(YNG OI MaY_�. MM. .:1. DISCLOSURE STATEMENT KEVIN JAMISON Agenda Item 9 Page 8 �- - +vs ether rjnm....... led cr9anuaoon, AND TMrk comli the falloruby. (A) List lir! AGGoOrt s rasm, fdl.ed If, the cume5 of ah officers, drrecili mem s, trustees. panrers. ell, bel.. (Artach lira i/necaaaary) f!1 tltt fee, businesses that Mrs a Wow subsidieh I or affiliated buureas artier r relurogm0 wdh tM Applmam Lertiah bit i(Westoru. fR T.i pair for rMYrm.een pinawyte bsrnnest aN r SECTION 2 / PROPERTY OWNER DISCLOSURE Carglar. Sacrian ) ❑ CMi *,,if die ripjML 1Y MNU O MOTs (tpprartmr, yartrsertmy, firm. bo fine!(, or ether unin[Opbatl4 testator'" �I Ch., h of It he P6Wa61T Movie n a rapwmon, dannenmo. 1pm, bYYrlff.O Yttrer Ymn(PPorilld for"m... com. AMO if EY rearplet! tM follonnr W fill mr oraperry Owner, f rune fhllaeed be tM homes of aft officers, d,acr ors, momr., ".arm, portrait, et(. MI. Ururh b" it rertfraryi Mf2tlun � L,ICTak✓�1 % LLC' .elNilo CkAL"Wrrf aeA TiTN Cywfrram (1) _neve butiMntt that faster parrot -d11bA0MryI rt aflduHG Walrt9 VIPW f relarpntrep milt the Pmperry Qmer fAtneh fill s(ruceararyl 1M aO(lafugt orrt ira! m mu ram.n riecon.ry re .1ci bubY( Hde } if a pN,n et Whr Tre•!!eon the '00ii as tpwMMr!MV^avearpr,rm of mPNr rural" uw DISCLOSURE STATEMENT KEVIN JAMISON Agenda Item 9 Page 9 ' Nnn • du�r •nar.MD•e' xuan . ••wgn+nq nYl nnu .fex e.. la.aaanen s..a\ly a xwrcpy � wm op,f..furo alpn wfn w rwq.r,r a \M ..pna peM, a anaM, \e.fereun Y•iuw., lwal Cenr,nren<Mlala nwmUM v. [pN{1a31Dr FN.•ana Wlnt++ colo 'f Y'4mnia r qMM. aM Va• a •mVWv rlYlvnl+p YM An\I YYx'I• W Eu.•I+,ar , n'any+[.Yy,{grp Ilw rrr+M, qyr N.n ., ,••�Iv. 14. anrN•r9 u^r n n n n Wn x rn•rcrd.y fw n Me \xll, Maly. w .. IF.re n NIWIO minJ♦!•e a b+.•e+. Mb lllWf 11Y! \MM M cnad•nO .� MM,nn•^a lFe r.n rcrw Mx•n .M1ixyee pnrrnN aM My1wIJ. wlW IW M fw pru,;a fae+vnax. rw<n r,..aor rM wuewwf. 11tH an lrnp.w nrMYD I'fd. w ,Iv eu� n.. a +Fan IM N d \M Hw• eWvf a •npbYnf w uMn•n +yn annpwa �mrarm w+plfwl w .reµ, W, w Hole n raw.. a !Yn rora•N rrWhMV u,wrx .,r •wlrrl. Y! fun .,a real fwr••! [xwwn r wnm\+ M v. cane )) 1101 SECTION 3. SERVICES DISCLOSURE Ne am d IN fdlownq u•+Ma+ MMq Nwa0f0 m cWatlb. w.ln 1M IY�LL9f_lilq "&'M M m pwapfra M me,awyplbs ft m p 0w answ'e\ 10 aM kew n AS. plaafe Nentlly 1M fwm w bdwidUM Wd "Mn fervor LM -1 LN01 13 p rY.quMti awlM wyalwd yoW Ya waaln aRMatl Lin! pYnlW, m lr hrcluu. W law ❑ fG a0lupranM.n MhkMev p0ronWMvawEA otMr oaneinq ❑ � purcn+ur e\ \ne fuatlepl q,ppaafY i ManWy µrcNxrlal aap p.n....p 1.'rba ww•lauaf Cenaulwtkp Cm)raafan I ' (� �]i [ngiaaen /SuMYaf L_ _ 11 ew[IwurM1016M4'n)atl Moran rn(MYry\D'll,gnn Wdr! hgfida oMRult'N•o nav vaa entMappe..... nmrM�Mr\Mv N•!•.^nn'u oe •muco ..m•u rq'n vn DISCLOSURE STATEMENT KEVIN JAMISON Agenda Item 9 Page 10 FNvin9 lin[IW1 [un[M neap heYen�IY ltnWn ❑ teY<ud or kiro MderW u pre.:de INMiN br aqubltbn r•Iis w[enitruttbndlk pppnYl ❑ ly IeplLnker — Real Etutt Mders ! Aemis Id ❑ ❑ mune anhnpnetl btwe .,kt d tk tagen vrlroem SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR [wnplett. trod and a[mrate. EMPLOYEE YES '1" ❑ � Dees r d/bW e. enlRbl+M IRe OtY d NgleO 6aaA bare, aA Ytenea Y 111! sApw 4 w A" peppled dareloet melieeeel a tY ,sY}[I pnY[ a[Ywl amens P. man n,et Y yes, venal It Ile named the 011gW w empYyee and Mal i+the nnw pl Ille nYrtstt ha C VIAStzun k4 5 S�GAII4tt I [erbh that LI d the mlPrmallwl ctmtalnee n nb pubsurt Sua<I1e111 fprm i[ [wnplett. trod and a[mrate. I urberstaed del, upon r, I w d nmible fw Ihal I ,ppi[atbn has been slheduled Tllr Wdn nelriny, am rnpenslWe Iw upd,ling tM b(wlnalmn pP«dte MINn Pro'weeYs Prw m tM Naming CPmmmbn, CPured, vtDA meebne, w 1Melln d m �YDIe Or lOm n mI1N[tYll a thisIRatlnn. — Ti ;sl.t. amens P. man n,et lurt ha C VIAStzun k4 5 [sslWluat AMrMflt UnF 1M dd[bfur�f [onuned n mn loan art n«uf,ry m inlprm enbh[ P,ee a IN a dOeUt MIP kaY sm[ Pn tb[ aPdv[!gY as b wMM• IM hM a 1T11V or mores u�e• v�ro�n.a m. DISCLOSURE STATEMENT KEVIN JAMISON Agenda Item 9 Page 11 Item p9 Kevin Jamison Conditional Use Permit 501 Virginia Beach Boulevard District 6 Beach November 12, 2015 CONSENT An application of Kevin Jamison for a Conditional Use Permit (Eating and Drinking Establishment) on property located at 501 Virginia Beach Boulevard, District 6, Beach. GPIN: 24270636540000. 1. This Conditional Use Permit shall apply to the unit located in the northeast corner of the existing building. 2. Operation of the Eating and Drinking Establishment shall not take place between 12:00 am (midnight) and 7:00 am. 3. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 9. By a vote of 11-0, the Commission approved Item 9 by consent. 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 9 by consent. s F. F: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RADMAN RADIOLOGICAL CORP. [Applicant] JOHN MOLLER [Owner] Conditional Use Permit (Home Occupation -Office Use) 2353 Fenwick Way (GPIN 2404140680) COUNCIL DISTRICT -PRINCESS ANNE MEETING DATE: December 8, 2015 ■ Background: The applicant requests a Conditional Use Permit to allow for an office use within a single family dwelling in the Princess Anne Quarters neighborhood. The applicant owns a radiological (x-ray) supply and equipment company with administrative offices within the residence. ■ Considerations: A Conditional Use Permit for a home occupation is required in order for an employee to continue to work out of the applicant's home. Typically, there will be one employee on site from 8:00 a.m. to 5:00 p.m., seven days a week, working out of the home. There is ample area within the existing driveway for the residents of the home as well as for the single employee. Further details pertaining to the application, 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 10-0, with one abstention, to recommend approval of this request to the City Council with the following conditions: 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood Redman Radiological Corp. Page 2 of 2 under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor -trailer. 5. The home occupation shall be conducted on the premises which is the bona fide residence of the principal practitioner. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. 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 Department �� City Manager: p)L ,�3&1Y'Y 6 November 12, 2015 Public Hearing APPLICANT: RADMAN RADIOLOGICAL CORP. PROPERTY OWNER: JOHN MOLLER STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Home Occupation -Office Use) ADDRESS I DESCRIPTION: 2353 Fenwick Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24041406800000 PRINCESSANNE 10,000 square feet 65-70 dB DNL Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL Backaround & Details The applicant requests a Conditional Use Permit to allow for an office use within a single family dwelling in the Princess Anne Quarters neighborhood. The applicant owns a radiological (x-ray) supply and equipment company. According to the application, the administrative offices of Radman Radiological Corporation are within the residence. One non -family member regularly works on-site, typically from 8:00 a.m. to 5:00 p.m., seven days a week. Based on that, a Conditional Use Permit for a home occupation is required in order for an employee to continue to work out of the applicant's home. There is ample area within the existing driveway for the residents of the home as well as for the single employee. RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single family dwelling SURROUNDING LAND North: . Fenwick Way USE AND ZONING: . Single family dwellings / R-10 Residential District South: . Single family dwellings / R-10 Residential District East: . Single family dwellings / R-10 Residential District West: . Single family dwellings / PD -H2 (R-7.5) District NATURAL RESOURCE AND The site is within the Southern Rivers watershed. There do not CULTURAL FEATURES: appear to be any significant environmental or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Fenwick Way, a residential street ending in a cul-de-sac. There are no roadway CIP projects planned for this roadway nor is it referenced in the MTP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic No Data "D' Existing Land Use 2_ 10 ADT Fenwick Way Available 9,900 ADT — Level of Service Proposed Land Use —14 ADT Average Daily Trips' as defined by eusfing single family home sas del by a single family home with one employee LOS = Level of Service WATER 8 SEWER: This site is already connected to both City water and sewer. RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 2 EVALUATION AND RECOMMENDATION The applicant's request for a home occupation with a single employee is generally consistent with the Comprehensive Plan's land use goals for the Suburban Area. The applicant does not propose any changes to the structure or site. Future physical improvements may be made to the site, provided that any alterations meet the by -right requirements of the City Zoning Ordinance related to single family dwellings located in the R-10 Residential District. The proposed use is compatible with the scale of the neighborhood and the surrounding area and is typical of other home occupation requests by those who operate a small business from their residence. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor -trailer. 5. The home occupation shall be conducted on the premises which is the bona fide residence of the principal practitioner. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of 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. RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 4 AERIAL OF SITE LOCATION RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 5 G 1WA1�2MN1 Ci yWINS r I FENWlCK WAY Ib'l MEN_.,. �=-x_ PUN W LOT 15. S IN4W OF PRWCESS AMIE WA TR.. PHASE Tape —o FOR NAPOLITANO HOMES MF A B AW, NRG.A .NNE 12 Np< YWs: Y - 'W BASCIER AND ASS - D A= D1 10N UnELas-AR1£m+s-p. SA 2NlW YTK 9A2 /W NMNA ffAO4 MGMA ]N.H EXISTING SITE SURVEY RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 6 PHOTO OF HOME RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 7 PRINCES ANNE DISTRICT- 2353 renwidr Way RADMAN RADIOLOGICAL CORP. 2Ma mt `f41A o R- �+ 2345 \� 2M 2349 24M xMa 2151 2212 a le 2342 �P7 �4 2157 /r,. py Oq 2209 DH R -10 x361 r �o 2368 R-10 236s 2314 Cry,h 2372 2369 Y� 2401 /ya 21Qa 5-70 db D/gYAl uz an 2V5 21T \� 3Y7 Conditional Use permit - Nome Occupation PPLICATION TYPES CUP =Conditional Uee Pem1R MOD = Modification of Conditions or Proffm FVR = Floodplain Variance RUR = Rexnning NON = Nonconforming Use ALT = ANemati Compliance CRZ= CoMRional Rezoning STC =Street Closure SVR= Subdivision Variance R DATE I REQUEST ACTION 1 08/10/2004 CRZ (R-10 to PD -1-12 (R-10) & Historical/Cultural Overlay) Approved MOD (AG -1 & AG -2 to Conditional R-10 & Historical/Cultural Approved Overlay) 05/25/1999 CRZ AG -1 & AG -2 to Conditional R-10 Approved 2 10/23/2001 CRZ AG -1 &AG -2 to Conditional R-10 Approved ZONING HISTORY RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 8 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 by City Alternative Compliance, Special Exception for �oard of Zoning A eels Certificate of Appropriateness Historic Review Board Chesapeake Bay Preservation Arca Board Conditional Lisa Permi[ Property n of CItY P Economic DevelopmentInvestment Program EDI Encroachment Request Floodplain Vadance Franchise Agreement tease of city Pnparty License Agin erne t Modification of Conditions or Proffers Nonwnfofmirrg Use Change: Rezoning Street Closure Subdivision Valance Wetlands bard 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 NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPt CANT rc a corporation, partnership, firm, business, or fnR CItY UN ONLYI4101ublu,es —1. 4 od..—Ill—.1 P'-to>nY OR cl Cm nd a r¢ilm vn la LnLms 0 .NRK4IT NOTIrIEDONFZ. MlF XOCM/,NOEa.ad Or WiF Q ..V.oN'vu.... no Page s of A DISCLOSURE STATEMENT RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 9 other unincorporated organization, AND TMEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below (Attach list i/natatory) AryryN�sPI'rea�: �.d�Twn '�Ad:OIDt.;c�,lriyt p{fYe� bhn fi. /�o Her (R) List The businesses that haven t a oaf ach list itnec necessary) affiliated business entity relationship with the Appliant. (Attah 18c i/rlecasary) See neat page for information scroll to himnmesl anti a SECTION 2 / PROPERTY OWNER DISCLOSURE 1/ CanPkte Section 2 only if eroaem pysi is Oifferewe! Awweicaar. g(i Mock here if the PROPERTY OWNER 15 WT. corporation, partnership, firm, business, or other unincorporated organization ❑ Check here if the PROPERTY OWNER as corporation, partnership, firm, business, or other unincorporated organization, Atilt!) MM. complete the following (A) Lilt he Property Owner's name followed by the names of all officers, tlirectors, members, trustees, partners, etc. below: (Attach list f/necessary) f MI�PKAN-ln � )t+ li At flPr g ka.fl4 IZ .NDIIPr otFfcef' )dhn A. Moller (RI List the businesses Mat have a parent subsidiary' cr affiliated business entity ] relationship with the property Owner. (Attah list i/necessary) The disclosures contained In this form are necessary to Inform public Page 2 of a officials who may vote on the application a to whether they have a conflict of imenst under Virginia law DISCLOSURE STATEMENT RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 10 I 'Pares-subs101ary membership- means 'a remonshlp that ealsts ei one corporation theory or ohrenly awns shoes possessing more than So percent of Me voting power of another corporMon: Ye St. anti Local Government Canffin of Interests M, Va, Code S 2.2.3101. 2 'aRtllated business entry relationship means relationship, other than pare asub90law relationship, the exists "an 0) one business entity, has a comrdang ownership Interest In the other business entity, pit a controlling owner In one emits Is also a commuling banner In the other an iry, or Ilio there is shared management or control betwern the business mutes. Pachos that should be considered In determining the eaktame of an amllned business entity relationship include Mat me me Perron or subsOmi my me same person can or manage the two moves. there are Common or commingled funds or assets, the business emitks share the use M the same offices or emotional or mherwie share aM.MIeL resources or personnel on a regular basis: or there Is otheraise a dose working relationship between the ensies.- Ye so and LOCJ Gwemment Conflin M In immus M, V. CWe 5 233101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the aoolicagon or tiny business cu eratino or to be Operated on the Property If the answer to any Item is YES, plesse Identify the firm or individual providing the service: W0 Q4 SERVICE Accodual and/or preparcr of Your use to. Architect / Landscape Arshiten / Unit Planner Contract Purchaser (if other dun the Applicant) - idottify Wrchaser and purchase. ..Me* providers Any other pending or proposed purchaser of the subject prppemy, (Identify purchase".) and Paschal service providers) Construction Coutrattors 'sight./ Sprveyers The disclosures contained In Mis form are necessary to inform public Page 3 of a officials who may vote on the application as to whether May have a Conflict of Interest under Virginia law DISCLOSURE STATEMENT RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 11 Financing (include current ❑ ® mongage holders and It Man seined or hem tnnsidered to provide financing for acquisition IIgq ormnstruplbn of the property) ❑ cast Isgal 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 w employee of the City of Virginia Beach have an interest in the subject land or any Proposed development ❑ conalrlgent an the subject public action? M Ves, what is the name of the official or employee and what is the nature of the interest? at all of the information contained in this Disclosure Statement Form is true, and accurate. and that, upon receipt of noifudan that the application has been for public hearing, I am responsible for updating the information provided n weeks crier to the Nannina Commission, Council, VEDA meeting. ar The disclosures contained In tile form arc necessary to Inform public Page 4 of 4 offulals who may vote on the application n to whether they have a roof([. of Interest under Virginia law. DISCLOSURE STATEMENT RADMAN RADIOLOGICAL CORP. Agenda Item 6 Page 12 Item p6 Radman Radiological Corp. Conditional Use Permit 2353 Fenwick Way District 7 Princess Anne November 12, 2015 CONSENT An application of Radman Radiological Corp. for a Conditional Use Permit (Home Occupation -Office Use) on property located at 2353 Fenwick Way, District 7, Princess Anne. GPIN: 24041406800000. CONDITIONS 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor -trailer. S. The home occupation shall be conducted on the premises, which is the bona fide residence of the principal practitioner. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. A motion was made by Commission Thornton and seconded by Commissioner Rucinski to approved item 6. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN ABS KWASNY AYE Item p6 Radman Radiological Corp. Page 2 OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 6 by consent. John Moller appeared before the Commission on behalf of the applicant. J J z 3 U. O cc � Z/�/ LV N r -A N N1LL OP pt1,7P SC 3 N � m FI V _ OC N -A N N1LL OP pt1,7P SC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RNR OF VIRGINIA [Applicant] RANDOLPH A. RAU TRUST [Owner] Conditional Use Permit (Automotive Repair Garage), 623 First Colonial Road (GPIN 2407787385) MEETING DATE: December 8, 2015 ■ Background: The property is zoned B-2 Business District. To install tires on-site, a Conditional Use Permit is needed for an Automotive Repair Garage. ■ Considerations: The proposed tire installation facility will be located in the existing building. Landscaping and signage will come into compliance prior to operation. The site is located within the Hilltop Strategic Growth Area (SGA) where auto repair use is not consistent with the long tens SGA Plan. Utilizing the existing building for this transitional use is supported by staff with only minor improvements required due to the recommended 10 -year time limit. The applicant and property owner added Conditions 7 and 8 to relieve the concerns of the adjacent church. No opposition was present at the Planning Commission Hearing. ■ 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. This Use Permit is temporary and shall be valid for no more than ten consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) the Zoning Administrator may extend the Conditional Use Permit administratively. 2. The site shall be improved substantially as shown on the submitted site plan titled, "RNR TIRE EXPRESS,CONCEPT LAYOUT PLAN 02," as prepared by American Engineering and dated, 09/02/2015". Said site improvements shall be made at the time the right-of-way improvements associated with CIP 2-030 and CIP 2-156 are made to First Colonial Road. Should First Colonial Road improvement be delayed, prior to extending this Conditional Use Permit beyond the duration of ten years, the parking between the front building facade and First Colonial Road shall be removed. RNR OF VIRGINIA L.L.C. Page 2 of 2 3. Per Section 224 of the City Zoning Ordinance, all storage of parts and repair work are to be conducted within the automobile repair garage structure. There shall be no outside storage of parts or outside repair permitted. 4. Per Section 224 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. The existing vegetation to the north of the building shall remain or be replaced with Category I landscaping. The site shall be improved to meet the minimum foundation landscaping requirements. 6. All signage shall conform to the applicable current standards of the City Zoning Ordinance. 7. The applicant shall work with the adjacent church to the south to retain the existing shared access aisle as long as possible. Accordingly, the shared access aisle shall not be removed prior to the aforementioned right-of-way improvements planned for First Colonial Road. 6. Tires shall not be installed between the hours of 9:00 am and 1:00 pm on Sundays. Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep artme nt/Age n cy: Planning Departmen t City Manager: y6/vvvrrt,`` (Vc� 4 November 12, 2015 Public Hearing APPLICANT: RNR OF VIRGINIA L.L.C. PROPERTY OWNER: RANDOLPH A. RAU TRUST STAFF PLANNER: Kristine Gay REQUEST: XMX Vk YIX[i1ryW, LLC Conditional Use Permit (Automotive Repair Garage) ADDRESS I DESCRIPTION: 623 First Colonial Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24077873850000 W Greater than 75 dB DNL " 3 ' -- >75 dB DNLAIC 4 November 12, 2015 Public Hearing APPLICANT: RNR OF VIRGINIA L.L.C. PROPERTY OWNER: RANDOLPH A. RAU TRUST STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Automotive Repair Garage) ADDRESS I DESCRIPTION: 623 First Colonial Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24077873850000 BEACH 0.312 Acres Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Request The applicant proposes to operate a tire showroom and retail facility that offers on-site installation. Since the site is zoned B-2 Business District, and the applicant would like to install the tires on-site, a Conditional Use Permit for an Automotive Repair Garage is required. Site The site is developed with a single -story 6,200 square -foot building. The front of this building was previously used as an office, the rear of the building is a commercial garage with four overhead doors for vehicular access located on the southern facade. There is mature vegetation between the building and the northern property line. On-site surface parking is to the east, west, and south of the building. Vehicles can access the site directly from First Colonial Road or from the adjacent property to the south. RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 1 Proposed Operation and Site Improvements The applicant is proposing to make minimal changes to the building exterior and site. As shown on the submitted site plan, First Colonial Road is planned to be widened substantially. Based on this, the applicant is proposing to remove a portion of the parking and close the vehicular connection to the south. Further information on the widening of First Colonial Road from Public Works Traffic Engineering may be found later in this report under "City Services." There will be approximately 1,500 square feet of showroom/retail space and 4,700 square feet of automotive repair space for the installation of tires. The front of the building will be used as the showroom, where customers will pay for the tires they select. Tires will be installed inside the rear portion of the building. No installation or repair will take place outside. No other type of automotive repair is proposed. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant office/garage building SURROUNDING LAND North: . Walgreens / B-2 Community Business District USE AND ZONING: South: . Church/ B-2 Community Business District East: . Commercial /Community B-2 Business West: . Church / B-2 Community Business District NATURAL RESOURCE AND There are no known significant cultural or natural resource features CULTURAL FEATURES: on this site. COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area as identified by the Comprehensive Plan and the Hilltop SGA Master Plan, which was adopted as a Comprehensive Plan amendment on August 28, 2012. The SGA Plan recommends non-residential mixed use development for this site with uses that are deemed compatible with their AICUZ designation (p. 13, Hilltop SGA Plan). CITY SERVICES MASTER TRANSPORATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP) First Colonial Road in the vicinity of this application is considered a four -lane divided major urban arterial. The existing infrastructure is located in an approximate 100 -foot right -d -way. The Master Transportation Plan proposes a six -lane facility within a 150 -foot right-of-way. Currently, this segment of roadway is functioning over -capacity at a Level of Service F. There are two roadway Capital Improvement Program projects slated for this area: Laskin Road — Phase I (CIP 2-156) is for the construction of an eight -lane divided highway in a 160i9^ot RNR OF VIRGINIA L.L.0 Agenda Item 4 i S Page 2 right-of-way from Republic Road to Winwood Drive and a six -lane divided highway in a 150 -foot right-of- way from Winwood Drive to Oriole Drive with multi -use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. The project also includes construction of a six - lane divided highway in a 130 foot right-of-way on First Colonial Road from Laurel Lane to 1-264. Right-of- way acquisition is complete; however, construction will be delayed beyond 2019 due to construction funding. The First Colonial Road/Laskin Road Intersection Improvements (CIP 2-030) include the construction of a second westbound left -turn lane from Laskin Road onto First Colonial Road. No right-of-way acquisition is expected. The project schedule has been pushed back due to a reduction in CMAO funding available. The current construction schedule is 07/2022-07/2023. There will be impacts to the frontage of this site as a result of the Laskin Road Phase I CIP. These impacts include 18 feet of pavement widening and the relocation of the sidewalk. As a result, the parking spaces at the front of the building and the cross -access drive aisle with the property to the south are impacted. EVALUATION AND RECOMMENDATION The subject site is located in the Hilltop Strategic Growth Area (SGA). The requested use of Automobile Repair Garage is not a use that is consistent with the recommended uses of the Hilltop SGA plan; however, being mindful of the transition period from the existing land uses located within the boundaries of the SGA to the land uses and built form recommended in the SGA document, Staff supports the proposal as an interim use and has included a condition limiting this Conditional Use Permit to ten years. Section 203(16) of the City Zoning Ordinance requires one parking space for every 250 square feet of retail area and one space for every 900 square feet of repair area. This proposal meets this requirement by providing 26 parking spaces. Section 224 of the City Zoning Ordinance identifies the land use requirements for Automobile Repair Garages. Typically fencing and landscaping is required to enclose the auto repair garage v4th the exception of points of ingress and egress. Section 221(i) of the City Zoning Ordinance, allows City Council to deviate from landscape requirements where it will cause no detrimental impact to surrounding properties. Given the minimal space between the existing building and property lines and adjacent buildings, Staff finds that the exemption from this requirement is acceptable. As proposed and by following the recommended conditions below, the requested use will meet the intent of Section 224. For the reasons stated above, Staff recommends approval of the subject request with the listed conditions. RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 3 CONDITIONS 1. This Use Permit is temporary and shall be valid for no more than ten consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) the Zoning Administrator may extend the Conditional Use Permit administratively. 2. The site shall be improved substantially as shown on the submitted site plan titled, "RNR TIRE EXPRESS,CONCEPT LAYOUT PLAN 02," as prepared by American Engineering and dated, 09/02/2015". Said site improvements shall be made at the time the right-of-way improvements associated with CIP 2-030 and CIP 2-156 are made to First Colonial Road. Should First Colonial Road improvement be delayed, prior to extending this Conditional Use Permit beyond the duration of ten years, the parking between the front building fagade and First Colonial Road shall be removed. 3. Per Section 224 of the City Zoning Ordinance, all storage of parts and repair work are to be conducted within the automobile repair garage structure. There shall be no outside storage of parts or outside repair permitted. 4. Per Section 224 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen It 4) feet. 5. The existing vegetation to the north of the building shall remain or be replaced with Category I landscaping. The site shall be improved to meet the minimum foundation landscaping requirements. 6. All signage shall conform to the applicable current standards of the City Zoning Ordinance. 7. The applicant shall work with the adjacent church to the south to retain the existing shared access aisle as long as possible. Accordingly, the shared access aisle shall not be removed prior to the aforementioned right-of-way improvements planned for First Colonial Road. 8. Tires shall not be installed between the hours of 9:00 am and 1:00 pm on Sundays. RNR OF VIRGINIA L.LL Agenda Item 4 Page 4 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. RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 5 ` J AERIAL OF SITE LOCATION RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 6 r . SITE LAYOUT RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 7 ZONING HISTORY RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 8 J �J �l .r10 JJ " CVnu�q�� J G APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditlons or FVR = Floodplain Variance REZ=Rezoning Proffers ALT= Akemafive Compliance Ci = Conditional Rezoning NON= Nonconforming Use SVR= Subdivision Variance STC = Street Closure # I DATE REQUEST ACTION 1 1 10/24/1995 1 CUP Church Approved 2 1 05/11/2004 ISVR I Approved 3 1 09/23/2008 1 CUP Tattoo Studio ADDroved ZONING HISTORY RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 8 W Virginia Bendt 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals CertiFl<ate of APProPrlateness (Historic R"I Boats ;h-sap.t�e Bayeservaion Areaoardonditlonal Use Permh Disposition of City Property Economic Development Investment Program EDI Encroachment Request Floodplain Variance Franchise Agreement Lase of city Property Dtense Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Varlance 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 B 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 I At d.uIaFu,e, must E[ updated oro M.INk. a,. Sa arty ndOnm C.ftn"..,d C1 C*..(A Ahe nval 1.FIR Ilo ❑ 4 UCANFNOTu1EDaNE4NNc Rrz NO CHANGES -OF DArz REVIVONSSUMITTEO WT[ Page 1 of 4 DISCLOSURE STATEMENT Y RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 9' ,a 1 Y f YupmaRaeh 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 ff necessary) RNR of VA, LLC - Jonathan Rose, Richard Rose, Jeffrey Loeb, Ronald Russell, Ronald Rose (R) List the businesses that haw: a parent -subsidiary r or affiliated business entity a relationship with the Applicant: (Attach list If necessary) See next page for Information pertaining to footnotes) and z SECTION 2 / PROPERTY OWNER DISCLOSURE complete Section 2 poly if arooerty owner is different from Armlicant. ❑ Check here if the PROPERTY OWNER 15 NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) list the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list ifnecessary) Randolph A. Rau Trust Carbon Rau Lett. Trustee William Pore, Co -trustee (a) List the businesses that have a parent -subsidiary t or affiliated business entity a relationship with the Property Owner: (Attach list ifnecctsary) The disclosures contained In this form ars necessary to inform public Page 2 of 4 officials who may vota on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 10 At Iril. Virginia Reach I 'Parent subsidiary relationship mom 'a relapornhip that exists when one corporation direNy or Ind rudy ams shuts possessing more than SO percent of the voting inner of ander corporation' Sn Stue end Loul Government Conflict of Interests Att, Va. Cade § 2,13101. 1 'Affiliated business entity rebtgnship' mean 'a relationship, other than parentsubsldlary, relationship, that exists when 0) ane buslness entity has a commolling ownership marest In the other business entity. OR a controlling owner In ore entity Is also a contrdling Amer In the other entity, or (ilii 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 or. or maruge the two ..tires: there are carnmm or commingled funds or assets: the business entitles there the use of the same ogires or employees or od ervAim share Activates, resources or personnel an a regular basis: or there is otherwise a close working relationship between the entitles' See State and Local Cmemment Conflict of Interests Act, Va Coat § 1.13101. 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: N Q4 M SERVICE Accounting and/or pmpmr of your tea return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchasers) and Ipurchasees service providers) fanstructlon Contractors Engliaeers / Surveyors PROVIDERov addidmda R ,wader The disclosures contained in this form are necessary to Inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict DISCLOSURE STATEMENT RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 11 ne deamm ® , mongalle holdent and hken alanad or being onsmeree m Provbe finandne far acguWtloe er aatwRbn a! the propmty) ❑ ® Legal SaMns ❑ ® Rea Foam Brokers / Agwlts For currant and se .1pated future tsales m the subject Property j SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the Ciry of Virgl W eaach have ❑ ®I an Inheres it the Shiflett land w any praposad development cvndagant m the subject public actlpay If yea. what Is the name or the official or employee and what h the nature of the Interest? CERTIFIUTgIt I cern(gMm all of the Information contained In this Disclosure Statement Farm: Is compku, true, and accurate. I understand that, upon receipt of nWficatbn that the application has ban scheduled for public hearing, I am respomWle for updating the information provided herein Iayo weeks prior to the planning Commission, Council, VFDA maung, or revertino odaft public §a$k mcgimmitm in connection with this Application. Q11�e� VA lLC RNR a VA. LLC byJwmlh n &31/75 a4aa mini? ! MeTE� ,hG Randolph A. Rau Trtml 7,1 ams) omml•{realamae Mur"A" 1[ The dkclaum cowabad In Mit bur are: rwasury m Nfam What Hoe 4 de omclalt wea mar w on me appllatlm ae to anedwr Ma haw a romlKt of hrwnat under Virginia law. DISCLOSURE STATEMENT RNR OF VIRGINIA L.L.0 Agenda Item 4 Page 12 Item #4 RNR of Virginia Conditional Use Permit 623 First Colonial Road District 6 Beach November 12, 2015 CONSENT An application of RNR of Virginia for a Conditional Use Permit (Automotive Repair Garage) on property located at 623 First Colonial Road, District 6, Beach. GPIN: 24077873850000. CONDITIONS 1. This Use Permit is temporary and shall be valid for no more than ten consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) the Zoning Administrator may emend the Conditional Use Permit administratively. 2. The site shall be improved substantially as shown on the submitted site plan titled, "RNR TIRE EXPRESS,CONCEPT LAYOUT PLAN 02," as prepared by American Engineering and dated, 09/02/2015". Said site improvements shall be made at the time the right-of-way improvements associated with CIP 2-030 and CIP 2-156 are made to First Colonial Road. Should First Colonial Road improvement be delayed, prior to extending this Conditional Use Permit beyond the duration of ten years, the parking between the front building facade and First Colonial Road shall be removed. 3. Per Section 224 of the City Zoning Ordinance, all storage of parts and repair work are to be conducted within the automobile repairgarage structure. There shall be no outside storage of parts or outside repair permitted. 4. Per Section 224 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 5. The existing vegetation to the north of the building shall remain or be replaced with Category I landscaping. The site shall be improved to meet the minimum foundation landscaping requirements. 6. All signage shall conform to the applicable current standards of the City Zoning Ordinance. 7. The applicant shall work with the adjacent church to the south to retain the existing shared access aisle as long as possible. Accordingly, the shared access aisle shall not be removed prior to the aforementioned right -cif -way improvements planned for First Colonial Road. 8. Tires shall not be installed between the hours of 9:00 am and 1:00 pm on Sundays. A motion was made and seconded by Commissioner Rucinski to approve item 4. Rem U4 RNR of Virginia Page 2 By a vote of 10-0-1, with the abstention so noted, the Commission approved item 4 by consent. Jonathan Rose appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 4 by consent. Jonathan Rose appeared before the Commission on behalf of the applicant. K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD — CSB HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (TTA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA REACH CFTY COUNCIL BRIEFINGS SU%LIWRF OF COUNCIL ACTIONS A. VB He. Now Rey B colaren, Pastor K 0 Poser Fellowship S Linwood BrurROwn, D S DATE 12/0IQ015 PAGE. 1 A Dray's 1. - V B GREEN RIBBON COMMITTEE Clay Barnwk, H S AGENDA E H A E W ITEMM SUBJECT MOTION VOTE N E I M S U 1 Environment and P D N O K M M S H L W O Y L N A O 0 O R S O RE E E N S N M 1 0 0 T R Y S E S U S N N D I CFTY COUNCIL BRIEFINGS A. VB He. Now Rey B colaren, Pastor Poser Fellowship Linwood BrurROwn, Dray's 1. B GREEN RIBBON COMMITTEE Clay Barnwk, Admimstrai Environment and Smramabhh, Wayne MOCq- Faanderend PooWiaol - Mid-Adannc Ennronmenml, LLC Keren Forge,, E..'e Dnamr— Lyrmhaven River NOW II CITY MANAGER'S BRIEFING Emdy Labows, Director— Once of A CULTURAL ARTS PLAN 2030 Cultural Affens Duncan Webb, President, Webb Management Services, Inc UMNI CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y V Y Y Y Y Y Y Y VUVI SESSION A-E VILF MINUTES APPROVED 11-0 Y V Y Y Y Y Y Y Y Y Y November 17,2015 ADDED MAYOR'S PRESENTATION Charlie and Page Hasson PROCLAMATION recognizing Kathleen Hansen on her retirement rafter 39 X yeah of City dedreanon end efilcrent service VI.G FORMAL SESSION AGENDA CONSENTAGENDA VRH PUBLIC COMMENT 1 PHASEVITOWNCENTER 3speakers 2 OLD BEACH VILLAGE 3 speakers 3 ARENA PROJECT 23 speakers CfTY OF VIRGINIA BEACH PUBLIC HEARINGS SUMMARY OF COUNCIL ACTIONS 1 SALE OF EXCESS PROPERTY No speakers R 0 S Lane D S DATE 12/012015 PAGE 2 A 2speak. V Land/Mprovements on 19" H S AGENDA E H A E W ITEM SUBJECT MOTION VOLE N E I M S U 1 ADOPTED, BY 11-0 P D N O K M M S H L W 0 Y L N A O O O R S 0 R E E F. N 5 N M I O 0 T R Y S E 5 D S N N U VIII PUBLIC HEARINGS 1 SALE OF EXCESS PROPERTY No speakers Princess Anne Road/Winterbrn Lane 2 TRANSFERof PROPERTY 2speak. Land/Mprovements on 19" Street in VBDA VII1.1 Ordbunce to AMEND the City Cade to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y comply with the Vaglnie Code/ADJUST CONSENT maborvsOons of EMSrFire VITT Resolution in AUTHORIZE Non-bindmg ADOPTED 9-2 Y N Y Y Y N Y Y Y Y Y Term Sheet re Town Center Phase VV AUTHORIZE dOenmenU re mixed-use development by Town Center Associates, LLC A VILJ.3 ONinance to DECLARE land at Pnnccss ADOPTED, BY 10-0 Y Y Y Y Y Y Y s Y Y Y Awe Road/Winterberty Lane EXCESS/ CONSENT T AUTHORIZE conveywce to YNOT, a LLC h E D VIIJ4 Ordinwce to AUTHORIZE in.1 .hment ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y into City wned property on Central Perk CONSENT Ave. to TCA Block 4 Retail, LLC V11J.5 Ordmwce to ALLOW a6 month extenaon ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to satisfy conditions of closure of Circle CONSENT Woe for Thomas CJL1ss D. McKee VR1.6 Ordinances to REAPPROPRIATE/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y V TRANSFER School Funding CONSENT e. 512,894,051 in FY -2014-2015 Revered.. Funds b $1,776,265 within the FY 2015- 2016 Schoch Budget $367,094 within the FY 2015.2016 Gees. Run Collegial¢ Charter School Fund VD.K.1 CHRISTINE WERNEMEMBROKE APPROVED/ 10-0 Y Y Y Y Y Y Y e Y Y Y OFFICE PARK, LP Modification of CONDITIONED, BY s C,Wirionsof COP reapa.alon ofa CONSENT T Vocational School at 281 Independence Boulevmd N DISTRICT 4-BAYSIDE E D CITY OF VIRGINIA REACH BPB WHOLESALE CLUB/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y BIRCHWOOD MALL ASSOC. CONDITIONED, BY R O CONSENT S re Auto Semite to allow electronic D S DATE 1]/012015 PAGE, 3 A _ V Beach Boulevard H S AGENDA E 11 A E W ITEM 4 SUBJECT MOTION VOTE N E i M S U I APPROVED/ 11-0 P D N O K M M S H L W 0 Y L N A O O O R S O R E EE RICHMOND Modification ofCondinons N S N M 1 O O T R Y 5 E 8 D S N N D V11 K2 BPB WHOLESALE CLUB/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BIRCHWOOD MALL ASSOC. CONDITIONED, BY Modification of Condition No. 4 of CUP CONSENT re Auto Semite to allow electronic display of fuel pricer at 3712 Virginia Beach Boulevard DISTRICTS-LYNNHAVEN VILK3 ROBERT MCNICHOLS EV. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FRANCIS R. LORENZO, BISHOP OF CONDITIONED, BY RICHMOND Modification ofCondinons CONSENT ofa U re Hooting for Senion(Motion Mayor) to add a Chalxl at 5345 Marian Lane DISTRICT 2-KEMPSVRLE A VII K 4 PORPOISE, LLC/LESLIE G. SHAW, APPROVED/ 10.0 Y Y Y Y Y Y Y s Y Y ti M renewal ofCLlE re a able instant CONDITIONED, BY T 1%5 Cypress Avenue CONSENT A DISTRICT 6 -BEACH N O VII K.5 BAYSIDE CONCRETE, INC/BRUCE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y H. COULD CUE to Bulk Storage Yard CONDITIONED, BY at 408 Davis Street CONSENT DISTRICT 2-KEMPSVILLE VII .K6 SHE" MARIE BOLLENBACHER APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUE re Home Daycare at 2492 Save. CONDITIONED, BY Kings Road CONSENT DISTRICT 3 -ROSE HALL A VILK7 "OT, LLOCITY re a Conditional APPROVED/ 10-0 Y Y Y Y Y Y Y s Y Y Y COZ from AG -2 to Condrpo.al B-2 re a PROFFERED, BY T reataanntat plawast Arnie/Vllnterberry CONSENT A I ane u DISTRICT 7- PRWCESS ANNE E 0 VH.K.B Street Clioaret. repMionsofd¢ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y unimproved ROW of Holly Painful 48di CONDITIONED gains UPON DISTRICT6-BEACH COMPLIANCE a. HOLLY ROAD, LLC b. DR. JACK SIEGELILISA A. BERTINI VH K 9 AMEND Subon 801 of Ne CZO re DEFERRED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Farm Stands CONSENT TO JAN 5, 2016 CITY OF VIRGINIA R&ACH APPOIN I'MEN IS RESCHEDULED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y CONSENSUS R O S ADVISORYCOMMISSION D S DAM IL012015 PAGE 4 A V ADVISORYCOMMTITEE H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E 1 M S U 1 P D N O R M M S H L W O Y L N A 0 O O R S 0 R E E E N S N m1 O O T R Y S E S D S N N D L APPOIN I'MEN IS RESCHEDULED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENSUS BEACHES eM WATERWAYS ADVISORYCOMMISSION BIKEWAYS end TRAE.S ADVISORYCOMMTITEE BOARD OF BUBDING CODE APPEALS -PLUMBING/ MECHANICAL COMMUNDY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS evd RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMI TEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ART -TRUSTEES HISTORICAL REVIEW BOARD Rmppolnted3yeerterm 11-0 Y Y Y Y Y Y Y Y Y Y Y 11/01/15 - 10/31/18 John M. Baillin William M. Wsirh, Jr. MIN NEW BUSINESS RESOLUTION re Arcea W W Scheduled OPEN DIALOGUE Noepeaken 0 ADJOURNMENT 8:03 P.M.